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HomeMy WebLinkAbout07-4685o/ ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. Q'7 - x(085 i1 i v i t ~P•r'M JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice aze 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 aze wazned 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 fiu-ther 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 Baz Association 2 Liberty Avenue Cazlisle, PA 17013 (717) 249-3166 356169 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 356169 RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Renee and Kenneth Moose are husband and wife adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 799 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Betsy Sherlock is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 317 Monroe Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on Wednesday, September 21, 2005, at approximately 7:43 a.m. at the intersection of Trindle Road and Sheely Lane in Hampden Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Renee Moose was operating her 2005 Honda Pilot traveling north on Sheeley Lane. 5. At that time and place, Defendant Betsy Sherlock was operating her 2005 Chevrolet Equinox traveling east on Trindle Road. 6. The intersection of Trindle Road and Sheely Lane is controlled by a traffic signal. 7. At that time and place, Defendant Betsy Sherlock failed to stop at the red traffic light that controlled traffic traveling eastbound on Trindle Road. 8. At that time and place, Renee Moose was proceeding into the intersection on a green traffic signal for northbound traffic on Sheeley Lane. 356169 9. At that time and place a violent collision occurred when Defendant Sherlock's vehicle struck the front driver's side of Renee Moose's vehicle. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by the Plaintiffs Renee and Kenneth Moose are the direct and proximate result of the negligent, careless and reckless manner in which Defendant Betsy Sherlock operated her vehicle as follows: (a) proceeding through a red traffic light in violation of the Pennsylvania Motor Vehicle Code section 3111 and 3112; (b) pulling her vehicle directly into Renee Moose's vehicle while Renee Moose was properly proceeding on a green light at the intersection of Trindle Road and Sheely Lane; (c) failure to keep alert and maintain a proper watch for the traffic control signal; (d) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (d) failure to have proper and adequate control over her vehicle; and (e) 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. CLAIM I RENEE MOOSE V. BETSY SHERLOCK 11. Paragraph 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff Renee Moose sustained painful and severe injuries which include but are not limited to neck pain and shoulder pain that radiates into arms and hands resulting in surgery as well as general shock to her nervous system. 356169 13. By reason of the aforesaid injuries sustained by Plaintiff Renee Moose, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 14. Because of the nature of her injuries, Plaintiff Renee Moose has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Renee Moose has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Renee Moose has been, and in the future will be subjected to great humiliation and embarrassment and claim is made therefore. 17. As a result of the aforementioned injuries, Plaintiff Renee Moose has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Renee Moose demands judgment against Betsy Sherlock 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. CLAIM II KENNETH MOOSE V. BETSY SHERLOCK 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 19. As a result of the aforementioned injuries sustained by his wife, Plaintiff Renee Moose, Plaintiff Kenneth Moose has been and may in the future be deprived of the care, 356169 companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiff Kenneth Moose demands judgment against Betsy Sherlock 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. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: August 6, 2007 356169 I.D. No. 36513 VERIFICATION I, KENNETH MOOSE, do swear and affirm that the facts set forth in the foregoing COMPLAINT 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 the Rules of Civil Procedure relating to unsworn falsification to authorities. Dated: fi (~ ZQG^? ~~_ ~~KENNETH MOOSE • • VERIFICATION I, RENEE MOOSE, do swear and affum that the facts set forth in the foregoing COMPLAINT 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 the Rules of Civil Procedure relating to unsworn falsification to authorities. ,~ (/~- Grp _ RE E MOOSE Dated: ~ (~ ~C1 ~ ~ -t ~ T ..a ~ (~~~ ~ "'1 b~. ~ ` ~ - N ~ ~ "r1 t~,~-' ,~ r~-; . l G 1_ r.., ~ -.J ; ) ,_ D ,r` - 'S7 -~'' ^r~ A-' F:FILES1Donega13050\Current\48713050.487.pra]/ajt Created: 9/20/04 0:06PM Revised: 8/ 15/07 l 0: 3 8AM 3050.487 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 RENEE MOOSE and KENNETH MOOSE, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA v. NO. 07-4685 CIVIL ACTION -LAW BETSY SHERLOCK, . Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of the Defendant, Betsy Sherlock, in the above matter. Respectfully Submitted, MARTSON LAW OFFICES BY ^'3 ~' J l Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: August 20, 2007 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 LAW By V~ Ami h Ten East High e Carlisle, PA 17013 (717) 243-3341 Dated: August 20, 2007 ~~ ,--5 ~1 ~ = -rt ". E:= ~' _ ~ ,.f r' ~ l'~ ° .r ' ~-Si ' .~. K SHERIFF'S RETURN - REGULAR CASE NO: 2007-04685 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOOSE RENEE ET AL VS SHERLOCK BETSY MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHERLOCK BETSY the DEFENDANT at 1550:00 HOURS, on the 13th day of August 2007 at 317 MONROE STREET MECHANICSBURG, PA 17055 BETSY SHERLOCK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 8~a 2'0 7 ~,, So Answers: 18.00 .58 10.00 R. Thomas Kline .00 3~ 08/14/2007 ANGINO & ROVNER Sworn and Subscibed to before me this of By: ~ day Deputy Sheriff A.D. F:~FILFS1Donega13050\CunentW87l?050.487.aro 1/ajt Created: 9120/04 0:06PM Revised: 8/30/07 9:ISAM 3050.487 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 RENEE MOOSE and KENNETH MOOSE, her husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4685 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAI1yTIFFS' COMPLAINT 1-6. Admitted. 7-10. Denied pursuant to Pa. R.C.P. 1029(e). CLAIM I RENEE MOOSE V. BETSY SHERLOCK 11. Paragraphs 1 through 10 of this Answer are incorporated herein by reference. 12-17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Sherlock demands judgment in her favor against Plaintiffs. CLAIM II KENNETH MOOSE V. BETSY SHERLOCK 18. Paragraphs 1 through 17 of this Answer are incorporated herein by reference. 19. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Sherlock demands judgment in her favor against Plaintiffs. NEW MATTER 20. It is believed that Plaintiffs were comparatively negligent or assumed the risk of injury by operating their vehicle in a careless and negligent manner in that they proceeded into the intersection without determining that this could be done in safety. ti 21. Defendant Sherlock reserves the right to add additional New Matter based on information received from upcoming discovery in this case. 22. Plaintiffs' cause of action may be barred by the statute of limitations. 23. Plaintiffs' recovery, if any, maybe diminished pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. 24. Defendant had just received new glasses and had a problem seeing out of them at the time of the accident, and also the sunlight was causing problems with her vision at the time of the accident. WHEREFORE, Defendant Sherlock demands judgment in her favor against Plaintiffs. Respectfully Submitted, MARTSON L!!A__W OFFICES By l~, Daniel K. Deardorff, Esquir Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: August 30, 2007 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the prepazation 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 aze 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. /J O'o27-d7 Betsy S lock Date F:~FILES~Donega13050~Cucrrnt4t8T3030.487.mm 1 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON LAW OFFICES By Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 30, 2007 ~:+ c~~.'i E~1 ~~ s_~ ~? ~ ~` r. ~ ,~ ~... -- ~ -~ ~F1 - TJ t"C2 -- C.,J y ~ '~ J \.~t "'".~ _ n i. 'y /~t ~_ .. /„ ~~ t3 `` ~i ,,. , ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs) E-mail: mkosikQangino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW N0.07-4685 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. DATED: 9/14/07 r~squlre 364821 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RENEE MOOSE and MOOSE, HER HUSBAND versus BETSY SHERLOCK KENNETH Plaintiffs No. 07-4685 CIVIL TERM Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Shelby Seiber 3623 Gettysburg Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a copy of all office notes/medical records pertaining to Betsy Sherlock, Social Security Number 202-42-7089 and Date of Birth 7/11/54. 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717} 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RENEE MOOSE and KENNETH MOOSE, HER HUSBAND Plaintiffs versus : No. 07-4685 CIVIL TERM BETSY SHERLOCK Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lens Crafters 1 Camp Hill Mall Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a copy of all office notes/medical records pertaining to Betsy Sherlock, Social Security Number 202-42-7089 and Date of Birth 7/11/54. 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 14~' day of September 2007, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the NOTICE OF INTENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (717)243-3341 ID #: 17837 Attorney for Defendant Michelle M. Milojevich 364821 L o -~,, ~~-, -_.: tra rrt r s < •-::. ,,~'''~ z~.., "'~ ~ {`~ ~~ N ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# :36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO.O?-4685 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve subpoenas with a copy of the subpoenas attached thereto were mailed or delivered to each party, and plaintiff received a letter from defense counsel waiving the 20 days, letter attached; (2) a copy of the notice of intent, including the proposed subpoenas are attached to this certificate, (3) defendant waived the 20 days as evidenced by a copy of his letter attached hereto. 364821 (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve subpoenas. Dated: 9/26/07 ___ Mic E. Kosik, Esquire Attorney for Plaintiff 364821 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. BETSY SHERLOCK, Defendant CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve uI>on the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. DATED: 9/14/07 364821 ~Clichael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff ~:~; ... . -~ ~ T ~ ( ` 3 + r ~ ~' r' ~` == c;; _~, r'`~-~ j ~ .~ ~ ..~. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RENEE MOOSE and KENNETH MOOSE, HER HUSBAND Plaintiff/s versus : No. 07-4685 CIVIL TERM BETSY SHERLOCK Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Shelby Seiber 3623 Gettysburg Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a copy of all office notes/medical records pertaining to Betsy Sherlock, Social Security Number 202-42-7089 and Date of Birth 7/11/54. 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address: Telephone: Supreme Court ID #: Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RENEE MOOSE and KENNETH MOOSE, HER HUSBAND Plaintiffs versus : No. 07-4685 CIVIL TERM BETSY SHERLOCK . Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lens Crafters 1 Camp Hill Mall Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: a copy of all office notes/medical records pertaining to Betsy Sherlock, Social Security Number 202-42-7089 and Date of Birth 7/11/54. 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 service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address Telephone: Supreme Court ID # Attorney for: Michael E. Kosik, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 36513 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this 14~' day of September 2007, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the NOTICE OF INTENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (717) 243-3341 ID #: 17837 Attorney for Defendant Michelle M. Milojevich 364821 ~~![A~~O~ L}E,A~L~®RFF WILL~~.MS O~~O ~LROY ~ ~tAZ,LE MARTSON LAW OFFICES lO EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET WWW.maftSOfllaW.COm Michael E. Il~?silC, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Wu_LIAM F MARTSON JOIIN B. FOWLER III DANIEL K. DEAR.DORFF THOMAS J. WILLIAMS* No V. OTro III HUBERT X. GILROY 'BOARD CERTIFY September 20, 2007 RE: Renee Moose and Kenneth Moose, her husband, v. Betsy Sherlock No.: 07-4685 -Cumberland County C. C. P. Our File No.: 3050.487 Dear Mike: GEORGE B. FALLER JR.* DAVID A. FITZSIMONS CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH T. MOSEBEY TRL'DY E. FEHLINGER n Crvfc TRIAL SPECLll.ISr Thank you for sending me a copy of your Notice of Intent to subpoena the records of Dr. Seiber and Lens Crafters. Defendant is willing to waive the 20-day time limit to file an objection. Please send me a copy of all the records you obtain pursuant to your subpoena. Very truly yours, DKD/aj t Enclosure Mf A~RTSON LAW OFFICES `,l Daniel K. Deardorff cc: Ms. Erika Campbell (PAA 3004626-SC) F: \FILES\Clients\Donega13050\CurrentS48713050.467.mk8 INFORMATION • ADVICE • ADVOCACY SM CERTIFICATE OF SERVICE I, Michelle M. Milojevich, 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 CERTIFICATE PRE- REQUISITE TO SERVICE OF SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Michelle M. Milo~evich Dated: 9/26/07 364821 c'? , `' ~ ' t~" _ ...., -n it .~.__ _ f J _,_. r i >> ....:, 4._., ~...« ~.+ L~~ r~ } ' c-•.~ ud ; i -'~c ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENIv'ETH MOOSE, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. BETSY SHERLOCK, Defendant CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 20. Denied. This averment is a conclusion of law to which no responsive pleading. is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Renee Moose is comparatively negligent or assumed the risk of injury for the cause of action stated in Plaintiffs' Complaint. Plaintiff Renee Moose proceeded into the intersection on a green traffic signal and had only partially crossed the intersection when she was struck by the Defendant's vehicle who failed to yield and stop for a red traffic signal controlling the movement of travel in the Defendant's direction. Plaintiff Renee Moose had no obligation to anticipate the negligence and reckless conduct of the Defendant, and it is specifically denied that she was negligent in any manner upon the cause of action stated in the Complaint. It is further denied that the defense of assumption 364120 of the risk is an applicable or viable defense in a motor vehicle accident in Pennsylvania, and it is specifically denied that there are any facts upon which it could be established that Plaintiff Renee Moose assumed the risk of injury in this accident. 21. Denied. Pennsylvania Rule of Civil Procedure 1030 provides that all affirmative defenses shall be plead in a responsive pleading under the title of New Matter. Certain affirmative defenses which Defendant has already plead need not be included in the New Matter, however, there is no provision for the Defendant to reserve the right to raise additional New Matter based upon discovery. Plaintiffs maintain that Defendant's attempted reservation of the right to raise additional New Matter is ineffective and irrelevant and no further answer is required on the part of the Plaintiffs. 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' cause of action is barred by the statute of limitations. Plaintiffs' cause of action arose as a result of a motor vehicle accident on September 21, 2005. Plaintiff filed this cause of action on August 7, 2007 with service on the Defendant on August 13, 2007. Plaintiff filed suit and served the Defendant less than two years from the date of the accident, and therefore, Plaintiffs' cause of action was timely filed pursuant to Pennsylvania's two-year statute of limitations contained in 42 Pa.C.S.A. § 5524 . 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiffs' damages or potential recovery are diminished in any way by the application of the Pennsylvania Motor Vehicle Financial Responsibility Law. 364120 24. Plaintiff is without knowledge or information concerning the factual averments made by the Defendant in this paragraph and proof thereof is demanded. By way of further response, even assuming the Defendant's factual statements to be correct, these do not arise to legal defenses to Plaintiffs' claim. In fact, Plaintiffs maintain the facts establish that the Defendant was negligent for driving with new glasses when she was having difficulty seeing and also proceeding when she was unable to see regardless of the reason. Plaintiff Renee Moose maintains that the sun rising in the east is a commonly known phenomenon and does not arise to a sudden emergency under these factual averments. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiffs and against Defendant. 364120 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717}.238-6791 Attorney for Plaintiffs VERIFICATION I, RENEE MOOSE, do hereby swear and affirm that the facts set forth in the foregoing Reply to New Matter is true and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. 1~-- RE E MOOSE Dated:_~ ~- ~ ~--~ - (~ CERTIFICATE OF SERVICE AND NOW, this 27~' day of September 2007, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (717) 243-3341 ID #: 17837 Attorney for Defendant Michelle M. Mnlo~evnch 364120 ~ ~...., -::.a r.: .1 C~ 'T _ 7 . r __ ~.:~: ' t "`.'7 ~.. ~._. '-'1 ,.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 O for trial without a jury CAPTION OF CASE (entire caption must be stated in full) RENEE MOOSE and KENNETH MOOSE, Her Husband Plaintiffs v. BETSY SHERLOCK Defendant (check one) () Assumpsit () Trespass (x) Trespass (Motor Vehicle) () Other The trial list will be called on Mazch 17, 2009. Trials commence on April 13, 2009. Pre-trials will beheld on Mazch 25, 2009 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 07-4685 CIVIL TERM Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, 4503 N. Front Street, Hbg., PA 17110 Indicate trial counsel for other parties if known: Daniel Deazdorff, Esquire, Ten East High Stre " This case is ready for trial. Date: 2/13/09 Attorney for Plaintiff(s) Print Name: Michael E. Kosik ~ _ ~ ~ ~ ~ -~' F t ~+ r~ .. - z t7„ Y ` V _ ~ = , V it ..- ~ . „"='_ j ~ ° .... (..~~ ~`S ANGINO & ROVNER, P.C. Michael M. Kosik, Esquire Attorney II)# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs) E-mail: mkosik@angino-rovner.com n r"LVD~ ivlvw~ ana KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P~ CIVIL ACTION -LAW N0.07-4685 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR A CONTINUANCE AND NOW, comes Plaintiffs Renee and Kenneth Moose. by and through their attorneys Angino & Rovner, P.C., and hereby requests that their case be removed from Mlle April 2009 civil trial term for the following reasons: 1. This case arises out of a motor vehicle accident which occurred on Wednesday, September 21, 2005 at the intersection of Trindle Road and Sheeley Lane in Hampden Township, Cumberland County, Pennsylvania. 2. Plaintiff Renee Moose was seriously injured when the Defendant Betsy Sherlock failed to stop for a red traffic signal on Trindle Road. 405440 3. The parties have completed discovery, including the depositions of the parties and written Interrogatories and exchange of Request for Production of Documents. 4. Plaintiffs' counsel has taken the deposition of Dr. Cincotta, Plaintiff's treating physician, for use at trial and had Dr. Lupinacci's deposition scheduled. 5. Unfortunately, Plaintiff Renee Moose became ill and was unable to attend a defense medical examination which had been scheduled. 6. Plaintiffs' counsel did not want to proceed with the depositipn of Dr. Lupinacci without having the report from the defense medical exam and there were conflicts with any other dates that Dr. Lupinacci was available prior to the trial week. 7. Plaintiffs' counsel consulted his clients, Renee and Ken Moose concerning either proceeding to trial and scheduling Dr. Lupinacci's deposition without the defense medical report or seeking a continuance. 8. Plaintiffs Rene and Ken Moose requested that the case be continued so the defense medical report could be obtained before actually taking Dr. Lupinacci's trial testimony. 9. Plaintiffs have rescheduled Dr. Lupinacci's deposition for use at trial for a date after the Defendant's medical examination is supposed to take place, however, this will not occur until after the Apri12009 trial term. 10. Counsel for the parties have agreed to seek a continuance of the trial to a later trial term, more than likely the September 2009 trial term in light of these scheduling conflicts. 11. The conflicts which have necessitated the request for a continuance were not known at the time that the Certificate of Readiness was filed listing this case for trial and have arisen subsequent to the Certification that the case was ready for trial. 405440 12. This case has not been before the Court nor has it been assigned to a Judge previously in Cumberland County to rule upon any issues. 13. Plaintiffs are represented by Michael E. Kosik, Esquire of the firm Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 14. Defendant is represented by Daniel Deardorff, Esquire of the firm Law Office of Martson, Deardorff, Williams & Otto, Ten East High Street, Carlisle, PA 17013, (717) 243-3341. 15. Plaintiff have obtained the concurrence of Attorney Daniel Deardorff and previously sent a letter to the Court confirnung the concurrence of counsel. (See letter attached hereto as Exhibit A.) WHEREFORE, Plaintiffs Renee and Ken Moose requests that their case be stricken from the Apri12009 civil trial term. Date: 3/4/09 AN R, P.C. ichael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs aosaao ANGINO ~. ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1799 RICHARD C. ANGINO NEII. ). ROVNER JOSEPH M. MELII.i.o DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLACK LISA M. B. WOODBURN DARYL E CHRISTOPHER 717/238b791 FAX 717/2385610 W W W.ANGINO•ROVNER.COM EMAIIa MKOSIKCANGINO•ROVNER.COM Ms. Melissa H. Calvanelli Court Administrator Cumberland County Courthouse One Courthouse Squaze Cazlisle, PA 17013 RE: Moose v. Sherlock No: 07-4685 Deaz Ms. Calvanelli: Februazy 24, 2009 I am writing to request that the above-referenced case which appeazs on the April trial list with the call scheduled for Mazch 17, 2009 be continued until the September trial term at the request of both counsel. Although the parties were working towazds completing the medical experts' depositions for use at trial, Plaintiff Renee Moose became ill and unable to attend the ...examination by the Defendant's medical examiner which has created a problem for the other scheduled depositions, all of which could not be scheduled prior to the date of the trial. Plaintiff Renee Moose and her husband, Kenneth Moose, were consulted before requesting the continuance. Because of conflicts, both counsel were unavailable for the June term, and therefore, the request is being made for the September trial term. If this would require us to specifically relist the case for trial, please advise me. If you have any additional questions, please do not hesitate to contact me. MEK/mmm cc: Daniel Deardorff, Esquire 398384 1v11Gi1~IC1 !'.. 1L051K lc ul~v,{-,9- CERTIFICATE OF SERVICE AND NOW, this 4~' day of March 2009, I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' MOTION FOR A CONTINUANCE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (717) 243-3341 ID #: 17837 Attorney for Defendant L[1~~G~~~~2~ /i~~ Michelle M. Milojevich aosaao .n •t~ ~ r.-~ ' ~- ~~: s ~ ` .~ ~. c~.., -v ~ ~ . `~ ~ i~ RENEE MOOSE and IN THE COURT OF COMMON PLEAS OF KENNETH MOOSE :CUMBERLAND COUNTY, PENNSYLVANIA V. BETSY SHERLOCK N0.2007 - 4685 CIVIL TERM ORDER OF COURT AND NOW, this 10TH day of MARCH, 2009, by agreement of the parties this matter is continued generally. It may be relisted by either party. / Michael M. Kosik Es uire q / Daniel Deardorff, Esquire sld l~Oplfr_S /'Y~'$1~ 1 3/r~/~v Edward E. Guido, J. i I! 7 r~ ri,:"b ~cJ ~~~V~ r~7 E~;~j~ ~r~$ ~V ~'~ ~C:37!_~ PRAECIPE 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 (entire caption must be stated in full) (check one) RENEE MOOSE and KENNETH MOOSE, Her Husband, ®CivilAction-Law ^ Appeal from arbitration (other) (Plaintiff) ~• The trial list will be called on August 25 , 2009 BETSY SHERLOCK, and Trials commence on September 21, 2009 (Defendant) Pretrials will be held on September 2, 2009 vs. (Briefs are due S days before pretrials No. 07-4685 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: Michael E. Kosik, Esquire; ANGINO & ROVNER,P.C.; 4503 ~. Front St., Harrisburg, PA n This case is ready for trial. Signed: V lc,,,,~ ~ `~-~lG'yQ, PrlntNarne: Daniel K.Deardorff, Esquire Date: July 14, 2009 Attorney for: Defendant Betsy Sherlock ~~~ z ~ r ~~ .,~ _. a ~: r.. ^, 2~~9 J.~. ~ ~ i'~; w• ~:. r , ,, ~ ~~'''-~V +~1,~•. ~- Oll ~IS~IX~ ~~ ~ I33(v ~(~i (# da~q&S r #8 RENEE MOOSE and IN THE COURT OF COMMON PLEAS OF KENNETH MOOSE, her CUMBERLAND COUNTY, PENNSYLVAN~ Husband, ~ ~ `~~+ Plaintiffs ~,t ~, n ~~~ ~ :~ v , CIVIL ACT I ON - LAW 4~_ r` s T~ °,-'~~~' N0. 07-4685 CIVIL TERM '~>'- ~ BETSY SHERLOCK, =~~ : `~s :'~~' Defendant JURY TRIAL DEMANDED -° `,-- --- `~ ~-,~, `_-~ .~ IN RE: PRETRIAL CONFERENCE ~ ~ A pretrial conference was held on Wednesday, September 2, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Michael M. Kosik, Esquire, and present for the Defendant was Daniel K. Deardorff, Esquire. This is an auto accident case which will take two to three days to try. Plaintiffs' counsel must be in Reading to pick a jury on Thursday. Therefore, the request is that this be a lead-off case for some judge. Plaintiff has requested an admission of liability. Defendant feels that comparative negligence, as well as the Sudden Emergency Doctrine, are in issue. The parties have been directed to pre-mark all exhibits. The Defendant indicates that while she has failed to list the Plaintiff as a witness in her pretrial, she does reserve the right to call her as on cross-examination. The parties have indicated that they will enter a stipulation as to the admissibility, but not the recoverability, of the medical expenses. While settlement negotiations are ongoing, settlement is not likely. gy our , Edward E. Guido, J. Michael M. Kosik, Esquire Attorney for Plaintiffs Daniel K. Deardorff, Esquire Attorney for Defendant Prothonotary Court Administrator srs t .~ M,i ~ i ANGINO & ROVNER, P.C. Michael M. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' MOTION IN LIMINE AND NOW, comes Plaintiffs Renee and Kenneth Moose by and through their attorneys, Angino & Rovner, and hereby request This Honorable Court for an Order instructing the Defendant Betsy Sherlock, as well as her representative and witnesses, to refrain from making any mention, directly or indirectly, in any manner during voir dire, opening statements, interrogation of witnesses, objections, arguments or any manner whatsoever concerning the matters hereinafter set forth: 1. This case arises out of a two car automobile accident which occurred on Wednesday, September 21, 2005 at approximately 7:43 a.m. at the intersection of Trindle Road and Sheeley Lane in Hampden Township, Cumberland County, Pennsylvania. 2. Plaintiff Renee Moose was operating a 2005 Honda Pilot northbound on Sheeley Lane and proceeded into the intersection on a green traffic signal. 3. Defendant Betsy Sherlock failed to stop for a red traffic signal for eastbound traffic on Trindle Road and struck the left front portion of Plaintiff Renee Moose's vehicle. 4. As a result of the accident, Plaintiff Renee Moose suffered injuries to her neck, left shoulder, and left arm, eventually requiring surgery on her cervical spine for a ruptured disc and subsequent pain management. 5. Plaintiff Renee Moose has made claim for the physical injuries sustained in the accident and for medical treatment which she has been required to undergo as a result of these physical injuries. 6. For approximately ten years before the motor vehicle accident, Plaintiff Renee Moose treated with her family physician, Dr. Joseph Cincotta., for depression and had been prescribed antidepressant medications such as Prozac and Wellbutrin. 7. Plaintiff Renee Moose testified in her deposition, upon questioning by defense counsel, that her depression was worsened for a period of approximately three months following the accident and then leveled off. 8. Plaintiff Renee Moose has not made any claim for aggravation of her pre-existing depression and has not had any of her treating physicians testify concerning diagnosis or aggravation of her depression for that limited period of time following the motor vehicle accident. 9. During her deposition, defense counsel questioned Plaintiff Renee Moose concerning her prior depression diagnosis and treatment. Questioning concerning this medical condition started on page 29 of her deposition and continued through page 31 of her deposition, copies of which are attached hereto as Exhibit A. azoiia 2 10. Plaintiffs' counsel took the deposition of Plaintiff's treating family physician, Dr. Joseph Cincotta, to present his testimony to the jury. 11. Defense counsel, upon cross-examination of Dr. Cincotta, began questioning Dr. Cincotta concerning depression and financial stress that Plaintiff Renee Moose had undergone back in December of 1999, approximately five years before the accident. 12. Plaintiffs' counsel objected advising that Plaintiff was not making a claim for a psychological injury and only for a physical injury and that as far as Plaintiffs were aware, there was no doctor who was going to discuss or relate Plaintiffs prior stress or depression to injuries sustained in the motor vehicle accident. See defense counsel's question and Plaintiff s objections beginning on page 30 of Dr. Cincotta's deposition, p. 30-32, attached hereto as Exhibit B. 13. Plaintiff Renee Moose contends that any past psychological counseling or treatment, including treatment for depression and the use of antidepressant medications are irrelevant and inadmissible where Plaintiff is not making any claim for a psychological or psychiatric injury. 14. Plaintiff Renee Moose maintains that the defense cannot establish that any of her prior financial stress, depression, or depressive medications are in any way related to the claims which Plaintiff is asserting for physical injuries sustained in a motor vehicle accident, and therefore, Plaintiff maintains that any such testimony or evidence is irrelevant and inadmissible under the Pennsylvania Rules of Evidence. WHEREFORE, Plaintiffs Renee and Kenneth Moose respectfully request This Honorable Court to instruct the Defendant, Betsy Sherlock, and her representatives and counsel not to mention, refer to, interrogate or attempt to convey to the jury directly or indirectly, in any manner any of the above-mentioned facts and issues and that before making any attempt to do so, they must obtain special permission from this Court outside the presence and hearing of the jury, and to further 420114 3 instruct the Defendant and his counsel not to make any reference that this Motion has been filed and granted and to warn and caution each and everyone of their witnesses to strictly follow the same instructions. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff a2oiia 4 I.D. No. 36513 EXHIBIT A r~ _~_ RENEE MOOSE AND KENNETH MOOSE, HER HUSBAND, PLAINTIFFS V BETSY SHERLOCK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED DEPOSITION OF: RENEE MOOSE TAKEN BY: DEFENDANT BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: NOVEMBER 12, 2007, 9:54 A.M. PLACE: ANGINO & ROVNER, PC 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DANIEL DEARDORFF, ESQUIRE FOR - DEFENDANT ALSO PRESENT: BETSY SHERLOCK KENNETH MOOSE ~~. 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 '717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101 Multi-Pagen"` RENEE MOOSE NV V1/M1iKK 1l,lUU7 Page 26 1 Q 'Then did you go back to work and continue to work 2 until you hurt your knee? 3 A Yes, except for having to leave early for medical 4 appointments, therapy appointments, or if my neck bothered 5 the too much, I would ask to leave. 6 Q Have you kept track of the time that you missed 7 work because your neck was bothering you or you had an 8 appointment? 9 A I have my leave slips that I would have had for 10 the time that I used, but it doesn't -- it would not say 11 what they were for. 12 Q Now, you had mentioned that the injuries from the 13 car accident involved your neck, your left shoulder and 14 your left arm, is that right? 15 A Yes. 16 Q Okay. Before the car accident of September 21, 17 2005, had you had any problems with your neck, left 18 shoulder or left arm let's say going back ten yeazs before 19 the car accident? 20 A I had a small amount of trouble with my neck. It 21 was like at the base of my skull. 22 Q When did that occur? 23 A Years ago. 24 Q Did you treat with your doctor for those 25 problems? Page 28 ~ 1 Q Now, did your neck continue to bother you as the 2 years went by? 3 A Just every once in a great while depending on the 4 weather. 5 Q Did it bother you depending on your activities? 6 A Not that I can recall. 7 Q Now, the records that we obtained from your 8 attorney and also from Dr. Cincotta I think indicated that 9 you had seen Dr. Grabb back in -- I think it was the spring 10 of 2001, February, March 2001. Does that sound familiar? 11 A Okay, yes. 12 Q Okay. Did -- then did your neck continue to 13 bother you intermittently with the weather up to the time 14 of the accident in September 2005? 15 A At that point, it was doing better. 16 Q Did Dr. Grabb ever say what he thought the 17 problem was with your neck when you saw him back in 2001? 18 A He said be thought it was a little bit of 19 arthritis starting. 20 Q Did you do anything on an on-going basis to treat 21 the neck such as exercises, chiropractic treatment, 22 anything like that? 23 A I think he might have given me medication. 24 Q Any special exercises? 25 A Not that I remember. Page 27 1 A I went to Dr. Cincotta. 2 Q What kind of treatment did you receive from Dr. 3 Cincotta? 4 A Medication. I am -- I am trying to think if that 5 was one of the times he sent me for therapy, possibly 6 therapy. 7 Q Did you miss any work because of the trouble with 8 your neck at that time? 9 A No. 10 Q Did you see a specialist at all? 11 A Yes. 12 Q Who did you see? 13 A I can't remember his name at this time. 14 Q Okay. Does Dr. Grabb sound familiar? 15 A Yes. Yes. 16 Q Was he an orthopedist at Orthopedic Institute? 17 A Yes. 18 Q What office did you go to, Camp Hill, or I think x,19 they have an office in Hershey or -- 20 A Camp Hill. 21 Q How many times did you see Dr. Grabb for your 22 neck problem? 23 A Four, five. 24 Q And did you have diagnostic studies? 25 A Yes. Page 29 1 Q Now, your job with -- where you are working now, 2 had your attendance been fairly good up to the time of this 3 caz accident in September 2005? 4 A Yes, it was excellent. 5 Q So you didn't have any other health problems that 6 took you out of work for a week here or week there? 7 A No. 8 Q Now, the records that we got -- or you have 9 indicated in today's deposition that you are taking Prozac ] 0 and Wellbutrin, and you had taken those before the car 11 accident? 12 A Yes. 13 Q That was for depression then? 14 A Yes. 15 Q How -- when did you start having your depression 16 problems? 17 A I have had them for years and years. 18 Q Okay. Can you -- more than ten years ago? 19 I am just trying to like estimate how long that 20 you have been taking the Prozac and Wellbutrin for your 21 depression. 22 A Nine, ten yeazs. 23 Q About the ten years? 24 A Yes. 25 Q Did you have any counseling for that before the Page 26 -Page 29 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 RENEE MOOSE N[)VFMRRR 12. 2007 Multi-Page~`•'°` Page 30 1 car accident? 2 A No. 3 Q You are seeing Dr. Cincotta for that? 4 A Yeas. 5 Q And was there anything specific that you thought 6 was relata~d to your depression problem, or was it just 7 something that just came on? 8 A Something that came on because of the divorce and 9 a lot of stress through that time. 10 Q Naw, is the amount of medication that you are 11 taking for your depression, the amount that you are taking 12 now, is it the same as the amount that you took before? 13 A Yes. 14 Q Would you say that depression has basically 15 stayed the same before the accident as it was after the 16 accident? 17 A Right after the accident, I got in and I had 18 gotten a little bit worse. 19 Q Has that dropped though? 20 A No, it's evened out again. 21 Q It's down you say? 22 A It's -- yes, it's evened out. 23 Q So sometimes you talk about that as a plateau. 24 So you were at a certain level before the caz accident, 25 then it went up? Page 31 1 A Yes. 2 Q Then it's gone back to that same level? 3 A Yes. 4 Q How long did it take before it dropped back to 5 the previous level before the accident? 6 A Before the accident? 7 Q Yes. We have talked about you having depression 8 for yeazs and taking medications before the accident? 9 A Uh-huh. 10 Q Then you testified that the accident at this time 11 went -- the depression went up? 12 A Right. 13 Q Then you said now it's been -- it's evened out, 14 Correct? 15 A Right. 16 Q So how long had it gone up before it went back 17 down and evened out? 18 A Several months. 19 Q By several months, do you mean like five or six 20 months or -- 21 A I' d say three. 22 Q Now, the -- you have testified about your 23 injuries from the car accident, and the car accident was in 24 September of 2005. And your attorney and I have your 25 records since the accident so we know that you have -- you Page 32 1 went to Dr. Cincotta and we know that you went for therapy. 2 But if you, in your own words, could tell me your treatment 3 for your neck and your shoulder problem since the accident, 4 just in your own words. 5 A I have been through a lot of different things. 6 Some I can't probably even remember. I have had physical 7 therapy it seems like forever. I have it, then it stops, 8 then I restart again. I went to the pain management clinic 9 and they had given me a shot in my neck. l0 Q Is that the Prism? 11 A Yes. 12 Q Now, when did you start going to Prism where you 13 got those shots that you were talking about? 14 A When I went in for my last check-up with Dr. 15 Powers, he said I did my part, now I am sending you to 16 Prism to deal with the pain. 7 Q Dr. Powers is the doctor who did surgery? 18 A Yes. 19 Q He did that in January 2007? 20 A Yes. 21 Q Did Dr. Powers ever say why you needed the 22 surgery on your neck? 23 A My spinal cord was being compressed by vertebras, 24 disks. 25 Q Did he give you any cause for that problem with Page 33 1 your spinal cord? Did he say anything about the car 2 accident, for example? 3 A Yes, he said it like twisted me all around and it 4 moved some things to the right and my spinal cord was 5 swelling and it continued to swell and the pain that I was 6 getting and the severity that it was was because I -- it 7 had no where to go. 8 Q Now, did he ever talk about the arthritis that 4 you had that occurred before the -- or that had become 10 apparent before the car accident? 11 A Briefly. 12 Q What did he say about the arthritis? 13 A That he noticed it on my medical records, but 14 that little bit of arthritis that I have would not have 15 presented these symptoms. 16 Q Did you tell Dr. Powers about your fall at work 17 where you hurt your knee? 18 A Yes, he knew about that. 19 Q Did he think that had any -- played any part in 20 your requiring the surgery on your neck? 21 A Not that I recall. 22 Q Now, the surgery on your neck I think that you 23 said was in January of 2007? 24 A Yes. 25 Q That was about a year and a half after the car Page 30 -Page 33 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 EXHIBIT B ~~RIGI~IgI RENEE MOOSE AND KENNETH IN THE COURT OF COMMON PLEAS MOOSE, HER HUSBAND, CUMBERLAND COUNTY, PLAINTIFFS PENNSYLVANIA V (BETSY SHERLOCK, DEFENDANTS VIDEO DEPOSITION OF TAKEN BY: CIVIL ACTION - LAW NO. 07-4685 JURY TRIAL DEMANDED JOSEPH A. CINCOTTA, M.D. PLAINTIFFS BEFORE: BOBBI JO HAHN, RPR NOTARY PUBLIC DATE: FEBRUARY 19, 2009 8:12 A.M. PLACE: 2140 FISHER ROAD MECHANICSBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, P.C. BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARTSON, DEARDORFF, WILLIAMS & OTTO BY: DANIEL K. DEARDORFF, ESQUIRE FOR - DEFENDANT ALSO PRESENT: MARK SEIFFERT, VIDEOGRAPHER ,. , ~~ . 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101 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 30 when we were talking about her -- I was discussing with her her smoking and addressing possibly some intervention to try to get her to quit; and she made a comment that her -- yes, sir, her stress was too high. Q And then moving to December of 1999, she came in to see you about depression at that point, December 23, 1999? A Yes, sir, I have a note from December 23, 11999 . Q And didn't she discuss stress and some financial problems at that time? MR. KOSIK: Objection. THE VIDEOGRAPHER: We're off the video record. The time is 8:49 a.m.. MR. KOSIK: Dan, I'm not sure where you're going with this. I mean no claim is being made for any psychological injury. This is a physical injury. And 'I know you're having her examined by Dr. Van Sant, but I don't think Dr. Van Sant is a psychologist or psychiatrist where he would be able to adequately address issues relating to stress or depression. So I'm concerned that you're going to get into an area or are in an area that has no relationship to physical injuries sustained in this accident. And you'll have no basis on which to support that at 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 31 trial. So I`m going to object to any further questioning concerning that. MR. DEARDORFF: In response, I think she's alleging pain and suffering and that this has affected her life and it affected her on the job. And I think I have a right to bring out that prior to the accident she did have stress in her life, had -- the stress had some impact on her life and her job and -- and family and so forth. So I think it`s relevant, but you have your objection. And if -- if your objection is sustained, these questions and answers will be stricken. MR. KOSIK: All right. Well, I think -- MR. DEARDORFF: I just have a few more. MR. KOSIK: I think the law is though if you want to make that an issue beyond the normal stress associated with pain and suffering you need to have medical proof, and you haven't asked for an examination which would lead to that medical proof. And that's why I am objecting to the questions. MR. DEARDORFF: Well, I don't think I have to come in with medical proof. I think if her doctor says she had depression before the accident due and she was having stress on the job and stress with her husband and stress in general I -- I think I have a right to 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 32 ing that out through his testimony; and you have your jection. MR. KOSIK: I disagree with you; but I'll -- I'll ask for a continuing objection. MR. DEARDORFF: You may have a continuing objection. And Doctor, that's -- THE WITNESS: Can I just step out and go to the bathroom before you go back on? (Break taken . ) THE VIDEOGRAPHER: We're back on the video record. The time is 8:53 a.m.. BY MR. DEARDORFF: Q Dr. Cincotta, I think I was asking you about whether she reported to you when she came in to see you in December of 1999 that she was having some financial stress as well, December 23, 1999. A Yes, sir. Q And she did? A Yes, sir, she does mention that in the -- in the note. Q And through the next couple years she would come in to see you and -- and be under stress and cry and so on and so forth, correct? A I -- I did see her during that interval on several occasions for depression, yes, sir. CERTIFICATE OF SERVICE AND NOW, this ~ of September 2009 I, Michael E. Kosik, Esquire do hereby certify that I have served a true and correct copy of the PLAINTIFFS' MOTION IN LIMINE as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Michael E. Kosik, Esquire 420114 5 €~~F THE..=' ~ ~ :". y.~~",~~"~' 2G~~ ~~' 1 u ~' %~ i; U V lrlY ~i~~'i'\f kJr . `µ~ _. ~ r 4 j t i y RENEE MOOSE and KENNETH MOOSE, Plaintiffs V. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007 - 4685 CIVIL TERM CIVIL ACTION -JURY TRIAL VERDICT QUESTION # 1 DO YOU FIND THAT DEFENDANT WAS NEGLIGENT? YES NO IF YOU ANSWER QUESTION 1 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTION AND SHOULD RETURN TO THE COURTROOM. QUESTION # 2 WAS DEFENDANT' S NEGLIGENCE A FACTUAL CAUSE IN BRINGING ABOUT HARM TO PLAINTIFF RENEE MOOSE? YES V NO IF YOU ANSWER QUESTION 2 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS AND SHOULD RETURN TO THE COURTROOM. ` r QUESTION # 3 STATE THE TOTAL AMOUNT OF DAMAGES YOU FIND PLAINTIFF RENEE MOOSE SUSTAINED OR WILL SUSTAIN AS A RESULT OF DEFENDANT' S NEGLIGENCE. j (a.) PAST MEDICAL EXPENSE $ 15 I a ~ a (b.) FUTURE MEDICAL EXPENSE $ (c.) PAST LOST WAGES $ I 0 d • c4 ~ (d.) NON-ECONOMIC LOSS $ a (~ ~~ZO , o ~: QUESTION # 4 ToT~. ~ 3~~ I STATE THE TOTAL AMOUNT OF DAMAGES SUSTAINED BY PLAINTIFF KENNETH MOOSE IN CONNECTION WITH THE LOSS OF CONSORTIUM CLAIM. DAB 9 a 3 0 TOTAL $ .___ ~~uin YGn fls 9~ FOREPERSO ~tm~ m o awe ~ S .s ~ pr` I oC j~ l v U ~ d ~ ^ ~ ~0 8 S- ~~ U-~ ~ '~-e ~' Y~ ~~.l9S~io~S I~ l~ c~~P ~ 2 , ire ~e ~d~n~ ~ ~ecel~e. an~~ mom `~J~1~~br~ od1~~ -(~a~ ~(~ f l ~ f~-~ -~te~r MI~lIInuWI awards for ~~me o f~ atnd medccQ~ . ~' , In the Court of Commons Pleas of Cumberland County, PA., It F,.~EE MOOSE AND KENNETH MOOSE Docket No. 2007-0685 CIVIL Judge: GUIDO 83~;"I'SY SHERLOCK ~+'n r,~ L /~ Attorney: ! I I I ~~L-~ C. - ~~f/,,f l ~C.. Attorney: ~~~~~~r~~ ~ Date: JURORS ~~~~~ _ Juror # NAMES OF JURORS CALLED CAUSE P D ~ IIINIIIINININII~InINNNIIIiIIIN SEP21-269 YANTIS, KEVIN R ~ ~ iIIIIUIININ111NIIINNIIIINIINIiII _ - - ----- ~ SEP21-419 LARSEN, KRISTIAN S i IIIIIN!INININIlIhIIMIII~111N1lII SEP21-429 MILBRAND, KENDRA L `~ I VIII! IINI WN III III ~Ia Na IIN SEP21-238 SEIDEL, KAREN M 9 e d 5 I HNN IIW t~l ~ NNE NiN NII IIII SEP21-316 SIDERIS, BARBARA E o ~ illNNIINIIINIII~II~II~INHI~II --- SEP21-115 BARRICK, JULIE D ~ I!IIIIIIfINNINi~iNi1111YINllllll SEP21-193 SARNOSKI, HELEN A ~ illllillll1111111HIIIIINIIIIIIINI1111 SEP21-333 ~.Z ~ iIINNIIWNiNINIIiIIMIi~INNNII SEP21-124 MCCLINTOCK, DEBORAH r ~ F~ IiWlNlllfIIIINNIIIIIIIIIIIIIIIIIIIII SEP21-342 TN ro ~ T^R J ~,~ _---- ---- --- - P-~ ~ IIIlilll SEP21-43 ___ ---- --- I I - _------ ~ i i 1 ~ III ~ i ~ _ P 17 I!INNIINIIItNNININNiININNIIII SEP21-282 BROWN, TRUDY E s 1 K iIINNII~I11111NNIIHIINIIIIIIIII SEP21-386 ----- GARRETT, DAVID M 19 1IINIIIINIiINIIIINIIIIIII~IItNllll i SEP21-251 GRUVER, WILLIAM L 2~ IIIIINIIINIINININNINIIMIIINHII ~ SEP21-111 -}_- ~ EP WINEMAN,LINDA K , AU p.~ I ~~ ~ ' w A ~ RF:~EE MOOSE AND KENNETH MOOSE In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2007-0685 CIVIL 'i Judge: GUIDO !' ---- V S ---- BETSY SHERLOCK Attorney: ~l/'//QX~t /G~rl,~[.~ Attorney: ,~LX~rI'~~/~'T~" Date: ~~~1 ~~ JURORS tio Juror # NAMES OF JURORS CALLED CAUSE P D . 23 IIIYIIIIYIYIYIINIIIYIiIYIYIINI SEP21-144 PHARO, GEORGE J 24 IItUNiIYIIIIaq~lUlYYlllillll SEP21-200 WOODROW, BETH A 2S IINIYIINIItNIhIIIIYIIIIIIIIIIIIIII SEP21-385 BEDRIN, SHARON A 2 fl I IIYY IINI IIIII YIY IIIII IIIII IIII IIII SEP21 417 BAUM, PAUL E 2 7 I IIIIY IfNI IIIII YIII IIIII IIIII IIII IIII SEP21-3 CHERRY, MI AEL D ZH IINIIIIIYIIIYIIIllllilllllllllllllll SEP21-312 BAER„ JR ONALD E - ------ --- --t 29 IIIYIIIIiIIIIIYIINIIIYIIIIIIIIIIIIII ---- SEP21-148 EC , RICHARD A ~0 IIIYIIIINIYIIIYIIIIIIIIIIIIIIIIIIIII SEP21-260 O S, PERRY D ~~ 31 IfIYIIIINIIYIIIIYIIf>YYIIIYIIIII SEP21-152 NGER, BRUCE E . .~2 IIIYIIIIIIIIINIIIYIIIIIIIIYIIIIIIIIi SEP21-151 CLAN ,DIANNE B 3 IIEHYII~YINIiIIiIYiIIIIYIIIIIIII SEP21-127 ANSELM MATTHEW J 34 IIIYII!INIINIIIIIIIIIIIIIIIIiilllllll SEP21-1 4 HOOVER, R BERT L , 35 I!tYIiIIIIIIIYIYIIIIIIIIIIIIIIIIIIIII SEP21- 91 MARKEY, TIF Y M ~ ' ___ ,~fi IIIHYIIYIYIIIIINIIIIIIIIYIIYIIII SEP21-424 BURKE, BARBRA E 37 IIIYIIIINIIINIIIIIIYIIIIYIillllllll SEP21-381 STITT, KANDY K n ~g IIIYYIIYIIYIIIINIIIIIIINIIIIIIIII SEP21-171 TREGO, JAMES T ~ 11iIlY IINI HIII YIY IIIII IIIII IIY IIII SEP21-403 MAULDIN, WILLIAM R _ _ __-- 4 ~ I IlYll IIW IYN IYN IIII iIIH YII IIII SEP21-338 GROUSE, CHRISTOPHER R __ _ -- 41 I 42 __ _ -_-- '43 II 44 • r~ ~ ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. BETSY SHERLOCK, Defendant CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR TAXATION OF EXPENSES AND ATTORNEY' S FEES AS COSTS FOR DEFENDANT' S UNJUSTIFIED REFUSALS TO ADMIT Plaintiffs Renee Moose and Kenneth Moose, her husband, by and through their counsel, Angino & Rovner, P.C., move this Court for an Order taxing expenses and attorney's fees in their favor against Defendant Betsy Sherlock pursuant to Pa.R.C.P. 4019(d), averring as follows in support of their Motion.: 1. This case was the subject of a jury trial before Judge Edward Guido between September 21-23, 2009 and no other Cumberland County Court Judge has made any other rulings in this case. 2. On November 12, 2007 Defendant Betsy Sherlock was deposed at which time her testimony suggested that she was unable to see the traffic signal at the intersection of Trindle Road 421008 and Sheeley Lane due to the bright sun. See relevant portion of Defendant Sherlock's deposition attached hereto as Exhibit A. 3. On January 7, 2008, Plaintiffs served on Defendant Sherlock Request for Admissions of certain facts pursuant to Pennsylvania Rule of Civil Procedure 4014 in an effort to conclusively establish that given the position of the sun on the morning of the accident the sun could not have been a factor as claimed by the Defendant. See Plaintiffs' Request for Admissions attached hereto as Exhibit B. 4. Plaintiff s Request for Admission was designed to reduce the trial time and expense by facilitating proof through the elimination of irrelevant issues. 5. Defendant Betsy Sherlock although admitting some of Plaintiff's Request for Admissions essentially denied the admissions relevant to the issue of sunlight and her glasses necessitating Plaintiffs calling witnesses to establish Defendant's liability at trial. See Defendant's Answers to Request for Admissions attached as Exhibit C. 6. Plaintiff was forced to call Officer Spangler to establish the basic facts of the accident and to confirm that Defendant had not notified him of any problem with her eyeglasses. See police accident report attached hereto as Exhibit D which is consistent with his trial testimony. ?. Plaintiff also called one of the eyewitnesses identified in the police accident report, Andrew Rodemaker, in order to verify that, in fact, Plaintiff Renee Moose had a green traffic signal and that the traffic signal was not malfunctioning. See Andrew Rodemaker's statement attached as Exhibit E which is consistent with his trial testimony. 8. Finally, Plaintiffs were required to present the testimony of the Pennsylvania Department of Transportation District 8-0 traffic engineer, Jason Bewley, P.E., to explain to the jury that in spite of Defendant Sherlock's claim that she had last seen a green light and never saw a 421008 change in the light, Defendant would have more than sufficient time and distance to react and stop before proceeding through the intersection on a red light. 9. The effect of the three witnesses called at trial were to establish; (a) Plaintiff Renee Moose had the green traffic signal in her favor at the time that she entered the intersection; (b) Defendant Sherlock had a red traffic signal; (c) Defendant Sherlock would not have had a green traffic signal for a minimum of 5.4 seconds before the accident, and likely much longer given the fact that Plaintiff Renee Moose still would have had to accelerate into the intersection and that the traffic signal for the turning traffic traveling in the opposite direction may have also had a green arrow; and (d) Defendant was at least 225 feet away if she was traveling 30 miles an hour (5.4 sec. x 45 ft./sec. = 243 ft) and 324 feet away if she was traveling the posted speed limit of 40 miles per hour when the green signal ended in her direction of travel. (5.4 sec. x 60 ftlsec. = 324 ft.) 10. The jury determined that the Defendant was negligent as reflected by the jury's verdict sheet attached hereto as Exhibit F. 11. Plaintiff seeks to recover for the costs and attorney's fees of having to establish these facts which should not have been in contention. Officer Jeffrey Spangler subpoena charge and witness fee $ 3.00 invoice from Hampden Township $168.06 Attorney time for trial prep and testimony (1.5 hours) $600.00 Andrew Rodemaker subpoena charge and witness fee $ 10.00 letter and e-mail with hourly rate $ 85.00 Attorney time for trial prep and testimony (1.5 hours) $600.00 James Bewley, P.E. subpoena charge $ 3.00 (witness fee waived) Reproduction and scanning of 421008 Traffic Signal Phasing Diagram $ 10.83 Attorney time for trial prep and testimony (1.5 hours) $600.00 Invoices for these expenses are attached as Exhibit G. 12. Plaintiffs attorney, Michael E. Kosik, Esquire, normally works on a contingency fee, however, an hourly rate of $400 is set in the Power of Attorney entered into with the Plaintiffs Renee and Kenneth Moose. See Plaintiff's Power of Attorney with Angino & Rovner, P.C. attached as Exhibit H. 13. On March 18, 2009, Defendant Betsy Sherlock's counsel had Plaintiff Renee Moose evaluated by Dr. Alan Van Sant who prepared a report which is attached hereto as Exhibit I. 14. One of the contentions of Dr. Van Sant in his report is that Plaintiff Renee Moose aggravated her neck injury from the motor vehicle accident or sustained a separate injury at her fall at work on May 16, 2006 and that her subsequent surgery on January 22, 2007 by Dr. Powers was related to the fall and not the motor vehicle accident. 15. Plaintiff Renee Moose maintained that there was no factual basis in the medical records to support Defendant's argument and therefore submitted a second set of Request for Admissions on Defendant Sherlock on June 16, 2009 in order to establish that Plaintiff Renee Moose's fall at work was totally unrelated to any injuries or damages claimed in the motor vehicle accident. See Request for Admissions attached hereto as Exhibit J. 16. Plaintiff established through the medical records that Plaintiff Renee Moose had a persistent and ongoing problem with her left posterior neck, left shoulder, and symptoms radiating down her left arm which had gone unresponsive through her appointment with her family physician, Dr. Cincotta, on May 9, 2006. azioos 17. Plaintiff established through the Request for Admissions that Plaintiff had undergone an MRI on May 11, 2006 which established changes in Plaintiff's neck from previous studies, including x-rays and MRIs both taken years before the motor vehicle accident and shortly after the motor vehicle accident to confirm the changes directly related to the motor vehicle accident and before Plaintiff s fall on May 16, 2009. 18. Dr. Cincotta testified that Plaintiff Renee Moose had been referred for an epidural injection on the morning of her fall, May 16, 2009 and Plaintiffs established that the course of treatment that Plaintiff Renee Moose ultimately underwent, including an EMG and evaluation by Dr. Pahapill in August 2006 had been put in place before her fall. 19. Although Plaintiff could have accepted Defendant's contesting causation of Plaintiff s neck injury based upon her preaccident condition, Plaintiffs maintained that there was absolutely no basis to allege an aggravation or new injury to the left neck, shoulder or left arm as a result of the fall at work on May 16, 2006. 20. Plaintiff supplied Defendant's counsel with complete copies of Plaintiff's work- related accident records, including EMS records, hospital records, therapy records, and outpatient orthopedic records which established that Plaintiff at no point following her fall on May 16, 2006 ever voiced a complaint indicating an injury to any other part of her body other than her left knee as a result of the fall. 21. Defendant Betsy Sherlock's defense medical witness's argument was solely based upon an interpretation of a medical report from Dr. Powers to Dr. Cincotta dated December 13, 2006 which made reference to the work-related injury but did not specifically relate Plaintiff's neck injury to the work-related injury. Plaintiffs maintained that the reference was merely a historical reference in the medical history. azioos 22. Defendant's counsel and Dr. Van Sant ignored other medical records from Pennsylvania Neurosurgery & Neuroscience Institute (PNNI) which confirmed that the surgery on January 22, 2007 was as a result of the injuries sustained by Plaintiff Renee Moose in the motor vehicle accident on September 21, 2005. 23. Plaintiff s Request for Admissions were filed in an effort to clarify the causation issue since there was no factual basis to claim that Plaintiff injured her neck or aggravated the injury to her neck as a result of the work-related injury on May 16, 2007. 24. Defendant's Answer to Plaintiffs' Request for Admissions are essentially denials of the facts contained in the medical records. See Defendant's denials attached hereto as Exhibit K. 25. As a result, Plaintiff was forced to take the deposition of Dr. John Rychak to establish that there was no reference in the medical records for Plaintiffs work-related injury, beginning at the EMS trip sheet at Plaintiff s place of employment through the conclusion of his treatment in January 2007 which made reference to a neck injury or aggravation of apre-existing neck injury in Plaintiff Renee Moose. 26. Plaintiff's incurred costs of $1,600 in deposing Dr. Rychak. A copy of the check stub for prepayment of his deposition is attached hereto as Exhibit L. 27. Plaintiffs also incurred transcript costs of $409.10 attached as Exhibit M. 28. Plaintiff incurred attorney's fees for deposition preparation and taking the deposition as follows: Preparation time 2 hours Driving and deposition time 2 hours Re-reading the deposition at trial 1 hour TOTAL 5 hours a2ioos 29. Plaintiff s counsel, Michael E. Kosik, requests $2,000 for attorney's fees associated with taking the preparing Dr. Rychak's testimony. 30. The facts covered in both of Plaintiffs' Request for Admissions were not objectionable pursuant to Pa.R.C.P. 4016. 31. The facts covered in both Plaintiffs' Request for Admissions were of substantial importance due to the Defendant's contentions on liability and Plaintiff's injury. 32. Defendant Sherlock had no reasonable basis for failing to admit the facts which were the subject of Plaintiff's two Request for Admissions as the facts contained in the Request for Admissions could not be disputed based upon the documents supplied with the Request for Admissions. 33. Defendant Sherlock had no good reason for not admitting the undisputed facts and forcing Plaintiffs to subpoena or call witnesses at trial to prove these facts. WHEREFORE, Plaintiffs Renee and Kenneth Moose requests that Your Honorable Court to award costs and attorney's fees against the Defendant Betsy Sherlock as a sanction for failing to admit facts which should not have been in dispute and which Plaintiffs were forced to establish at trial. P.C. Mic~iael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791- phone (717) 238-5610 -fax mkosik@angino-rovner.com Attorney for Plaintiffs Date: 10/1 /09 a2ioos EXHIBIT A r r. RENEE MOOSE AND KENNETH IN THE COURT OF COMMON PLEAS MOOSE, HER HUSBAND, CUMBERLAND COUNTY, PLAINTIFFS PENNSYLVANIA CIVIL ACTION - LAW V NO. 07-4685 CIVIL TERM BETSY SHERLOCK, . DEFENDANT JURY TRIAL DEMANDED DEPOSITION OF: BETSY SHERLOCK TAKEN BY: PLAINTIFFS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: NOVEMBER 12, 2007, 11:23 A.M. PLACE: ANGINO & ROVNER, PC 4503 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARTSON, D_EARDORFF, WSLLIAMS & OTTO BY: DANIEL DEARDORFF, ESQUIRE FOR - DEFENDANT ALSO PRESENT: RENEE MOOSE KENNETH MOOSE .~ : ~lt~ 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101 s ~ 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 Q How far out of town are you? A Quarter of a mile, eighth of a mile, just beyond Keefers Grocery Store. Q I think right beyond there is where the overpass is for the turnpike? A No, that's a good ways up. Q Okay. A That's a lot further up than what I am. Q I remember a grocery store being located there, that's the one I thought. Now I know which one you are talking about. A It's closer to town. Q Where Simpson Ferry actually merges with -- A That's correct, that's correct. Q The police report doesn't indicate what day of the week this was. Do you recall what day it was? A Why do you think it was Wednesday? I couldn't be sure, but I think somewhere when we looked at a calendar, it was Wednesday. Q Okay. Why don't you tell me what you recall of the events leading up to the accident. A I was just traveling to work as I always do down Trindle Road. I did have glasses on that were a new thing in my life after 53 years without any. I was having trouble getting used to the glasses. They were what was 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 10 called a progressive Tense. There is a spot when you look to the left and to the right or up and down that is blurry because of the blending of the two kinds of lenses. I was having difficulty using them. I had called the eye doctor and told him that I was having difficulty using them, and I was told be patient, it does take time. Coworkers told me that it takes time. And I had the glasses on as I was told to do when I drive for distances. And I came upon the intersection. The light had been red. And I looked, and when I moved my eyes right or left, I hit that blurry section of that Tense, and it was red and/or it was blurry, the sun was on it. It was very difficult to see. MR. DEARDORFF: I think she might have said something that she didn't mean. Could we have her read the answer back? MR. KOSIK: That's fine. (Answer read) . THE WITNESS: I am sorry, I am sorry. MR. DEARDORFF: Off the record. (Discussion held off the record.) BY MR. KOSIK: Q Mrs. Sherlock, after you had given me a description of the events leading up to the accident, your attorney indicated that he thought that you may have made a misstatement. The court reporter read back your answer. 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 11 Is there anything that you wanted to correct about that answer? A Yes, I do. The light as I approached was green. Q Okay. A I am sorry. 4 Okay. You said that you had new glasses. When were these glasses prescribed for you? A About two weeks prior to the accident. 4 Okay. What doctor did you go to? A Dr. Seber in Camp Hill. 4 If I understood you correctly, you never had glasses before? A Never. Q You didn't have glasses to read? A No. Q You didn't have glasses to drive a car to see distance? A No. 4 Okay. But what you are describing is that you were prescribed glasses that would both allow you to read close up as well as see distances? A That's correct. 4 So I am assuming that you were having problems doing both? A That's correct. 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 12 Q Okay. So instead of going through a pair of glasses, and most people either need them to read close or to see distances, you went right into essentially a bifocal? A It was not a bifocal, it was a progressive Tense. I currently have a bifocal, which is fine. Q Okay. My understanding -- as a matter of fact, the glasses that I have on are exactly what you described, but essentially a bifocal where there is no line between the prescriptions, it changes from one prescription to the next, but you only had two prescriptions in those glasses that you initially had at the time of the accident? A That's correct, what I understand from the eye doctor. Q Okay. And this was your first set of glasses ever? A That's correct. Q When you were prescribed the glasses, the doctor actually did not make up the glasses, you went to another vendor for the glasses? A That's correct. Q Than was Lenscrafters, I understand correctly? A That's correct. Q Okay. When was it that you actually physically picked up the glasses before this accident? 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 13 A I couldn't give you a definite date on that. I would say a week, a little over a week. Q Okay. Because you had mentioned two weeks as far as the eye doctor. I didn't know if that was -- A It takes about a week until the prescription was ready at the Lenscrafters. Q So you think that it would have been sometime within that time period that you would have picked up the glasses and first started using them? A To the best of my knowledge. Q Okay. Now, in addition to the glasses being a progressive glass, was there any prescription given to you for shading of the glass so that it would be like sunglasses? A There is a trans -- I don't know an exact term. There is a shading in them as well, yes. Q Okay. Does that shading change depending on the lights? A It does, but it does not do that in the vehicle because of the sunblock on the windshield and on the windows. Q So your vehicle, as with most new vehicles, does have a shading on the windows, especially the windshield for the sun at the top? A I assume it's a standard. We didn't get any 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 14 extra package for tinting on windows. Q Okay. Now, how many days had you driven with the glasses on before the accident? A Probably that week, that week after I picked them up is when I had used them. Q How bad was your vision without the glasses? A I wasn't -- I am not the eye doctor, I can't tell you how bad it was. I did have trouble seeing distances. Q And that was the reason that you went into the doctor? A That's correct. Q Okay. But if you had taken your glasses off, would you have still be able to feel comfortable driving? A I was told to use them, so I did. Q I understand that there is an adjustment period which you described, but would you have felt capable of operating a motor vehicle without the glasses? MR. DEARDORFF: I will object on the basis that I think it's been asked and answered. But I think she said I was told to use the glasses and I did in response to the first time that you asked that same question. BY MR. KOSIK: Q I understand that. I am just asking her if she would have felt comfortable, not what the doctor told you, but would you have felt capable of operating your car 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 15 without the glasses? A I really don't know since I hadn't not used them since the time that I got them. 4 Well, between the time that you -- that the doctor prescribed them and you picked them up, I assume that you continued driving your car? A That's correct. 4 Okay. And it was after you got the glasses that you started using them? A Correct. 4 Okay. That morning, did you feel any need to use sunglasses as you traveled east on Trindle Road? A No, I just put the glasses on that I was told to use when I drove. Q Okay. Before having these glasses prescribed, did you use sunglasses when you drove to work? A Sometimes yes, sometimes no. Q Was that a particular problem on Trindle Road? A It was sunny. It was a sunny day. 4 And did that prevent you from safely operating the car? A It was a factor in that when I shifted my eyes and hit the blurry section, that it also effected my vision on the light. 4 Do you know what the speed limit is on Trindle EXHIBIT B arGIVO S ROVER, P.C. Michael F,. hosik. Esquire :~ttorne~ IDT : ~6~1 -4 X03 \orth Front Stmt 1-larrisburc. P:\ l~1lt)-!?i)3 t ~ I') 3,3-G"'91 :~ttorne~s for Plaintit1l~) E-mail: mkosikuangino-ru~ncr.com RENEE ~100SE and KENNETH MOOSE, Her Husband, Plaintiffs N THE COURT OF COMI~tON PLEAS CUMBERLAND COUNTY, PENNA. v. BE 'S ~' SHERiOC%L. Defendant CIVIL ACTION -LAW NO. 07-4685 CIVIL TER~~1 JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT PURSUANT TO Pa.R.C.P. 4014 TO: Defendant Betsy Sherlock and her counsel Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Please take notice that you are hereby required, p«rsuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: The facts and occurrences hereinafter related tnc,k plarP on.~~~P,J,_esda•:- ~~ September 21, 2005, at approximately 7:43 a.m. at the intersection of Trindle Road and Sheely Lane in Hampden Township, Cumberland County, Pennsylvania. .Admit Deny - ~ -~,~, ,i ~. ?. At the time of the accident Betsy Sherlock was traveling from Mechanicsburg to~~-ands Camp Hill, Pe1111S} l~'Allla 111 a generally northeasterly direction oil Trindle Road. Ad1111t Deny 3. The compass heading for a person traveling east on Trindle Road in the 500 feet before the intersection with Sheely Lane would be approximately (+2°) 64° from true north. See map attached hereto as Exhibit A with compass heading marked on map. Admit Deny 4. On September 21, 2005 at approximately 7:40 a.m., the sure would have been located 106° east of north (azimuth) and an altitude of 19-20° above the horizon. See table from Astronomical Applications Dept., U.S. Navel Observatory attached hereto as Exhibit B and Sun, 141oon, and Earth Applet attached hereto as Exhibit C. Admit Deny 5. On September 21, 2005 at approximately 7:40 a.m., the sun would not have been on the horizon directly in front of an eastbound motorist on Trindle Road in the 500 feet leading up to the intersection with Sheely Lane and would have been approximately 40° to the right (east) of an eastbound motorist at this iocatlon. Admit Deny ,I '~ 'I ,~ 6. Do you admit that the sun ~~~ould not have been in the direct line of sight for an ' eastbound motorist on Trindle road at the time and location of the accident'? Admit Deny 7. The intersection of Trindle Road and Sheely Lane is controlled by a traffic signal. .Admit Deny 8. Defendant Betsy Sherlock has been traveling through the intersection of Trindle Road and Sheely Lane for the past seventeen years and was familiar with the roadway and intersection. Admit Deny 9. Do you admit that you failed to stop and yield the right-of--way at the traffic control signal at the intersection of Trindle Road and Sheely Lane? Admit Deny 10. f`o you admit that tl,or~ vas no glare behind or on the traffic signal at the intersection of Trindle Road and Sheely Lane? Admit Deny i ~I -, ;~?,; 'I ,~ I! i j 11. Do you admit that you ~r~ere drivin, on the day of the accident ~~-ith new progressi~•e tense ;lasses which you had for approximately one ~~~tck. (Sherlock Depo. p. 1=1, I ~ lines ?) Admit Deny 12. Do you admit that before receiving your new glasses, you had always operated your car without using corrective lenses? (Sherlock Depo. p. l 1, lines 11-13 and p. 15, line 4-7) Admit Deny 13. Do you admit that after the accident you discontinued to use the progressive Tense glasses and drove your car without glasses for a period of time? (Sherlock Depo. p. 30, line 2- 11) Admit Deny 14. Do you admit that the progressive lenses in your eye glasses would have affected less than half of the upper part of the tense? Admit Deny 15. Do you admit that as you approached the Light, you physically had to look up at the light? (Sherlock Depo. p. 18, lines 5-16) ~~dmit Deny i ,~ ,i i ,! ;~r, 4 ~; a ~I ~ yl ,,~ 16. Do you admit that as you approached the traffic signal, you would have been viewing it through the upper half of your tense. especially as you get within 1 UO feet of the intersection`? Admit Deny 17. Do you admit that even if your progressive lenses causing blurred vision this would not affect the color of the traffic signal'? Admit Deny 18, Do you admit that the alleged blurred vision caused by your progressive lenses affected your ability to see for a long distance as you approached the intersection of Trindle Road and Sheely Lane? Adrnit Deny 19. Do you admit that if you could not see the traffic signal controlling Trindle Road and Sheely Lane or the color of the light, you had a duty to slow and stop under the assured clear distance ahead rule? Admit Deny 24. Do you admit that Sheely Lane had a green light at the time of the incident? Admit Deny ,+ I •-,?~,r, h i~ ,~ i J I j -' 1 • Do you admit that at the time you entered the intersection on the da • of th '~ y e accident you had a red light? (Sherlock Depo. p. 3?, lines 19-? 1) it .~dllllt i Den} ??• Do you admit that Plaintiff Renee I~loose is in no way responsible for this incident'? Admit f~ II ,~I :~~ 'f I iI I ~I Deny I.D. No. 36513v~11 X503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs -.s ~.~ W75` 59.;x' W ~ ~~ 59, Street Atlas USAF 2pp7 W76 i 58.5' Naval Inventory and ~, M e- O 'C1' Z 641 /~pR FE;~ROW .~ ~~„~... = z r E- ~~ LE O~ PPP coo~ER ,~ ~~2 ~~ ETON PL ~ ~ c 3~ Orcf~ard C Est Q' ~~ ~~ y ~~ T C~ ~vrrz~sor i~ar E \ S~ ~~ ~ ~~ OXFORD R ~ti5 ,~ -o GNP~~ PEE ~~ ~~ C~ P~-~'~`'O`N ~~ COC ~1 OM R KLIN ST SEED Gata use subject tc license. www.delorme.com o aet .,~,~5 US.4c _~~' ^.n",,.~ *rr. Scale ; ~ 4;,, ~ ~- ~1~~" ~- .,, .~~ 1 ~~ ° &66.' ft Data Zoom 13-? FOX RD -I Point O~ ~~~~ P~ GO Cf, ;~ ~a 6 M 0 U c~ ~ cV ~, ~ y c ~ ~ ~ n '~NO~;r,~a,x,v, o c~ ~'^ ~ ~~ N s u r ~ rn ~ ,C .~. N •a N c iT ~ ' 61 V~ ~ ~a ~ ~ y ~ ~ ;~ ~ ~ ~ x ::: it ~ ~' 1 ~ T ~~ ~ ~ G p V CY,' Ql r-I (•• r ~ N ~ •.-{ 7r tI'i ,.._, ~~ '-' C .--I r--I .-I '--I X11 N -+ ~-! 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S Longit.: xx.xx E J W Details _.__ _ User I... ; 40.13 N , 76.59 '+V ; Choose.... ~ J' _ 13 ,- Date: 2005 ; Sep ; 21 O1, 06; 2008 Od:O~ ..-Moon _. _.__. l I now ~ __ ------, 3 ,'r ~ f .5 + I° ' 1 •-° 15 o a { ° 0 010 ~ 0 <~14 ~ O - O O ° I ~~..,~5 016 a 9 ° ti~ ~7 t .1 --- _-___-___. _____.... n ~ ~: y ~ M t ~ ~ ~~ i~ ~ _~. ~ t J ~ •. ~- u L,`~er )n UUt 1.Af. _ ?~.7 ? ;.J 1 ;n:~-.-~'~ ~<i .:~ `.~JP (~ :7f'.Q 21 1 GOOJ ~~/:-13:~~ ~~.~;~i: Rise 05:53 Transit 11:59 Set 18:05 AftR. = 20.22° Azim. = 106.6° (ESE) MOON: Rise 19:58 TransR 02:40 Set 10:00 AftR. = 23.4° Azim. = 274.6° (W) ~;; l Sf ~ - ~ ~ ~. 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Copyright by A r,I~e..C___r~ou~`_~=r=r ;~~r^ Select your location from the menu fist, or enter decimal degree values for and press return key, and press return key tp, ~~wwj~iesen_ae;SivlE; ~ P~qe ., of b CERTIFICATE OF SERVICE AND NOEL'. this 7`~' day of January 2008 I, Michelle :L1. ~lilojevich, an em lovee o ~' ~: Rovner, P.C., do hereby certify- that I have served a true and co ~ p ~ f An~Ino rrtct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT in the United States mail Hamsburg, Pelmsylvania, addressed as follows: • postage prepaid at Daniel Deardorff, Esquire iVlartson, Deardorff, Williams & Otto Ten East High street Carlisle, PA 17013 (717) 243-3341 ID #: 17837 Attorney for Defendant Michelle M. Milojevic .-, .~,,. EXHIBIT C • • F.\FILES\Clicnts\Donega13050\Current\487\3050.487.res.rec 'a}t Created: 9120/04 O'06PM Rcvised: 1/28/08 9:03AM 3050,467 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GII.ROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RENEE MOOSE and KENNETH MOOSE, her husband, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 07-4685 CIVIL ACTION -LAW BETSY SHERLOCK, Defendant JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFFS' REQUEST TO ADMISSIONS 1. Admit. 2. Admit. 3. Admit. 4-5. Admit. Defendant has not researched this matter, but has no reason to dispute the calculations set faith in these requests for admission. 6. Admit. However, when I was driving east on Trindle Road at the time of the accident, there was a glare off the traffic signal because it was a very sunny day, and immediately before the accident, I had blurring when I was looking through progressive lens glasses. 7. Admit. 8. Admit. 9. Admit. However, I was having problems observing the light at the traffic control signal immediately before the accident because of blurring through my progressive lenses when I moved my eyes back and forth and up to the light. In addition, the glare off of the signal caused problems at that immediate time. 10. Deny. I remember a glare from the sun shining on the traffic signal at the intersection immediately before the accident while I was looking through my progressive lenses, which caused blurring at that time. 11. Admit. 12. Admit. 13. Admit. 14. Deny. I cannot admit this statement because I was having blurry vision when I was moving my eyes from side to side or up and down through the new progressive glasses, and it was simply not involving less than the upper part of the lenses. 15. Admit. 16. Deny. To the contrary, as I was approaching the traffic signal, especially as I got within 100 feet of the intersection, I was moving my eyes from side to side to determine the status of the intersection and also moving my eyes from down to up to look at the traffic signal. Immediately before the accident, I experienced the blurring from moving my eyes from side to side and from down to up. I was simply not viewing the traffic signal through the upper half of the lenses. 17. Deny. See the answer to number 16. It was difficult to see the color of the traffic signal immediately before the accident because of the sun glare off the traffic signal and the blurring I experienced looking through the progressive lenses as described in answer to number 16. 18. Deny. When I was driving along Trindle Road and simply looking straight ahead, I was not having any problems. It was only when I was moving my eyes from side to side and down to up as I got close to the intersection where the accident happened that I experienced the blurring; this occurred immediately before the accident. 19. Deny. I was not having any problem as I was driving along Trindle Road before I got closer to the intersection. The blurring and the sun glare happened unexpectedly and suddenly, immediately before the accident. The accident happened within a second or two of the blurring that occurred which made it difficult to see the traffic signal. 20. Admit. 21. Denied. I do not know what the color of the traffic signal was at the time of the accident. Seconds before the accident, I saw that the traffic signal was green, and then within a second or two before the accident, I suddenly and unexpectedly experienced blurriness while I was looking from side to side and down to up through my progressive glasses, and the sun glare also made it difficult to see what color the traffic signal light was. 22. Deny. I feel that PlaintiffRenee Moose should have entered the intersection carefully while looking to make sure other traffic had stopped on Trindle Road. She should not have entered the intersection without looking to make sure it was safe to go into the intersection. If she was looking carefully, she would have observed that my car was not stopping and the accident could have been avoided. Respectfully Submitted, MARTSON LAW OFFICES sy J ~,,,~ Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: ~ ~c I ~ CL ~ F:\FILES\FORMS\caption Creazed: 9!20(04 0:06PM Revised: I/23/OS 2:O1PM VERIFICATION The foregoing Answers to Plaintiffs' Request for Admissions are 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. ~~ ~sog~ Betsy She ck Date 'i• i .I :~`GIVO & ROVE ER, P.C. '~ ~-ti~ha~l E. hosik. F-,squire :~ttornt~ IDT : 36?I i -~~U3 \orth Front Strut it hlarrisbure. P:~ I'11Q-I?t)3 j~ 1 : 1') 3 33-6'91 I F:~\ ('1')'_33-?tilt) :~ttornc}s for Plaintiftls) E-mail: mkosik ~i angino-ru, nzr.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs : IN THE COURT OF COMIviON PLEAS CUMBERLAND COUNTY, PENNA. ~'~' CIVIL ACTION -LAW NO. 07-4685 CIVIL TERIvi BETS ~' SHERZ OCI~. . Defendant JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT PURSUANT TO Pa.R.C.P. 4014 TO: Defendant Betsy Sherlock and her counsel Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: The facts and occurrences hereinafter related took p_iacP on.~trPctn~sda~, J September 21, 2005, at appro;cimately 7:43 a.m. at the intersection of Trindle Road and Sheely Lane in Hampden Township, Cumberland Cotulty, Pennsylvania. Adlillt Df;ily -1'~~r, ~ 'I• .I ?. At the time of the accident Betsy Sherlock vas travelin, from Mechanicsburg ,' .. ~ to~rards C~linp Hill. Pennsylvania in a generally northeasterly direction on Trindle Road. i~dllllt Deny. 3. The compass heading for a person traveling east on Trindle Road in the 500 feet before the intersection tir•ith Sheely Lane would be approximately (+2°) 64° from tn~e north. See map attached hereto as Exhibit A with compass heading marked on map. Admit Deny 4. On September 21, 2005 at approximately 7:40 a.m., the sun would have been located 106° east of north (azimuth} and an altitude of 19-20° above the horizon. See table from Astronomical Applications Dept., U.S. Navel Observatory attached hereto as Exhibit B and Sun, IVioon, and Earth Applet attached hereto as Exhibit C. Admit Deny 5. On September 21, 2005 at approximately 7:40 a.m., the sun would not have been on the horizon directly i.n front of an eastbound motorist on Trindle Road in the S00 feet leading up to the intersection with Sheely Lane and would have been approximately 40° to the right (east) of an eastboulld motorist at this location. Admit Deny '~ I ~ 6. Do you admit that the sun ~~~ould not have been in the direct line of sight for an y eastbound motorist on Trindle road at the time and location of the accident'? Admit Deny 7. The intersection of Trindle Road and Sheely Lane is controlled by a traffic signal. :admit Deny 8. Defendant Betsy Sherlock has-been traveling through the intersection of Trindle Road and Sheely Lane for the past seventeen years and was familiar with the roadway and intersection. Admit Deny 9. Do you admit that you failed to stop and yield the right-of--way at the traffic control signal at the intersection of Trindle Road and Sheely Lane? Admit Deny 10. Do you admit that tl-~er~ vas no glare behind or on the traffic signal at the intersection of Trindle Road and Sheely Lane? Admit Deny ~I ~~ ji -; ;~,~; if ~I t ;i ;~ 11. Do you admit that you were driving on the day ofthe accident with new ' progressi~•e tense glasses which you had for appro~imatel}' one «~eek. (Sherlock Depo. - 1:1, p ~111eS ~) Admit Deny 12. Do you admit that before receiving your new glasses, you had always operated your car without using corrective lenses? (Sherlock Depo. p. 11, lines 11-13 and p. 15, line 4-7) Admit Deny 13. Do you admit that after the accident you discontinued to use the progressive tense glasses and drove your car without glasses for a period of time? (Sherlock Depo. p. 30, line 2- 11) Admit Deny 14. Do you admit that the progressive lenses in your eye glasses would have affected less than half of the upper part of the tense? Admit Deny 1 s• Do you admit that as you approached the light, you physically had to look llp at the light? (Sherlock Depo. p. 18, lines 5-16) Admit Deny ~! ;of, •.i f 16. Do you admit that as you approached the traffic signal, you would have boon :j viewin, it through the upper half of your tense, especially as }'ou get ~~'ithin 1 UO feet of the intersection'? Admit Deny 17. Do you admit that even if your progressive lenses causing blurred vision this would not affect the color of the traffic signal? Admit Deny 18. Do you admit that the alleged blurred vision caused by yolu• progressive lenses affected your ability to see for a long distance as you approached the intersection of Trindle Road and Sheely Lane? Admit Deny 19. Do you admit that if you could not see the traffic signal controlling Trindle Road and Sheely Lane or the color of the light, you had a duty to slow and stop under the assured clear distance ahead rule? Admit Deny 20. Do you admit that Sheely Lane had a green light at the time of the incident? Admit Deny .~ i .-, ~„~. i~ i~ i •.I ,, j i 1. Do you admit that at the time you entered the intersection on the day of the ,~ ~ accident you had a red light? (Sherlock Depo. p. 32, lines 19-? 1) admit Denv 22. Do you admit that Plaintiff Renee Moose is in no way responsible for this incident'? Admit Deny P.C. Michael E. Kosik I.D. No. 3b513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs .-i?~r, p, s ~ ~ Street Atlas USAF 2007 W~6 ° 59.5' W~6 ° 59' W76 ` 58.5' FpX RD Naval Inventory and Cont I Point ~ O ~~ ~~ P~ M ~ o z ~~~~0 ~~, ~ 'P G 641 ~~- Cr ,P , ~~~'".. n~~.. S~ `~ :~::-t-., ~~~r pV~1 pR B ~ ~ E~R w:~' F ~"~' ~, :~:-.>- S~ `gy 2. ~~'- -~ F p z r E 5~ ~ ~'ON PL E ~ ~ Qg~,E~R ~ P ~~ '-M'Jir~ sor f~arK 3,T Qrchard C est Q~ ~ OpvER S~ ~~` y~ C J ~~ y XFpRp O R E 2 ~~~ES S~ ~-< ~ <~ GNP~~ PEE s~ N ~''r~ O P~~~S ~~ OM R COCKLI~N ST REED Data use subject tc license. '" EXHIBfT Scaie . . ~ ~~~ x _~;.;F. -,~~ ,....< S-ee, .~, .'s US.4~' _3'v-. MN~~1d9N1 ~ n- ~ ~ w ~ ra ~ir ~v _: • a0. www.delorme wm 1" = 666.7 ft Data Zoom 13-1 ~o is ~ altitude/Azimuth Table for One Day Astronomical Applications Dept. U.S. Naval Observatory Washington, DC 20392-5420 MECHANICSBURG, PENNSYLVANIA o o , W 77 00, N40 13 Altitude and Azimuth of the Sun Sep 21, 2005 Eastern Standard Time Altitude Azimuth (E of N) h m o 0 05:00 -11.2 79.6 05:10 -9.3 81.2 05:20 -7.4 82.9 05:30 -5.5 84.5 05:40 -3.6 86.2 05:50 -1.7 87.8 06:00 0.6 89.4 06:10 2.4 91.0 06:20 4.2 92.6 06:30 6.0 94.3 06:40 7.9 95.9 06:50 9.8 97.5 07:00 11.7 99.2 07:10 13.5 100.9 07:20 15.4 102.6 07:30 17.2 104.4 07:40 19.1 106.2 07:50 20.9 108.0 08:00 22.7 109.8 08:10 24.5 111.7 08:20 26.2 113.7 08:30 28.0 115.7 08:40 29.7 117.8 08:50 31.3 120.0 09:00 33.0 122.2 09:10 34.5 124.5 09:20 36.1 126.9 09:30 37.6 129.4 09:40 39.0 132.0 09:50 40.4 134.8 10:00 41.7 137.6 10:10 43.0 140.5 10:20 44.2 143.5 10:30 45.2 146.7 10:40 46.2 150.0 10:50 47.1 153.4 11:00 47.9 156.9 11:10 48.6 160.5 11:20 49.2 164.2 11:30 49.7 168.0 11:40 50.0 171.8 11:50 50.2 175.7 12:00 50.3 179.6 12:10 50.2 183.5 http: //aa.usno.navy.miUcgi-bin/aa_altazw.pl EXHIBIT Page 1 of 2 9/17/2009 Altitude/Azimuth Table for One Day Page 2 of 2 12:20 50.0 187.4 12:30 49.7 191.3 12:40 49.3 195.1 12:50 48.7 198.8 13:00 48.1 202.4 13:10 47.3 205.9 13:20 46.4 209.4 13:30 45.4 212.7 13:40 44.3 215.8 13:50 43.2 218.9 14:00 41.9 221.8 14:10 40.6 224.7 14:20 39.2 227.4 14:30 37.8 230.0 14:40 36.3 232.5 14:50 34.8 234.9 15:00 33.2 237.3 15:10 31.6 239.5 15:20 29.9 241.7 15:30 28.2 243.8 15:40 26.5 245.8 15:50 24.7 247.8 16:00 22.9 249.7 16:10 21.1 251.6 16:20 19.3 253.4 16:30 17.5 255.2 16:40 15.6 256.9 16:50 13.8 258.7 17:00 11.9 260.3 17:10 10.0 262.0 17:20 8.1 263.7 17:30 6.3 265.3 17:40 4.4 266.9 17:50 2.6 268.5 18:00 0.8 270.2 18:10 -1.5 271.8 18:20 -3.4 273.4 18:30 -5.3 275.0 18:40 -7.2 276.6 18:50 -9.1 278.3 19:00 -11.0 280.0 Back to form http://aa.usno.navy.miUcgi-bin/aa_altazw.pl 9/17/2009 Time 2:une Location Latit: ~ocxc N 1 S Lonyi3.: xx.xx E 1 Ytl Details Moan UT -5 h 1+' User Input yr 40.13 N v+ ;76.59 W v`'' Choose.... t~' '~ Local Time: 07 `' 43 •r' Date: 2005 ~- Sep 1t-',! 21 +/; Hour E S W 0 o I o I 0 0 0 0 0 10 c 14 I 0 0 0 { ~~0 8 0 16 ~- j ~ .~ ~ ~--~- r' ~`. ~~ ~` ~^ J. i - :~ t ~A -. . ~. - ~ -~ ' "z _ SUN: Dean:=fl° 32E #i p 7~ s i2°30:U' ~.Of'~.IRIe=~fi.'~.RYFr ~'F21•.. 1 Dears. =18° 42' N c~ =150° rs_r Moon Age:17 d i'7 h 59 m GeocMlric Florlg. = 134.29° Ilrsn. Frac. = 85 D 96 (-} ~ Dis~nce from Earth = 377957 Icm Aboui.. System Ctock UT -240 min Yhled Sep 21 t243:00 UT 2005 Sun, Moon 8~ E~1h - 5.82 6r i998-2009 J. Giesen The world map is from Mac OS system software. Copyright by Aoote Computer. inc. EXHIBIT C CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Response to Plaintiffs' Request to Admissions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 MARTSON LAW OFFICES By Ami . Th Ten East High treet Carlisle, PA 17013 (717)243-3341 Dated: ~ i ~ `~ `~j EXHIBIT D Print CRS W0028559 I CONAM®W4RlEALYD-0 ®F PERINISVL!lAI10.1A J ~C4LICE CBtA5F1 QtEP06tT~~IGs ~ORV1fl Pa e Pag ~u~uu~~u~ ~.._..,, Case Closed Reportable Crash (~ WUUltSJJy ~AA'500 1 O Yes Q No O Yes O No ~ ~ __ Incident Number Police Agency Patrol Zone ~ o 0 2 X559 21103 SW HAM2005-09-00689 C p~ncy Investi ation Date {MM-DD-YYYY) Agency Name 09 21 0 2005 hi p s Hampden Towns Dis atch Time (mil) Arrival Time (mil) Investi ator Badge Number d 0743 0749 ~ S SPANGLER 1912 ~ Reviewer Bad a Number Ap royal Date (MM-DD-YYYY) FELTY 19-2 10 11 2005 UN A . SGT SHA - County County Name Munici al' Municipalit Name Aav of NP/eek 21 ~ berland 103 ampden Township O sun O m~ ® q s " °If > 00 Crash Date (MM-DD-YYYY) trash Time (mil) No ag~Un'tts Pe~ In'rl red 1Cill~ed 09 e 21 e 2005 0743 2 2 p 0 complete Form F O Mon O Fri O Tue Q sat O Wed O Unk ~ (If Yes, Com fete Workzone p O Yes O No Section 19) form M School Bus Related O Yes O No School Zone Related O Yes O No Notify PENN00T Maintenance O Yes O No _ _-_: -- ~ ` ~ __ . ~ , IntersecNon Tvoe Multi-Lei O 4 Way Intersection O 'Y" Intersection O Intersection O Off Ramp O Railroad Crossing ~o 00 O Midblock Traffic Circle/ O On Ramp O Crossover O Other rsection O O 'T' I t S n e s 500 DvePla Round About Route Number Segment {Optional) Travel Lanes Speed Limk O North House Number (if applicable) ~ 0641 02 40 a O South ~ r ~ Stree4 Name Street Ending ~ O East For Mid-block crashes only. uze !' O West postal House Number and make sure d TRINDLE ~ O Principal Roadway Street Name is O Unknown filed in if using this option C ~ interstate Turnpike Turnpike State County local Road Private Other/ S19D1t18 O (Not Turnpike) O (EasTMfest) O Spur O Highway O Road O or Street O Road O Unknown Route Number Segment (Optional) Trave{ Lanes Speed limit O North 0 2021 02 35 ~ O south ~ ~ O East ~ Street Name Street Ending ~ 5 ~ ~ SHEELY LN o O unknown ~~.-~. B O Interstate O Turnpike O Turnpike O State O County O local Road O Private O Other/ (Not Turnpike) (EaslNVest) Spur Highway Road or Street Road Unknown ~ _ Intersecting Rt Num Or Mile Post Or Segment Marker `" O Feet ~ ~ ~~ ^ ~ d North O i . I N O South ~ "n ` E Or Intersecting Street Name St Endin ~ O East il g ~ u Please Enter I f ti ~ ~ ~ ~ ~ O West Or M es ~ ^ ~ ° n orma on f ~ 5 b ss. ~ or BOTH p a Landmarks g if Using This O tion Intersecting Rt Num Or Mile Post Or Segment Marker „~ c ^ '~~ O ~ ~ North Distance From Crash Scene to Landmark t p $ ~ . ~ a O South (For Crash between ~ c Or Intersecting Stree4 Name St Ending O East Landmark 7 and ~ ~ O West Landmark 2) ~ - ~ ~ Degrees Minutes Seconds Degrees Minutes Seconds Latitude: Lon rtude: - _ A e~ Traffic Control Device O Yield Sign O Potke Officer or .SIBS Emer en Flagman Device Functioning O Not Applicable O Traffic Signal Alive RR Crossing O No Controls O Im ro erl O Preemptive O Controls O Other Type TCD p p Y Signal Flashing Traffic Device Not Device Functionin O Signal ~ Stop Sign O Passive RR O Unknown O Functionin O Pro erl g O Unknown Crossing Controls g p y _ ~ (~~ (/f 'Not goplimble", skip nest of the Lane Closure section) { O North O East O North and South O All i3 ° O Not Applicable O Partially O Fully O Unknown Q South O West O East and West (N,S,E,W) 9 u s Yes O N° O Unknown O ~ O ~ 30 Min. O 30.60 Min. O 1-3 hrs O 3-6 hrs O 6-9 hrs O > 9 hours O Unknown ~. r~ --_-- _ ---- ~- --- -_-_ =_-----_ --. - - _.--~ FORM N AA-500 {t?102) pENN00Y CONY http://www.dot6.state.pa.us/icons/PrintImages/Xm~Files/20051787051 spangler191220060... 9/13/2006 Print CRS W0028559 ~®I~fdPfil®R9Ift9[~d46U ®fF ~~I~I(r~~~f~I~~RI&~ ((~L9C~ ~R~~&9 R(£~®R~BNBs ~®R~il Page: 5~U 2 Pollee Use Only Page 2 0` 7 Gash Number W0028559 O Motor Vehicle in O Hit & Run Vehicle O Illegally Parked O Legally Parked ONon -Motorized Commercial Vehide c ~~ Transport O Yes O No Unit O pedestrian O Pedestrian on Skates, O Disabled from ~ Train O Phantom Vehicle e -- in Wheelchair, etc Previous Crash Complete Form C) (/f Yes ~ (If 'Pedestrian' or "Pedestrian on Skates, in Wheelchair, etc", Com fete Form M, Section 28) , Unit No First Name Nil Date of Birth (MM-DD-YYYY) O1 BETSY A~ 07 11 1954 last Name Tete hone Number Delete? 7176975232 SHERLOCK p Address / Ci /State Zi ° a 317 MONROE ST MECHANICSBURG PA 17055 Driver License Number S PeA Clas~~ c 15174256 e Almho4Druos Suspected Driver or Pedestrian Phvsiw! Condition ~ M O No O Illegal Drugs O Medication O Apparently O 1Useegal Drug O Fatigue O Medication Normal ~ ~ O Alcohol O Alcohol and Drugs O Unknown O Had Been O Sick O Asleep O Unknown _ Drinking b y Alcohol Test Tyce Primary Vehide Code Violation Charged? ® Q Test Not Given O Breath O Other O T ~f o t O Yes O No TRAFFIC CONTROL SIGNALS v O Blood O urine ven G es ~ y Unknown A-mhol Test Results O Test Refused O Results Driver Presence 1=Driver Operated 3=Driver Fled Scene Vehicle 4=Hit and Run O Test Given, ~ ~ O Unknown 9 i D ~ Contaminated Results . = ver 2=No r OwnedDriver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 01=Private Vehicle Owned/ Owned/leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Other O1 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Sectio») Same as Driver O CHRISTOPHER G & SHERLOCK Address / C' /State /Zip Vehicle RAake °PAalce Code 20 317 MONROE ST MECHANICSBURG PA 170557055 Chevrolet VIN ANodel Year Vehicle Model (see overlay) 2CNDL23F056132285 2005 EQU License Plate Reg. State Es4. Speed Vehide Towed Towed By ESS8548 PA 040 O Yes O No ROADSIDE AUTO R Insurance Insurance tompany Policy No p O Yes O No p Un- ATLANTIC STATES INS CO PAA3004626 a, known w € 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag 54 Trailing 12 e T Unit No.. of ~ U~ ^ 2=Towing Truck S=Camper 8=Other ~ ~~ '~ T li e Z rai ng 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Units: e ~ Direction of - - ^ E 'Vehicle Position O 1 *PNovement O1 *See Overla Special Usage ravP T y Vehide Color Vehide Tvpe 05=Large Truck 20=Unicycle, Bicycle, OO 12=Commercial Passenger 06=Yellow O4 07=Silver 06=5UV Tri cle 01=Automobile ~' 06 02=Motorcycle 07=Van 21=Other Pedalcycle & B OD=Not Applicable Carrier 01=Fire Veh 13=Taxi 08=Gold uggy 03=Bus 10=Snowmobile 22=Horse 02=Ambulance 21=Tractor Trailer 01=Blue 09=Brown 04=Small Truck 11=Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange (If `02", Complete Form 12=Construction Equip 24=Train 08=Other Emergency 23=Triple Trailer 03=White 11=Purple M, Section 16) 13=AN 25=Trolley Vehicle 31=Modified Veh 04=Green 12=Other (If "20" or °2! ", Complete 18=Other Type Spec Veh 98=Other ec Veh 99=Unknown T e S 19=Unk 11=Pupil Transport 99=Unknown 05=Black 99=Unknown . yp p Form M, Section 17) Inkial impact Point Damage Indfcator Gradient 3=Downhill Road Alignment 12 00=Non-Collision 14=Undercarriage 15=Towed Unit k P i t 1 Cl 2 O=None 2=Functiongal ^ 1=Minor 3=Disablin ~ 1-Level 4=Botptom of Hill S=To of Hill ~ 1=Straight 2=Curved n s oc o 01- 2= 13=Top 99=Unknown 9=Unknown 2=Uphill 9=Unknown _ 9=Unknown FORM M M-500 (12/02) PENNDOT COPY http://vvww.dot6.state.pa.us/icons/printImages/XrrPiles/20051787051 spang1er191220060... 9/13/2006 Print CRS W0028559 A A (~@.BC Page: MS~U 2 POIKe Use Onty .~. (~®Rf~Rfil®f~11~4fE~tL4@4 ®f~ ~fk)fR9~~~l9~aPdB~ ~ ~~~589 08~~~BNes ~®i8~fi1 onniii~i W0028559 Pag Crash Number o ~ Motor Vehicle in O Hit & Run Vehicle O Illegally Parked O Legally Parked ONon -Motorized Commercial Vehicle s Type Transport O Yes O No „ Unit Pedestrian on Skates, Disabled From O Train O Phantom Vehicle c - O Pedestrian O in Wheelchair, etc O Previous Crash Complete Form C) (If Yes ~ (If 'Pedestrian" or 'Pedestrian on Skates, in Wheelchair, etc', Com lete Form M, Section 28) , Unit No First Name MI Date of Birth (MM-DD-YYYY) 02 R R^ 03 25 1952 Last Name Tele hone Number Delete? 7179751940 MOOSE O Address / Ci /State Zi ° 'a 804 UPLAND STREET MECHANICSBURG PA 17055 Driver License Number State Class PA ~ 15397393 w A-mhol/Druas Suspected Driver or Pedestrian Physical Condition ~ ~ O No O Illegal Drugs O Medication O Apparently O lUseegal Drug O Fatigue O Medication Normal ~ O Alcohol O Alcohol and Drugs O Unknown O Had Been O Sick Q Asleep (~ Unknown _ Drinking b y Alcohol Test Tvce primary Vehicle Code Violation Charged? ® O Test Not Given O Breath O Other -1 O Yes O No e ~ Unknown if Q Blood O Urine O Test Given NONE y Unknown Alcohol Test Results O Test Refused O Resulu Drive- Presence 1=Driver Operated 3=Driver fled Scene Vehicle 4=Hit and Run O Test Given, ^ ~ O 9=Unknown D i ~ Contaminated Results . ver 2=No r Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 01=Private Vehicle Owned/ Owned/leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 98=Other O1 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) Same as Driver p UNDEFINED HONDA LEASE TRUST Address / C /State /Zip Vehicle Make "Make Code 37 - ~ 121 CONTINENTAL DRSTE 3 NEWARK PA 197139713 Honda VIN Model Year Vehicle Model (see overlay) 2HKYF18125H530713 2005 PIL License Piate Reg. State Est. Speed Vehide Towed Towed B PD4157F PA 020 O Yes O No ROADSIDE AUTO R Insurance Insurance Company Policy No c eves p No O un" STATE FARM 5586798B1638Z ~, known a € 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag 54 Trailin 12 e T e Unit No.. of ^ U~rt ^ 2=Towing Truck S=Camper 8=Other ~~ li T ~ m v ng rai 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Units: Direction Of ~ *Vehide Position ~ 1 *1Wovement 12 "'See Overla Special Usage rav~T y Vehide Color Vehide Type 05=Large Truck 20=Unicycle, Bicycle, 00 12=Commercial Passenger 06=Yellow 99 07=Silver 06=5UV Tri le 01=Automobile ~ 06 02=Motorcycle 07=Van 21=Other Pedalcycle & Bu H 22 bil 00=Not Applicable Carrier 01=Fre Veh 13=Taxi 08=Gold ggy orse = e 03=Bus 10=Snowmo 02=Ambulance 21=Tractor Trailer 01=Blue 09=Brown 04=Small Truck 11=Farm Equip 23=Horse & Rider 03=Police 22=Twin Trailer 02=Red 10=Orange (1f "02", Complete Form 12=Construction Equip 24=Train 08=Other Emergency 23=Triple Trailer 03=White it=Purple M, Section 26) 13=ATV 25=Trolley Vehicle 31=Modified Veh 04=Green 12=Other (If °20" or °21 ", Complete 18=Other Type Spec Veh 98=Other ec Veh 99=Unknown T 19=Unk e S 11=Pupil Transport 99=Unknown 05=Black 99=Unknown yp . p Form M, Section 17) Initial Impact Point Damage Indicator Gradient 3=Downhill Road Alignment 11 00=Non-Collision 14=Undercarriage 15=Towed Unit k P i t 12 Cl 3 O=None 2=Functional ~ 1=Minor 3=Disabling 1 4=Bottom of Hill ^ 1=Level S=Top of Hill ^ 1=Straight 1 2=Curved n s = oc o 01- 13=Top 99=Unknown 9=Unknown 2=Uphill 9=Unknown _ 9=Unknown FORM M M-500 (12/02) PENNDOT COPY http://vwvw.dot6.state.pa.us/icons/PrintImages/:~iles/20051787051 spang1er191220060... 9/13/2006 Print CRS W0028559 Page 4 of 7 -+ P®!~1 EC R SF9 R ~O TBR9G FOR~NAPdIA AI I~I~I&I~III~I~~ cash Number Page AA 500 3 `'°~Ce "~ Only ~ W0028559 Person Tvne: Seat Position: $afrty~a~:inment One: EL€Cli2tZ: A 1=Driver ~ 00=Not APassenger/Occupant E 00=None Used /Not Applicable (^j O=Not Applicable 2=Passenger O1=Driver -All Vehicles 01=Shoulder Bett Used 1=Not Elected 7=Pedestrian 02=Front Seat Middle Position 02=lap Belt Used 2=Totally Ejected 8=Other 03=Front Seat Right Side 03=Lap And Shoulder Belt Used 3=Partially Ejected 9=Unknown 04=Second Row -Left Side Or 04=Child Safety Seat Used 9=Unknown Motorcycle Passenger 05=Motorcycle Helmet Used 05=Second Row -Middle Position 06=6i cle Helmet Used 06=Second Row -Right Side 10=Safety Belt Used Improperly H OO=Noe~ed /Not Applicable ~~Female 07=Third Row Or Greater - 11=Child Safety Seat Used Improperly 1=Through Side Door Opening e B Left Side 12=Helmet Used Improperly 2=Through Side Window M=Male Og=Third Row Or Greater - 90=Restraint Used, Type Unknown U =Unknown Middle Position 99=Unknown 3=Through Windshield 4=Through Back Door g 09=Third Row Or Greater - 5=Through Back Door Tailgate Opening ® Right Side ~f jy! Ta~!ioment Two: 6=Through Roof Opening (Sunroof/ g Iniurv Severity: 10=Sleeper Section of Truckcab F 00=None Used /Not Applicable Convertible Top Down) m ~ O=Not Injured 11=1n Other Enclosed 01=Front Air Bag Deployed (for This Seat) 7=Through Roof Opening (Convertible 1=Killed Passenger Or Cargo Area 02=Side Air Bag Deployed (For This Seat) Top Up) 2=Major Injury 12=1n Open Area 03=Other Type Air Bag Deployed 9=Unknown ~ 3=Moderate (Back Of Pickup, Etc.) 04=Multiple Air Bags Deployed In u 13=Trailing Unit 05=Motorcycle Eye Protection 4=Minor Injury 14=Riding On Vehicle Exterior 06=Bicyclist Wearing Elbow/KneelPads Extrication: 8=Injury, Unk 15=Bus Passenger 10=Air Bag Not Deployed, Switch On ~ O=Not Applicable Severity 98=Other 11=Air Bag Not Deployed, Switch Off 1=Not Extricated 9=Unknown if 99=Unknown 12=Air Bag Not Deployed, 2=Extricated By Mechanical Means Injury Unk Switch Setting 3=Freed By Non -Mechanical Means 13=Air Bag Removed (Prior To Crash) B=Other 19=Unknown If Air Bag Deployed 9=Unknown 99=Unknown r3 EMS Agency: ONE Medical Facility: NONE Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E ~ O 1 O1 DeQe7 07 - 11 - 1954 a ~ ~ O1 03 12 1 0 1 Name /Address !Phone EMS Transport ~ same as SHERLOCK, BETSY A 317 MONROE ST MECHANICSBURG PA 17055 7 O Yes O No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I 02 O 1 DeQ e? 03 - 25 - 1952 1^ ~ ~ 01 03 12 Name /Address /Phone EMS Transport ~ same as MOOSE, R R 804 UPLAND STREET MECHANICSBURG PA 17055 7179 O Yes O No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C D ~ E F G H I DelOete? ~-~- ^^^~~~^^^ Name /Address /Phone EMS Transport Same as O Yes O No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I Name /Address /Phone EMS Transport Same as O Yes O No Operator Unit No Person No Delete? Date of Birch (MM-DD-YYYY) A B C D E F G H I OO Q D-O 0~~00000^ Name /Address !Phone EMS Transpor4 ~ Same as O Yes O No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I OD °Oe7 D-D ^D~OC~C~CI~O Name /Address /Phone EMS Transport Same as O Yes O No Operator FORM Y AA-SOD (tvoz) PENNDOT COPY http://www.dot6.state.pa.us/icons/PrintImages/X'iles/20051787051 spang1er191220060... 9/13/2006 Print CRS W0028559 CORARflO~IlB(~~,LYH O~ ~ER~VdSYL!!~,{~I~ ~O~IC~ CR~+$0-0 IR~P01371V~G ~OCdRA Page AA 500 4 police Use Only mii~iiiii~n W0028559 Crash Plumber Crash Description Relation to Roadway illumination Weather Conditions Road Surface Conditions O~Non-Collision 2=Head On t=Rear End 3=Rear to Rear (Backing) 7=0n Travel Lanes 3=Median ^ 2=Shoulder 4=Roadside 1=Daylight 3=Dark -Street 1 N 2=Stre i V hts g ghts et L 4=Du sk ^ 1=No Adverse Conditions 3=Sleet (Hail) 2=Rain ~ 4=Snow ^ O=Dry 2=sand, Mud, Dirt, 1=Wet 3=Snow Covered 1 02 ^ p Unit No O1 z ~ ^ O Please Put 3 ^^ ^ O Events in e :. Sequential Order 4 ~ ^ 0 I6 nl E o Harm Event L/R Most] Utility Pole Alumber t 11 ^ ~ d Unk No 02 z ~ ^ p c ~ Please Put Eventr in 3 ~ ^ ~ Sequential Order 4 ~ ^ O First Unit No Harm Event Iwost Unit No Harm Event }~mful ~ ~ ?~ful veF-nt in O 1 02 ~ O 1 02 t~h t re resh Do not repeat this information m multiple pages Envlronmenta/ /Roadway t 00 Z ~ 3 Potential factors (FJR) 00=None 11=Slippery Road Conditions (Ice/Snow) 01=Windy Conditions 12=Substance On Roadway 02=Sudden Weather Conditions 73=Potholes 03=Other Weather Conditions 14=Broken Or Cracked Pavement D4=Deer m Roadway 15=TCD Obstructed 05=Obstacle On Roadway 76=Soft Shoulder Or Shoulder Drop Off 06=0ther Animal In Roadway 28=Other Roadway Factor 07=Glare 29=Other Environmental Factor c OS=Work Zone Related 99=Unknown 0 A Possible Vebitfe Failures M 12=Wipers E 00=None 06=Exhaust 13=Driver Seating/ConVOI w 01=Tires 07=Headlights 14=8od~, Doors, Hood, Etc ~ 02=Brake System 08=Signal Lights 15=Trai er Hitch ~ D3=Steering System 09=Other Lights 16=Wheels 04=Suspension 10=Horn 17=Airbags ~' OS=Power Train 11=Mirrors 18=Trailer Overloaded •c 19=Unsecure/Shifted c Unk Trailer Load k°~ No Oi t 00 2 20=Improper Towing 21=Obstructed Windshield Nort 02 t 00 Z ~ 99=Unknown Indicated Prime factor Do not repeat this information on muhiple pages. E/R V D P ~ ~ 0 0 Unk No Factor Code O1 09 ff E/R is the Prime Factor Type, leave Unit No blank 4=Angle C~Sideswipe B=Hit Pedestrian 5=S'deswfpe (Opposfte Direction) (Same Direction) 7=HR Fixed Object 9=01herNnknown S=Outside TrefRcway 7=Gore (Ramp Intersection) 6=1n Parking Lane 9=Unknown S=Dawn B-Other -- ~ -1---= 6=Dark -Unknown Roadway Lighting 5=Fog 7=Sleet 8 Fog 9=Unknown 6=Ram & Fog B=Other 4=Slush 6=Ice Patches g=Other 5=Ice 7=W~r~~ Standing Harmful Events (Mann Evend 01=Hit Unit 1 02=Hit Unit 2 D3=Hit Unit 3 04=Hit Unit 4 05=Hit Unit 5 06=Hit Other Traffic Unit 07=Hit Deer 08=Hit Other Animal 09=Collision With Other Non Fixed Object t 1=Struck By Unit i 12=Struck 8y Unit 2 13=Struck By Unit 3 14=Struck By Unit 4 15=Struck By Unit 5 16=Struck By Other Traffic Unit 21=Hit Tree Or Shrubbery 22=Hit Embankment 23=Hit Utility Pole 24=Hit Traffic Sign 25=Hit Guard Rail 26=Hit Guard Rail End 27=Hit Curb 28=Hit Concrete Or Longitudinal Barrier 29=Hit D'Rch Driver Action (D) 00=No Contributing Action 01=Driver Was Distrak3ed 02=Driving Using Hand Held Phone 03=Driving Using Hands Free Phone 04=Making Illegal U-Turn 05=Improper/Careless Turning 06=Turning From Wrong Lane 07=Proceeding Wi0 Clearance After Stop 08=Running Stop Sign 09=Runrringg Red Light 10=Failure To Respond To Other Traffic Control Device t t=Tall tingg 12=Sudden Slowinq/StopPing 13=Illegally Stopped On Road 14=Careless Passing Or Lane Change 15=Passing In No Passing Zone 16=Driving The Wrong Way On 1-Way Street Page 5 of 7 30=Hit Fence Or Wall 31=Hit Building 32=Hit Culvert 33=Hit Bridge Pier Or Abutment 34=Hit Parapet End 35=Hit Bri a Rail 36=Hit Bou der Or Obstacle On Roadway 37=Hit Impact Attenuator 38=Hit Fire Hydrant 39=Hit Roadway Equipment 40=Hit Mail Box 41=Hit Traffic Island 42=Hit Snow Bank 43=Hit Temporary Construction Barrier 48=Hit Other Fixed Object 49=Hit Unknown Fixerl Object 50=Overturn/Roll Over 51=Struck By Thrown Or Falling Object 52=Pot Holes Or Other Pavement Irregularities 53=Jacknife 54=Fire In Vehicle 58=Other Non-Collision 99=Unknown Harmful Event 17=Careless Or Illegal Backing On Roadway 18=Driving On The Wrong Side Of Road 19=Making Improper Entrance To Highway 20=Making Improper Exn From Highway 21=Careless Parking/Unparking 22=OverNnder Compensation At Curve 23=Speeding 24=Drlving Too Fast For Conditions 25=Failure To Maintain Proper Speed 26=Driver Fleeing Police (Pot Chase) 27=Drrverlnexperienced 28=Failure To Use Specialized Equip 92=Affected By Physical Condition 98=Other Improper Driving Actions 99=Unknown Noit O 1 t 09 a~ s~. 4^ Nort 02 1 00 2 O 3~ 4^ Pedestrian Action (!~ 03=Working 00=None 04=Pushing Vehicle 01=Entering Or Crossing At 05=Approaching Or Leaving Vehicle Specified Location 06=Working On vehicle 02=Walking, Running, Jogging, Or Playing 07=Standing 98=Other 99=Unknown Unit No 01 00 Unit No 02 0p FORM ! M-S0011~) P~r~~oor co~v http://www.dot6.state.pa.us/icons/PrintImages/Xml~les/20051787051 spangler191220060... 9/13/2006 Print CRS W0028559 COM11iiiONWEALTH OF PENNSYLVANIA POLICE CRASIi REPORTING FORM page AA 500 5 Police Use Ony Pag W0028559 0 Witness Name Address rnone y CATHY BARNER 54 MEADOWBROOK CT NEW CUMBERLAND PA 7177700961 2 ANDREW RODEMAKER 227 GETTYSBURG ST DILLSBURG PA 17019 7174328268 Narrative and additional witnesses: Accident Investigation Notification Issued? ~ Property Damage O operator 1 said she was eastbound on trindle road and she said she did not see the traffic light change due to sun glare and when unit 2 pulled into the intersection, she hit her. unit 2 operator and both witnesses stated that sheely lane had a green light and trindle road had a red light m a a I: 2 'D C A w M m y~_ i FOAM N AA300 (t]fi2) PENNDOT COPY http://www.dot6.state.pa.us/icons/PrintImages~~r'iles/20051787051 spangler191220060... 9/13/2006 Print CRS W0028559 Wage 7 0` 7 Crash Number: W0028559 Incident Number: HAM2005-09-00689 Trindle Road ~_ _. _. _.... ..w..._ _......_. ~~ ~ ~~~~ http://www.dot6.state.pa.us/icons/Printlmages/Xm~iles/20051787051 spangler191220060... 9/13/2006 EXHIBIT E Renee Moose STATEMENT OF FACTS I, Andrew Rodemaker, live at 166 South 2"d St. in Dillsburg, PA. 17019. I can be reached at #717-432-8268. On 09/21/05, I was stopped for a red light northbound on Sheely Ln. at Trindle Rd. in Hampden Township, Cumberland County. I observed a vehicle, hereafter referred to as unit #2, also stopped for this red light northbound on Sheely Ln. at Trindle Rd. in front of me. The traffic light turned green for Sheely Ln. and I observed traffic westbound on Trindle Rd. come to a stop. I then observed unit #2 begin to proceed into this intersection, intending to turn left or westbound on Trindle Rd. when another vehicle, hereafter referred to as unit #1, ran the red light traveling eastbound on Trindle Rd. and impacted unit #2 within this intersection. To the best of my knowledge, all information in the three (3) preceding paragraphs I've given, read and understand is true & correct. ~~,~ Andrew Rodemaker Signature witnessed by: Date: a ~ ~ ~ , 2007 :~ EXHIBIT F t ,'-~ RENEE MOOSE and KENNETH MOOSE, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETSY SHERLOCK, N0.2007 - 4685 CIVIL TERM Defendant CIVIL ACTION - 3LJRY TRIAL VERDICT QUESTION # 1 DO YOU FIND THAT DEFENDANT WAS NEGLIGENT? YES~~ NO IF YOU ANSWER QUESTION 1 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTION AND SHOULD RETURN TO THE COURTROOM. QUESTION # 2 WAS DEFENDANT' S NEGLIGENCE A FACTUAL CAUSE IN BRINGING ABOUT HARM TO PLAINTIFF RENEE MOOSE? YES V NO IF YOU ANSWER QUESTION 2 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS AND SHOULD RETURN TO THE COURTROOM. .t ~ : QUESTION # 3 STATE THE TOTAL AMOUNT OF DAMAGES YOU FIND PLAINTIFF RENEE MOOSE SUSTAINED OR WILL SUSTAIN AS A RESULT OF DEFENDANT' S NEGLIGENCE. ~ (a.) PAST MEDICAL EXPENSE $ l~ i a i a (b.) FUTURE MEDICAL EXPENSE $ (c.) PAST LOST WAGES $ _ 1 '__T 50 D • v c~ (d.) NON-ECONOMIC LOSS $ a 0 , 6U~ , o QUESTION # 4 TOTAL $ 3 STATE THE TOTAL AMOUNT OF DAMAGES SUSTAINED BY PLAINTIFF KENNETH MOOSE IN CONNECTION WITH THE LOSS OF CONSORTIUM CLAIM. DAB 9 a 3 0 TOTAL$ -" ' i I ~~U~n ~n~-~s 9 1:. ~~- EXHIBIT G 'LU SAS{GUARD.. urHO usA SFSL3 CK7508113L CHECK DATE: 9/14/2009 CHECK NUMBER: 80140 $ 0 1 4 0 ANGINO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: PROTH OF CUMBERLAND COUNTY INVOICE AMOUNT.....: 3.00 CUMBERLAND COUNTY COURTHOUSE INVOICE NUMBER.....: ONE COURTHOUSE SQUARE INVOICE DESCRIPTION: CERTIFY SUBPEONA CARLISLE, PA 17013 VENDOR NUMBER......: 200 EXPENSE BREA10:)OWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 3.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 3.00 a-- CHECK AMOUNT 865 SF1310380T-1 REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN, CALL 800-523-2422 HM3TTW0010000 L95LC010406 I ~ k 1 ~ f6 coMt~~ MC P Hampden Township Board of Commissioners Melvyn C. Finkelstein, President Albert H. Bienstock, Vice President John V Thomas, Asst. Secretary Kenneth E. Fetrow Donald R. McCallin Township Manager Michael H. Gossert Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, Pa. 17110-1799 22 September 2009 Harry K Clay Jr., Lt. Hampden Township Police Department 230 S. Sporting Hill Road Mechanicsburg, Pa. 17050 717-761-2609 Reference to: Reimbursement for expenses due to your case Moose v. Sherlock on 21 September 2009. As I am sure you are aware that this was Officer Spangler's regularly scheduled day off. Therefore, the Township had to pay him for three hours of overtime. The Township also provided the use of an unmarked vehicle. Per your letter dated September 2009 paragraph three, you advised that all expenses would be reimbursed by your office. Officer Spangler's overtime rate is $50.52 per hour time three hours and the use of the carg5 cents per mile with a total of 30 miles roundtrip (Mapquest has 15.81 one way). An invoice is attached to this letter. Your check 80141 can be used against the invoice or we can send back. The check should be made out to Hampden Township. Thank you in advance for your cooperation. Respe ully submitted, Har ay Jr. Lieutenant 230 S. Sporting Hill Road Mechanicsburg, PA 17050-3097 E-Mail hampden@hampdentownship.us Website www,hampdentownship.us FAX (717) 761-7267 TDD (717j 214-1162 Administration (717) 761-0119 Ambulance (717) 76]-5343 Police (717) 761-2609 Recreation (717) 761-4951 Utilities (717) 909-7145 TOWNSHIP OF HAMPDEN H MPD~N WNS P iw 230 S. Sporting Hill Road Mechanicsburg, PA 17050-3097 717-761-0119 To: Michael E. Kosik, Esquire Date: 9/23/2009 Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 Invoice # 2319 Balance Due in 30 Days Date Descri tion Hours Pa Rate Amount 9/21 /2009 9/21 /2009 Officer Spangler 3 50.52 Mileage 30 0.55 151.56 16.50 Total 168.06 ~SAffGUARD,. urHOUSn SFSL3 CKi508110L ANGINO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: PROTH OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CHECK DATE: 9/11/2009 INVOICE AMOUNT.....: 3.00 INVOICE NUMBER.....: INVOICE DESCRIPTION: STAMPED SUBPOENAS VENDOR NUMBER......: 200 CHECK NUMBER: 80136 8 0 1 3 6 EXPENSE BREAKDOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 3.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 3.00 <-- CHECK AMOUNT 949 SF7310380T-1 REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN. CALL 800-523-2422 HM3T7W0070000 L95LC070408 ~JA~fGUARU,. LITHGUSA SFSl3 CN7508113~ ANGINO AND ROVNER, P. C. CHECK DATE: 9/09/2009 CHECK NUMBER: 80082 ~ O 0 HARRISBURG, PA 17110 VENDOR: ANDREW RODEMAKER INVOICE AMOUNT.....: 7.00 INVOICE NUMBER.....: INVOICE DESCRIPTION: WITNESS FEE VENDOR NUMBER......: 15527 EXPENSE BREAImOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 7.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 7.00 <-- CHECK AMOUNT s:3 - ~ SF1310380T-t ~. .. REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN, CALL 800-523-2422 HM3TTW0010000 L95LC010408 Tie Clark Group, Inc. 12l New York Ave., P.O. BoY X138, Trenton. NJ 08603 PH 609-396-1100 FAY 609-396-1755 September 14, 2009 Reference: Andrew RodeMaker Dear Sirs/Madams: Andrew Rodemaker is currently employed by the Clark Group Inc. in our Mechanicsburg, PA office. His hourly compensation is $33.87 per hour. Thank you, Stephen Spritzer i Vice President & Clark Distribution Systems, Inc. -- Clark Worldwide Transportation, Inc. Clark Worldwide Transportation, LTD. -- Evergree^ Express Lines; Inc. -- Highway Distribution Systems, Inc. ~W SArfGUARD.., urHa usa SFSL3 CKi50B113L ANGINO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: ANDREW RODEMAKER INVOICE AMOUNT.....: 85.00 INVOICE NUMBER.....: INVOICE DESCRIPTION: WITNESS FEE REZMB WORK VENDOR NUMBER......: 15527 EXPENSE BREAImOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 85.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE From: Sent: To: Subje 01-Date: 02-Your Name /Attorney: Milojevich, Michelle Wednesday, September 23, 2009 2:59 PM Check Requests Check Request 9/23/2009 mmm/mek 03-Name Of Payee: Andrew Rodemaker 09-Amount: 85 10-Purpose: witness fee reimbursement for missing work 12-File Name: Moose 13-File Number: 06177 _,_._____________ __n__ ^ ~ ^ ^ ^~ INVOICE DESCRIPTION; WITNESS FEE REIMB WORK .VENDOR NUi~ER......: 15527 <EXPENSE BREAKDOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 85.00 06177 MOOSE,: RENE 711'' INVESTIGATION EXPENSE BS.00 <-'= CHECK AMOUNT • CHECK DATE: 9/24/2009 CHECK NUbIDER: 80263 ~ O A ~ I SAFEGUARD.. uTrlousn SfSL3 CK7S0811?L ANGINO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: PROTH OF CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 CHECK DATE: 9/18/2009 CHECK NUMBER: 80215 ~ O INVOICE AMOUNT.....: 3.00 INVOICE NUMBER.....: INVOICE DESCRIPTION: SUB. CERT. VENDOR NUMBER......: 200 EXPENSE $REAIO]OWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 3.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 3.00 <-- CHECK AMOUNT t/ X90 SF1370380T-1 REORDER FROM YOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN, CALL B00-523.2422 HM3TfYV0010000 L85LC01040B s • CAPITOL COPY SERVICE 17 N. Second Street; First Floor P.O. Box 953 Harrisburg, PA 17108-0953 Phone: (717) 233-2250 Fax: (717) 233-2925 Find Us On The Web At: www.capitoicopy.net Email: hbgsupport@capitolcopy.net Tara Shade ANGINO & ROVNER ~SAr-EGUARD. urHOUSA SFSL3 CN;S08113L Invoice # 00119811 ANGlNO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: CAPITOL COPY SERVICE 17 N. SECOND ST., FIRST FLOOR P.O. BOX 953 HARRISBURG, PA 17108-0953 f C ~. ~ (~/ y v CHECK DATE: 9/17/2009 CHECK NUMBER: 80200 ~ 0 ~ O O INVOICE AMOUNT.....: 10.83 INVOICE NUMBER.....: INVOICE DESCRIPTION; TRIAL EXHIBIT VENDOR NUMBER......: 9511 EXPENSE BREAKDOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 10.83 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE Fro Milojevich, Michelle Sent Thursday, September 17, 2009 8:25 AM To: Check Requests Sub ct: Check Request 01-Dat 9J17J2009 02-Yo Name !Attorney: mmm/mek 03-Name Of Payee: Capitol Copy Service 09-Amount: 10.83 10-Purpose: trial exhibit 12-File Name: Moose 13-File Number: 06177 P.O. BOX 953 INVOICE-DESCRIPTION: TRIAL EXHIBIT HARRISBURG, PA ..17108-0953 VENDOR NUMBER......: 9511 EXPENSE BREAIQ)OWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION .10.83 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 10.83 <-- CHECK AMOUNT ~,~....... ,...,, ......,.......~ .....~................ .................................._ a.,, ~ i EXHIBIT H POWER OF ATTORNEY AND FEE AGREEMENT BY SIGNING THIS AGREEMENT, I (WE) ACKNOWLEDGE THAT I (WE) HAVE ENGAGED THE LAW FIRM OF ANG1N0 & RUNNER, P.C. (HEREINAFTER A & R), TO REPRESENT ME (US) UNDER THE FOLLOWING TERMS AND COND1T10NS: A & R may on my (our) behalf secure medical, work and other similar records, conduct an investigation. negotiate, and if necessary start suit against anyone responsible for my (our) injuries and losses with respect to GCU~^~ a/i aao'' cdu.~ ~/mil /e~ ,with full power and authority to appear on behalf of the undersigned in any Court of record or in any administrative or other proceeding, to do and perform all and every act and thing whatsoever that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned might or could do if personally present; hereby ratifying and confirming all that said attorneys shall lawfully do or cause to be done therein by virtue of this power of attorney. 2. I (we) understand that so long as the case is handled by an A & R attorney, 1 (we) will not be responsible for any fees and/or expenses unless a recovery or benefit is obtained. If my (our) case is handled to a successful completion by an A & R attorney, I (we) agree to pay A Bc R all reasonable out-of-pocket expenses without the payment of interest, plus a fee for time expended as follows: A&R ME(US) a. SETTLEMENT PRIOR TO STARTING SUIT 30% 70% b. SETTLEMENT FOLLOWMG SUIT BUT PRIOR TO TRIAL OR ARBITRATION 35% 65% c. SETTLEMENT OR VERDICT AT TRIAL OR ARBITRATION, AFTER TRIAL, ARBITRATION, OR APPEALS OR SHORTLY BEFORE TRIAL AND AFTER CASE HAS BEEN TOTALLY PREPARED 40% GO% d. IF NO-FAULT RECOVERY OR NON-MONETARY BENEFIT: RICHARD C. ANGINO ($500); NEIL 1. ROVNF.R ($450); ASSOCIATES ($400) PER HOUR BUT NOT TO EXCEED 4O% OF TOTAL RECOVERY OF VALUE OF BENEFIT e. OTHER CASES 4. If my (our) case was forwarded/referred to A&R by another attorney or law firm, A&R may pay a portion of its fee to forwarding counsel. You will not pay a larger fee because of the fee splitting arrangement. 5. If for any reason I (we) take my (our) case to another attorney or law firm including a former A & R attorney or handle it myself (ourselves), I (we) recognize that A & R has, in good faith, expended money and time for my (our) benefit and I (we) therefore agree to pay, or have my (our) new attorney pay, immediately, upon severing the A & R attorney/client relationship, all the out-of-pocket expenses incurred on my (our) case plus interest at the rate of 6% per annum from the date of each expenditure. In addition, when the case is successfully concluded, 1 (we) agree to pay or to direct my (our} new attorney to pay as a fee 20% of the gross recovery to A & R. 6. In the event that any settlement is made on a structured or deferred payment basis, A & R shall be entitled to receive their percentage based on the present value of the structured settlement, if paid as a lump sum at the time of settlement. 7. If by settlement or operation of law, benefits are to be paid periodically in the future, the attorneys' fee due to Angino & Rovner, P.C., on such benefits will be calculated by taking the present value of such future payments at the time of the award based upon the then existing federal funds discount rate and will be paid in a lump sum to the attorneys at the time of settlement or verdict. I (we) agree not to settle or discuss settlement of my (our) case without the written consent of A & R. 208219 (revised 8/06) PLEASE COMPLETE SECTION BELOW PERSONAL INFORMATION Receiving Support from Dept of Welfare ar Public Assistance (Including Cash) yes No (circle one) Receiving Medicare/Medicaid Yes No (circle one) Under child support order? Yes X10 ~ (circle one) Are you in.arrearages with child support? Yes No (circle one) Inj ured's Name !1 P ,rt e ~ /~ a ~~ Injured's Social Security Number / ~ 9 ~ ~ ~ -- ~ ~ ~ ~ Injured's Date of Birth ~ ,1 .J' ,!~ Address Street ~ ~ ~ f „Y~/ T ~ ~~ City, State, Zip ~ ; c~~"' /-~. /7 af./~ E-Mail Address Telephone Home 6 ~ ~~-- ~ ~ f f Work ~ ~ ~ ' C/ .~~ Cellular ~~~' - 6~ ~f f' BY SIGNING THIS AGREEMENT, THIS ~ DAY OF J t !W"~~- , 20G~, I {WE) ACKNOWLEDGE THAT I (WF) H.AVI? RI?.~D. UNDERSTOOD, AND RECENED A COPY OF SAME AND AGREE W H lTS TERMS AND CONDITIONS. CL ..TT' ): ~~---~(S€AL) (SEAL) I reco~niz~hat in order to investigate my claim, Angino &Rovner, P.C., will obtain my medical records and other personal medica( information. I understand Angino &Rovner may disclose my medical infornation to experts, insurance carriers, defendants, ether attorneys and/or other individuals necessary to pursue my case. I have been informed that I havz the right to privacy in my medical records under the Health Insurance Portability and Accountability Act, 42 U.S.C. ~ 1320, et seq. If this Act would be deemed to apply to disclosures made by Angino & Rovner, I hereby waive any rights I may have under the aforementioned Act and hereby hold Angino ov r, P.C., harmless for any actions which may be affected by HIPAA or the regulations thereunder. Client's initials I understand that Angino &Rovner will retain my file for a period of five years after the conclusion of my case. I further acknowledge that Angino &Rovner will destroy my file at the end of the five year period. Exceptions to this policy may include cases involving minors, annuities/structured settlements, and worker's compensation cases settled by partial compromise and release. I yhCav ~ect~tion that my file will be retained permanently. Clien albs 11 I (We) acknowledge that pursuant to Act 109 of 2006 which became law on July 7, 2006 that a statutory lien has been created by the Pennsylvania Legislature which requires me (us) to provide information concerning any Orders or Agreements to pay child support and any arrearages that may be due at the time of settlement or verdict. I (we) also recognize that the law requires the law firm of Angino and Rovner, P.C. to verify with the Pennsylvania Department of Public Welfare whether there are any arrearages in my (our) support obligation at the time of settlement. I (we) understand that the law requires my attorney pay the amount of the arrearages to the Pennsylvania State Disbursement Unit prior to the distribution to me of the net proceeds of any settlement or award to me in any case where the net proceeds to client exceed $5000.00. I acknowledge that if there are child support arrearages owed at the time ot~ settle nt r v~rdipt that it is statutory lien which Angino and Rovner, P.C. must confirm and honor. Client's itials ) 2082 t 4 (revised 8/06) EXHIBIT I t • - ~ ALAN E. VANSANT, M.D. REHABILITATION MEDICINE ELECTRODIAGNOSIS American ~oard of Physical Medicinc ~ Rehabi)itation American ~oard o~ ~lectrodiagnostic Medicine Fe))ow American Academy Disa6i)ity ~va)uatin¢ j'hysicians April 1, 2009 Daniel K. Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 RE: MOOSE, RENEE DOB: 3/25/1952 YOUR FILE NO.: 3050.487 Dear Attorney Deardorff, This is in response to your letter of March 30th, 2009 concerning office visits with Dr. Lupinacci for Renee Moose as well as the MRI of February 4th, 2009. I reviewed uar a 4t h 1 2009 ava able Dor rev iewc at the dtimeaof her MRI of Feb y IME on March 18th, 2009. The additional records do not change any of the opinions that I expressed in my independent medical exam. The cerviconl Settember h21st he2005 ewouldecertainly haver resolved accident p within a month or two following the accident. As I stated her current symptoms and her treatment are related to her longstanding degenerative disc disease in the cervical spine. Respectfully submitted, Alan E. VanSant, M.D., FAp,DEP,CIME AVS:rem d&t: 4/1/09 Springdale Medical Center 9 Rathton Road York, PA 17403 Phone 717-846-3877 Fax 717-845-6141 ALAN E. VANSANT, M. D. REHABILITATION MEDICINE American ~joard o~ Ptiysicaf Medicine Fy Re~abi~itation ELECTRODIAGNOSIS American ~oard o~ E~cctrodiagnostic Medicine ~e~~ow American Academy pisabi~ity ~va~uatin~ Physicians March 18, 2009 Daniel Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAAID ( VS ) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 Dear Attorney Deardorff, Ms. Moose was seen for independent medical examination today. Prior to the evaluation I reviewed records which included those from PRISM, Dr. Luppinacci, Dr. Rychak, Dr. Powers, Dr. Grubb, Dr. Cincotta, physical therapy notes, MRI's of her cervical spine. She was accompanied by her husband and a paralegal. Findings in this case follow. History Ms. Moose states she was involved in a motor vehicle accident September 21st, 2005. She was the seatbelted driver of a car which was hit on the front fender and grazed the driver's door sustaining about $3000.00 damage. She went home following the accident. States her left shoulder was sore and she had pain from the seatbelt and developed a bruise. in that area. She saw her family physician, Dr. Powers, and was off work that day and the 22nd and then returned to work in her regular job but with a 10 pound weight restriction. Her family physician, Dr. Cincotta started physical therapy, however this was not of benefit and she was discharged from therapy on November 29, 2005. She continued to see Dr. Cincotta but had no arm symptoms until her onset on May 9th, 2006. She had an MRI of the cervical spine. On May 16th, she fell forward and sustained a fracture of the left patella and a quadriceps tear. She had surgical repair and was off work for about three months and then returned to work in her regular job. Springdale Medical Center 9 Rathton Road York, PA 17403 Phone 717-846-3877 Fax 717-845-6141 Daniel Deardorff, Esq. -2- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 She began treating at PRISM Rehab June 20th, 2006. She had an epidural steroid in August of 2006 which was not helpful. She was referred to Dr. Powers and had surgery on January 22nd, 2007, a cervical laminectomy from C3 to C6. She was allowed to return to work in late February with a 30 pound weight restriction. She did have physical therapy and was referred to PRISM in July of 2007. She is being treated with medications and apparently is on Prozac, Trazodone, Gabapentin and a Fentanyl patch every 48 hours. She had one Botox injection, apparently had a reaction to this, requiring steroids. She is not receiving any other treatment or medications at this point. When asked about problems with her neck prior to the auto accident. She states she did have neck pain and was seen by her family physician, given physical therapy and medications. She did have a second arthroscopic knee surgery January 2008 and was off work a few days, had physical therapy for approximately eight months. At this point she states she has pain in the neck, both shoulders and the occiput is sore and tender at times. She has difficulty sleeping and finding a comfortable position. Looking down for long periods causes pain. At time it radiates into the right arm. She has numbness of her fingers and a feeling of weakness of the right arm. Job History She has been at the Wilson Pollack Center working with mentally challenged individuals. She is working currently as a workshop supervisor training and teaching individuals to do various jobs. Daniel Deardorff, Esq Medical Record Re~Tiew -3- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 1-17-2001, Heritage Diagnostic Center, X-ray C Spine, Comment: There is only minimal narrowing of the cervical spine disc spaces at C3 through C7. There is no evidence of significant marginal spurring. Mild anterior slippage of C5 may be present with respect to C6. 2-5-2001, Mark R. Grubb, M.D., Orthopedic Institute of Pennsylvania, Office Note: Diagnosis: 1. Pain-cervical spine. 2. Spondylosis-cervical spine. Plan: I think additional study would be helpful given the persistent and long standing nature of her complaints. 2-8-2001, MRI Scan of the Cervical Spine, Community Imaging Associates, Thomas Pietras, D.O., Impression: 1. Bulging of the disc with small right-sided disc protrusion at C3-4. 2. Bulging of the disc at C4-5. 3. Mild neural foraminal narrowing bilaterally at C3-4 and C4-5. 2-23-2001, Mark R. Grubb, M.D., Orthopedic Institute of Pennsylvania, Office Note: Diagnostic Tests.: MRI dated 2/8/01 shows bulging of the discs and a small right-sided disc protrusion at C3-4. There is a disc bulge at C4-5. there is some mild neural foraminal narrowing at C3-4 and C4-5. Diagnosis: 1. Pain- cervical spine. 2. Spondylosis-cervical spine. 9-29-2005, Joseph Cincotta, M.D, Shepherdstown Family Practice, Office Note: She has an underlying history of DJD and is on Diclofenac 50 mg twice a day on a routine basis. 12-5-2005, Joseph Cincotta, M.D, Shepherdstown Family Practice, Office Note: She was recently discharged from physical therapy as they felt she has achieved maximum benefit. 5-11-2006, Heritage Diagnostic Center, MRI C Spine WO Cont, Diagnosis: Disc and bony spurring resulting in narrowing, left greater than right, at C3-4 and C4-5. Daniel Deardorff, Esq. -4- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 6-20-2006, Michael F. Lupinacci, M.D., PRISM, Electromyography Impression: 1. Abnormal Study. 2. Left C6 radiculopathy. 1-22-2007, Pinnacle Health System, Operative Report, Stephen Powers, M.D., Postoperative Diagnosis: C3 to 6 stenosis with myelopathy. Procedure Performed: C3, 4, 5 and 6 bilateral laminectomies without foraminotomies or facetectomy (CPT code #63015). 1-22-2007, Pinnacle Health System, History and Physical, Stephen Powers, M.D., History of Present Illness: Renee is a 55 year-old right hand dominant white female who has a history of neck pain especially on the left side with pain and paresthesia in to her left arm. She fell in May 2006, fracturing her left knee cap. Her arm pain has been getting significantly worse and has been taking Vicodin which is no longer controlling her pain. 2-4-2009, Magnetic Imaging Center, Mechanicsburg PA. MRI Cervical Spine. Impression: There is apparent interval worsening of the cervical kyphosis since the prior examination. Multilevel intervertebral disc degenerative changes are noted. Disc and osteophyte complex indent the ventral canal at multiple levels. Laminectomy changes. are noted extending from C3 through C6. Of concern is a prominent right central focal disc protrusion identified at C5-C6 level extending into the right anterolateral recess and foramina. This is new since the available prior MRI. Clinical Examination She presented as a cooperative, 56-year-old lady, 5'6" in height weighing 126 pounds. She is right handed. On examination of the cervical spine she developed 70 degrees of right and left lateral rotation, 30 degrees of right and left lateral bending, 40 degrees of flexion, 20 degrees of extension. Daniel Deardorff, Esq. -5- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 There was a well-healed surgical incision in the posterior cervical area with a wide cervical laminectomy defect. The cervical upper trapezius muscles were hypertonic and did not relax well on lateral bending. The deep tendon reflexes are present and equal in the upper extremities. She had good strength throughout the arms and hands without atrophy. There did appear to be decrease in sensation to the 4.31 monofilament throughout the right hand and distal ulnar forearm. Grip strength in the mid position on the right was 20, 18 and 14 pounds and the left 10, 20 and 20 pounds. Grip strength in five different positions on the right was 17, 20, 17, 15 and 14 and on the left 17, 21, 15, 17 and 20 pounds. Summary and Conclusions Ms. Moose was involved in a motor vehicle accident on September 21st, 2005. She had neck and left shoulder pain following the accident, was off work the next day and then returned to work in her regular job. She followed with her family physician, Dr. Cincotta, had physical therapy, but did not have any arm symptoms until May 2006. On May 16th, 2006 she fell sustaining a fracture of the patella and a quadriceps tear requiring surgery. She was off work for three months. She began treatment with PRISM Rehab in June 2006 and had a cervical laminectomy from C3 to C6 by Dr. Pollack in January 2007. She had a second arthroscopic knee surgery in January 2008. Medical records indicate that she had x-ray evidence of degenerative changes in the cervical spine at multiple levels in January of 2001. Daniel Deardorff, Esq. -6- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 She was seen by Dr. Grubb in February 2001 for spondylosis of the cervical spine. Dr. Grubb indicated that she had persistent and longstanding complaints regarding her cervical spine. MRI February 2001 showed bulging disc and disc protrusion at C3-4 and degenerative changes at several levels. Office note on September 29th, 2005 by Dr. Cincotta states she had an on and off history of degenerative joint disease and was on Diclofenac 50 mgs. twice a day on a routine basis. Dr. Powers note on January 22nd, 2007 relates her neck complaints to the fall in 2006 and significant worsening of her neck pain that is not controlled with Vicodin. On examination there was limitation of motion of the cervical spine, she had a defect secondary to the cervical laminectomy in the posterior cervical area. There may have been decreased sensation in the right hand, otherwise she had good strength without atrophy throughout both upper extremities. In my opinion the injury from the motor vehicle accident September 21st, 2005 was a cervical strain with longstanding evidence in the medical records of degenerative disc disease of the cervical spine requiring treatment and was on Diclofenac for her cervical symptoms at the time of the motor vehicle accident. The arm symptoms began in May 2006. Her fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007. She is currently working as a workshop supervisor with a 10 pound weight restriction. She could continue in that position despite her cervical symptoms. The restrictions are related to the degenerative joint disease and her subsequent surgery for that Daniel Deardorff, Esq. -7- March 18, 2009 RE: MOOSE, RENEE AND KENNETH MOOSE HER HUSBAND (VS) BETSY SHERLOCK DOB: 3-25-1952 NO. 07-4685 - CUMBERLAND COUNTY CCP YOUR FILE NO.: 3050.487 problem. She will need continued medical follow-up for her cervical symptoms. Respectfully submitted, Alan E. VanSant, M.D., FAADEP,CIME AVS:rem Enclosure d: 3/18/09 t: 3/19/09 EXHIBIT J ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik cnvr angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON YLI/AS CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW N0.07-4685 CIVIL TERM NRY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS AND INTERROGATORIES TO DEFENDANT PURSUANT TO Pa.R.C.P. 4014 TO: Defendant Betsy Sherlock and her counsel Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Admit that at no time did Plaintiff Renee Moose suffer an injury or complain of anything related to her neck or low back immediately after and during her initial treatment for 411517 her work related injury to her knee on May 16, 2006. See Holy Spirit Hospital records dated May 16, 2006 through May 19, 2006 attached as Exhibit A. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 2. Admit that at no time did Plaintiff Renee Moose suffered any injury or complained of anything related to her neck or low back while treating with the orthopedic doctor for her May 16, 2006 work-related knee injury on the following dates: May 17, 2006, June 5, 2006, July 10, 2006, September 18, 2006, or January 9, 2007. See Orthopaedic Surgeons of Central PA records attached as Exhibit B. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 3. Admit that at no time did Plaintiff Renee Moose suffer any injury or complain of anything related to her neck or low back while treating with Drayer Physical Therapy for her work-related knee injury on the following dates: October 10, 2006, October 12, 2006, October 13, 2006, October 18, 2006, October 23, 2006, October 25, 2006, October 26, 2006, October 30, 2006, October 31, 2006, November 2, 2006, November 3, 2006, November 6, 2006, November 8, 2006, November 13, 2006, November 21, 2006, November 27, 2006, November 28, 2006, 411517 December 4, 2006, December 6, 2006, December 7, 2006, December 11, 2006, December 13, 2006, December I5, 2006, December 19, 2006, December 22, 2006, December 26, 2006, December 28, 2006, December 29, 2006, January 2, 2007, January 4, 2007, January 5, 2007, and January 10, 2007. See Drayer Physical Therapy records attached as Exhibit C. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 4. Admit that at no time did Plaintiff Renee Moose suffer any injury or complain of anything related to her neck or low back while treating with Drayer Physical Therapy for her work-related knee injury on the following dates: January 25, 2008 through February 28, 2008. See Drayer Physical Therapy records attached as Exhibit D. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 5. Admit that at no time did Plaintiff Renee Moose suffer any injury or complain of anything related to the neck or low back as a result of her May 16, 2006 work-related injury to her left knee while treating with Hershey Medical Center on May 10, 2007, December 3, 2007, January 15, 2008, January 16, 2008, January 22, 2008, January 28, 2008. See Hershey Medical Center records attached as Exhibit E. Admit Deny 411517 If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 6. Admit that before her work-related injury on May 16, 2006 to her left knee, Plaintiff Renee Moose was seen by her family physician, Dr. Joseph Cincotta, because of ongoing problems with pain in her left posterior neck, left shoulder, radiating down her left arm which had been persistent and non-responsive to therapy. See Dr. Joseph Cincotta's office notes of May 9, 2006 attached as Exhibit F. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. ?. Admit that before her work-related injury to her left knee on May 16, 2006, Plaintiff Renee Moose had been prescribed an MRI of her cervical. spine, an EMG of her upper left extremity, and Dr. Cincotta was considering a course of epidural injections and/or surgical consult. See Dr. Joseph Cincotta's office notes of May 9, 2006 attached as Exhibit F. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 411517 8. Admit that on May 11, 2006, before her work-related injury to her left knee on May 17, 2008. Plaintiff Renee Moose underwent an MRI of her left knee. Plaintiff Renee Moose underwent an MRI scan of her cervical spine which showed "At C4-5 there is diffuse disc bulge. There is broad-based central disc protrusion. there is disc material extending into the neural foramen, Left greater than right, resulting in moderate to severe left neural foramina) stenosis and moderate right neural foramina) stenosis with moderate central canal stenosis." See MRI report of May 11, 2006 attached as Exhibit G. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 9. Admit that on June 20, 2006, Plaintiff Renee Moose underwent an EMG with Dr. Michael Lupinacci at the request of Dr. Cincotta at which time she reported left arm, neck, and shoulder complaints almost identical to the complaints she made to Dr. Cincotta prior to her work-related injury on May 16, 2006 and that the EMG study on that day showed a left C-6 radiculopathy. See June 20, 2006 report and letter from Dr. Lupinacci attached as Exhibit H. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 10. Admit that on August 29, 2006, Plaintiff Renee Moose was evaluated by Dr. Peter A. Paphill at Pennsylvania Neurosurgery and Neuroscience Institute, Inc, at the request of Dr. 411517 Cincotta at which time she gave a history of neck and left arm complaints and treatment directly relating to the motor vehicle accident on September 5, 2005 and for which Dr. Paphill recommended surgery which was later performed by Dr. Stephen Powers in January, 2007. See office note of Dr. Paphill dated August 29, 2006 attached as Exhibit I. Admit Deny If your answer to this question is anything but an unequivocal admission, please state what facts, witnesses, and testimony you will rely upon at trial in support of your answer. 411517 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 16 day of June 2009 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 (717) 243-3341 ID #: 17837 Attorney for Defendant ,~ 1 Michelle M. Mil evich 411517 EXHIBIT K Fr~F1LES'~Clients~3050 DonegaNCutrent`A87~3030.487.res.req.adm2/ajt Created; 920/04 0:06PM Revised: 6/19!09 3:SOPM 305D.487 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 RENEE MOOSE and KENNETH MOOSE, her husband, Plaintiffs v. BETSY SHERLOCK, Defendant : 1N THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 07-4685 CNIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSE TO PLAINTIFFS' I~ZUEST TO ADMISSIONS AND INTERROGATORIES 1. Denied. The Holy Spirit records speak for themselves and apparently contain no mention of any injury or complaints to the neck or low back area. However, Defendant cannot unequivocally admit that Plaintiff did not suffer an aggravation or injury to her neck or low back after she fell at work on May 16, 2006. Dr. Stephen K. Powers stated in this report of December 13, 2006, after meeting with Plaintiff that: "She [Plaintiff; fell in May 2006 fracturing her left knee cap. She states she slipped on a wet floor at the time .... She has had an exacerbation of this neck pain and arm pain." Moreover, in his History and Physical dated January 19, 2007, just before the surgery to Plaintiff s neck, Dr. Powers stated that the fall in May 2006 was a relevant part of the history of her neck problem. Finally, after meeting with the Plaintiff, obtaining a history from her, reviewing her medical records, and examining her, Dr. VanSant's opinion was that the "fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007." Defendant will present Dr. VanSant as a witness who will testify as to the above. 2. Denied. The orthopedic surgeon's records speak for themselves and apparently contain no mention of any injury or complaints to the neck or low back area. However, Defendant cannot unequivocally admit that Plaintiff did not suffer an aggravation or injury to her neck or low back after she fell at work on May 16, 2006. Dr. Stephen K. Powers stated in this report of December 13, 2006, after meeting with Plaintiff that: "She [Plaintiff) fell in May 2006 fracturing her left knee cap. She states she slipped on a wet floor at the time .... She has had an exacerbation of this neck pain and arm pain." Moreover, in his History and Physical dated January 19, 2007, just before the surgery to Plaintiff's neck, Dr. Powers stated that the fall in May 2006 was a relevant part of the history of her neck problem. Finally, after meeting with the Plaintiff, obtaining a history from her, reviewing her medical records, and examining her, Dr. VanSant's opinion was that the "fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007." Defendant will present Dr. VanSant as a witness who will testify as to the above. 3. Denied. The Drayer Physical Therapy records speak for themselves and apparently contain no mention of any injury or complaints to the neck or low back area. However, Defendant cannot unequivocally admit that Plaintiff did not suffer an aggravation or injury to her neck or low back after she fell at work on May 16, 2006. Dr. Stephen K. Powers stated in this report of December 13, 2006, after meeting with Plaintiff that: "She [Plaintiff) fell in May 2006 fracturing her left knee cap. She states she slipped on a wet floor at the time .... She has had an exacerbation of this neck pain and arm pain." Moreover, in his History and Physical dated January 19, 2007, just before the surgery to Plaintiff s neck, Dr. Powers stated that the fall in May 2006 was a relevant part of the history of her neck problem. Finally, after meeting with the Plaintiff, obtaining a history from her, reviewing her medical records, and examining her, Dr. VanSant's opinion was that the "fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007." Defendant will present Dr. VanSant as a witness who will testify as to the above. 4. Denied. The Drayer Physical Therapy records speak for themselves and apparently contain no mention of any injury or complaints to the neck or low back area. However, Defendant cannot unequivocally admit that Plaintiff did not suffer an aggravation or injury to her neck or low back after she fell at work on May 16, 2006. Dr. Stephen K. Powers stated in this report of December 13, 2006, after meeting with Plaintiff that: "She [Plaintiff) fell in May 2006 fracturing her left knee cap. She states she slipped on a wet floor at the time .... She has had an exacerbation of this neck pain and arm pain." Moreover, in his History and Physical dated January 19, 2007, just before the surgery to Plaintiff s neck, Dr. Powers stated that the fall in May 2006 was a relevant part of the history of her neck problem. Finally, after meeting with the Plaintiff, obtaining a history from her, reviewing her medical records, and examining her, Dr. VanSant's opinion was that the "fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007." Defendant will present Dr. VanSant as a witness who will testify as to the above. 5. Denied. The Hershey Medical Center records speak for themselves and apparently contain no mention of any injury or complaints to the neck or low back area. However, Defendant cannot unequivocally admit that Plaintiff did not suffer an aggravation or injury to her neck or low back after she fell at work on May 16, 2006. Dr. Stephen K. Powers stated in this report of December 13, 2006, after meeting with Plaintiffthat: "She [Plaintiffs fell in May 2006 fracturing her left knee cap. She states she slipped on a wet floor at the time .... She has had an exacerbation of this neck pain and arm pain." Moreover, in his History and Physical dated January 19, 2007, just before the surgery to Plaintiff s neck, Dr. Powers stated that the fall in May 2006 was a relevant part of the history of her neck problem. Finally, after meeting with the Plaintiff, obtaining a history from her, reviewing her medical records, and examining her, Dr. VanSant's opinion was that the "fall in May of 2006 resulted in increased cervical pain and resulting in her cervical laminectomy in January 2007." Defendant will present Dr. VanSant as a wifiess who will testify as to the above. 6. Denied as stated. The note of Dr. Cincotta dated May 9, 2006, speaks for itself. However, Dr. Cincotta, in his deposition, acknowledged that there were times that Plaintiff did not have radiating arm pain when he saw her in the six (6) months after the motor vehicle accident in September of 2005 and that prior to the accident, Plaintiff had neck pain. See deposition testimony of Dr. Cincotta and report of Dr. VanSant. Dr. VanSant will testify to above. 7. Denied as stated. Dr. Cincotta's note speaks for itself and indicates he "will proceed" with the MRI and EMG and that he was considering a "specialty" evaluation. See Dr. Cincotta's deposition and report of Dr. VanSant. Dr. VanSant will testify to above. 8. Denied as stated. Plaintiff's injury to her left knee was not on May 17, 2006, but on May 16, 2006. It is denied that Plaintiff had an MRI of her left knee on May 11, 2006. Admitted that Plaintiff had an MRI of her cervical spine, the report of which speaks for itself. See the report of Dr. VanSant. Dr. VanSant will testify to above. r 9. Denied as stated. The note of Dr. Lupinacci dated June 20, 2006, speaks for itself, but it is denied that Plaintiff had left arm, hand and shoulder complaints consistently and throughout her visits with Dr. Cincontta in the six (6) months after the motor vehicle accident but before the work injury of May 16, 2006. The answer to No. 6 is incorporated herein by reference. See deposition testimony of Dr. Cincotta and the report of Dr. VanSant. Dr. VanSant will testify to above. 10. Denied as stated. The note attached as Exhibit I is not from Dr. Paphill, but from a Dr. Paha~. Said note speaks for itself. Assuming Dr. Paphill is meant to refer to Dr. Pahapill, it is denied that said note "directly relates" the neck and left arm complaints to the motor vehicle accident. To the contrary, Plaintiff did not have left arm complaints for six (6) months after the motor vehicle accident. Moreover, Plaintiff had neck complaints before the motor vehicle accident and was taking medication for arthritis. See deposition of Dr. Cincotta and the report of Dr. VanSant. Dr. VanSant will testify to above. Respectfully Submitted, MARTSON LAW OFFICES sy ~' Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: ~Q~~ 1~ ~~ CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Response to Plaintiffs' Request to Admissions and Interrogatories was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Hamsburg, PA 17110-1708 MART,S.pN LAW OFFICES By Ten East Hi~fStreet Carlisle, PA 17013 (717) 243-3341 Dated: ~ ~~ `~- EXHIBIT L ~ ~ , ~JAffGU"RU.. LITHO USA SFSL3 CK7S08113L ANGINO AND ROVNER, P.C. HARRISBURG, PA 17110 VENDOR: ORTHOPAEDIC SURGEONS OF CENTRAL PENNSYLVANIA, LTD. 550 N. 12TH STREET LEMOYNE, PA 17043 CHECK DATE: 7/21/2009 CHECK NUMBER: 79703 7 9 7 0 3 INVOICE AMOUNT.....: 1,600.00 INVOICE NUMBER.....: INVOICE DESCRIPTION: DE PO. FEE VENDOR NUMBER......: 10382 EXPENSE BREAKDOWN AMOUNT FILE# FILE DESCRIPTION G/L# G/L ACCOUNT DESCRIPTION 1,600.00 06177 MOOSE, RENE 711 INVESTIGATION EXPENSE 1,600.00 <-- CHECK AMOUNT 17m SF1370380T-1 REORDER FROM VOUR LOCAL SAFEGUARD DISTRIBUTOR, IF UNKNOWN, CALL 800-523-2422 i HM3T7W0010000 L95LC010406 EXHIBIT M Hughes, Albright, Foltz & Natale Reprorting Service, Inc. 2080 LINGLESTOWN ROAD, SUITE 103, HARRISBURG, PA 17110 Harrisburg 717-540-0220 Fax 717-540-0221 Lancaster 717-393-5101 TO: Michael E Kosik, Es ire IRS NUMBER 23-2345714 Angino & 4503 North Front Street INVOICE NUMBER:36487 H s PA 17110 17-238-6 91 / DATE: September 3, 2009 RE: Moose v erlock CCP/ erland County, PA TERMS: NET 30 DAYS 7-4685 REPORTER: Ts Please enclose copy with your payment. Show our invoice number on your check. Deposition of John S. Rychak, M.D. held August 31, 2009 @ 550 North 12th Street, Lemoyne, PA Attendance of reporter ~ 50.00 38 pp of testimony @ 2.95 ~ 112.10 164 pp of b/w exhibits @ .25 ~ 41.00 Delivery ~ 6.85 ANGINO AND ROVNER, Pc. $ 0118 HARRISBURG, PA 17110 CHECK DATE: 9/YO/2009 CHECK NUMBER: 80118 VENDOR: HUGHES,ALHRIGHT,FOLTZ & NATALE INVOICE AMOUNT......: 409.10 REPORTING SERVICE, ZNC. INVOICE NUMBER.....: 36389 & 36487 2080 LINGLESTOWN ROAD, STE 103 INVOICE DESCRIPTION: DR LIPPE & DR RYCHAK DEPO - HARRISBURG, PA 17110 VENDOR .NUMBER.....:: 89 EXPENSE BREAKDOWN AMOUNT FILE# .FILE DESCRIPTION - G/L# G/L ACCOUNT DESCRIPTION 194.15 05025 QAMAR,. MUHAMhtAD KALIM 711 INVESTIGATION EXPENSE 209.95. 06177 MOOSE, RENE .711 INVESTIGATION EXPENSE .409.10 <-- CHECK AMOUNT CERTIFICATE OF SERVICE AND NOW, this ls` day of October 2009 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' MOTION FOR SANCTION OF EXPENSES AND ATTORNEY'S FEES FOR DEFENDANT' S UNJUSTIFIED REFUSAL TO ADMIT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 ------_ Michelle M. Milojevich 'fit. ~~k~ ~~ ~~~~~` Z~ig OCT -1 PM i ~ 2 i C4~Ya1i.l~3(1Llry..~+~ :l`(~~y,4/ ~~.y~I''{iw~%r4V~ ~~! •1 Y~ • 5~~~"U ! V 5 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. IN THE COURT OF COMMON PLEA5 CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO.07-4685 CIVIL TERM BETSY SHERLOCK, Defendant JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO AWARD DELAY DAMAGES PURSUANT TO Pa.R.C.P. 238 Plaintiffs Renee Moose and Kenneth Moose, her husband, by and through their counsel, Angino & Rovner, P.C., requests that this Honorable Court award delay damages pursuant to Pa.R.C.P. 238, and in support thereof, aver the following: 1. As a result of the personal injuries that Plaintiff Renee Moose sustained in a motor vehicle accident that occurred on September 21, 2005, Plaintiff filed a Complaint on August 7, 2007, against Defendant Betsy Sherlock. 2. The Defendants were served with the Complaint by the Sheriff on August 13, 2007. 3. After completion of discovery, Plaintiffs, through their counsel, listed the case for trial and the case was heard by a jury in which the Honorable Edward E Guido presided from September 21, 2009 through September 23, 2009. 420990 4. On September 23, 2009, the jury returned a verdict in favor of Plaintiffs Renee and Kenneth Moose in which Plaintiff Renee Moose was awarded $36,621.21 in damages. See jury verdict slip attached as Exhibit A. 5. Prior to the trial, the parties had had settlement discussions, and the last written offer from the Defendant was $25,000 which was communicated to Plaintiffs in a letter from defense counsel on August 20, 2008. See defense counsel's letter attached hereto as Exhibit B. 6. Defendant's last written offer before trial was more than 125% less than the jury's verdict, and therefore, Plaintiff is entitled to seek delay damages from the Defendant. 7. Plaintiffs Renee and Kenneth Moose did not cause a delay of the trial. Therefore, Plaintiffs Renee and Kenneth Moose are entitled to delay damages. Pa.R.C.P. 238(b)(2). 8. Delay damages are to be awarded from the date one year after the original process was first served upon Defendants up until the date of the verdict. Pa.R.C.P. 238(a)(2}. 9. Delay damages are calculated at the rate equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which damages are awarded plus one percent, not compounded. Pa.R.C.P. 238(a)(3). 10. Given that original process was served upon the Defendant on August 13, 2007, delay damages began to run as of August 13, 2008. 11. The prime rate as listed in the first edition of the Wall Street Journal on January 1, 2008, was 7 1/4% and, therefore, the rate of delay damages for 2008 would be 8 %a% Delay damages for Plaintiffs Renee and Kenneth Moose during the year of 2008 would be $1,159.20 (140 days x $ 8.28 per day = $1,159.20). 12. The prime rate as listed in the first edition of the Wall Street Journal on January 1, 2009, was 3 1/4% and, therefore, the rate of delay damages for 2009 would be 4 '/a% Delay 420990 damages for Plaintiffs Renee and Kenneth Moose during the year of 2009 would be $1,133.16 (266 days x $4.26 per day = $1,133.16). 13. Therefore, the total delay damages due and owing to Plaintiffs Renee and Kenneth Moose is $2,292.36 (1,159.20 + $1,133.16 = $2,292.36.) WHEREFORE, Plaintiffs Renee and Kenneth Moose requests that Your Honorable Court award delay damages totaling $2,292.36 molding the verdict to reflect the jury award of $36,621.21 against the Defendants plus delay damages for a total verdict of $38,913.57 and entering judgement against Defendant Betsy Sherlock. P.C. Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 171 IO (717) 238-6791 -phone (717) 238-5610 -fax mkosik@angino-rovner.com Attorney for Plaintiffs Dated: 10/ ll09 420990 EXHIBIT A t ,,~-. RENEE MOOSE and IN THE COURT OF COMMON PLEAS OF KENNETH MOOSE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BETSY SHERLOCK, N0.2007 - 4685 CIVIL TERM Defendant ~ :CIVIL ACTION -JURY TRIAL VERDICT QUESTION # 1 DO YOU FIND THAT DEFENDANT WAS NEGLIGENT? YES NO IF YOU ANSWER QUESTION 1 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTION AND SHOULD RETURN TO THE COURTROOM. 4UESTION # 2 WAS DEFENDANT' S NEGLIGENCE A FACTUAL CAUSE IN BRINGING ABOUT HARM TO PLAINTIFF RENEE MOOSE? V NO YES IF YOU ANSWER QUESTION 2 "NO," PLAINTIFF CANNOT RECOVER AND YOU SHOULD NOT ANSWER ANY FURTHER QUESTIONS AND SHOULD RETURN TO THE COURTROOM. Y ,; QUESTION # 3 STATE THE TOTAL AMOUNT OF DAMAGES YOU FIND PLAINTIFF RENEE MOOSE SUSTAINED OR WILL SUSTAIN AS A RESULT OF DEFENDANT' S NEGLIGENCE. I! i (a.) PAST MEDICAL EXPENSE $ i ~ ~ a 1 a (b.) FUTURE MEDICAL EXPENSE $ (c.} PAST LOST WAGES $ 1/T~ ~~ + ~- ~ (d.) NON-ECONOMIC LOSS $ ~ V ~ [l( lQ,~ o ~+ QUESTION # 4 TOTAL $ 3 I STATE THE TOTAL AMOUNT OF DAMAGES SUSTAINED BY PLAINTIFF KENNETH MOOSE IN CONNECTION WITH THE LOSS OF CONSORTIUM CLAIM. DAB a o TOTAL $ i ~~~~n ~n~-~s 9 " ~~, 1J A _ EXHIBIT B 1 A~'~OT~I EAIt]DO~_ ? W ILLIAMS OTTO ~....I:I.,I~t3'Y & CALLER MARTSON LAW OFFICES Wu.LIAM F MARTSON JOHN B. FOWLER III DANIEL. K. DEARDORFF THOMAS J. WILLLAMS* No V. OTro III HUBERT X. GILROY GEORGE B. FALLER JR* DAVID A. FITZSIMONS CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH ~: MOSEBEY TRUDY E. FEHLINGER KATIE J. MAXWELL 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET WWW.m2tt5o1119W.COm August 20, 2008 Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Hamsburg, PA 17110-1708 `BOARD CERTIFIED CML TRIAL SPECIALIST RE: Renee Moose and Kenneth Moose, her husband, v. Betsy Sherlock No.: 07-4685 -Cumberland County C. C. P. Our File No.: 3050.487 Dear Mike: Thank you for forwardingthe no-fault information showing that the Plaintiff, Renee Moose, had full tort. We have discussed this case and the carrier is willing to offer $25,000.00 to settle this case. We feel that there is a clear problem with the current surgery your client had to her neck, which did not occur until a year and a half later. We feel that we have a good IME with Dr. Peppelman, who found symptom magnification and questionable causal relationship with the surgery. Your client had an intervening workers' compensation injury where she fell. We also feel that liability is an issue. Please let me know if you would have any interest in this offer. I look forward to hearing from you. Very truly yours, MARTSON LAW OFFICES Daniel K. Deardorff DKD/ajt cc: Ms. Erika Campbell (FAA 3004626-SC) F:\FILES\Climu\DOnegal 3050\Curtent\487\3050.487.mk21 INFORMATION ADVICE ADVOCACY SM CERTIFICATE OF SERVICE AND NOW, this ls` day of October 2009 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' MOTION FOR DELAY DAMAGES in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Daniel Deardorff, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Michelle M. Milojevich ~~} 2Q89 acr - ~ ~~ c: 2 c F?~P~iS'~.11~41~IEJ~ ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# :36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this ~ day of ~~~'~" " ~' , 2009, upon consideration of the foregoing Motion, it is hereby ordered that; 1) a rule is issued upon respondent to show cause why the petitioner is not entitled to relief requested; 2) the respondent shall file an answer to the motion/petition within ~ O days of this date; 3) the motion/petition shall be decided under Pa.R.C.P. No. 206.7; 4) discovery shall be completed withi ~U days of thi ~~ Ih 5) argument shall be held on Z ~ ~/ o ~''~~~Courtroom 3 of the Cumberland County Courthouse; and 6) notice of entry of this order shall be proviTH o all p ies by the petitioner. ution: J. Michael E. Kosik, Esq., 4503 N. Front Street, Harrisburg, PA 17110 / phone - 717-238-6791; fax - 717-238-5610; mkosik@angino-rovner.com Daniel Deardorff, Esquire, Ten East High Street, Carlisle, PA 17013 phone - 717 243-3341; fax 243-1850; www.martsonlaw.com g.~S'' M.~ l CSC., aao99o .~1I'~ F#LEU--+~t=~=lam rJ~ Tyr F~~^ _ .;rh~~iARY ~QQ~ QL~ '6 ~r~ ~~ Q$ ~'t~~~3`~S`+`LV~."~~~A ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, FA CIVIL ACTION -LAW NO.07-4685 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this ~ day of D , 2009, upon consideration of the foregoing Motion, it is hereby ordered that; 1) a rule is issued upon respondent to show cause why the petitioner is not entitled to relief requested; 2) the respondent shall file an answer to the motion/petition within ~Q days of this date; 3) the motion/petition shall be decided under Pa.R.C.P. No. 206.7; 4) discovery shall be completed within ~ a days of this date; 5) argument shall be held on ,~t.(~. ~__ in Courtroom of the Cumberland County Courthouse; and / ~ ~ l". /~ , 6) notice of entry of this order shall be prov' o all p 'es by the petitioner. THE U ~I'stribution: J• Michael E. Kosik, Esq., 4503 N. Front Street, Harrisburg, PA 17110 / phone - 717-238-6791; fax - 717-238-5610; mkosik@angino-rovner.com Daniel Deardorff, Esquire, Ten East High Street, Carlisle, PA 17013 phone - 717 243-3341; fax 243-1850; www.martsonlaw.corn co l~~.s ,~ ~. ~ ~ 421008 P col ? ~~ ~~ E-kLL'lJ~.l~i"iu~ OF T~-,~ P~^r~'~'*,~n~'ARY 2x04 QC~ -b P~ ~~ d8 ./4.: iJ :. ':~ ~+vN. S ~NPvY~.V~°~!A ANGINO & ROVNER, P.C. Michael M. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 171 ]0-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com RENEE MOOSE and KENNETH MOOSE, Her Husband, Plaintiffs v. BETSY SHERLOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 07-4685 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. DATED: ~~ ~~~ ~Oq cc: Daniel Deardorff, Esquire G ER, P.C. ichael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Counsel for Plaintiff 423265 of n Ha r ~i9 ~3 23 AM ~~ 3~