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HomeMy WebLinkAbout08-2298ANGINO & ROVNER, P.C. Richard A. Sadlock. Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlock ciangino-rovner com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. ANDREW W. HOGENTOGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0;f " 0,) K 6?ezW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dial despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 375910 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg. PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlock a angino-rovner.com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. ANDREW W. HOGENTOGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Patrick R. and Christine M. Brennan are adult individuals, citizens of the Commonwealth of Pennsylvania who reside at 1 Charles Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Andrew W. Hogentogler is an adult individual and citizen of Maryland, who resides at 24709 Cutsail Drive, Damascus, Maryland 20872. 3. The facts and occurrences hereinafter related took place on Thursday, January 18, 2007, on State Route 581 West in Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Patrick R. Brennan was operating a 1990 Ford Bronco in a westerly direction on State Route 581. 5. At that time and place, Defendant Andrew W. Hogentogler was operating a 2006 Toyota Sienna, which he had rented from Enterprise Rent-A-Car, and was traveling in a westerly direction on State Route 581 directly behind Plaintiff Patrick R. Brennan. 6. At that time and place, Plaintiff Patrick R. Brennan was carefully and appropriately slowing his vehicle for another vehicle collision that was taking place in front of him. Plaintiff brought his vehicle to a full and complete stop. 7. At that time and place, Defendant Andrew W. Hogentogler was traveling too fast and failed to observe Plaintiff Patrick R. Brennan's stopped vehicle. 8. At that time and place, Defendant Andrew W. Hogentogler violently, and without warning, slammed into the rear of Plaintiff Patrick R. Brennan's stationary vehicle. 9. The forgoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Patrick R. Brennan and Christine M. Brennan are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Andrew W. Hogentogler operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to travel at a safe speed; (d) failure to apply his brakes in sufficient time to avoid striking the rear of the Brennan vehicle; (e) failure to take reasonable evasive action to avoid the accident; 375810 2 (f) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (g) failure to keep proper and adequate control over his vehicle; and (h) driving his 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 PATRICK R. BRENNAN V. ANDREW W. HOGENTOGLER 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference. 11. Plaintiff Patrick R. Brennan sustained painful and sever injuries which include but are not limited to strained Achilles tendon and two herniated discs in his cervical area resulting in an anterior discectomy and interbody fusion at C5-6 and C6-7 along with anterior spinal plate fixation. 12. By reason of the aforesaid injuries sustained by Plaintiff Patrick R. Brennan, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 13. Because of the nature of his injuries, Plaintiff Patrick R. Brennan has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 375810 3 14. As a result of the aforementioned injuries, Plaintiff Patrick R. Brennan has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforesaid injuries, Plaintiff Patrick R. Brennan has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Patrick R. Brennan has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 17. Plaintiff Patrick R. Brennan continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 18. As a result of the aforesaid accident, Plaintiff Patrick R. Brennan has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II CHRISTINE M. BRENNAN v. ANDREW HOGENTOGLER 19. Paragraphs 1 through 18 of Plaintiffs' Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff Patrick R. Brennan, Plaintiff Christine M. Brennan has been and may in the future be deprived of 375810 4 the care, companionship, consortium, and society of her husband all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Patrick R. and Christine M. Brennan demand judgement against Defendant Andrew W. Hogentogler in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: April 11, 2008 I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 375810 5 VERIFICATION We, Patrick R. and Christine M. Brennan, Plaintiffs, have read the foregoing PLAINTIFFS' COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WitneS Witness atrick R. Brennan Christine M. Brenna Dated: / Nj N i?7 ?-4 Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant PATRICK R. BRENNAN and IN THE COURT OF COMMON PLEAS OF CHRISTINE M. BRENNAN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08-2298 Civil ANDREW W. HOGENTOGLER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Andrew W. Hogentogler in the above-captioned matter. JOHNS DUFFIE, STEWART & WEIDNER Date: May 22, 2008 JefV?s(Yn"J. Shipma , Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 22, 2008: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs 333573 JOHNSON, DUFFIE, STEWART & WEIDNER J ers J. Shipman Esquire 1. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant _? C.?.? L J` csa _ _ -i (: ? R? _ _ - -?J a F,i ,. ,,a d? C..? ,"j?? _ t.., -?; ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlockgangino-rovner com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2298 Civil ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the l lth day of April, 2008, a true and correct copy of the Complaint, Dauphin County Civil Action No. 08-2298 Civil, was mailed to Defendant Andrew W. Hogentogler via certified mail, return receipt requested at 24709 Cutsail Drive, Damascus, Maryland 20872. Said Complaint was returned as "Unclaimed." A copy of the envelope is attached hereto. On May 7, 2008, said Complaint was again mailed to Defendant Andrew W. Hogentogler via regular mail at 24709 Cutsail Drive, Damascus, Maryland 20872, pursuant to Pa.R.C.P. 403(1). The regular mail has not been returned. ACCEPTANCE OF SERVICE This is to certify that on the 7`h day of May, 2008, a true and correct copy of the above-noted Complaint was served upon Andrew W. Hogentogler via regular mail, at the above-noted address. Respectfully submitted, ANGINO R, Ric adlock, Esq I. o. 47281 4503 . et Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May a g , 2008 385060 c - l a1 ?? ? D ... I L) tv. ? y4 v v.2 " S i ? ?J h g r zz r Q R ?L I }y ,jr? r^ CERTIFICATE OF SERVICE AND NOW, this a.6 ay of May, 2008, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiff's Affidavit of Service was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 / Kathy A. ney 375810 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Attorneys for Defendant E-mail: "s(M*dsw.com PATRICK R. BRENNAN and IN THE COURT OF COMMON PLEAS OF CHRISTINE M. BRENNAN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-2298 Civil V. CIVIL ACTION - LAW ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Patrick R. and Christine M. Brennan and their attorney, Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered agqinst you. DUFFIE-VEWART & WEIDNER Date: June 11, 2008 Jeffersdh J. Shipmdn, Esquire Attbrney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: hs@jdsw.com Attorneys for Defendant PATRICK R. BRENNAN and IN THE COURT OF COMMON PLEAS OF CHRISTINE M. BRENNAN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-2298 Civil V. CIVIL ACTION - LAW ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF ANDREW W. HOGENTOGLER AND NOW, comes the Defendant Andrew W. Hogentogler, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted only that Mr. Hogentogler was operating a 2006 Toyota Sienna traveling in a westerly direction on State Route 581 and was behind the Plaintiff Patrick R. Brennan. Any remaining averments in paragraph number 5 are denied as stated. 6. Denied. The averments contained in paragraph number 6 are conclusions of law and fact to which no response is required. 7. Denied. The averments contained in paragraph number 7 are conclusions of law and fact to which no response is required. 8. Admitted in part; denied in part. It is admitted only that there was contact between the vehicles of Hogentogler and Plaintiff. The remaining paragraphs of paragraph number 8 are conclusions of law and fact to which no response is required. 9. Denied. The averments contained in paragraph number 9 and subparagraphs (a) through (h) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 9 and each individual subparagraph (a) through (h) are specifically denied. (a) Denied. It is specifically denied that the Defendant failed to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) Denied. It is specifically denied that the Defendant failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; 2 (c) Denied. It is specifically denied that the Defendant failed to travel at a safe speed; (d) Denied. It is specifically denied that the Defendant failed to apply his brakes in a sufficient time to avoid striking the rear of the Brennan vehicle; (e) Denied. It is specifically denied that the Defendant failed to take reasonable evasive action to avoid the accident; (f) Denied. It is specifically denied that the Defendant failed to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should been aware; (g) Denied. It is specifically denied that the Defendant failed to keep proper and adequate control over his vehicle; and (h) Denied. It is specifically denied that the Defendant drove his 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 the Commonwealth of Pennsylvania. CLAIM I PATRICK R. BRENNAN v. ANDREW W. HOGENTOGLER 10. Mr. Hogentogler incorporates herein by reference the answers to paragraph 1 through 9 of the above as though fully set forth herein at length. 11. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 11 relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 3 12. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 relating to Plaintiffs alleged medical treatment and expenses and the same are therefore denied, and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 13 and the same are therefore denied, and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 relating to Plaintiffs alleged great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment and the same are therefore denied, and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 15 relating to Plaintiff's alleged great humiliation and embarrassment and the same are therefore denied, and strict proof is demanded at the time of trial. 4 16. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 16 relating to Plaintiffs alleged work loss, loss of opportunity and a permanent loss of earning power and capacity and the same are therefore denied, and strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 17 relating to Plaintiffs alleged injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 18 relating to Plaintiff's alleged scarring and the same are therefore denied, and strict proof is demanded at the time of trial. CLAIM II Christine M. Brennan v. Andrew Hoaentoaler 19. Mr. Hogentogler incorporates herein by reference his answers to paragraph 1 through 18 of the above as though fully set forth herein at length. 20. Denied. After reasonable investigation, Mr. Hogentogler is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 20 relating to Plaintiff Christine M. Brennan's alleged 5 loss of consortium claim and the same are the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Andrew W. Hogentogler respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of further answer and reply, Mr. Hogentogler interposes the following new matter defenses: 21. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the limited tort option. 23. That if it should be found that there was any negligence on the part of Mr. Hogentogler, which is denied, then in that event any such negligence was not a substantial facor nor factual cause of the alleged harm to Plaintiffs. 24. That the Plaintiffs' alleged cause of action may have been caused by intervening, superseding cause. 25. That the Plaintiffs' alleged cause of action may have been caused by a third parties or entities not presently involved in this action. 6 26. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. WHEREFORE, the Defendant Andrew W. Hogentogler respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHN,SOft),DUFFIE, STEWART & WEIDNER Jeferson J. Shipmad 'Esgt Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 11, 2008 Attorneys for Defendant 334214 7 VERIFICATION I, Andrew W. Hogentogler, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Andrew W. Hogentog r Date: 334220 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June 10, 2008: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street _ Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 333571 frersbn J. Shiprr(an, Esquire D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant , ;vr r cn I. ANGINO & ROVNER, P.C Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiff$ V. ANDREW W. HOGENTOGLER, Defendant Attorneys for Plaintiffs: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2298 Civil JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW co> a Patrick R. Brennan and Christine M. Brennan, his wife, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire, and reply to Defendant's New Matter of Defendant as follows: 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent ?he averment may be deemed factual, it is hereby specifically denied. By way of amplification, al# of Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Moto# Vehicle Financial Responsibility Law in no way limits the damages Plaintiffs may recover h?rein. 386782 22. Defendlant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, tfe Plaintiffs' tort option is irrelevant as the Defendant was operating a vehicle registered in another state. Therefore, Plaintiffs are entitled to maintain an action for non- economic losses. Further, Plaintiff did suffer serious injuries. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendant do constitute negligence and were substantial factors and factual causes of the subject incident and did result in the injuries and losses sustained by the Plaintiffs. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent! the averment may be deemed factual, it is hereby specifically denied. By way of amplification, t?ere were no intervening or superseding causes. All of Plaintiffs' injuries "t i and damages are recoverable in the instant action and were caused solely and directly as a result of I the negligence, carelessness, wantonness, and recklessness of the instant Defendant. 25. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 26. Defend is averment is a conclusion of law to which no responsive pleading is required. To the extent he averment may be deemed factual, it is hereby specifically denied. By 386782 2 way of amplification, Plaintiffs were not negligent in any way. Therefore, the Pennsylvania i Comparative Negligee Act does not apply to the instant action. Further, all of Plaintiffs' injuries and damages are recoverable in the instant action and are in no way reduced. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in their favor against the Defendant. Respectfully submitted, Date: June, 20 8 386782 3 LIJ. No. 4/281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs C. d?V,, F VERIFICATION I, Richard A. verification on behalf are true and correct ti Verification is made falsification to authori Date: June / , 2008 278165-1 Sadlock, Esquire, counsel for the Plaintiffs, am authorized to make this f said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter the best of my knowledge, information, and belief. I understand that this abject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn CERTIFICATE OF SERVICE AND NOW, is 1 1'day of Jujz- '2008, I, Kathy A. Toney, an employee of the law f of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Reply t Defendant's New Matter was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shi an, Esquire Johnson, Duffi , Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 7043 Kathy A. T ey 386782 4 -,? tr cz? c- --4 . cx? Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2298 Civil CIVIL ACTION - LAW ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER f By Jeffer n J. Shipman, Esquire I.D. #. 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: R/14/0? CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on mqhL I f/ Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSg44, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I. D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife, Plaintiffs V. ANDREW W. HOGENTOGLER, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2298 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve seven (7) 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 records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART By jerrerErn i. anipman, tsqulre I.D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: S/6/n- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on ?i InL Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNS(A, DUFFIE, STEWART & WEIDNER C By Jefferson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital (Name of Person or Entity) Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: Jefferson J. Shipman, Esquire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendant BY THE COURT: DATE: 5 OR Sea of the Court I I d,.R [-Irv n 5 thonotary/Clerk, Civil vision ?? v - 6A I P Y (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsvlvania Neurosurqerv and Neuroscience Institute (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: /S1 " Lo' " honotary/Clerk, Civil Divis' F- eputy DATE: o bo Seal thle Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ Silver Creek Family Practice (Name of Person or Entity) Within menty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: /s/ Il_. . Pp6thonotary/Clerk, Civil Di ion eputy? DATE: 8/0,5 D$ Se dl oft the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson Duffie Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: S 05 b$ Seal of the Court BY THE COURT: /5/ P, " thonotary/Clerk, Civil Divisicffi- bep6ty (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Turnpaugh Chiropractic Health (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered byy the court to produce the following documents or things: any and all medical records, reports, correspondence, office notes, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 6 D Seal f the Court BY THE COURT: /5/ L4a- P. " r 45r6thonotary/Clerk, Civil Divi n epu y (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: LeVan Familv Chiropractic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, reports, correspondence, office notes, diagnostic test results pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant DATE: 05109 Sea oft a Court BY THE COURT: Sip ro onotary/Clerk, Civil Divisio Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Magnetic Imaging Center (Name of Person or Entity) V1!ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: MRI of Cervical Spine (ACTUAL Films) and corresponding report dated April 26. 2007 pertaining to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson, Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: S a4s" P. r thonotary/Clerk, Civil Divis' puty Ql?e DATE: 8 Los Los Seal of We Court (Eff. 7/97) r-? ?." ?,,. _.._ i ? .lam {;.? '° ,y.7,i1 ,; ? ? ? ,?? F ? ?< Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2298 Civil CIVIL ACTION - LAW ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON DUFFIE, STEWART & WEIDNER • By Jeffers J. hipman, Esquire I.D. #: (1785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: % 6P) by } CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class mail, postage prepaid, in Lemoyne, Pennsylvania, on ,7 Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By jeirepon.,. onipman, tsquire I . D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife, Plaintiffs V. ANDREW W. HOGENTOGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2298 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve one(1) subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHN DUFFIE, STEWART & WEIDNER By Jeff on J. Shipman, Esquire I.D. 51785 ' P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant DATE: `?/?-9J 4S ft CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Cf :2 a Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER f By Jeffson J. Shipman, Esquire I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Patrick R. Brennan and Christine M. Brennan Plaintiffs vs. Andrew W. Hogentogler, Defendant File No. 08-2298 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Silver Creek Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records reports correspondence diagnostic test results from 111102 through 10131108 EXCLUDING ANY SENSITIVE RECORDS DEALING WITH MENTAL HEALTH ISSUES, ALCOHOUDRUG ISSUES, AIDS/HIV ISSUES pertaininq to Patrick Brennan DOB: 6/29/67 SSN: 279-62-3187 at Johnson Duffle, Stewart & Weidner, 301 Market Street P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, civil Div' on Deput J DATE: Se of the Court (Eff. 7/97) i.Y 1.,.. cry S ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlock(a angino rovner com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2298 Civil ANDREW W. HOGENTOGLER, Defendant JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR A STATUS CONFERENCE AND NOW, come Plaintiffs Patrick and Christine Brennan, by and through their counsel, Angino & Rovner, P.C., and respectfully request Your Honorable Court to schedule a Status Conference in the above-captioned action for the following reasons: 1. Plaintiffs Patrick R. and Christine M. Brennan are adult individuals and citizens of the Commonwealth of Pennsylvania, who reside at 1 Charles Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Andrew W. Hogentogler is an adult individual and citizen of Maryland, who resides at 24709 Cutsail Drive, Damascus, Maryland 20872. 408629 1 3. On January 18, 2007, Defendant Andrew W. Hogentogler while traveling too fast, failed to observe Plaintiff Patrick R. Brennan's stopped vehicle, and violently and without warning, slammed into the rear of Plaintiff's stationary vehicle. 4. As a direct and proximate result of the aforesaid accident, Plaintiff Patrick R. Brennan sustained painful and sever injuries which include, but are not limited to, strained Achilles tendon and two herniated discs in his cervical area resulting in an anterior discectomy and interbody fusion at C5-6 and C6-7 along with anterior spinal plate fixation. 5. The instant action was commenced by the filing of a Complaint on April 11, 2008 and served on the Defendant via certified mail on May 7, 2008. 6. On May 22, 2008, Jefferson J. Shipman, Esquire, filed an Entry Of Appearance in Cumberland County as counsel on behalf of Defendant Andrew Hogentogler. 7. Both parties have exchanged Discovery. 8. Both parties had agreed to mediate the case and had a mediation date set for April 16, 2009. 9. On April 9, 2009, Defendant's counsel requested to cancel the mediation because he was having the case reviewed by a doctor based on Plaintiff's medical records. 10. Plaintiffs believe it is in all parties' interests to have the Court set a date for the close of discovery and obtaining a timely schedule for listing the case for mediation and/or trial. 11. Plaintiffs are represented by Richard A. Sadlock Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110,(717)238-6791. 12. Defendant is represented by Jefferson J. Shipman, Esquire of Johnson, Duffie, Stewart & Weidner, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043, (717) 761-4540. 408629 2 13. Concurrence of counsel for Defendant was sought in filing this Motion, and Defendant's counsel concurred. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to schedule a Status Conference for the purposes of establishing discovery deadlines and a mediation and/or trial date. Respectfully submitted, ANGINO & ROVNER, P.C. A. Sa , squire I.D. No. 47281 woo? 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: April , 2009 Counsel for Plaintiffs 408629 3 CERTIFICATE OF SERVICE AND NOW, this / 71-ffay of April, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Motion for A Status Conference was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Kathy A. ney 408629 4 VI 1 { 1 E i i,-,,HCTXjTAPY 2609 APR 20 PH i : 38 r :'! r1 a APR 212006 4 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlock@.angino-rovner.com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. ANDREW W. HOGENTOGLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-2298 Civil JURY TRIAL DEMANDED ORDER/ AND NOW, this day of ?uX 2009, upon consideration of Plaintiffs' Motion for Status Conference, IT IS HEREBY ORDERED a Status Conference is scheduled for 'x1 aOa q 01- a. DISTRIBUTION: See next page for Distribution List. at 1f:00 o'clock (a.m./pm.) in Courtroom No. 408629 1 " ? N 11 c ?.?? ryry tY '+` i tt 1"'?.? ?? '+? v ?? ? ??? i..f++ , ?+ ? <? . ? ' ? ? r _ ? r ti.+? ., c,,,t DISTRIBUTION: Richard Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 FAX (717)238-5610 rsadlock@angino-rovner.com Counsel for Plaintiffs Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717)7614540 FAX (717)761-3015 jjs@dsw.com Counsel for Defendant 408629 2 PATRICK R. BRENNAN AND IN THE COURT WIFE :CUMBERLAND COOUNTyMPENNSY PLEAS OF CHRISTINE M. BRENNA , HIS PLAINTIFFS V. ANDREW W. HOGENTOGLER, DEFENDANT 08-2298 CIVIL TERM ORDER OF COURT AND NOW, this It day of May, 2009, following a status conference IT IS ORDERED: (1) All discovery including exchange of expert reports shall be completed not later than July 15, 2009. (2) Counsel shall list the case for trial during the civil term commencing on Monday, September 21, 2009. ? A. Sadlock Esquire Richard For Plaintiff Aohn Ninosky, Esquire For Defendant :sal (26F IQS mutLL By Edgar B. Bayley, J. tt'? ?- Cl) _ t? r te., j N A 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) PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs V. ANDREW W. HOGENTOGLER Defendant (check one) () Assumpsit () Trespass (X) Trespass (Motor Vehicle) () Other The trial list will be called on August 25, 2009. Trials commence on September 21, 2009. Pre-trials will beheld on September 2, 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. 08-2298 Civil Indicate the attorney who will try case for the party who files this praecipe: Richard A. Sadlock, Esquire Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire This case is ready for trial. Name: Attorney for Plaintiffs Date: July 15, 2009 A.SADLOCK 415087 .j CERTIFICATE OF SERVICE AND NOW, this 1)46day of July, 2009, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of Plaintiffs' Praecipe Listing Case for Trial was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 375810 IA-1 7?? Kathy A. oney 2 ON i -CL. v P. ? 1! ` t { k 1- t S `, X6. p WIT' h °? CX(+ rf??$ t°3 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 Attorneys for Plaintiffs: E-mail: rsadlockkangino-rovner.com Patrick R. and Christine M. Brennan PATRICK R. BRENNAN and CHRISTINE M. BRENNAN, his wife Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ANDREW W. HOGENTOGLER, Defendant NO. 08-2298 Civil JURY TRIAL DEMANDED PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued,. Respectfully submitted, Date: August , 2009 ANGINO & ROVNER, P.C. c and A. Sadloc ,Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs FiL , AFT ? -, ,'nwgY 2909 AUG 26 Pi 1): 2 Li s? L :NTY Cl,M.' ,,_: __a ME] PATRICK R. BRENNAN AND CHRISTINE M. BRENNAN, his wife, Plaintiffs v ANDREW W. HOGENTOGLER, Defendant NO. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08-2298 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 25th day of August, 2009, upon consideration of the call of the civil trial list, it being indicated by counsel for the Plaintiff that this case has been resolved, it is stricken from the trial list. 1` hard. A. Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 Zfe lain tiff rson J. Shipman, Esquire 302 Market Street P.O. Box 109 Lemoyne, PA 17043 For Defendant Court Administrator :mae J By the Court, CAF THE PFRt t.'t R' N40TARY 2009 Ail 31 A 11: 09