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HomeMy WebLinkAbout08-6081CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband Plaintiffs V. ERICK A. BOOZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - (0081 0'tv' l Terw? 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 or 800/990-9108 394936 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion 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 accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SUABOGADO INMEDLQTAMENTE. SI USTED NO TIENE UNABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACIONA CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UNABOGADO, ES POSIBLE QUE ESTA OFICINA LEPUEDA PROVEER INFORMA- CIONSOBREAGENCLQS QUE OFREZCAN SER VICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800/990-9108 394936 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: rsadlockCa.aneino-rovner.com Catherine and Ray Washin er CATHERINE L. WASHINGER and RAY C. WASHINGER, Her Husband, Plaintiffs V. ERICK A. BOOZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS NO. 0 4 - te © 71 04;-( JURY TRIAL DEMANDED COMPLAINT Plaintiffs Catherine L. Washinger and Ray C. Washinger are adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 983 Ridge Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Erick A. Booz is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 25 Turnpike Road, Newburg, Cumberland County, Pennsylvania 17240. 393460 3. The facts and occurrences hereinafter related took place on Thursday, May 22, 2008, on Ridge Road, State Highway 4004 in Hopewell Township, Cumberland County, Pennsylvania. 4. Ridge Road, State Highway 4004 in the area of the accident is a straight, two-lane road with one eastbound lane and one westbound lane with a posted speed limit of 40 miles per hour. 5. At that time and place, Plaintiff Catherine L. Washinger was operating her 2006 Buick Rainer, and was beginning to exit her driveway at 983 Ridge Road. 6. At that time and place, Defendant A. Erick Booz was operating his 1999 Dodge Ram 1500 west on Ridge Road. 7. At that time and place, Defendant Erick A. Booz was traveling at a high rate of speed and failed to keep alert for Plaintiff Catherine L. Washinger's vehicle pulling from her driveway. 8. Immediately following the accident, Defendant Erick A. Booz admitted to the investigating police officer that he was traveling at least 15-20 miles per hour over the posted speed limit. 9. At that time and place, Defendant Erick A. Booz suddenly and without warning, crossed the double center line into the eastbound lane and violently slammed into the drivers side door of Plaintiff Catherine L. Washinger's vehicle. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Catherine L. Washinger is the direct and proximate result of the negligent, careless and reckless manner in which Defendant Erick A. Booz operated his vehicle as follows: (a) failure to operate his vehicle in his proper lane of travel and turning out of the lane without warning and when it was not safe to do so; 393460 2 (b) crossing the center line of the highway into the opposing lane of travel directly into the path of Plaintiff Catherine L. Washinger; (c) driving his vehicle in a careless and reckless manner showing disregard for the safety of other motorists, including Catherine L. Washinger; (d) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (e) failure to apply his brakes in sufficient time to avoid colliding with the Washinger vehicle; (f) failure to have proper and adequate control over his vehicle; (g) failure to travel at a safe speed; (h) failure to travel at or below the posted speed limit; (i) failure to take reasonable evasive action to avoid the accident; and (j) 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 CATHERINE L. WASHINGER v. ERICK A. BOOZ 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff Catherine L. Washinger sustained painful and sever injuries which include but are not limited to bilateral fracture of the pelvis, 5 broken ribs, a broken clavicle and a fractured tailbone. Also, because Plaintiff was on a ventilator, she may have sustained vocal chord damage. 13. By reason of the aforesaid injuries sustained by Plaintiff Catherine L. Washinger, she was forced to incur liability for the medical treatment, medications, hospitalizations, rehab 393460 3 facility care 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 Catherine L. Washinger 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 Catherine L. Washinger 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 Catherine L. Washinger has been plagued by persistent pain from her several broken bones and vocal chord injury and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime and claim is made therefore. CLAIM II RAY C. WASHINGER v. ERICK A. BOOZ 17. Paragraphs 1 though 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries by his wife, Plaintiff Catherine L. Washinger, Plaintiff Ray C. Washinger has been and may in the future be deprived of the care, companionship, consortium, and society of his wife all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Catherine L. Washinger and Ray C. Washinger demand judgement against Defendant Erick A. Booz in an amount in excess of Fifty Thousand 393460 4 ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Date: October 393460 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs VERIFICATION We, Catherine L. Washinger and Ray C. Washinger, Plaintiffs hereby verify that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: ?g 393896 WITNESS: nT 76 O T /o?nn (- ' SHERIFF'S RETURN - REGULAR CASE NO: 2008-06081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGER CATHERINE L ET AL VS BOOZ ERICK A MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon Pnn7 RPTrX A the DEFENDANT at 0017:07 HOURS, on the 13th day of October , 2008 at 25 TURNPIKE ROAD NEWBURG, PA 17240 by handing to KELLY BOOZ WIFE OF DEFENDANT 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: So Answers: E Docketing 18.00. Service 2 0 . 0 0 Affidavit .00 Surcharge 10.00 R. Thomas Kline Postage 42 tto ll?OY 48.42 10/14/2008 ANGINO & ROVNER Sworn and Subscibed to By: before me this day eputy Sheri of , A.D. w '?1 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 Booz CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs NO. 08-6081 CIVIL TERM V. ERICK A. BOOZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Erick A. Booz in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 4tttor rsonJ. Shipman, E quire ney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: October 28, 2008 348799 • 'i CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing 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 October 28, 2008: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOUNSON, DUFFIE, STEWART & WEIDNER J. Shipmefn, Esquire ?`.'# ?? f„, ? ? ? ?,.t ? ? '"^$ ? ( ? ,.`tt", ? _> i ^^, ! ?. ?'? -w. --1 - -?{.J ? "°? 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) 7614540 E-mail: jjs@jdsw.com Attorneys for Defendant Booz CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs V. ERICK A. BOOZ, Defendant TO: Plaintiffs and their attorney, Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD 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 against you. JOHNS,GM DUFFI E, STEWART & WEIDNER Date: November 6, 2008 J erd6n J. Shipman, Esqu orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 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 Booz CATHERINE L. WASHINGER and IN THE COURT OF COMMON PLEAS OF RAY C. WASHINGER, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-6081 CIVIL TERM V. CIVIL ACTION - LAW ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant Erick A. Booz, by and through his counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, 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. Denied as stated. 6. Admitted. 7. Denied. The averments contained in paragraph number 7 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 7 are specifically denied, and strict proof is demanded at trial. 8. Denied. The averments contained in paragraph number 8 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 8 are specifically denied, and strict proof is demanded at trial. 9. Denied. The averments contained in paragraph number 9 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 are specifically denied, and strict proof is demanded at trial. 10. Denied. The averments contained in paragraph number 10 and subparagraphs (a) through 0) 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 10 and each individual subparagraph (a) through 0) are specifically denied. (a) Denied. It is specifically denied that the Defendant failed to operate his vehicle in the proper lane of travel and turning out of the lane without warning and when it was not safe to do so; (b) Denied. It is specifically denied that the Defendant crossed the center line of the highway into the opposing lane of travel directly into the path of Plaintiffs vehicle; 2 (c) Denied. It is specifically denied that Defendant drove his vehicle in a careless and reckless manner showing disregard for the safety of other motorists; (d) Denied. It is specifically denied that Defendant failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (e) Denied. It is specifically denied that Defendant failed to apply, his brakes in sufficient time to avoid colliding with Plaintiffs' vehicle; (f) Denied. It is specifically denied that Defendant failed to have proper and adequate control over his vehicle; (g) Denied. It is specifically denied that Defendant failed to travel at a safe speed; (h) Denied. It is specifically denied that Defendant failed to travel at or below the posted speed limit; (i) Denied. It is specifically denied that Defendant failed to take reasonable evasive action to avoid the accident; and (j) 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 CATHERINE L. WASHINGER v. ERICK A. BOOZ 11. Mr. Booz incorporates herein by reference his answers to paragraphs 1 through 10 above as though fully set forth herein at length. 3 12. Denied. After reasonable investigation, Mr. Booz 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 injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mr. Booz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 13 relating to Plaintiffs alleged medical treatment and expenses and the same are therefore denied, and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mr. Booz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 14 and the same are therefore denied, and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, Mr. Booz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 15 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. 4 16. Denied. After reasonable investigation, Mr. Booz 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 injuries and the same are therefore denied, and strict proof is demanded at the time of trial. CLAIM II RAY C. WASHINGER v. ERICK A. BOOZ 17. Mr. Booz incorporates herein by reference his answers to paragraphs 1 through 16 above as though fully set forth herein at length. 18. Denied. After reasonable investigation, Mr. Booz 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 Ray C. Washinger's alleged 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 Erick A. Booz 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. Booz interposes the following new matter defenses: 19. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 5 20. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the limited tort option. 21. That if it should be found that there was any negligence on the part of Mr. Booz, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of the alleged harm to Plaintiffs. 22. That the Plaintiffs' alleged cause of action may have been caused by intervening, superseding cause. 23. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 24. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 25. That Plaintiff Catherine L. Washinger's Comparative Negligence included the following: (a) failing to yield the right-of-way to Defendant; (b) failing to be attentive to the presence of Defendant's vehicle; (c) failing to look for traffic; (d) operating a vehicle while under the influence of medication which prevented her from the safe operation of her vehicle; (e) driving her vehicle in a careless disregard for the safety of other vehicles on the roadway; and (f) driving her vehicle upon the roadway in a manner endangering persons and property and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 6 26. That the Plaintiffs comparative negligence was a substantial factor or factual cause of the accident. WHEREFORE, the Defendant Erick A. Booz respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ZjAd;00? - J e on J. Shipman, E quire orney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: November 6, 2008 348804 7 VERIFICATION I, Erick A. Booz, 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. Erick A. Booz Date: /t - 7 d O 334220 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter 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 November 6, 2008: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER 1 71 e rson J. Shipman, squire i C17, t `Y l .? s "? rY .. ..yam 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 anangino-royner com Catherine and Ray Washinger CATHERINE L. WASHINGER and RAY C. WASHINGER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6081 ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW come Catherine L. Washinger and Ray C. Washinger, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire, and replies to the New Matter of Defendant as follows: 19. 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, all of Plaintiffs' injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiffs may recover herein. 397660 20. 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, Plaintiffs' claims are not limited. Plaintiff Catherine L. Washinger sustained a serious injury and scarring, resulting in a serious impairment of bodily function and permanent serious disfigurement. Plaintiffs' injuries and damages are recoverable in the instant action. further, Plaintiffs' policy provides for the full tort option. See Exhibit "A" attached hereto. 21. 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 causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiffs. 22. 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, there were no intervening or superseding causes. All of Plaintiffs' injuries and damages are recoverable in the instant action and were caused solely and directly as a result of the negligence, carelessness, wantonness, and recklessness of the instant Defendant. 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, 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. 397660 2 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, Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence 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. 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. As previously indicated herein, Plaintiff Catherine L. Washinger was in no way negligent. Further, at all times applicable hereto, Plaintiff Catherine L. Washinger appropriately yielded, was attentive, was looking for traffic, was not under the influence of any medication, drove her vehicle appropriately and with regard for the safety of others, and at all times operated her vehicle in accordance with the Motor Vehicle Code of the Commonwealth of Pennsylvania. 26. 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. As previously indicated herein, Plaintiff was in no way negligent. Therefore, the Comparative Negligence Act does not apply. Further, as Plaintiff was not negligent, her conduct was not a substantial factor or factual cause of the accident. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the carelessness, wantonness, recklessness and negligence of the instant Defendant. 397660 3 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, ANGINO & R LINER. P.C. Esquire Date: November It, 2008 45tf3"iQ7ront Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 397660 4 ?'k,bif ? irin rlN RB lAA2 91 date: 07-01-08 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AUTO CLAIM SERVICE RECORD policy number car no. 5 6 2 2- 3 2 9- 3 am 001 claim rep: Naser X7435168, Edward J unit: El cause of loss: 100 COL party status 600 WASHINGER, CATHERI Paid 400 Named Insured(s) Paid 200 BOOZ, ERICK Open 100 BOOZ, ERICK Open reserves claim rep 0 H23R 0 XXP3 2,110 Steingraber x74351 6,000 Naser x7435168, Ed page: 1 date of loss 05-22-08 cat code: indemnity paid 10,000.00 21,184.68 0.00 0.00 _ .. .................... ......................,_...,..:..,,.,.,..:.:..:-:-::... , .. ?, :....-.tea. policy number car no division number date of loss 5622-329-38N 001 5 05-22-08 policyholder name and address WASHINGER, RAY C 983 RIDGE RD SHIPPENSBURG PA 17257-9722 vehicle: 06 BUICK RAINIER SPORT WG vehicle identification number: 5GADT13S462154267 coverage in force policy source: PMR A 100/300/50,02 10,000,D50,G100,H,U 50/100,W 50/100,F 2,500, Z1 agent policy form prior damage on term basic policy county 6212 9838A N 0 021 additional policy information lienholder or leasing company claim history claim number date of loss type claim number date of loss type 38-L389-930 01-17-08 6 38-J215-246 04-27-99 4 38-7181-446 04-18-97 4 exceptions and endorsements ***************************** DRIVER INFORMATION *****************************; CODE NAME CODE NAME ; WASHINGER, RAY C WASHINGER, CATHY ; WASHINGER, TONY ************************** HOUSEHOLD POLICY HISTORY **************************. POLICY CAR NO NO NAME RBlAA291 date: 07-01-08 page: 2 AUTD RPM exceptions and endorsements 5746316) 001 WASHINGER, RAY C 6326046H 002 WASHINGER, RAY C 6561262J 002 WASHINGER, RAY C 7150248 001 WASHINGER, RAY C U IS U-BI, STACKING; W IS W-BI, STACKING; THIS POLICY PROVIDES FULL TORT OPTION; 6091U CERTIFICATE OF GUARANTEED RENEWAL; MULTICAR DISCOUNT, OTHER POLICIES EXIST; CLASS CODE=6C3H50H000; POLICY ORIGINATED 10/09/1969; VERIFICATION We, Catherine L. Washinger and Ray C. Washinger, Plaintiffs hereby verify that the facts set forth in Plaintiffs' Reply to Defendant's NewMatter are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. ?3 ti?l 393896 WITNESS: CERTIFICATE OF SERVICE AND NOW, this _tf L-'-day of November, 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 the foregoing 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, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 11;??d Kathy A. oney 397660 5 ev cv ??` ? n? -° ? ? ? t _, - ^? ?j _ yp I.. ...5.•% t r C. f ?i` ?? ..+... f...J ?• ' ` r"? p V ? 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(c_ang-ino-rovner com Catherine and Ray Washinger CATHERINE L. WASHINGER and RAY C. WASHINGER, Her Husband, Plaintiffs V. ERICK A. BOOZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6081 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Catherine L. Washinger and Ray C. Washinger, Plaintiffs, certify that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and 408528 (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: May 5, 2009 Respectfully submitted, ANG1NO & ROJQjER, P.C. Mick A. Sadlock, E ire No. 81 4503 N treet Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 409047 2 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 Catherine and Ray Washineer CATHERINE L. WASHINGER and RAY C. WASHINGER, Her Husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6081 ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A 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 subpoena. If no objection is made the subpoena may be served. Respectfully submitted, Date: April 5 2009 ANGINO & chard A. Sadlock, D I.D. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 408374 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CATHERINE L. WASHINGER and RAY C. WASHINGER ERICK A. BOOZ Plaintiffs : versus : No. 08-6081 Defendant : SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commissioner Frank Pawlowski Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110-9758 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 documents relating to investigation of motor vehicle accident which occurred on May 22, 2008, PA State Police Incident No. H02- 1765166 at Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110. 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: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 47281 Plaintiffs BY THE COURT: Date: April 14, 2009 Seal of the Court Prothonotary/Clerk, Civil Division Deputy 408356 Return of Service: On the day of served _ (name of person served) by: (Describe method of Service) with the foregoing subpoena I verify that the statements in the Return of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: (Signature) 408356 CERTIFICATE OF SERVICE AND NOW, this V Y!? day 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 the foregoing Plaintiffs' Notice of Intent to Serve Subpoena 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 L =Z4 Kathy A. oney 408374 2 CERTIFICATE OF SERVICE AND NOW, this 5th day of May, 2009, I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to Service of a Subpoena 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, Duffie, Stewart & Weidner 301 Market Street P.O. BOX 109 Lemoyne, PA 17043 409047 3 RLL-0 -43 =r=iCE OF THE PRG -,NCO APY 2009 MAY -E P NI 1: ? ?k ?n T1f VV:i JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Booz I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: ii"s63-odsw.com CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs V. ERICK A. BOOZ, Defendant NO. 08-6081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Catherine L. Washinger and Ray C. Washinger and their counsel, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections has been waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFI STEWART & WEIDNER By: • Jefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 29, 2009 Attorneys for Defendant 367646 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on June 29, 2009: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jeffe son J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Booz I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717)'761-4540 E-mail: i0s(3-*dsw.com CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6081 CIVIL TERM V. ERICK A. BOOZ, Defendant 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: Catherine L. Washinger and Ray C. Washinger and their counsel, Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve one 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. Date: June 23, 2009 367646 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jeffer n J. Shipman, 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 document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on June 23, 2009: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Je erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Catherine L. Washinger and Ray C. Washinger Plaintiffs File No. 08-6081 vs. Erick A. Booz, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Horizon Eve Care Group (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 Catherine Washinger DOB: 1/8/46 SSN: 164-36-7378 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: x 'L?W4' othonotary/ i f ivision Deputy DATE: Co (R 0 Sea of he Court (Eff. 7/97) FLED---",'RICE uw OF THC P, IOTAIRY 2909 JUN 30 Fri 1: 39 i4t'}P cp- d.- 7- PRAECIPE FOR LISTING CASE FOR TRIAL OF TE G Ry (Must be typewritten and submitted in duplicate) 20 16 MAY 18 Fib j. ?Z TO THE PROTHONOTARY OF CUMBERLAND COUNTY CU,y ?'.- wUN1Y 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) (check one) O Assumpsit () Trespass (X) Trespass (Motor Vehicle) () Other Catherine L. Washinger and Ray C. Washinger, Plaintiffs V. Erick A. Booz Defendant The trial list will be called on August 31, 2010. Trials commence on September 20, 2010. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) Pre-trials will beheld on September 8, 2010 (Briefs are due 5 days before pre-trials.) No. 08-6081 Civil Indicate the attorney who will try case for the party who files this praecipe Sadlock, Esquire. Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire This case is ready for trial. Date: May 17, 2010 440058 has ?d ~???1 eI??+ Szlvs Richard A. .w= Print Name: A. Sadlock Attorney for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this --zlay of May, 2010, 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 for 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 Kathy A. oney 397659 2 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Booz I.D. No. 51785 C) r 301 Market Street c.: P. O. Box 109` --+ Lemoyne, PA 17043-0109 t N a # , Phone: (717) 761-4540 E-mail: i*scMidsw com CATHERINE L. WASHINGER and IN THE COURT OF COMMON SAS OFD RAY C. WASHINGER, her husband, CUMBERLAND COUNTY, PENNS'[tVAN1AN- Plaintiffs ` ` - : NO. 08-6081 CIVIL TERM ` t V. CIVIL ACTION - LAW ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Catherine L. Washinger and Ray C. Washinger and their counsel, 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 for objections has been waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: tua?„ J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: August 9, 2010 Attorneys for Defendant 367646 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on August 9, 2010: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attomeys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Je erson J. Shipman, Esquire f JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Booz I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: iislc'aidsw.com CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs V. ERICK A. BOOZ, Defendant TO: Catherine L. Washinger and Ray C. Washinger and their counsel, Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 NO. 08-6081 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE TAKE NOTICE that Defendant intends to serve one 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. JOHNSON, DUFFIE, STEWART & WEIDNER By: Sew J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: August 2, 2010 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on August 2, 2010: Richard A. Sadlock, Esquire Angino & Rovner, P.E. 4503 North Front Street Harrisburg, PA 17110 Attomeys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Catherine L. Washinger and Ray C. Washinger ; Plaintiffs File No. 08-6081 vs. Erick A. Booz, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commissioner Frank E. Pawlowski. Custodian of Records Pennsylvania State Police (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 documents relatina to investigation of motor vehicle at Pennsylvania State Police. Troop H. 1538 Commerce Avenue Carlisle PA 17013 for appearance of Trooper Chad Svdnor at trial on September 20, 2010 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. Shioman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendant BY E COURT: Pr6iffo-notary/Clerk, ivil Division DATE: v? ? "7-0/ d eal the Court Deputy (Eff. 7/97) 0 -aQ r ca?0 i l 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(&anaino-rovner.com Catherine and Ray Washinger CATHERINE L. WASHINGER and RAY C. WASHINGER, Plaintiffs V. ERICK A. BOOZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6081 JURY TRIAL DEMANDED PLAINTIFFS' MOTION IN LIMINE OR. IN THE ALTERNATIVE, MOTION FOR A "FREY" HEARING AND NOW come Catherine L. Washinger and Ray C. Washinger, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Richard A. Sadlock, Esquire, and requests Your Honorable Court to preclude Dr. Conroy from testifying or in the alternative to schedule a Frye hearing to determine whether Dr. Conroy's testimony is admissible for the following reasons: 1. Attached hereto as Exhibit A is the report of John D. Conroy, Jr., D.O., dated July 28, 2010. 446888 2. As is clear from the attached report, Dr. Conroy did not examine Catherine Washinger immediately following the accident or at any time prior to authoring his report. 3. Dr. Conroy's report is based on speculation, generalization and conjecture. 4. Dr. Conroy's report and purported testimony is novel and therefore governed by Pa.R.C.P. 207.1. 5. Dr. Conroy's "findings" are not scientific findings but are merely statements of conjecture and speculation. 6. There is nothing scientific, technical, medical, or that in any way supports Dr. Conroy's report. 7. Dr. Conroy's report is not admissible under our rules of evidence, specifically Pa.R.E. 702 or 703. 8. Dr. Conroy's report offers no probative evidence. Further, permitting Dr. Conroy to testify pursuant to the terms of his report will serve no value other than to prejudice the jury, and as such, his testimony should be precluded. See, Lewis v. Mellor, 393 A.2d 941 (1978) and Pa.R.E. 701. 9. Under Pennsylvania law, Pa.R.C.P. 207.1 and Pa.R.E. 702, the test when qualifying an expert to testify is whether the witness has any reasonable pretension to specialized knowledge on the subject under investigation and whether the methodology used by the expert is accepted in the expert's respective field. See also, Brady v. Frito-Lgy Inc., 839 A.2d 1038 (Pa. 2003). 10. In the present case, Dr. Conroy did not examine Mrs. Washinger, test her medicines, test her blood levels, etc. Rather Dr. Conroy only reviewed a list of medicines and Ms. Washinger's health history. 446888 11. Such methodology to formulate an expert opinion is not based on scientific data or evidence. There is no evidence of the validity of Dr. Conroy's methods or technique. Dr. Conroy performed no testing or analysis. Dr. Conroy offers no scientific, technical, or other specialized knowledge in support of his vague, speculative conclusion. 12. The instant action has not previously been assigned to any judge nor have any previous matters been ruled upon. 13. Plaintiff's counsel has advised Defendant's counsel of the foregoing Motion and he does not concur with it. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to preclude Dr. Conroy from testifying or in the alternative to schedule a Frye hearing to determine whether Dr. Conroy's testimony is admissible. INO & Ri a A. Sadlock, Es ire I.D. No. 472 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff Date: 8/16/10 446888 EXHIBIT A 07130/2010 15,33 7376268 CTRL PA HEM ONC PAGE 02/03 caumcPa?,mra q11VWt.V-W08Y e??tl?tcaL? July 28, 2010 Mr. Jefferson J. Shipman Johnson Duffie Stewart & Weidner 3b & Market St. Lemoyne, PA 17043 RE: Catherine L. and Ray C. Washinger vs. Eric A. Booz Case No.: 20084081 Civil Term Dear Mr. Shipman: Thank you for giving me the privilege of reviewing the medical records and providing an opinion on the medical status of Mrs. Washingor on the day of the accident. 22 May M. In the way of background, Mrs. Washinger was driving a motor vehicle which impacted a pickup truck operated by Mr. Eric Booz. This occurred on Ridge Road in Hopewell Township, Cumberland County. A few weeks prior to the accident the patient had undergone abdominoplasty. At the time of the accident, the patient was taking a series of medications. The medications ceded Lipttor, Lisinoprlt, Synthrold, Ritalin, aspirin, a mur&vitamin, Evista, Mirapex, Zoloft, and Prevacid. in addition, the patient was taking Humi ft anstifrn by injectable pump. The patient has chronic medical illnesses Including hypedipidemia, hypothyroktism, depression. The major medical issue at the time of the accident Is related to her recent major abdominal surgery, the abdom'kwksty, which had occurred only two weeks prior to the accident. The critical medication the patient was taking at that time was Rltalln and the FTdaGn was prescribed four hypersomndlence syndrome of which the patient had a known history prior to the aeddent The exact diagnosis was an Idiopathic hypersomnolence syndrome. Hypersomnolenee is a disease In which the patient essen lally Is sleepy during the day when one should be awake, or progression, or increastnp of the time she actually sleeps at night. There are multiple different mechanlsms for hypenromnolence syndrome. An extensive discussion of hypersomnolence syndrome Is outside the purview of this opinion. However, the fact that the patient has this diagnosis and has been act'wely medicated with Ritalin is a dear point of concern in a patient driving a motor vehicle. The Ritalin, or methylln, Is a medication used to treat ADHD, attention deficit hyperactivity disorder, in children. In the adult population the drug is used for narcolepsy which is the hypereomnotence syndrome. The Food and Drug Administration actually has released a statement considering the findings of an association between this stimulant medication and the recent sudden death In children. This occurred In only 2 of 564 children, 0.4%, of children Upper Level. 30 N. 12'h Street 0 Lemoyne, Pennsylvania 17043 a 717 737-5767 a FAX 737-6268 a laf90cphmoe.eom John D. Cootny, Jr., D.O., FA-CF., F.A.C.O.I. Affiliated with. Scott C= Barnes, D.O, F.AJLOX in JOHNS HOPIO NS U min Ifsssc TJ% KID, F.A.C.P. Joyce A. McCord SRN ONCOLOGY CENTER 07/30/2010 15:33 'V I V- 1J 7376258 Mr. Jefferson J. Shipman Johnson Duffie Stewart Ili Weidner July 28, 2010 Page Two V V V.t11 CTRL PA HEM ONC PAGE 03/03 in motor vehicle accidents who were taking stimulant medications and children who died suddenly. There are a lot of limitations of the study, but it is important to note these findings. This was published as a gmdal alert, "Stimulant Medications For AND As An Ongoing Safety Review Assessing Potential Rlsk To Children". It was published in June 2009. In addition, this medication and this class of medications are known to have central nenious system side effects including aggression, agitation, anger, anxiety, a confusional state, depression, dizziness, insomnia, irr ability, lethargy, mood alterations, and toxic psychosis. In addition, cardiovascular fink with a cardiac arrhythmia. This is a patient who had undergone general anesthesia two weeks prior to the accident and had a healing abdominal incision, actively being to #d for diabetes meliftus with an infusion pump, and taking both an antidepressant simultaneously with a hypeisomnotenoe drug. She then drives an automobile. She did not have proper control of the motor vehicle and Inwacted the vehicle of Mr, Booz. It is more likely than not that the combination of medications and her weakness from the recent surgery caused her to lose concentration or to exercise poor judgement, resulting in the accident. It is my medical opinion in reviewing the data available that Mrs. Washinger was more likely than not mentally impaired and exercised poor judgement on the day of the accident as a result of her underlying medical ovriditbns combined with recent surgery, recent anesthesia, and the effects of the combination of medications used for hypersomnolence and depression being given simultaneously, and that the combination of these factors together resulted in her poor judgement and affecting her driving skills. My opinions have been reached with a reasonable degree of medical certainty. If there's anything further I can provide, please feel free to call. Sincerely John D. Conroy, Jr., D.O., FACP, FACOI Assistant Professor of Oncology Johns Hopkins Oncology Center; Ciinical Professor, Dept. of Internal Medicine Division of Hematology and Medical Oncology Phlladeiphka College of Osteopathic Medlche JDC/kJl CERTIFICATE OF SERVICE AND NOW, this day of August 2010, I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing 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, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Michelle M. Milojevich 446888 CERTIFICATE OF SERVICE AND NOW, this 16th day of August 2010, I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing 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 MUZ 4L Michelle M. Milojevich 41 446888 3 as to 14 A& ao Air 9.'OL AUG 19 20113 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(Rangino-rovner com Catherine and RU Washinger CATHERINE L. WASHINGER and RAY C. WASHINGER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6081 ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED ORDER '2010, upon consideration of the ANDNOW, this 10tayof_kv?f?- foregoing Motion, it is hereby ordered that: 1) a rule is issued upon respondent to show cause why the petitioner is not entitled to the relief requested: 2) the respondent shall file an answer to the motion/petition within d7O day of this date; 3) ; 4) dis%?very shall be completed wi I (00 da4of this date; 41-d 3 5) ?-?t shall be held on 1S , a0/ , in courtroom of the Cumberland county Courthouse; and 9 '30 Q ?N 6) notice of the entry of this order shall be provided to all parties by the petitioner. URT: VJSTRIBUTION: ?Ichard A. Sadlock, Esquire, (rsadlock@angino-rovner.com), Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110, (717) 238-6791 (telephone), (717) 238-5610 (fax) J. ,,- refferson J. Shipman, Esquire, Ojs@jdsw.com), P.O. Box 109, Lemoyne, PA 17043 (717) 761- 4540 (telephone), (717) 761-3015 (fax) CIO 1 MaI?CL -- f , . li CATHERINE L. WASHINGER IN THE COURT OF COMMON PLEAS OF and RAY C. WASHINGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 08-6081 CIVIL TERM ERICK A. BOOZ, C Defendant JURY TRIAL DEMANDED a, r 1 f 1' -a G_? I VJ: ? ?_ st IN RE: PRETRIAL CONFERENCE ?C_ A pretrial conference was held on Wednesday ? September 8, 2010, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Richard A. Sadlock, Esquire, and present for the Defendant was Jefferson J. Shipman, Esquire. #7 0 ) ,i ww< This is a motor vehicle accident in which liability is hotly contested. The parties have agreed to bifurcate the trial. Therefore, the only issue to be tried this term is the liability issue. The parties estimate that it will take one and a half to two days to try. There are no scheduling conflicts. There is only one outstanding complicated legal issue which has been raised in the form of a motion in limine. We will rule upon that issue later today after receiving Defendant's answer to the motion. We note that we had originally scheduled a hearing on this matter for October 25, 2010. However, at the time we scheduled the hearing, we did not realize that this case had been listed way back in May and was scheduled for this term. Consequently, the October 25, 2010 hearing is cancelled. Since liability is hotly contested, there has been no settlement offer. By the Court, d:- ,ter' 000 m Edward E. Guido, J. Richard A. Sadlock, Esquire Attorney for Plaintiffs Jefferson J. Shipman, esquire Attorney for Defendants Prothonotary Court Administrator srs CATHERINE L. WASHINGER AND RAY C. WASHINGER, PLAINTIFFS v. ERICK A. BOOZ, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6081 CIVIL TERM VERDICT SLIP QUESTION 1: Do you decide that the defendant Erick Booz was negligent? :- -"- ?-- U Fri Yes No If you answer Question 1 "Yes," go to Question 2. If you answer Question 1 "No," you should not answer any further questions and should return to the courtroom. QUESTION 2: Was the defendant's negligence a factual cause of the accident? Yes No If you answer Question 2 "Yes," go to Question 3. If you answer Question 2 "No," you should not answer any further questions and should return to the courtroom. QUESTION 3: Was the plaintiff Catherine Washinger negligent? Yes No If you answer Question 3 "Yes," go to Question 4. If you answer Question 3 "No," go to Question 5. A? QUESTION 4: Was Catherine Washinger's negligence a factual cause of the accident? Yes No Go to Question 5. QUESTION 5: If you have found more than one party causally negligent, you must apportion the negligence among those parties. Taking the combined negligence that was a factual cause of any harm to the plaintiff as 100 percent, what percentage of that causal negligence was attributable to the defendant and what percentage was attributable to the plaintiff? Percentage of causal negligence attributable to the defendant (Answer only if you have answered "Yes" to Questions 1 and 2). Percentage of causal negligence attributable to the plaintiff (Answer only if you have answered "Yes" to Questions 3 and 4). Total 100% (Dat,6) Foreperson CATHERINE L. WASHINGER & RAY C ---- V S ---- ERICK A. BOOZ In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-6081 CIVIL Judge: MASLAND Attorney: --? iehard A . y(llI I bC.k Attorney: _t3c,n .? .1 pm(?n Date: glo?0/ID JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D p 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-68 CHRONISTER, SUSAN L 3 P o- 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-151 HOLT, ROGER A 5 6 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-211 FUHRMAN, KATHY A g IIIIIIIIIIIIIIIIIIIillllllilllllllllllll SEP20-89 CROWELL, PATRICK D 9 IIIIIIIIIIIIIIIIIIIIII111111111111111111 SEP20-253 WELCH, DESMA M IIIIIIIIIIIiIII SEP20-310 SHUGHART, I . N' ROB 13 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllll SEP20-275 KUGLER, CHERYL E 15 IIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIINIIII SEP20-179 MORN„ JR JOSEPH 16 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-312 GREINER, DAWN M 17 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-9 KRONICZ, JENNIFER A 18 1111111Iilll IIIII IIIII IIIII IIIII IIII IIII SEP20-28 KRAMER, JILL A 19 IIIIIIIIIIIIIIIIIillilllllllllllilllllll SEP20-338 KISNER, JEFFREY W 20 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-27 LEMMON, KATHRYN L 21 Illlllllllllllllllllllllllllllllllllllll SEP20-227 GEMBERLING, LINDA H x CATHERINE L. WASHINGER & RAY C ---- V S ---- ERICK A. BOOZ In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-6081 CIVIL I Judge: MASLAND Attorney: Attorney: Date: JURORS No. Juror # 23 Ilillllllllllillilllllllllllllllllllllil SEP20-29 24 IIIIINIIIIIIIINIINININIIHII n SEP20-240 25 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIQIIU SEP20-113 26 11111111111111 IIIIIIIIIIIIIIII SEP20-117 27 lillllllllllllllllllllnlllllllllllll SEP20-98 28 IIIIIlIlIIIININIIiIII{IIIIIIIIIINIIN SEP20- 29 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-208 30 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SEP20-186 31 1111111111111111111111111111111111fl11h SEP20-49 32 Illllllllllllllllllllllullllllllllllll SEP20- 33 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P20-47 34 1lllllllmllnllulllluln IIII SEP20-25 35 I IIIIIi IIIII l III IINI11NI11111111 SEP20-48 36 37 38 39 40 41 42 43 44 NAMES OF JURORS CALLED CAUSE I P I D POWLEY, STACY L BANKUS, BRENT C LINGENFELTER, REBECCA B SHUGHART, STEVEN L TONREY, MARYANN T BOWMAN, GAY E / A DALY, PE A 7XMKHAWALA-WOK, AMI SICKLES, ROBERT E \ LEBO, MARJORIE A ALBURGER, THOMAS C MILLER, JOAN L ~~~~~~~ ~u ~<`~ ~~ ~~ JOHNSON, DUFFIE, STEWART 8~ WEIDNER ~' I.~ t'<t [~ ~ ~ ~ r ; ~; ~ ~ ~] ~ ~g i `R' By: Jefferson J. Shipman, Esquire Attorneys for Dla~t;l~ I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E mail jisCcDidsw com CATHERINE L. WASHINGER and RAY C. WASHINGER, her husband, Plaintiffs v. NO. 08-6081 CIVIL TERM CIVIL ACTION -LAW ERICK A. BOOZ, Defendant JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT BASED UPON THE VERDICT Please enter judgment in favor of Erick A. Booz, based upon the jury verdict entered on the record Tuesday, September 21, 2010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By. Je rs J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: October 6, 2010 Attorneys for Defendant 417022 $I~. oo P n -otrl ~t+ 349 ~~ a~43~~ ~~ ~ •, Y • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, , postage prepaid, in Lemoyne, Pennsy{vania, on October 6, 2010: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER n J. Shi an, Esquire