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Home My WebLink About09-0385ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04 - .395 (2I'u t.L 6 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. OR???NA1- 401596 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEPHONE 1-800-692-7375 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta 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. LISTED 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association, P.O. Box 186, Harrisburg, PA 17108 TELEFONO 1-800-692-7375 401596 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 9- 3 S ,?- 6&;a 7744-, CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Michael Kraybill is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Lemoyne, Cumberland County, Pennsylvania. 2. Defendant Elizabeth Steever is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 129 14th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The facts and occurrences hereinafter related took place on or about September 17, 2007, near the corner of Kathryn Street and 15th Street, New Cumberland, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Michael Kraybill was walking south on Kathryn Street, on the east side of Kathryn Street. 5. At that time and place, Defendant Elizabeth Steever was operating her motor vehicle in an east direction on 15th Street and was in the process of making a left turn to go north on Kathryn Street. 401596 6. As Defendant Elizabeth Steever negotiated a left turn onto Kathryn Street but did not see Mr. Kraybill walking on the east side of Kathryn Street. 7. Because Mrs. Steever did not see Mr. Kraybill, the front right portion of her vehicle struck Mr. Kraybill while he was walking on Catherine Street. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Michael Kraybill are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Elizabeth Steever operated her motor vehicle as follows: a. failure to see Plaintiff Michael Kraybill walking on Kathryn Street; b. failure to avoid colliding into a pedestrian walking on Kathryn Street; C. failure to keep proper and adequate control over her vehicle so as to avoid striking a pedestrian; d. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 9. Plaintiff Michael Kraybill sustained painful and severe injuries which include but are not limited to abrasions to the left second, third, fourth, and fifth fingers; right elbow abrasion; right knee contusion; large contusion to his right hip that developed into a large hematoma developing into nerve entrapment; all resulting in an aggravation of his pre-existing polyneuropathy with chronic pain syndrome. 401596 2 10. By reason of the aforesaid injuries sustained by Plaintiff Michael Kraybill, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 11. Because of the nature of his injuries, Plaintiff Michael Kraybill has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Michael Kraybill has undergone, and in the future may undergo, physical and mental suffering, inconvenience in carrying out his daily activities, and loss of life's pleasure and enjoyment, and claim is made therefor. 13. As a result of the aforesaid injuries, Plaintiff Michael Kraybill has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Michael Kraybill has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 15. Plaintiff Michael Kraybill 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. 401596 3 WHEREFORE, Plaintiff Michael Kraybill demands judgment against Defendant Elizabeth Steever in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. DALL. z Date: I, Y? - 0? I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 401596 4 VERIFICATION I, Michael Kraybill, Plaintiff, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS: Michael bill Date: 4W6 40 1596 W VI r r?? N C? G c_ lJ 1 C.:1 t? 7- i;vj i ?. ;v .7 ? 1 -f L' SHERIFF'S RETURN - REGULAR CASE NO: 2009-00385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRAYBILL MICHAEL VS STEEVER ELIZABETH 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 STEEVER ELIZABETH the DEFENDANT , at 1635:00 HOURS, on the 27th day of January , 2009 at 223 8TH STREET NEW CUMBERLAND, PA 17070 ELIZABETH STEEVER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 15.30 Postage .42 •a Surcharge 10.00 R. Thomas Kline .00 43.72 01/28/2009 ANGINO & ROVNER Sworn and Subscibed to By: before me this day Deput S eriff of A.D. t"; r.,a ?? ?'- . ?t ,? 'r7: '"`F ? t ? tl- ` ??- c„„3 .,,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, CIVIL DIVISION Plaintiff, V. NO. 09 - 385 PRAECIPE FOR APPEARANCE ELIZABETH STEEVER, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16855 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, CIVIL DIVISION Plaintiff, V. NO. 09 - 385 ELIZABETH STEEVER, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Elizabeth Steever, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P n By: vin D. Rauh, unsel for Deft CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 30TH day of January, 2009. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKIED, "P. By: bvin`ff. Raugh, Esqui ounsel for Defendant ..? ;'-, ?? -rt ?? wrr E,3. ? r=?? ?=-? ? ' ;:..? ,?-; ?.? r ?, , ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-385 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Elizabeth Steever, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on September 17, 2007, you were operating your motor vehicle east on 15'h Street, planning to turn left and proceed north on Kathryn Street? Admit Deny 403512 2. Do you admit that as you turned left unto Kathryn Street, the front right portion of your vehicle struck Michael Kraybill while he was walking on Kathryn Street? Admit Deny 3. Do you admit that before you turned left onto Kathryn Street, you did not see Michael Kraybill walking on the east side of Kathryn Street? Admit Deny ANGINO & ROVNER, P.C. avid L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com ?G Attorney for Plaintiff Date: 403512 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: ? ; 57 0 403512 r-3 r) es; ; s -r? F cr% c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, Plaintiff, V. ELIZABETH STEEVER, Defendant. CIVIL DIVISION NO. 09 - 385 ANSWER AND NEW MATTER (Jury Trial Demanded) TO: Plaintiff You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, C=vV GUTHRIE and SKEEL, L.L.P. Summers, McDonnell, Hudock, Firm #911 Guthrie & Skeel, L.L.P. 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16855 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, CIVIL DIVISION Plaintiff, V. NO. 09 - 385 ELIZABETH STEEVER, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Elizabeth Steever, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Denied as stated. To the contrary, Defendant resides at 223 8th Street, New Cumberland, PA 17070. 3. Admitted. 4. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. Admitted in part, denied in part. It is admitted that Defendant had left 15th Street and was traveling North on Kathryn Street. The remainder of the allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that Defendant turned left onto Kathryn Street and did not see the Plaintiff walking on Kathryn Street. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted that the Defendant did not see the Plaintiff walking on Kathryn Street. The remainder of the allegations in paragraph 7 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Elizabeth Steever, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Elizabeth Steever, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. sy. Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Elizabeth Steever #16855 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of (-ebr?, , 2009. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY: '? ?? cc v? Kevin D. Rauch, Esquire Counsel for Defendant r-j 1 .5l rt, f i ? ?S ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-385 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.2 To: Defendant Elizabeth Steever, by and through counsel Kevin Rauch, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on September 17, 2007, you were operating your motor vehicle east on 15th Street and turned left onto Kathryn Street proceeding north? Admit Deny 404940 2. Do you admit that when you made left turn onto Kathryn Street, you did not see the Plaintiff walking on Kathryn Street? Admit Deny ANG1NO & ROVNER, P.C. A7 David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Date: Attorney for Plaintiff 404940 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: a i ) ? cf? 404940 N ,- r7 PI ? cn ) t ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-385 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 16. through 18. Denied. The Defendant's New Matter, paragraphs 16 through 18, all set forth conclusions of law to which no response is necessary. The factual allegations contained in the Plaintiff's Complaint are incorporated herein by reference. 404938 . WHEREFORE, Plaintiff respectfully requests that the Defendant's New Matter be dismissed. Date: d,)+,M ANGINO & ROVNER, P.C. x A- David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 404938 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: ? / ? A " Q'I- 404938 c-1 C=p cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, Plaintiff, CIVIL DIVISION V. ELIZABETH STEEVER, Defendant. NO. 09 - 385 (Jury Trial Demanded) CERTIFICATE PRE-REQUISITE 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, this Defendant certifies that: 1. A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve the Subpoena. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK GUTHRIE & SKEEL, L.L.P. Date: 0 A& VOA BY: LUJI--, _.C<OA?? (V VV) I Kevin D. Rauch, Esquire Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of (y) (7 C c In, , 2009. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: C c v v Kevin D. Rauch, Esquire Counsel for Defendant C an :13 r ? cp t ez =G co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, Plaintiff, V. ELIZABETH STEEVER, Defendant. CIVIL DIVISION NO. 09 - 385 (Jury Trial Demanded) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 State Farm To: David L. Lutz, Esquire Kevin D. Rauch, Esquire intends to serve a 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 record and serve upon the undersigned an objection to the subpoena. If the twenty (20) day notice period is waived or if no objection is made, the subpoena may be served. Date: u S -3/zo By: ICAJ C ?VV` Kevin D. Rauch, Esquire Attorney I.D. No. 83058 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant, Elizabeth Steever EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: State Farm RE: Michael Kraybill - The first party benefits file related to date of loss: September 17, 2007; and - The first party payment log related to date of loss: September 17, 2007. N ?-t L'x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, CIVIL DIVISION Plaintiff, NO. 09 - 385 V. DEFENDANT'S ANSWERS TO ELIZABETH STEEVER, PLAINTIFF'S REQUEST FOR Defendant. ADMISSIONS SET NO.2 (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #16855 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, Plaintiff, v. ELIZABETH STEEVER, Defendant. CIVIL DIVISION NO. 09 - 385 (Jury Trial Demanded) DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS SET NO.2 Admitted. 2. Admitted. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. BY• v (&-v Kevi D. Rauc , Esquire Counsel for Defendant VERIFICATION I, Elizabeth Steever, hereby verify that my Answers to Plaintiff's Request for Admissions Set No. 2 are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Elizabeth Steever Dated: 0 #16855 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS SET NO. 2 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre- paid, this 1 L4?_day of ffi4y_ 4? , 2009. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: C"'A (& I'k, \ - Kevin D. Rauch, Esquire Counsel for Defendant ?a n I Fri ?:;% • v ( may ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 PHONE: (717) 238-6791 FAX: (717) 238-5610 Attorney for Plaintiff- E-mail: dlutzna angino-rovner.com MICHAEL KRAYBILL, Plaintiff V. ELIZABETH STEEVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-385 Civil Term JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: David L. Lutz, Esquire; Kevin Rauch, Esquire; Erick Violago, Esquire; or any other attorneys from the law firm of Summers McDonnell located in Mechanicsburg. 413816 WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ANGINO & ROVNER, P.C. Da ' tz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff Date: LX `? 413816 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, et al. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant Matt' T. eraets Dated: 413816 OF THE 2 0 0 9 JUF ti 2 5 F 2: I *a4. oo p All `/ Co rP41o 5 a,ajaa8 r' MICHAEL KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW c n `-*i NO. 09-0385 CIVIL -~,~ E-- ELIZABETH STEEVER, -_;~ Defendant JURY TRIAL DEMANDED ~, ~-_ ~, ~ c `~- ~ ` ' ~ ~ -° `; c~ " '" IN RE: PRETRIAL CONFERENCE ~~ ' :~ c_ w .~ Present at a pretrial conference held January 13, 2010, were David L. Lutz, Esqu~e, ~' attorney for the plaintiff, and John A. Lucy, Esquire, attorney for the defendant. This involves an incident that occurred on September 17, 2007, when the plaintiff, a pedestrian, was struck by the defendant's vehicle near the corner of Kathryn Street and 15~' Street in New Cumberland. The plaintiff contends that the defendant's passenger side mirror struck Mr. Kraybill's right hip and that he was lifted into the air and fell onto the street. Liability is conceded in this case. The only legal issue in the case centers around one of Mr. Kraybill's claims with regard to damages. Specifically, he alleges that he took an early retirement from the Defense Logistics Agency in part based on his motor vehicle accident injuries and that the early retirement resulted in a diminution of his pension. The defendant intends to file a motion in limine, contending that the relationship between the accident and the plaintiffl s early retirement is too speculative to be considered by the jury. In scheduling the case, it should be noted that Mr. Lutz is also involved in case number 2 on the list, Swartz v. Davies. Counsel are satisfied that this case can be tried in a day. i ~; January 13, 2010 ~~~' '~~ `' Kevin ~. Hess, P.J. ~,. David L. Lutz, Esquire For the Plaintiff John Lucy, Esquire For the Defendant Court Administrator :rlm i .1 r ~e, ~ f ~~~` 1~~4" Y :.j~ 1 .. ~. r _ i~ i ~J ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MICHAEL KRAYBILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. I NO. 09-385 Civil Term ELIZABETH STEEVER, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PLAINTIFF' S RESPONSE TO DEFENDANT' S MOTION IN LIMINE TO PRECLUDE EVIDENCE OR TESTIMONY OF A FUTURE EARNING IMPAIRMENT CLAIM/WAGE LOSS AND NOW comes the Plaintiff, Michael Kraybill, by and through counsel, Angino & Rovner, P.C., and files this response to the Defendant's Motion in Limine as follows: 1. Admitted. 2. The Plaintiff s Complaint alleged that the Plaintiff sustained multiple abrasions and contusions, a large contusion to his right hip that developed into a large hematoma developing into nerve entrapment and an aggravation of his pre-existing polyneuropathy with chronic pain syndrome. See, Plaintiff s Complaint, paragraph 9. 3. Admitted. OR161NAL 430720 i 4. Denied. As noted during Your Court's pre-trial conference and as set forth in Your Court's Pre-Trial Conference Memo, attached as Exhibit A, the Plaintiff is not claiming that he sustained a total loss of future earning capacity, but alleges that he took an early retirement from the Defense Logistics Agency in part based on his motor vehicle accident injuries and that the early retirement resulted in a diminution of the Plaintiff s pension. See also, Plaintiff's answer to Interrogatory No. 11 of the Defendant's Supplemental Interrogatories (No. 11 attached hereto as Exhibit B). 5. It is for the jury to determine if the Plaintiff's injuries sustained in the subject motor vehicle collision caused his early retirement and, as such, caused a diminution of his pension. 6. through 11. It is admitted that the Plaintiff has the burden to prove his damages. 12. Plaintiff is not seeking a recovery for a total loss of earning power. As previously indicated, Plaintiff is alleging that he took an early retirement from the Defense Logistics Agency in part based on his motor vehicle accident injuries and that the early retirement resulted in a diminution of his pension. 13. Dr. Brier's September 19, 2008, report is attached to the Defendant's Motion as well as the Plaintiff sere-Trial Memorandum. It should be noted that Dr. Brier confirmed that the Plaintiff "missed work intermittently because of the problem with the hip and problems from his accident." Dr. Brier also noted that the Plaintiff was significantly disabled and "made much worse by this car accident and lost time at work and had great personal distress because of it." 14. Admitted. 15. Admitted. 16. Admitted. 430720 2 17. It is admitted that at the time of Dr. Brier's report of September 19, 2008, the Plaintiff had returned to work, but as indicated by Dr. Brier, he was having a great deal of difficulty doing his job. 18. Admitted. 19. It is admitted that the Plaintiff was working full time at the Defense Logistics Agency before the subject motor vehicle collision on a full-time basis and it was not until after the motor vehicle collision that the Plaintiff had to seek an early retirement. 20. It is admitted that Dr. Brier does not utilize the word "permanent" in his report. 21. through 25. It is for the jury to determine, based on the evidence presented by the Plaintiff and by Dr. Brier's report and office records, whether the Plaintiff's early retirement from the Defense Logistics Agency was based in part on his motor vehicle accident injuries. WHEREFORE, Plaintiff Michael Kraybill respectfully requests that Your Honorable Court enter an Order denying the Defendant's Motion in Limine and permitting the jury to weigh the evidence and determine if Mr. Kraybill's early retirement from the Defense Logistics Agency was based in any part on his motor vehicle accident injuries. ANG1N0 & ROVNER, P.C. Date: f ,~ ~ ..- 430720 3 David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 -fax dlutz@angino-rovner. c om Attorney for Plaintiff MICHAEL KRAYBILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.09-0385 CIVIL ELIZABETH STEEVER, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 13, 2010, were David T,. Lutz, Esquire, attorney for the plaintiff, and John A. Lucy, Esquire, attorney for the defendant. This involves an incident that occurred on September 17, 2007, when the plaintiff, a pedestrian, was struck by the defendant's vehicle near the corner of Kathryn Street and 15th Street in New Cumberland. The plaintiff contends that the defendant's passenger side mirror struck Mr. Kraybill's right hip and that he was lifted into the air and fell onto the street. Liability is conceded in this case. The only legal issue in the case centers around one of Mr. Kraybill's claims with regard to damages. Specifically, he alleges that he took an early retirement from the Defense Logistics Agency in part based on his motor vehicle accident injuries and that the early retirement resulted in a diminution of his pension. The defendant intends to file a motion in limine, contending that the relationship between the accident and the plaintiff s early retirement is too speculative to be considered by the jury. In scheduling the case, it should be noted that Mr. Lutz is also involved in case number 2 on the list, Swartz v. Davies. Counsel are satisfied that this case can be tried in a day. January 13, 2010 ~ r ~ ~'`~ /f `~~- Kevin A. Hess, P.J. ;' !f ~' ~ ~ ~~ David L. Lutz, Esquire For the Plaintiff John Lucy, Esquire For the Defendant Court Administrator :rlm f 8. Please state the total amount of any wage loss you will be claiming at trial as a result of the subject accident. ANSWER: $1,10.40 (See p. 11 of Plaintiff s Arbitration Memo.) 9. Please state whether you have received any payments from your first party insurance carrier for loss of income. If so, please state the total amount received. ANSWER: None as Plaintiff did not own a vehicle at the time of the accident and did not reside with anyone that owned a vehicle at the time of the accident. 10. Please state whether you received any reimbursement for loss of income from any other source and state the amount. ANSWER: None received. 11. Please state whether you will be pursuing a claim for future impairment of earning power. If so, please state the amount of such claim and provide a copy of any report or documentation supporting such claim. ANSWER: Retired within one week of 55t" birthday -May 31, 2009. Attached are 2007 income tax returns plus "Notice of Annuity" that details Plaintiff s current monthly pension. Calculating the difference between 2008 annual gross earnings and current annualized earnings, $3,666.11, multiplied by 10 -age 55 to 65 lost earnings, equals $36,667.00. 423253 ~~,~ fi ~ CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE TO PRECLUDE EVIDENCE OR TESTIMONY OF A FUTURE EARNING IMPAIRMENT CLAIM/WAGE LOSS upon all counsel of record via postage prepaid first class United States mail addressed and via e-mail as follows: John Lucy, Esquire Summers, McDonnell, et al. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Defendant ~. . ~ 0 Mary . Ge ets w ~ Dated: 1--a 430720 . t FfI~O-±~;=c=IC~ 2010 FE8 1 Q PIS 2. I b I. ~ PV JY 11 1 ~ ~ ''~~ ~ 1 ~ 11V l~t_tC?I ~I,a; FFg ~ ~ 2o~oG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KRAYBILL, Plaintiff, v. ELIZABETH STEEVER, Defendant. CIVIL DIVISION NO. 09 - 385 (Jury Trial Demanded) ORDER AND NOW, TO WIT, this /B` day of ~~ 2010, it is hereby ORDERED, ADJUDGED, and DECREED that the verdict in the above-captioned case is molded to the sum of $25,020.38 as the maximum amount of damages recoverable upon the trial of an appeal of the award of arbitrators. BY THE COURT: J. Distribution to: John A. Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 ~vid L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 t ES ~'L~~-l. ! Sl~~ ~~