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Home My WebLink About09-0667ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey 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 CASSIE SWARTZ, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CA• Lo(o7 Civc l (erM 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. 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. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. 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 CASSIE SWARTZ, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O'%- G 6 7 0-0r _J T CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Cassie Swartz is a citizen of the Commonwealth of Pennsylvania who resides in Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant Russell Davies is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 412 Freedom Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The facts and occurrences hereinafter related took place on or about October 18, 2008, at approximately 3:45 a.m. at the intersection of SR 0233 and SR 0011 Ritner Highway, near Newville, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Cassie Swartz was operating her motor vehicle, a 1997 Saturn, in an eastbound direction on SR 0233, approaching the intersection of SR 0233 and SR 0011. 5. Plaintiff Cassie Swartz proceeded through the subject intersection as she had a green traffic light. 401596 7- 6. At the same time and place, Defendant Russell Davies was operating a 1995 Nissan Maxima in a northbound direction on SR 0011, approaching a red traffic signal at the intersection of SR 0011 and SR 0233. 7. Defendant Russell Davies failed to stop at the red traffic light and proceeded through the subject intersection. 8. Defendant Russell Davies was operating his motor vehicle while under the influence of alcohol. 9. Because Defendant Russell Davies was intoxicated, he failed to stop at the red traffic signal and the front of his vehicle struck the passenger side of Ms. Swartz's vehicle. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Cassie Swartz are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Russell Davies operated his motor vehicle as follows: a. failure to stop at a red light; b. failure to stop his vehicle before colliding into the side of Ms. Swartz's vehicle; C. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; d. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; e. failure to keep proper and adequate control over his vehicle; f. driving while under the influence of alcohol in violation of 75 Pa. Cons. Stat. Ann. §3731; and 401599 2 g. 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. 11. Before the subject motor vehicle accident, the Defendant was consuming alcoholic beverages. 12. The Defendant knew or should have known that he was extremely intoxicated and was unable to safely operate a motor vehicle before the subject motor vehicle accident. 13. The Defendant knew or should have known that his conduct of operating a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights and safety of others on the roadway. 14. The Defendant knew or should have known that operating a motor vehicle while intoxicated created a high degree of risk of injury to other motor vehicle operators on SR 0233. 15. Defendant's reckless and outrageous conduct did cause a motor vehicle accident resulting in personal injury, and a claim for punitive damages is made therefor. 16. Plaintiff Cassie Swartz sustained painful and severe injuries which include but are not limited to multiple areas of bruising and contusions, as well as lacerations to her right ear and right cheek resulting in permanent disfigurement. 17. By reason of the aforesaid injuries sustained by Plaintiff Cassie Swartz, she was forced to incur liability for medical treatment and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 401599 3 18. Because of the nature of her injuries, Plaintiff Cassie Swartz has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Cassie Swartz has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 20. As a result of the aforesaid injuries, Plaintiff Cassie Swartz has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 21. As a result of the aforementioned injuries, Plaintiff Cassie Swartz has sustained work loss, and claim is made therefor. 22. Plaintiff Cassie Swartz continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 23. As a result of the aforesaid accident, Plaintiff Cassie Swartz has sustained scars which will result in a permanent disfigurement, and claim is made therefor. 401599 4 WHEREFORE, Plaintiff Cassie Swartz demands judgment against Defendant Russell Davies in an amount in excess of Fifty Thousand Dollars ($50,000.00), for both compensatory and punitive damages, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGR40 & ROVNER, P.C. Date: /' ? 'k)l David L. Uutz 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 401599 5 VERIFICATION I, Cassie Swartz, 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: ( - I - Al-n k Cassie Swartz Date: ' 401596 - C) rv ca 00 P ..s -- c m 00 r w ri SHERIFF'S RETURN - REGULAR CASE NO: 2009-00667 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWARTZ CASSIE VS DAVIES RUSSELL GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DAVIES RUSSELL was served upon DEFENDANT the , at 0018:40 HOURS, on the 10th day of February-, 2009 at 412 FREEDOM DRIVE SHIPPENSBURG, PA 17257 by handing to RUSSELL DAVIES FATHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 18.00 00 10.00 R. Thomas Kline .42 46.42 02/11/2009 ANGINO & ROVNER By. >?,.d day Deputy S iff A.D. C5 C = ...? j ? s i IN THE COURT OF COMMON PLEAS OF CUMBERLND COUNTY, PENNSYLVANIA CASSIE SWARTZ, Plaintiff NO. 09-667 CIVIL TERM V. RUSSELL DAVIES, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Russell Davies, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: February /f _, 2009 By: MICHAEL B. SCHEIB, SQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Russell Davies IN THE COURT OF COMMON PLEAS OF CUMBERLND COUNTY, PENNSYLVANIA CASSIE SWARTZ, NO. 09-667 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW RUSSELL DAVIES, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of February, 2009, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 1 l By: MICHAEL B. SCHEIB, ESQUI Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Russell Davies r 1l ?.. -7 - N ° 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 CASSIE SWARTZ, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-667 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Russell Davies, by and through counsel Michael Scheib, 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 October 18, 2008, at approximately 3:45 a.m., you were involved in a motor vehicle collision at the intersection of SR 0233 and SR 0011, Ritner Highway, near Newville, Cumberland County, Pennsylvania? Admit Deny 404443 2. Do you admit that before the subject motor vehicle collision, you were operating a 1995 Nissan Maxima in a northbound direction on SR 0011, approaching a red light signal at the intersection of SR 0011 and SR 0233? Admit Deny 3. Do you admit that you failed to stop at the red traffic light at the aforesaid intersection and proceeded through the subject intersection? Admit Deny 4. Do you admit that the front of your vehicle struck the passenger side of a 1997 Saturn that had been traveling eastbound on SR 0233? Admit Deny 5. Do you admit that before the subject motor vehicle collision, you were consuming alcoholic beverages? Admit Deny 6. Do you admit that at the time of the subject collision, you were incapable of safely operating a motor vehicle as you were driving the vehicle while under the influence of alcohol? Admit Deny ANGINO & ROVNER, P.C. vid 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 Date: L U1 404443 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. lupon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant Dated: ' V r ? v . erne - 404443 10 =:3 -J ) "T1 W 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 CASSIE SWARTZ, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-667 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.2 To: Defendant Russell Davies, by and through counsel Michael Scheib, 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: 404772 Do you admit that on September 21, 2006, you were arrested for driving under the influence? Admit Deny ANGINO & ROVNER, P.C. a id 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 Date: 404772 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: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant Dated: 404772 r.a p J zr _ crl l; r. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717)23$-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com UANWh J WAKIG, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-667 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO 3 To: Defendant Russell Davies, by and through counsel Michael Scheib, 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: 406560 1. Do you admit that you were involved in a motor vehicle accident on October 18, 2008? Admit Deny 2. Do you admit that after the subject motor vehicle accident, you spoke with a Pennsylvania State Police Officer? Admit Deny 3. Do you admit that after the subject motor vehicle accident, you spoke with the Pennsylvania State Police Officer and stated that the accident was your fault? Admit Deny 4. Do you admit that after the subject motor vehicle accident, you spoke with the Pennsylvania State Police Officer and stated that you ran the light? Admit Deny ANGINO & ROVNER, P.C. Davi . 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 406560 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.3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant Dated: ?Av 406560 Fn r C) r. r }~ t =IC c • ? ? ?? ice/ ? 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: dlutzgangino-rovner.com CASSIE SWARTZ, Plaintiff V. RUSSELL DAVIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-667 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO.4 To: Defendant Russell Davies, by and through counsel Michael Scheib, 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: 407512 1. Do you admit that on October 18, 2008, at approximately 3:45 a.m., you were the operator of a 1995 Nissan Maxima, traveling northbound on SR 0011, and that as you proceeded through the intersection of SR 0011 and SR 0233, that you proceeded through a green traffic light? Admit Deny 2. Do you admit that within eight hours before the motor vehicle collision that occurred at approximately 3:45 a.m., you were consuming alcoholic beverages? Admit Deny 3. Do you admit that your consumption of alcoholic beverages did not render you incapable of safely operating a motor vehicle on October 18, 2008, at approximately 3:45 a.m.? 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: ? f 407512 `. i 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.4 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant Dated:r Mary T. eraets 407512 F LED-t',IFF CE OF THE ROTH!NIOTARY 2009 APR -2 FBI 1: 0 2 ANG1N0 & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, FA i ;110-1708. (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com CABBIE SWARTZ, Plaintiff v. RUSSELL DAMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-667 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT -SET NO. 7 To: Defendant Russell Davies, by and through counsel Michael Scheib, 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: 420594 1. Do you admit that on August 18, 2009, you appeared before Judge Ebert and pleaded guilty to Driving Under the Influence, General Impairment with Accident, as a result of the motor vehicle collision involving Cassie Swartz? Admit Deny 2. Do you admit that Exhibit A attached hereto is Judge Ebert's August 18, 2009, Order with regard to your guilty plea? Admit Deny Dater ~~ {~`~j ~~ A G O & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 -fax dlutz@angino-rovner. com Attorney for Plaintiff 420594 COMMONWEALTH V RUSSELL JOSEPH DAVIES, III OTN: L445281-4 IN RE: GUILTY PLEA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CP-21-CR-001:-2009 CHARGE: (2) DUI, GENERAL IMPAIRMENT WITH ACCIDENT (2nd) AFFIANT: TPR. KIRK PERKI_V5 ORDER OF COURT AND NOW, this 18th day of August, 2009, the defendant having appeared in open court together with counsel, Paul Orr, Esquire, and having tendered a plea of guilty ~o the charge at Count 2, Driving Under the Influence, General Impairment v:~th Accident, an ungraded misdemeanor, in full satisfaction o~ any other charges at this term and number, his plea is accept:,d and recorded. The defendant is directed to appear for sentence on this matter on September 8, 2009, at 1:30 p.m. A driving ~znder the influence report is directed to be prepared. By the Court, t~. ~~ ` `,, M. L. Ebert, Jr. , J. _-_._ Michelle H. Sibert, Esquire Chief Deputy District Attorney Paul Orr, Esquire For the Defendant Q~r t Probation Office ~tD~1~S ~rle~ec!~c~ ~~~a ~ ""~~'~ ~) Court Administrator's Office Sheriff mtf 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. 7 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant Dated: ~ -} ~ ' (7~ ~~` " ~~~ Maly T, eraets 420594 t; 7 ~ s._ ~ L i3 ~~ f~'t .. 1 1) L,~Ji;l ~~ ~ _ .:('tit l i'_ .....s'L'~ ~'~, i 0 CASSIE SWARTZ, 1N THE COURT OF COMMON PLEAS OF ~ N ~ --. -~~ Plaintiff CUMBERLAND COUNTY, PENNSYLVA~i)i ~-- ~ -r, vs. • ~'~ ~ - CIVIL ACTION -LAW ~? ': c;a -r 4'Tl ~~ ~, J NO. 09-667 CIVIL ' ~- ~= -` ~' ~ RUSSELL DAVIES, _ : ~ =. ~ -~- =' ~ Defendant JURY TRIAL DEMANDED '' `--- +~ W ~s, ' IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 13, 2010, were David L. Lutz, Esquire, attorney for the plaintiff, and Michael B. Scheib, Esquire, and Gregory W. Bair, II, Esquire, attorneys for the defendant. The matter arises out of an intersection accident that occurred on October 18, 2008. As a result of both parties entering the intersection at approximately the same time, the front of Mr. Davies's vehicle impacted Ms. Swartz's driver's side door. The plaintiff sustained lacerations which have left her with some scarring. In addition, she has made a claim for lost wages. Following an investigation of the accident, the defendant was charged with driving under the influence, general impairment. He pled guilty to this charge on August 18, 2009. The plaintiff seeks to admit evidence of this conviction both as to negligence and punitive damages. The defendant will file a motion in limine for consideration by the trial judge. This otherwise uncomplicated trial should be of no more than two days' duration. Each side will have the usual number of juror challenges. 3F d January 13, 2010 J.---;.% f ~ ~.1~ r°'~y~`~' Kevin A. Hess, P.J. David L. Lutz, Esquire For the Plaintiff Michael B. Scheib, Esquire Gregory W. Bair, II, Esquire For the Defendant Court Administrator :rlm i ~ u , ,~.` , 1.~,. ~, ; r~; __ 1,~ ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17710-1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com CABBIE SWARTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v• ~ NO. 09-667 CIVIL TERM RUSSELL DAMES, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: 1--~--~ ~1~ Davt .Lutz PA 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 404095 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael Scheib, Esquire Griffith, Strickler, et al. 110 S. Northern Way York, PA 17402-3737 Attorney for Defendant ~. f ~~~lT- Ma eraets Dated: ~ ~ (~"~' 1~ 404095