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Home My WebLink About04-2061 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. t"'l4 - ::J^LI (1;u;l~'-rEltn'\ Civil Action (X) Law ( ) Equity Donna Hatter 936 Herman Drive Mechanicsburg, PA 17055 Sammie Jo Wire 111 N. Sporting Hill Road Mechanicsburg, PA 17050 and and Kyle Hatter 936 Herman Drive Mechanicsburg, PA 17055 Steward Wire 111 N. Sporting Hill Road Mechanicsburg, PA 17050 Plaintiff & Address Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X Two Writs of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: S/Glo'-\, t/ /".... Signature of Attorney Supreme Court I.D, No, 70242 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE Date: (Yl';:l'f 7/ :J..OO,/ COMMENCED AN ACTION AGAINST YOU. .a~k.4 ~ 1\y: a f)QJ) P. Cyy}rl/AI'f. r Deputy , 'C 1 (::) ~ 1ft. CI1 .Vl ...... W V? (2) Ci ~ 0 (') ....., c:;> 0 C" c..-.? ...., .L- ~ ~ ~. -< I~. - nli~ -< C>- I -c-,rn ~ _l =py - 7~~~ '. " .',_C l_; ;.~~~ , 1" .:,~ ..;2;: ,.;> '-'" -~ 0 ..fJ , \.D -':: SHERIFF'S RETURN - REGULAR CASE NO: 2004-02061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HATTER DONNA ET AL VS WIRE SAMMIE JO ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WIRE SAMMIE JO the DEFENDANT , at 1625:00 HOURS, on the 11th day of May , 2004 at 111 N SPORTING HILL ROAD MECHANICSBURG, PA 17055 by handing to TOYA WIRE, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.66 .00 10.00 .00 37.66 So Answers: .r~~, R, Thomas Kline 05/12/2004 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: me this ~ day of ~ ~~gr A"D. -'51,,11:. ~_1......,_~ (J Prothonotary r SHERIFF'S RETURN - REGULAR CASE NO: 2004-02061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HATTER DONNA ET AL VS WIRE SAMMIE JO ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WIRE STEWARD the DEFENDANT , at 1625:00 HOURS, on the 11th day of May , 2004 at 111 N SPORTING HILL ROAD MECHANICSBURG, PA 17055 by handing to TOYA WIRE, MOTHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 .00 ,00 10.00 .00 16.00 So Answers: r~?~ R. Thomas Kline 05/12/2004 SCHMIDT RONCA KRAMER Sworn and Subscribed to before By: me this ~ day of ~ ~Q- V A.D, -4' D'-.. ~ 1-1-., ~ ~'O _ ~ l~ . (f Prothonotary CI ~ "-J DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 04-2061 STEWART A. WIRE and SAMMIE JOE WIRE, CML ACTION - LAW Defendants JURY TRIAl. DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Scott B. Cooper, Esquire of SCHMIDT, RONCA & KRAMER, P.C. as attorney of record for the Plaintiffs in the above-captioned action. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. (,/'7~1 ott B. Cooper, Esquire Attorney I.D. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 DATE: "" = = ~ L_ ~ o -il -- .--\ :'C-n n:1i-1 ::g9 qc~ :::~; ,;."~(--) .~nl .~:{ -1.::- :n ., 1 CO ? f',' DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 04-2061 STEWART A. WIRE and SAMMIE JOE WIRE, CML ACTIiDN - LAW Defendants JURY TRlAl[' DEMANDED CERTIFICATE OF SI~RVICE AND NOW, this 7thth day of June, 2004, I, Keyoung J. Gill, legal assistant to Scott B. Cooper, Esquire, hereby certify that I have served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, Certified Mail, Return Receipt Requested, at Harrisburg, Pennsylvania, addressed to: Stewart A. Wire Sammie Joe Wire 111 N. Sporting Hill Road Mechanicsburg, PA 17050 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY:~~. ~ Keyoung GIll Schmidt, Ronca, & Kramer, P,C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 <;] ,..., 0 = = -n '--, or :I!"" ,- c:: f1'P: ..,..,.. :j -- -00-1 , '7~9 CO ;SC> 7:::": :-~~~ .,...;;c... (~i:f?l .- - ':~. - - "" ~ N ::( N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIVISION NO. 04-2061 v. PRAECIPE: FOR APPEARANCE (Jury Trial Demanded) SAMMIE JO WIRE and STEWARD WIRE, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D, Rauch, Esquire Pa, I.D. #8~1058 SUMMERS, McDONNELL, WALSH and SKEEL, L.LP, Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-5916 #12823 IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIVISION NO, 04-2061 v, SAMMIE JO WIRE and STEWARD WIRE, Defendants, (Jury Trial Demanded) PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Walsh & Skeel, L.L.P., on behalf of the Defendants, Sammie Jo Wire and Steward Wire, in the above case. JURY TRIAL DEMANDED Respectfully submitted, S, MCDONNELL, WALSH & SKEEL L.L.P. f By: ~ evin D. Rauch, Esquire Counsel for Defl::lndants CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe of Appearance has been mailed by U.S. Mail to counsE~1 of record via first class mail, p"tage p"'-pe;d, th;'~ dey of~, 2004 Scott B, Cooper, EsquirEl Schmidt, Ronca and Kramer 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNE:LL, WALSH & SKEEL By: vin D. Rauch, Esquire Counsel for Defendants - () ...., c = ~ ~ ?! :;7f-?1 <- ~~ ~7-' c: .' r- ([; I ~m -<.' -.l r< ~~ ^ ~~;~ " ~ (j:D ..~C') - Om #..- .. ---t -" '"'1;::.. -< W :n \.0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIVISION NO, 04-20151 v. PRAECIPE FOR RULE TO FILE COMPLAINT (Jury Trial Demanded) SAMMIE JO WIRE and STEWARD WIRE, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D, Rauch, Esquire Pa.I.D.#8:1058 SUMMERS, McDONNELL, WALSH and SKEEL, L.L.P. Firm #911 1017 Mumma Road Lemoyne, PA 17043 (717) 901-~)916 #12823 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIVISIION NO. 04-2061 v. SAMMIE JO WIRE and STEWARD WIRE, Defendants, (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiffs, Donna Hatter and Kyle Hatter to file a Complaint in Civil Action within twenty (20) days, Respectfully submitted, SUMMERS, McDONNELL, WALSH & SKEEL By: ~ evin D. Rauch, Esquire Attorney for Defendants Sammie Jo Wire and Steward Wire CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cOPll of the foregoing Praecipe for Rule to File Complaint has been mailed by U.S. Mail to counsel of record via first class m,;I, P"""'g, pffi-p'~, Ih. / "tl d"Y of ~ Scott B. Cooper, Esquire Schmidt, Ronca and Krame!r 209 State Street Harrisburg, PA 17101 ,2004. By: evin D. Rauch, =squire Attorney for Defendants Sammie Jo Wire .and Steward Wire C? "'-> 0 ..:::J c~ c.:> on ~- ,- ._~ :r: l.~:= n1jD 1".'- \) m (J Ty 'D i',j( ) ., - ", ~-5l~ <_'"i 1'1 (~, ~ 4 l"'> f'" :;:.r f"\,.) -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIVISION NO. 04-20E51 v. SAMMIE JO WIRE and STEWARD WIRE, Defendants. (Jury Trial Demanded) RULE AND NOW, this /~, day of JJ~ ' 2004, upon consideration of Defendants' Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiffs to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this Iq~ day of .Jt..< J d , ,2004. -0-, /)-h,- )~ Prothonotary (') "'-> () (;:"'::1 <:; c.~ .. -'0'" (,,"": :;1 '.- n'i " f- p "FE w :ij ~ ()(.1.. ---:--I..:;-::) ::0 ;:\:-:t.i _. ~__!: c ) l,~,' C} in ( (., ~: .::'::-i ,,~) :lJ -( w -< SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 ScooDer(ii),arklaw.com DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. Civil Action -. Law SAMMIE JO WIRE and STEWARD WIRE, No. 04-2061 Defendants Jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended 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 a 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT ,AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 ScooDer(ii),arklaw.com DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. Civil Action - Law SAMMIE JO WIRE and STEWARD WIRE, Defendants No. 04-2061 Jury Trial Demanded NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la. demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR ~rELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEG)~. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Scooper(alsrklaw.com DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAl~D COUNTY, PA Plaintiffs v. Civil Action - Law SAMMIE JO WIRE and STEWARD WIRE, Defendants No. 04-2061. Jury Trial Demanded COMPLAINT AND NOW, come the Plaintiffs, Donna M. Hatter and Kyle Hatter, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully set forth as follows: 1. Plaintiff Donna M. Hatter and Kyle Hatter are adult individuals currently residing at 936 Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendants Sammie Jo Wire and Steward Wire are adult individuals currently residing at 111 N. Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The facts and occurrences hereinafter stated took place on or about June 2, 2002, on East Simpson Street in Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Plaintiff Donna M. Hatter was driving her motor vehicle, a 1995 Chevrolet Beretta, and traveling eastbound on East Simpson Street (State Route 2014). 5. At the aforementioned time and place, Sammie Jo Wire was sixteen years old and driving a 1987 Nissan Pulsar, with the permission of its owner, and proceeding eastbound on East Simpson Street (State Route 2014) directly behind the Hatter vehicle. 6. The Hatter vehicle stopped and a rear-end collision occurred when Defendant, Sammie Jo Wire, failed to stop. 7. The collision between the vehicles caused the injuries to Plaintiffs set forth below. COUNT I DONNA M. HATTER v. SAMMIE: JO WIRE NEGLIGENCE 8. Paragraphs 1 through 7 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 9. The accident was caused by the negligence and carelessness of Defendant Sammie Jo Wire and was in no way caused or contributed to by Plain tiffs. 10. The negligence and carelessness of Defendant Sammie Jo Wire consisted of the following: a. failing to have her vehicle under proper and adequate control; b. failing to apply her brakes in time to avoid the collision with the Hatter vehicle; c. negligently applying the brakes; 2 d. operating her vehicle at an excessive rate of speed under the circumstances; e. violating the assured clear distance rule; f. failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; g. operating her vehicle so as to create a dangerous situation for other vehicles on the roadway; h. following too closely; 1. carelessly disregarding the safety of others by driving her vehicle into the rear of the Hatter vehicle, in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. 13 3714; and J. otherwise operating said vehicle in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania for following too closely. 11. As a direct and proximate result of the negligence and accident, Plaintiff Donna M. Hatter suffered serious injuries and what are believed may be permanent, which include the following: a. neck, right arm, and back pain requmng two emergency room visits and epidural steroid injections; b. surgery for right carpal tunnel syndrome; c. herniated disk at C5-C6, disc protrusion at C6-C7, ad spondylitic changes at C5-C6, requiring epidural steroid injections; d. right median nerve impairment at the elbow and wrist; e. strained right trapezius muscle; f. cervical sprain and strain; g. left sciata pain; h. muscle spasms and pain associated therewith; 1. numbness in her right arm; J. decreased lumbar and cervical ranges of motion; k. frequent headaches; 1. swelling and involuntary tremors in her right hand; and m. inability to play sports she previously enjoyed, such as volleyball, basketball, swimming, and bowling. 12. As a direct and proximate result of the negligence and accident, Plaintiff, Donna M. Hatter, has incurred medical expenses to date and may 3 continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 13. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 14. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 15. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 16. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 17. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter may have suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses past and future is made. 4 WHEREFORE, Plaintiff Donna Hatter demands judgment on the Defendant, Sammie Jo Wire, in an amount in excess of Thirty-five Thousand Dollars ($35,000) and in excess of an amount requiring compulsory arbitration. COUNT II KYLE HATTER v. SAMMIE J() WIRE LOSS OF CONSORTIUl\![ 18. Paragraphs 1 through 17 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 19. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Kyle Hatter has suffered a loss of consortium, which may include the following: a. diminished society and companionship of Plaintiff Donna M. Hatter; b. inability to participate with Plaintiff Donna M. Hatter in activities previously enjoyed, including bowling, swimming, volleyball, and basketball; c. diminished aid and assistance of Plaintiff Donna M. Hatter. WHEREFORE, Plaintiff Kyle Hatter demands judgment on the Defendant, Sammie Jo Wire, in an amount in excess of Thirty-five Thousand Dollars ($35,000) and in excess of an amount requiring compulsory arbitration. COUNT III DONNA M. HATTER v. STEWARD WIRE NEGLIGENT ENTRUSTM:ENT 20. Paragraphs 1 through 19 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 5 21. The accident was caused by the negligence and carelessness of Defendant Steward Wire and was in no way caused or contributed to by Plain tiffs. 22. The negligence and carelessness of Defendant Steward Wire consisted of allowing Defendant Sammie Jo Wire to drive his car without supervision and in dark conditions, when he knew and/or should have known of her lack of driving experience, propensity to drive carelessly, and inability to control her vehicle. 23. As a direct and proximate result of the negligence and accident, Plaintiff Donna M. Hatter suffered serious injuries and what are believed may be permanent, which include the following: a. neck, right arm, and back pain requlrmg two emergency room visits and epidural steroid injections; b. surgery for right carpal tunnel syndrome; c. herniated disk at C5-C6, disc protrusion at C6-C7, and spondylitic changes at C5-C6, requiring epidural steroid injections; d. right median nerve impairment at the elbow and wrist; e. strained right trapezius muscle; f. cervical sprain and strain; g. left sciata pain; h. muscle spasms and pain associated therewith; 1. numbness in her right arm; J. decreased lumbar and cervical ranges of motion; k. frequent headaches; 1. swelling and involuntary tremors in her right hand; and m. inability to play sports she previously enjoyed, such as volleyball, basketball, swimming, and bowling. 24. As a direct and proximate result of negligence and the accident, Plaintiff, Donna M. Hatter, has incurred medical expenses to date and may 6 continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 25. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has been advised and therefore avers that the aforementioned injuries may be permanent in nature and effect and, thus, a claim f)or these injuries is made. 26. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 27. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 28. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 29. As a direct and proximate result of the negligence and the injuries sustained in the motor vehicle accident, Plaintiff Donna M. Hatter may have suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses past and future is made. 7 WHEREFORE, Plaintiff Donna Hatter demands judgment on the Defendants, Steward Wire, in an amount in excess of Thirty-five Thousand Dollars ($35,000) and in excess of an amount requiring compulsory arbitration. COUNT IV KYLE HATTER v. STEWARD WIRE LOSS OF CONSORTIU:M[ 30. Paragraphs 1 through 29 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 31. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Kyle Hatter has suffered a loss of consortium, which may include the following: a. diminished society and companionship of Plaintiff Donna M. Hatter; b. inability to participate with Plaintiff Donna M. Hatter in activities previously enjoyed, induding bowling, swimming, volleyball, and basketball; c. diminished aid and assistance of Plaintiff Donna M. Hatter. WHEREFORE, Plaintiff Kyle Hatter demands judgment on the Defendant, Steward Wire, in an amount in excess of Thirty-five Thousand Dollars ($35,000) and in excess of an amount requiring compulsory arbitration. By: /' Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 2:'12-6300 Attorney for Plaintiffs ER,P.C. SCHMIDT, RONCA & VERIFICATION BASED UPON PE:RSONAL KNOWLEDGE AND INFORMATION SUPPUED BY COUNSEL We, Donna M. Hatter and Kyle Hatter, hereby verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information that has been gathered by my counsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not ours. We have read the Complaint, and to the extent that it is based upon information that we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 9 4904 relating to unsworn falsifications made to authorities. Date: 1121/01 ( ! 1lw= ~(~tt'"-) Donna . Hatter Date: 1/"\-1/04- I I -4/.1 ..z.. ~ ~~e Hatter DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 04-2061 STEWART A. WIRE and SAMMIE JOE WIRE, CIVIL ACTION - LAW Defendants JURY TRIAL. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4th day of August, 2004, I, Keyoung J. Gill, legal assistant to Scott B. Cooper, Esquire, hereby certify that I have served a true and correct copy of the foregoing Complaint by depositing a copy of the same in the United States Mail, postage prepaid, Certified Mail, Return Receipt Requested, at Harrisburg, Pennsylvania, addressed to: Kevin D. Rauch, Esquire Summers, McDonnell, Walsh & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY j,~ /J;.tt ~lg ill ' Schmidt, Ronca, & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 , o (' ~ .",~ "'-> (:'.:;l c;:;:! ...r.:"~ , <D J~<' \/~) (".) \..0 ~ j/ o -Tl --; :1: ., r11,d en o (j.) :rl I~'") h'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, v. CIVIL DIVISION NO. 04-2061 ANSWER AND NEW MATTER (Jury Trial Demanded) SAMMIE JO WIRE and STEWARD WIRE, Defendants. Filed on Behalf of the Defendants Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. 1.0. 1~83058 SUMMERS, McDONNELL, WALSH and SKEEL, L.L.P. Firm #911 TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from se ice her or a judgment m bee ag i st you. 1017 Mumma Road LemoynE~, PA 17043 (717) 901-5916 Su m, onn & Skeel, L.L.P. #12823 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HATTER and KYLE HATTER, Plaintiffs, CIVIL DIIVISION NO. 04-2061 v. SAMMIE JO WIRE and STEWARD WIRE, Defendants. (Jury Trial Demanded) ANSWER AND NEW MA.TTER AND NOW, comes the Defendants, Sammie .10 Wire and Stewart Wire, by and through and their attorneys, Summers, McDonnell, Walsh & Skeel, L.L.P., Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments, therefore sclid averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. The Defendants believe and therefore aver that the Plaintiff's vehicle was not at a complete stop prior to impact. 7. Paragraph 7 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. COUNT I 8. In response to paragraph 8, the Defendants reiterate and repeat all their responses in paragraphs 1 - 7 as if fully set forth at length herein. 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). Stri<:t proof thereof is demanded at the time of trial. 10. Paragraph 10 and all its subparts stalte legal conclusions to which no response is required. To the extent, however, that a re'sponse 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 and all its subparts state legal conclusions 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 t() 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). Stri,ct 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). Strilct 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 neeessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Striet proof thereof is demanded at the time oftrial. 16. Paragraph 16 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). Stri<:t proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed ne<:essary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Stric:t proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Sammie Jo Wire and Stewart Wire, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT II 18. In response to paragraph 18, the Defendants reiterate and repeat all their responses in paragraphs 1 - 17 as if fully set forth at length herein. 19. Paragraph 19 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, after 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, Defendants, Sammie Jo Win9 and Stewart Wire, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT III 20. In response to paragraph 20, the Defendants reiterate and repeat all their responses in paragraphs 1 - 19 as if fully set forth at length herein. 21. Paragraph 21 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed neo9ssary, it is specifically denied that Stewart Wire acted in a negligent and careless manner. To the contrary, Mr. Wire acted in a reasonable and prudent manner at all times. 22. Paragraph 22 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, it is specifically denied that Stewart Wire acted in a negligent and careless manner. To the contrary, Mr. Wire acted in a reasonable and prudent manner at all times. 23. Paragraph 23 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a rE~sponse 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. 24. Paragraph 24 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). Stril=t proof thereof is demanded at the time of trial. 25. Paragraph 25 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed neGessary, 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. 26. Paragraph 26 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. 27. Paragraph 27 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 oftrial. 28. Paragraph 28 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. 29. Paragraph 29 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 oftrial. WHEREFORE, Defendants, Sammie Jo Wire and Stewart Wire, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. COUNT IV 30. In response to paragraph 30 the Defendants reiterate and repeat all their responses in paragraphs 1 - 29 as if fully set forth at length herein. 31. Paragraph 31 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 oftrial. WHEREFORE, Defendants, Sammie Jo Wir<B and Stewart Wire, respectfully requests this Honorable Court enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 32. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and these! Defendants assert, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 33. Some and/or all of Plaintiffs' claims fOlr 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. 34. To the extent that the Plaintiff has sellected the limited tort option or is deemed to have selected the limited tort option them these Defendants set forth the relevant provisions of the Pennsylvania Motor Vehicle! Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 35. The Defendants plead any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendants, Sammie Jo Wire and Stewart Wire, respectfully requests this Honorable Court to enter judgment in their favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, By , McDONNELL, WALSH & SKEEL, L.L.P. I - e aLlch, Esquire Counsel for Defendants VERIFICATION Defendant verifies that she is the Defendanll 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 ::~':~~:~~ rnlmiog to "Zoo;;:: Sammie Jo Wire #12823 VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has heen gathered by his 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 he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he 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. 94904, relating to unsworn falsification to authorities. Date: .r//?/IJ'I --e k;/ t7 uL:.. Stewart Wire #12823 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, ('d ~ postage pre-paid, this 3 day of 004: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 ----- (') ..." 0 <= ~-:.;. ~~ .. ~ u, :;:1 " " ffifD ~'v I -'orrl ~ ,.., r 1 (, _A.' Y _J .~, 6 ' . ~, -0 --r-Tl -..'" ~-'~~~ - ,-j I ~2 ,>>, C) ::..(.) "" .< SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Scooper(alsrklaw. com DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. Civil Action - Law SAMMIE JO WIRE and STEWARD WIRE, Defendants No. 04-2061 Jury Trial Demanded PLAINTIFFS' REPLY TO DEFENDANTS' ANSWER AND NEW MATTER AND NOW, come the Plaintiffs, Donna M. Hatter and Kyle Hatter, by and through their attorneys, Schmidt, Ronca, & Kramer, P.C., and answer the Defendants' Answer and New Matter as follows: 32. Paragraph 32 of Defendants' New Matter is a conclusion of law to which no response is required. 33. Paragraph 33 of Defendants' New Matter is a conclusion of law to which no response is required. 34. Paragraph 34 of Defendants' New Matter is a conclusion of law to which no response is required. 35. Paragraph 35 of Defendants' New Matter is a conclusion of law to which no response is required. WHEREFORE, Plaintiffs' respectfully request this Honorable Court enter judgment in their favor and against Defendants, as requested in their Complaint. SCHMIDT, RONCA & KRAMER, P.C. By: ft Dated: 9/d)aij Scott B. Cooper, Esquire I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ATTORNEY VERIFICATION I, Scott B. Cooper, Esquire, verifY that I am attorney of record for the Plaintiffs. I verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 134904 relating to unsworn falsifications to authorities. Date: r; Ia-JOi; /f/ Scott B. Cooper, Esquire DONNA M. HATTER and KYLE HATTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 04-2061 STEWART A. WIRE and SAMMIE JOE WIRE, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 8th day of September, 2004, I, Keyoung J. Gill, legal assistant to Scott B. Cooper, Esquire, hereby certify that I have served a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' Answer and New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Kevin D. Rauch, Esquire Summers, McDonnell, Walsh & Skeel, LLP 1017 Mumma Road Lemoyne, PA 17043 ~~ Keyoung Gill Schmidt, Ronca, & Kramer, P.C. 209 State Street Harrisburg, PA 17101 (717) 232-6300 (-, "., C.:::> :..~::: (") ~r\ (/) ;:-:j ,) \.;:;- -" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HA TIER and KYLE HA TIER, Plaintiffs, CIVIL DIVISION NO. 04-2061 v. CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 (Jury Trial Demanded) SAMMIE JO WIRE and STEWARD WIRE, Defendants. Filed on Behalf of the Defendants 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 Lemoyne, PA 17043 (717) 901-5916 #12823 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA HA TIER and KYLE HA TIER, Plaintiffs, CIVIL DIVISION NO. 04-2061 v. SAMMIE JO WIRE and STEWARD WIRE, Defendants. (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 Subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party. By correspondence dated October 28, 2004, attorney for Plaintiff, Scott Cooper, Esquire, waived the twenty (20) day notice period. (A true and correct copy of the correspondence dated October 28, 2004, is attached hereto as Exhibit "A".) 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, and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve the Subpoena. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRI~ & S L Date: NO) 1t ~'" BY 209 State Street 1528 Walnut Street, 3rd Floor Harrisburg, Pennsylvania 17101 Philadelphia, PA 19102 717.232.6300 215.790.7303 VOICE FAX 717.232.6467 2100~ 1U.' www.srklaw.com 0 0 \ 10 _';;I"}_c~ _/ Please respond to Harrisburg office. . October 28, 2004 Kevin Rauch, Esquire Summers, McDonnell, Walsh & Skeel 1017 Mumma Road Lemoyne, PA 17043 Re: Hatter vs. Wire Cumberland CCP No.: 04-2061 Dear Mr. Rauch: I received the Notice of Intent to Serve Subpoenas and Subpoenas to Allstate Insurance Company, West Shore Family Practice, Healthsouth Rehabilitation of Mechanicsburg, Holy Spirit Hospital, Harrisburg Hospital, Hershey Medical Center, Robert G. Sanford, M.D., Orthopaedic Surgeons of Central PA, Physicians for Women's Health, and Magnetic Imaging Center. We will waive the 20 day notice; however, we request copies of any records received in response to your Subpoenas. If you have any questions, please call me. Very truly yours, 70NCA & KRAMER, P.C. Scott B. Cooper Attorney at Law SBe/ kjg 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 ~L day of ~~ ~ 2004. Scott B. Cooper, Esquire Schmidt, Ronca and Kramer 209 State Street Harrisburg, PA 17101 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL BY:~ ' ~vin . Rauch, Esquire Attorneys for Defendant - ( (") c~ ~.<<<'". "-> c.:;-, <..;) ....- ;:r: t,) o -fl ::::1 f h :::n , ."tlrn ~r-!C) '--it.:) '- ..H : ;\ ("") (,jl f1 i r> .) --, -'- r .~ ....), -':) C,) (--:; j'..: . . SCHMIDT, RONCA & KRAMER, PC. By: Scott B. Cooper, Esquire 1.0. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper(Q?srklaw.com DONNA M. HATTER and KYLE HATTER, Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. Civil Action - Law SAMMIE JO WIRE and STEWARD WIRE, Defendants No. 04-2061 Jury Trial Demanded PRAECIPE TO SETTLE. DISCONTINUE AND END Please mark the above-captioned action settled, discontinued and ended, with prejudice. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. /1/' By: DATE: ~;/O t' Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scoopenalsrklaw.com Attorney for Plaintiffs \'--' <.,,) .. - SCHMIDT, RONCA & KRAMER, PC. By: Scott B. Cooper, Esquire LD. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper(alsrklaw. com DONNA M. HATTER and KYLE HATTER, Plaintiffs v. SAMMIE JO WIRE and STEWARD WIRE, Defendants Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Civil Action - Law No. 04-2061 Jury Trial Demanded PRAECIPE TO SETTLE. DISCONTINUE AND END Please mark the above-captioned action settled, discontinued and ended, with prejudice. DATE: ~;/D ~ Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper(w,srklaw. com Attorney for Plaintiffs ,,"., ~.-..'