HomeMy WebLinkAbout09-2354ANGINO & ROVNER, P.C.
Michael E. Kosik
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosikeangino-rovner.com
ROBERTA BETH SHENK and
STEVEN L. SHENK, Her Husband,
Plaintiffs
V.
FRANK R. REYMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. M - O'LS54 Ci V i l -FerM
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
407077
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 despu6s
de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia
escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra
suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede
perder dinero o propiedad u otros derechos importantes para used.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO
TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA
OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS
LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
407077
ANGINO & ROVNER, P.C.
Michael E. Kosik
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosikCa.angino-rovner.com
ROBERTA BETH SHENK and
STEVEN L. SHENK, Her Husband,
Plaintiffs
V.
FRANK R. REYMER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO.
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs Roberta Beth Shenk and Steven L. Shenk are adult individuals and
citizens of the Commonwealth of Pennsylvania who reside at 905 Creek Road, Carlisle,
Cumberland County, Pennsylvania 17015.
2. Defendant Frank R. Reymer is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 1861 Finley Drive, Fremont, Sandusky County,
OH 43420.
3. 945 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241.
4. The facts and occurrences hereinafter related took place on Saturday, July 21,
2007 at the intersection of Newville Road (SR641) and Grahams Woods Road (T448) in West
Pennsboro Township, Cumberland County, Pennsylvania.
5. At that time and place, Plaintiff Roberta Beth Shenk was a passenger on a 2004
Honda motorcycle being driven by her husband Plaintiff Steven L. Shenk.
407077
6. At that time and place, Plaintiff Steven L. Shenk and his passenger Roberta Beth
Shenk were at a complete stop facing east on Newville Road waiting for traffic to clear to make a
left hand turn onto Grahams Woods Road.
7. At that time and place, Defendant Frank R. Reymer was operating a 1992
Cadillac Deville traveling east on Newville Road directly behind Plaintiffs motorcycle.
8. At that time and place, Defendant Frank R. Reymer operated his Cadillac too fast
for condition and without paying attention to the traffic and Plaintiffs stopped motorcycle, and
suddenly and without warning, violently struck the back of the motorcycle and the left leg of
Plaintiff Roberta Beth Shenk with the front of his vehicle.
9. The foregoing accident and all of the injuries and damages set forth hereinafter
sustained by Plaintiff Roberta Beth Shenk is the direct and proximate result of the negligent,
careless and reckless manner in which Defendant Frank R. Reymer operated his vehicle as follows:
(a) failure to have his Cadillac under such control as to be able to stop within the
assured clear distance ahead;
(b) failure to keep alert and maintain a proper watch for the presence of other
motor vehicles on the highway;
(c) failure to stop and/or yield for traffic ahead of him properly stopped on the
roadway;
(d) failure to travel at a safe speed;
(e) failure to apply his brakes in sufficient time to avoid striking the Plaintiff
Roberta Beth Shenk;
(f) failure to drive his Cadillac with due regard for the highway and traffic
conditions which were existing and of which he was or should have been
aware;
(g) failure to keep proper and adequate control over his Cadillac; and
(h) driving his Cadillac upon the highway in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and
407077
safety of others and in violation of the Motor Vehicle Code of the
Commonwealth of Pennsylvania.
CLAIM I
ROBERTA BETH SHENK V. FRANK R. REYMER
10. Paragraph 1 through 8 of the Complaint are incorporated herein by reference.
11. As a direct and proximate result of the aforementioned accident, Plaintiff Roberta
Beth Shenk sustained painful and severe injuries which include but are not limited to severe
bruising to left hip and thigh, left knee and ankle weakness, lower lumbar region pain, upper
back and neck stiffness.
12. By reason of the aforesaid injuries sustained by Plaintiff Roberta Beth Shenk, she
was forced to incur liability for medical treatment, medications and similar miscellaneous
expenses in an effort to restore herself to health and claim is made therefor.
13. Because of the nature of her injuries, Plaintiff Roberta Beth Shenk has been
advised and, therefore, avers that she may be forced to incur similar expenses in the future, and
claim is made therefor.
14. As a result of the aforementioned injuries, Plaintiff Roberta Beth Shenk has
undergone and in the future will undergo great physical and mental suffering, great
inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and
claim is made therefor.
15. As a result of the aforesaid injuries, Plaintiff Roberta Beth Shenk has been and in
the future will be subject to great humiliation and embarrassment, and claim is made therefor.
16. Plaintiff Roberta Beth Shenk 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.
407077
17. As a result of the aforementioned injuries, Plaintiff Roberta Beth Shenk has
sustained work loss, loss of opportunity and a permanent diminution of her earning power and
capacity, and claim is made therefor.
WHEREFORE, Plaintiff Roberta Beth Shenk demands judgement against Defendant
Frank R. Reymer in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of
interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration.
CLAIM II
STEVEN L. SHENK V. FRANK R. REYMER
18. Paragraph 1 through 16 of the Complaint are incorporated herein by reference.
19. As a result of the aforementioned injuries sustained by his wife, Plaintiff Roberta
Beth Shenk, Plaintiff Steven L. Shenk has been and may in the future be deprived of the care,
companionship, consortium, and society of his wife all of which will be to his great detriment,
and claim is made therefor.
WHEREFORE, Plaintiff Steven L. Shenk demands judgement against Defendant Frank
R. Reymer in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest
and costs and in excess of any jurisdictional amount requiring compusory arbitration.
P.C.
Michael E. Kosik
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiffs
407077
VERIFICATION
I, ROBERTA SHENK, do swear and affirm that the facts set forth in the foregoing
COMPLAINT are true and correct to the best of my knowledge, information and belief. I
understand that this verification is made subject to the penalties of the Rules of Civil Procedure
relating to unworn falsification to authorities.
WI S .
O ERTA SHENK
Dated: 'J4 3' dZ-0z)5
203648
OF THE
2009 APIR 14 PM 2: 15
c lull
.*IS. b0 Po ATTY
UY '78'711
PT's' Astb,705
GERMAN, GALLAGHER & MURTAGH
BY: Carole A. Donahue, Esquire
IDENTIFICATION NO. 89075
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
donahuec@ggmfirm.com
Attorney for: Defendant
Frank R. Reymer
ROBERTA BETH SHENK COURT OF COMMON PLEAS
AND CUMBERLAND COUNTY
STEVEL L. SHENK
VS. NO.: 09-2354
FRANK R. REYMER
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter our appearance on behalf of defendant Frank R. Reymer in the above
captioned matter.
GERMAN, GALLAGHER & MURTAGH
BY: Od-7- lug ?
Carole A. Donahue, Esquire
Attorney for Defendant
Date: 1, ?2On3
587383_1
RLED-OHRCE
OF THE PROTHONOTARY
2009 MAY -7 PM 12: 48
cuff .?°
ANGINO & ROVNER, P.C.
Michael E. Kosik
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosikaangino-rovner.com
ROBERTA BETH SHENK and
STEVEN L. SHENK, Her Husband,
Plaintiffs
V.
FRANK R. REYMER,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 09-2354 CIVIL TERM
JURY TRIAL DEMANDED
Please reinstate the Complaint in the above-captioWER,P.C.
Michael E. Kosik, Esquire
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
DATED: 5/22/09
411468
2K 9 L''i 2 3 Psi°i
*to.oo Pp ATT(
c„* Xwa
er* aa58ta
ANGINO & ROVNER, P.C.
Michael E. Kosik
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mkosikna angino-rovner com
ROBERTA BETH SHENK and
STEVEN L. SHENK, Her Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
CIVIL ACTION - LAW
NO. 09-2354 CIVIL TERM
FRANK R. REYMER,
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWERS TO
DEFENDANT'S REQUEST FOR ADMISSIONS REGARDING
OUT-OF POCKET MEDICAL EXPENSES DIRECTED TO PLAINTIFF
Request for Admission No. 1
Plaintiff was insured by an automobile insurance carrier for the automobile
accident which is the subject of this lawsuit.
Denied.
Interrogatory No. 1
If the answer to the above request for admission is ryes", please state with whom plaintiff
had automobile coverage at the time of the aforesaid accident.
Plaintiff Roberta Beth Shenk was a passenger on a motorcycle which is not required
to have first-party benefits under Pennsylvania Motor Vehicle Financial Responsibility Law.
The motorcycle was covered by a motorcycle insurance policy which did not provide first-
party coverage.
414435
Request for Admission No. 2
The automobile insurance policy covering plaintiff at the time of the accident provided
for payment of all plaintiffs medical bills arising from the automobile accident which is the
subject of this lawsuit.
Denied.
Interrogatory No. 2
If the answer to the preceding request for admission is anything but an unqualified "yes", please
state the amount of coverage plaintiff had through an automobile insurance carrier for medical
bills arising from the accident which is the subject of this lawsuit.
See answer to interrogatory No. 1.
Request for Admission No. 3
At the time of the automobile accident which is the subject of this lawsuit,
plaintiff was insured under a medical coverage plan other than through his/her
automobile insurance carrier.
Yes.
Interrogatory No. 3
If the answer to the preceding Interrogatory is "yes", please set forth all medical
insurance plans under which plaintiff was covered at the time of the accident.
Request for Admission No. 4
Plaintiff submitted to his/her medical insurance plan any and all medical bills arising
from the accident which is the subject of this lawsuit which had not been paid by his/her auto
insurance carrier.
Yes.
Interrogatory No. 4
If the answer to the preceding request for admission is anything but an unqualified
"yes", please state whether any such bills were submitted and to what carrier and, if applicable,
414435
why certain bills were not submitted.
Some of Plaintiffs medical bills have been paid by her private health insurance
but that insurance company has not paid all of her medical expenses. A medical bill
summary which bills have been paid by insurance, by Plaintiff, and which remain unpaid
is attached as Exhibit A. Additionally, Plaintiffs private health insurance has asserted a
right of subrogation to the extent of the medical bills which it paid.
Request for Admission No. 5
The medical insurance provider(s) for plaintiff at the time of the accident paid all
medical bills submitted by plaintiff arising from the accident which is the subject of this
lawsuit.
Denied.
Interrogatory No. 5
If the answer to the preceding request for admission is anything but an unqualified
"yes", please set forth exactly what medical bills were not paid by the medical insurance
provider(s) and the reason given for non-payment.
See answer to Interrogatory No. 4.
Request for Production No. 1
Please forward any and all documents reflecting the medical insurance provider(s) refusal to
pay for any of plaintiffs medical bills submitted to the medical care provider(s) for the
automobile accident which is the subject of this lawsuit.
See attached letter from Progressive.
Request for Admission No. 6
All of plaintiffs medical bills arising from the automobile accident which is the subject
of this lawsuit have been paid by an insurance carrier.
Denied.
414435
Interrogatory No. 6
If the answer to the preceding request for admission is anything but an unqualified "yes", please
give an exact itemization of which bills have not been paid.
See Answer to Interrogatories No. 4.
A i , P.C.
Michael E. Kosik
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiff
414435
------ MEDICAL BILL SUMMARY
ROBERTA SHENK -- ----- ---- --
DATE OF ACCIDENT: 7/21/07 - ---- - -------
DATE OF PROVIDER AMOUNT BCIBS WRITER
SERVICE BILLED 3131/08 HIGHMARK CLIENT BALANCE
8/31/07- OFF
_9/7/07 Alexander Spring Rehab $421.00 $_228.32 $60.00 $132.6_8 _
09/10/07 Alexander Spring Rehab -- $142.00 $68.31 $0.00
09/12/07 Alexander S rin Rehab_ t --- $20.00 $53.69 $0.00
----
p 9 $128.00 _$63.69_ _ ?- $20.00 $4-4-1 - $0 .00
09/21/07 Alexander Spring Rehab _$104.00 -
09/25/07 Alexander Spring Rehab $142.00 - $39_38 ?- $20.00 $44.62- $0.00
J -- _
09/28/07 fA x a nder Spring Rehab $68.31 $53.69$0 00
_ _in9- $97.00 $40.93 ------$20.00-$36 07
10/02/07 xander S rin Rehab $0.00
p 9 $142.00: $68.31 $20.00 $53.69 $0.00
-
10/05/07 xander S pr Rehab - -- ~ -- - --
--- -
- - - -e p 9 - $121.00 $65.24 _ $35.76 $0.00
10/09/07 xandr Spr ing Rehab 41 Og 0 --$?0.00
10/12/07 Alexander Spring Rehab $121.00 $79 92 $20.00 $49.08 $0.00
-- 1 $65.86 $20 00 $35.14 $0.00
-- ---
10/15/07 Alexander Spring Rehab _ $1_7.7.00
_ $82.21 -- -
$20.00 -------- $74.79 $0.00
10/18/07 Alexander Spring Rehab -- --
-- - - $97.00 I--$41.40 - $20 00 - $0
_10/25/07 Alexander Spring Rehab $170.00 $83 - -- _-- 00
-- - -- .77 -- ?- .23 - ---
11/02/07 Alexander Spring Rehab $20.00 -$66
$125.00 $56. $20.00
19------ $48.81 $0.00
11/06/07 (Alexander Spring Rehab $83.001 ----
$63.00 .0 0
------ $0.00
1 1/09/07 Alexander Spring Rehab .23
E - $66
$170._00 --
_-- $83.77 ---- - $20 .0- ---
11/13/07 Alexander Spring Rehab -7- $0.00
-- -- ----.----- ?-$56.91 $0 00
$20 00 --
11/16/07 Alexander Spring Rehab $126.?? $6$79.09 t- -
_5.86 $20 .00
11/19/07 Alexander Spring Rehab + $35.14 $0.00
-?- - $170.00. $83.77 ?- - $20.00 - $66.23$000
.0_
11/21/07 Alexander Spring Rehab $170.0- _ $83,77 -- $2000 $66.23
11/28/07 Alexander Spring Rehab _$111.00 $0.00
_ $51.51 $20.00 $39.49---
11/30/07 Alexander Spring Rehab --- ---- -- -+ $0.00
$170.00 _$83.77_ _$20.00 --$57 66 23 $0.00
12/06/07 Alexander Spring Rehab $132.00 $54.63 $20.00__$43_.70
12/20/07 Alexander Spring Rehb $128,00 --$6-4 - .37 - $0
.30 $20.00 -- _$0.00
12/27/07- Alexander Spring Rehab- $121.00 _ .00
$65.86 $20.00 $35.14 $0.00
----- -
I
01/03/08 Alexander Spring Rehab J $163.00 $77.53 rt----------
-
_ $65.47 $0.00
01/07/08 Alexander Spring Rehab $118.0_0 ----- $20.00 _
r -- -_ $20.00
01/10/08 Alexander S rin Rehab $49 95 ---- _ $48 05 $0.00
p 9 ----- - $83.00-1 $36 72 - } - - $20.00
------ - ----$26.28 T-- $0.00
04/30/08 Alexander Spring_Rehab _ $175.0 0 $84.773 ---
- $30.00 j - L
-- $60.27 $0 00
05/07/08 Alexander S rin Rehab r
p 9-- $135.00 - $40.50 - - --
--- $30.00 $64.50 $0.00
05/15/08 05/12/087AIexander Sprang Rehab --
$104.00
-- - $30.00 $52.00 $0.00
----- $22.00 -
Alexander Sprang Rehab $90.00 !
$30.00 $43.00
05/20/08 - $17.00 - $0.00
$22.00 _
- - ------- - ---?-
Alexander--- Spring Rehab $1-$9004_00.00 - -?- -$17.00 _ -+---
05/23/08 Wexander Spring Rehab $30.00 ! $52.00 $0.00_
05/27/08 Alexander Spring Rehab $90.00 _ $30.00 $43.00 $0.00
05/30/08 Alexander Spring Rehab $90.00 - $17.00 $30.00 $43.00 $0.00
06/0_3/08 Alexander Spring Rehab -_ -- $17.00 $30.00 $43.00 $0.00
--- $l 35.00
$40.50 $3_0.00 _ $64.50 _ $0.00
06/06/08 Alex' antler S pr-
p g Rehab $83.00 ___ $17.00 $30.00 $36.00 $0.00
06/10/08 Alexander Spring Rehab $90.00 - -? -
06/20/08?Alexander S rin Rehab--- -- -- $17.00. $30.00 -$43.00 $0.00
-- p 9 ---?- $135.00 $_00 ! --f- -.
$64.50 $0.00
06/25/08 Alexander Spring Rehab $65.00
----- $65.00 $0.00
07/02/08 Alexander Spring Rehab $65.00 I -- -- -
-- - -- -- -
---- ---t------- - ----- $65.00 $0.00
07/23/07 Appalachian Ortho Center + $131.00 t $30.00 _ -
$71.00 --- -
_ $30_.00 $0.00
_ Appalachian Ortho Center $118.00 $57.00 + - - $30.00 - -
-- $31.00
10/09/07 Appalachian Ortho Center _$700 $3__2_._ 00 -$3-2-.0--0- $0.00
$30.00__
- -- $8
$0.00
08/07/08 Appalachian Ortho Center $70.00 _ $8..0000 , $0.00
406758_1.XLS Updated: 7/6/2009
Page 1
?xti??fA
*RE PROVIDER
Carlisle HMA Physician
arlisle Regional Med Cnt
arlisle Regional Med Cnt
_ 06/04/08 Carlisle Regional Med Cnt
03/13/09 Carlisle Regional Med Cnt
04/10/09 Carlisle Regional Med Cnt
-10- -- Con es rvative Orthopedics
_11/04/08 Conservative Orthopedics
12/16/08 Conservative Orthopedics
03/17/0_9 Conservative Orthoped_ics_
07/21/07 Friendship Hose Amb
02_/04/0_8 Graham Medical Clinic
03/10/0_8 Graham Medical Clinic
05/28/08 Graham Medical Clinic
02/04/09 Graham Medical Clinic
03/09/09Graham Medical Clinic
03/17/08 Hershey Medical Center _
07/21/077 Kinetic Imaging Inc
10/28/08 Walnut Bottom Radiology
02/11/09 ,Walnut Bottom Radiotoov
AMOUNT
BILLED
$285.06-
$1,727.45
$86T.-P-
---$632 .34
$1,707.47
OWMb IGHMARK CLIENT WRITE/
3/31/08 OFF BALANCE
$115.00 $0.00
? ? $170.00
$943.28 I ---i- $50._00 $734.17 1 $000
$110.00 ! ---- -
$108.00 -
$10_8.00 - -- ----
$108.00
$5_50.001 $_500.00
$100.00- $75.00
_$65.001 -$_42_.00
$100.00_
I—
$70.00 1 -- - --
$70.00_
$2,604.53 1,593.14
$144.00 _$50.00_
$1,053.00
$97.00 --------
16,379.16 15,473.79
$_71.00
$65.00
$67.00
---$70.00
-$47.00
$561.50
1,265.73
$30.001 $g,p
$30.00? -$13.0
$30.00+- $11.0
$20.00
_$50.00 f ------
$20.001_ $5.00
$20.00 --$3 .00
$30.00
$70.0_0 -
$20.00 j $3.00
--_? $94.00
$491.50
$58_.00 $39.00
638.00 1 $3.695.07
1_. $0.00
$0.0_0
--- $0.00
_U $0.00
0 1 --$0.00-
$0.00
_?- $88.00
$0.00
-I-__$0 00
0
t--$$&.-0
.0o
$0.00
$0.00
$1,011 -36-
$0.100
$0.00
$0.00
$1,099.39
406758_1.XLS Updated: 7/6/2009
Page 2
110 C
'YW
July 23, 200'7 Js71"dIS-WW1A"-RdSt# toe
Ba[Mfb"'I • vA
1.00FtO f34J/T
ORMS/iE
Awhwk: (B1.0471_9261
a"gR WSIVe Coro
Steve Shenk
905 Creek Road
Carlisle, PA 17015
Policyholder:
Our Claim #: Shenk, Steve L
Date Of Loss: 074826639
Underwritten $w. 07/21%2007
•
P Progressive Direct huumnce Comfy
Please be eavised that there is no rn ,
coverage for your first party b
melts cln. aa uvq oa Your motorcycle policy. ?herefore, we cannot a#?ord
If you have lyaalth insurance, submi t a c
consideration. Please contact oPY of this latter. with any bills received, to that carrier for
decision. MO via phone or email if you have any questions regarding this coverage
Sincerely,
3 y S Guyer Ext.2910
Clams Representative
Jeremy S_Guyer l4)progressivecom
JSG/sc
CERTIFICATE OF SERVICE
I, Michelle M. Milojevich, 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 PLAINTIFF'S ANSWERS TO
DEFENDANT'S REQUEST FOR ADMISSIONS REGARDING OUT-OF POCKET
MEDICAL EXPENSES DIRECTED TO PLAINTIFF upon all counsel of record via postage
prepaid first class United States mail addressed as follows:
Carole A. Donahue, Esquire
German, Gallagher & Murtagh
The Bellevue, Fifth Floor
200 S. Broad Street
Philadelphia, PA 19102
ID No: 89075
(215) 545-7700
Dated: -71-71,"
Michelle M. Milojevich
414435
2 "U'
To the hereby PLAINTIFF. you are hereby
notified to file a written response to the
enclosed NEW MATTER within twenty
(20) days from service hereof or a judgment
may be entered against ou
Carole A. Donahue, Esquire
Attorney for Defendant
GERMAN, GALLAGHER & MURTAGH
BY: Carole A. Donahue, Esquire
IDENTIFICATION NO. 89075
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
Attorney for: Defendant
Frank R. Reymer
(215) 545-7700
donahuec@ggmfirm.com
ROBERTA BETH SHENK
AND
STEVEL L. SHENK
vs.
FRANK R. REYMER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 09-2354
DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW
MATTER
Defendant Frank R. Reymer, by and through his attorneys, German, Gallagher &
Murtagh, hereby responds to the allegations of Plaintiff's Complaint as follows:
Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the
averments contained in paragraph 1 of Plaintiff's Complaint.
2. Denied in part; Admitted in part. It is admitted that Defendant Frank R.
Reymer is an adult individual. It is denied as stated that Defendant is a citizen of the
Commonwealth of Pennsylvania who resides at 1861 Finley Drive, Fremont, Sandusky
County, OH 43420.
5879091
3. This paragraph does not ccntain an allegation. Therefore, no response is
necessary pursuant to the Pennsylvania Rules of Civil Procedure.
4. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
5. Denied. After reasonable investigation, answering defendant is without
knowledge or information sufficient to form a belief as to the truth or accuracy of the
averments contained in paragraph 5 of Plaintiff's Complaint.
6. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
7. Admitted in part; Denied in part. It is admitted that at the time and place
referenced in paragraph four that Answering Defendant was operating a 1992 Cadillac
Deville traveling east on Newville Road. The remainder of the allegations contained in
paragraph 7 are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
8. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
9. (a) - (h) Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
CLAIM I
ROBERT BETH SHENK V. FRANK R. REYMER
10. This paragraph is an incorporation paragraph to which no response is
required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further
response, Answering Defendant incorporates paragraphs 1 through 9 of this Answer
herein by reference.
11. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
12. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
13. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
14. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
587909_1
15. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
16. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
17. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
WHEREFORE, Answering Defendant demands judgment in his favor and against
Plaintiffs.
CLAIM II
STEVEN L. SHENK VS. FRANK R. REYMER
18. This paragraph is an incorporation paragraph to which no response is
required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further
response, Answering Defendant incorporates paragraphs 1 through 17 of this Answer
herein by reference.
19. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
WHEREFORE, Answering Defendant demands judgment in his favor and against
Plaintiffs.
NEW MATTER
20. Answering Defendant incorporate by reference paragraphs 1 through 19,
above as if the same were set forth fully at length herein.
21. The provisions of the Pennsylvania Comparative Negligence statute, 42
Pa. C.S.A. § 7102, et seq. apply in this case to limit or bar Plaintiffs' cause of action.
22. The provisions of Pennsylvania's Motor Vehicle Financial Responsibility
Law 75 Pa. C.S.A. § 1701, et seg. apply in this case and limit or bar Plaintiffs' cause of
action.
23. Plaintiff assumed the risk of her own conduct.
5879091
24. Plaintiff's cause of action is barred by the applicable Statute of
Limitations.
25. This Court lacks subject matter jurisdiction of the within action.
26. Plaintiff's Complaint fails to state a claim upon which relief can be
granted.
27. Plaintiff's injuries, if any, were caused by the negligence and/or liability
producing acts of omissions of parties or other entities over whom Answering Defendant
neither has control nor the ability to control.
28. Plaintiff failed to mitigate damages, if any.
29. Plaintiff's cause of action must fail due to the Sudden Emergency
Doctrine.
30. Plaintiff's cause of action must fail due to the Doctrine of Release.
31. Plaintiff's cause of action must fail due to the defense of unavoidable
accident.
32. Plaintiff's claims are barred in whole or in part as a result of plaintiffs'
negligence.
WHEREFORE, Answering Defendant demands judgment in his favor and against
Plaintiffs.
GERMAN, GALLAGHER & MURTAGH
BY: (??? L--e,-
Carole A. Donahue, Esquire
Attorney for Defendant
Date: ` j ? I ? 0
587909_1
GERMAN, GALLAGHER & MURTAGH
BY: Carole A. Donahue, Esquire
IDENTIFICATION NO. 89075
THE BELLEVUE, FIFTH FLOOR
200 S. BROAD STREET
PHILADELPHIA, PA 19102
(215) 545-7700
donahuecna,ggmfirm.com
Attorney for: Defendant
Frank R. Reymer
ROBERTA BETH SHENK
AND
STEVEL L. SHENK
VS.
FRANK R. REYMER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 09-2354
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the within Answer of
Defendant Frank R. Reymer to Plaintiffs' Complaint with New Matter was served upon
counsel listed below by first class mail on 7 -7 -, 2009 and addressed as follows:
Michel E. Kosik, Esquire
ANGINO & ROVNER, P.C.
4503 N. Front Street
Harrisburg, PA 17110-1708
.t
Date: /
GERMAN, GALLAGHER & MURTAGH
By: 04?v?cc.C
Carole A. Donahue, Esquire
Attorney for Defendant
587909_1
i
VERIFICATION
The undersigned verifies that she is the attorney for defendant in the within
action; that she is familiar with the facts set forth in the foregoing Defendant's Answer to
Plaintiff's Complaint with New Matter; that same are true and correct to the best of her
knowledge, information and belief; and that she makes this statement subject to the
penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities.
Carole A. Donahue, Esquire
Dated: -ZUO
587909_1
`I if rF1
2u39,lrL 10 f r L;: ??
1
'I f_
r_ ~
~~~o ~~~:~~,~;~ ~ ~r ~M ~~ ~~
L~~z~.~:;_ .,~~, ,,~-~~~
ANGINO & ROVNER, P.C.
Michael E. Kosik
Attorney ID# : 36513
4503 North Front Street
Harrisburg, PA 17110-1708
(717)238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: mKOSiiccu;angino-rovner.c~m
ROBERTA BETH SHENK and
STEVEN L. SHENK, Her Husband,
Plaintiffs
v.
FRANK R. REYMER,
Defendant
TO THE PROTHONOTARY:
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
NO. 09-2354 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE
Please mark the above-captioned action as settled, satisfied, and discontinued.
AN O ER, P.C.
ichael E. Kosik, Esquire
I.D. No. 36513
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiff
441068
CERTIFICATE OF SERVICE
I, Michelle M. Milojevich, 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 PLAINTIFFS' PRETRIAL
MEMORANDUM upon all counsel of record via postage prepaid first class United States mail
addressed as follows:
Carole A. Donahue, Esquire
German, Gallagher & Murtagh
The Bellevue, Fifth Floor
200 S. Broad Street
Philadelphia, PA 19102
ID No: 89075
(215) 545-7700
Michelle M. M>lo~evich
Dated: 5/26/10
441068