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HomeMy WebLinkAbout11-4011_r ?`FF1CE CNOTA: 2 , 2; 3 ,-13ERLAND COUNTY rE ,I4SYLVANIA ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com Attorneys for Plaintiffs: BURLEY K. CONNER and IN THE COURT OF COMMON PLEAS BETH E. CONNER, His Wife, CUMBERLAND COUNTY, PA Plaintiffs CIVIL ACTION - LAW V. NO. J1_L1DI( CIh) APRIL D. ELLENBERGER JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St., Carlisle 17013 (717) 249-3166 468486 CD au-?'%Ola 66-t'? 41? 7a 04d5'g CQ((D AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defMarshalle 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 SERVIC10S 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. Cumberland County Bar Association 32 S. Bedford St., Carlisle 17013 (717) 249-3166 TELEFONO (717) 249-3166 468486 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: rsadlock@angino-rovner.com Attorneys for Plaintiffs: BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs V. APRIL D. ELLENBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Burley K. Conner and Beth E. Conner are husband and wife, adult individuals, and are both residents of Marysville, Perry County, Pennsylvania. 2. Defendant April D. Ellenberger is an adult individual, who resides at 100 Airy View Road, Shermans Dale, Perry County, Pennsylvania 17090. 3. The facts and occurrences hereinafter related took place on or about March 17, 2011, near the intersection of Mountain Road and Spring Road (State Route 34), Middlesex Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Burley K. Conner was operating 2010 Harley- Davidson FLSTC motorcycle in a westerly direction on Mountain Road approaching the intersection of Spring Road. 5. At that time and place, Defendant April D. Ellenberger was operating a 2007 Honda Pilot automobile northbound on Sunnyside Drive approaching the intersection of Spring Road. 468486 6. At that time and place, Defendant April D. Ellenberger failed to stop at the stop sign at the intersection of Sunnyside Drive and Spring Road, and caused a violent collision with the Conner motorcycle. 7. At that time and place, Defendant April D. Ellenberger's vehicle collided violently with the side of the Conner motorcycle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Burley K. Conner and Beth E. Conner are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant April D. Ellenberger operated the motor vehicle as follows: (a) failure to have her vehicle 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 travel at a safe speed while approaching an intersection; (d) failure to apply her brakes in sufficient time to avoid colliding with the Conner motorcycle; (e) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (f) failure to have proper and adequate control over her vehicle; (g) failure to yield the right-of-way to Plaintiff's motorcycle; (h) failure to take reasonable evasive action to avoid the accident; (i) failure to properly stop at a stop sign governing the intersection of Sunnyside Drive and Spring Road; and (j) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 468486 CLAIM I BURLEY K. CONNER V. APRIL ELLENBERGER 9. Paragraphs 1 through 8 of are incorporated herein as if set forth at length. 10. As a result of Defendant's negligence, as herein before related, Plaintiff Burley K. Conner has sustained painful and severe injuries, which include, but are not limited to, the following: a) displaced and fractured condyles, proximal phalanx, and left great toe; b) dislocated proximal interphalangeal joint and left middle toe; and c) fractured distal phalanx and left little toe. 11. By reason of the aforesaid injuries sustained by Plaintiff Burley K. Conner, he was forced to undergo several procedures, which include, but are not limited to, the following: a. a closed reduction of his left great toe and left middle toe proximal interphalangeal joint with percutaneous pinning; b. a closed reduction of his left little toe; and c. amputation of his left 3`d, 4`h and 5th toes. 12. By reason of the aforesaid injuries sustained by Plaintiff Burley K. Conner, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 13. Because of the nature of his injuries, Plaintiff Burley K. Conner has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 468486 14. Plaintiff Burley K. Conner has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. Plaintiff Burley K. Conner continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Burley K. Conner has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefore. 17. As a result of the negligence of the Defendant, Plaintiff, Burley K. Conner may in the future suffer a loss of earnings and earning capacity, and claim is made therefor. 18. As a direct result of the negligence of the Defendant, Plaintiff, Burley K. Conner has suffered scarring and disfigurement, and claim is made therefor. CLAIM II BETH E. CONNER V. APRIL D. ELLENBERGER 19. Paragraphs 1 through 18 are incorporated herein as if set forth at length. 20. As a result of the injuries sustained by her husband, Plaintiff Beth E. Conner has suffered a loss of the care, custody, society, consortium, and companionship of husband, Plaintiff Burley K. Conner all of which losses are to her detriment, and claims are made therefor. WHEREFORE, Plaintiffs Burley K. Conner and Beth E. Conner demand judgment against Defendant April Ellenberger in an amount excess of Fifty Thousand Dollars ($50,000.00) 468486 exclusive of interest and costs and in excess of the jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. 00 G¦ is ock, Esquire PA I.D. No. 47281 Date: 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiffs YlOle 468486 VERIFICATION I, Beth Conner, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing 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 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorit' - Cr Witness 01)-? Beth Conner Dated: q ^d6 '2011 468507 VERIFICATION I, Burley K. Conner, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing 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 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Witn Burley . Conner Dated: A P K L ?, 6 , 2011 468507 Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com BURLEY K. CONNOR and BETH E CONNOR, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant Attorneys for Defendant _ rn M c C_ P1 «,r C -Gp co a ) --ice n o n 2 C _ C D t'T'1 IN THE COURT OF COMMON PLIfIS OF CUMBERLAND COUNTY, PENNA. NO. 11-4011 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Date: June , 2011 444650 RespectfOly submitted; JOHNSQN, DUFFIE, STEWART & WEIDNER By: J erXdVJ. Shipma f , Esgi Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June - 2011: Richard A. Sadlock, Esquire 4503 N. Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: J. Ship an 6 T HE P OTH0N0TAF' ' Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com BURLEY K. CONNER and BETH E. CONNER, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant NOTICE TO PLEAD TO: Burley K. Conner and Beth E. Conner c/o Richard A. Sadlock, Esquire 4503 N. Front Street Harrisburg, PA 17110-1708 NO. 11-4011 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, this day of June, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER ffe n J. Shi an ttorneys for Defendant 2011,1LIN 30 1,1410: b3 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant BURLEY K. CONNER and BETH E. CONNER, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 11-4011 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT APRIL D. ELLENBERGER AND NOW, comes the Defendant, April D. Ellenberger, by and through her counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint. 1. Admitted in part, denied in part. It is admitted that Plaintiffs are adult individuals believed to be residing in Marysville, Pennsylvania. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 1. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is specifically denied that Mrs. Ellenberger failed to stop at the stop sign at the intersection of Sunnyside Drive and Spring Road. It is also specifically denied that Mrs. Ellenberger caused a violent collision with the Conner motorcycle. 7. Denied. It is specifically denied that at that time and place, Ellenberger's vehicle collided violently with the side of the Conner motorcycle. 8. Denied. The averments contained in paragraph 8 and subparagraphs (a) through 0) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mrs. Ellenberger failed to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (b) Denied. It is specifically denied that Mrs. Ellenberger failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) Denied. It is specifically denied that Mrs. Ellenberger failed to travel at a safe speed while approaching an intersection; (d) Denied. It is specifically denied that Mrs. Ellenberger failed to apply her brakes in sufficient time to avoid colliding with the Conner motorcycle; (e) Denied. It is specifically denied that Mrs. Ellenberger failed to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (f) Denied. It is specifically denied that Mrs. Ellenberger failed to have proper and adequate control over her vehicle; (g) Denied. It is specifically denied that Mrs. Ellenberger failed to yield the right-of-way to Plaintiff's motorcycle; (h) Denied. It is specifically denied that Mrs. Ellenberger failed to take reasonable and evasive action to avoid the accident; (i) Denied. It is specifically denied that Mrs. Ellenberger failed to properly stop at the stop sign at the intersection of Sunnyside Drive and Spring Road; and (j) Denied. It is specifically denied that Mrs. Ellenberger drove her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I BURLEY K. CONNER v. APRIL ELLENBERGER 9. Mrs. Ellenberger incorporates herein by reference her answers to paragraphs 1 through 8 above, as though fully set forth herein at length. 10. Denied. The averments contained in paragraph 10 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments of paragraph 10 or the Plaintiffs alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 11. Denied. The averments contained in paragraph 11 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments of paragraph 11 or the Plaintiffs alleged injuries, and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12, and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13, and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 and the same is therefore denied and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same is therefore denied and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16, and the same is therefore denied and strict proof is demanded at the time of trial. 17. Denied. The averments contained in paragraph 17 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 17, and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph 18 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 18, and the same are therefore denied and strict proof is demanded at the time of trial. CLAIM 11 BETH E. CONNER v. APRIL D. ELLENBERGER 19. Mrs. Ellenberger incorporates herein by reference her answers to paragraphs 1 through 18 above, as though fully set forth herein at length. 20. Denied. After reasonable investigation, Mrs. Ellenberger is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 20, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, April D. Ellenberger, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 21. That Plaintiffs alleged cause of action may be barred in whole or in part by Plaintiffs own comparative negligence and the Pennsylvania Comparative Negligence Act. 22. That Plaintiffs own comparative negligence included the following: (a) Failing to yield the right-of-way; (b) Failing to have his motorcycle under proper control; (c) Failing to avoid the accident; (d) Failing to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (e) Failing to drive his motorcycle with due regard to the highway and traffic conditions which were existing at the time; (f) Failing to have proper and adequate control over his motorcycle; (g) Failing to take reasonable evasive actions; (h) Operating a motorcycle on the highway in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Pennsylvania Motor Vehicle Code; (i) Failing to comply with proper motorcycle operating procedures and training; Q) Failing to take a safe motorcycle operator training and avoidance maneuvers; 23. That Plaintiffs own comparative negligence was a factual cause of the accident and his own injuries. 24. That if it should be found that there is any negligence on the part of Mrs. Ellenberger, which is specifically denied, then in that event, any such negligence was not a factual cause of the accident nor Plaintiffs injuries. 25. That Plaintiffs cause of action may have been caused by third parties or entities including a dangerous condition of the roadway. 26. That Plaintiff may have assumed the risk of his own injuries; 27. That Plaintiff may have failed to mitigate his alleged injuries; 28. That Plaintiffs alleged cause of action may be barred by the Pennsylvania Motor Vehicle Financial Responsibility Law. Respectfully submitted, JO 7 , DUFFIE, STEWART & WEIDNER J er J. Ship n, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June 4, '2011 Counsel for Defendant VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. April D. Ellenberger Dated: (o a3 -11 :445083 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June ?, 2011: Richard A. Sadlock, Esquire 4503 N. Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER 'ffer on J. Shipman 445068 Ef' -OFF ICE I' 11°1E PROTHONOTAf 201111-7 AN 11: O8 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com %CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiffs: BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs V. APRIL D. ELLENBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-4011 CIVIL JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER And now comes, Plaintiffs Burley K. Conner and Beth E. Conner, his wife, and replies to Defendant's New Matter as follows: 21. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. Therefore, the Pennsylvania 474713 Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 22. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated herein, Plaintiff was in no way negligent. Further, (a) Plaintiff appropriately yielded the right-of-way; (b) had his motorcycle under proper control; (c) took all reasonable action to avoid the accident; (d) kept alert and maintained a proper watch for the presence of other motor vehicles on the highway; (e) drove his motorcycle with due regard to the highway and traffic conditions which existed at that time; (f) had proper and adequate control over his motorcycle; (g) took all reasonable evasive action; (h) operated his motorcycle on the highway in a proper manner and with all due regard for persons and property and the rights and safety of others and in full compliance with the Pennsylvania Motor Vehicle Code; (i) complied with all proper motorcycle operating procedures and training; and 0) took safe motorcycle operator training and avoidance maneuvers. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated herein, Plaintiff was not negligent in any way. The 474713 negligence, carelessness, wantonness and recklessness of the instant Defendant was the sole factual cause of the accident and Plaintiff's injuries and damages. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the negligence, carelessness, wantonness and recklessness of the instant Defendant was the factual cause of the accident and all of Plaintiff's injuries and damages. 25. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiffs injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did not assume the risk of his injuries. Further, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiffs injuries and damages are recoverable in the instant action. 27. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent that the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiff mitigated his damages. 28. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiffs injuries and damages are recoverable in the instant action. 474713 The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in his favor against the Defendant. ANGINO & Rlcha?-21? Sadlock, Esquire PA I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 474713 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN A VIVIn A VrT I, RICHARD A. SADLOCK, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and the facts set forth in the foregoing Reply to New Matter, are true and correct to the best of my knowledge, information, and belief. Sworn to and subscribed 4, before me this G day of 11th '2011. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public Susquehanna TWp., Dauphin County My CoMMisS1onEXWM&WMh'18'=- - 474713 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' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 ID #: 51785 (717) 761-4540 Michelle M. Milojevich Dated: 7/6/11 474713 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North. Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner. com 1-011 AUG -3 AH 11: 34 f"UMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiffs: BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs V. APRIL D. ELLENBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-4011 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. 477091 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlo ck@angino-rovner. com Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURLEY K. CONNER and BETH E. : CONNER, His Wife, Plaintiffs versus . No. 11-4011 APRIL D. ELLENBERGER Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Verizon Wireless Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: incoming and outgoing calls and text messages from 717-576-5092 for the month of March 2011 on September 12, 2011 at 10:00 a.m. at Angin6 & Rovner, 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address Telephone: Supreme Court ID # Attorney for: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 47281 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 477092 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 NOTICE OF INTENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 ID #: 51785 (717) 761-4540 Mic elle M. Milojevich Dated: 8/2/11 477091 Ilk JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I . D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com ?ILE -?irar L F 1E PROTHO, 2011 AUGG -3 AM 11 cuMBERLAQ'00" T" I'EPAI?'?I' Attorneys for Defendant 6 April D. Ellenberger µ BURLEY K. CONNER and BETH E. IN THE COURT OF COMMON PLEAS OF CONNER, husband and wife, CUMBERLAND COUNTY, PENNA. Plaintiffs NO. 11-4011 V. APRIL D. ELLENBERGER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a Writ of Summons to Join Additional Defendant in the above- captioned matter against: Pennsylvania Department of Transportation Commonwealth of Pennsylvania Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104 Date: August, 2011 :452971 Respectfully submitted, J S N, DUFFIE, STEWART & WEIDNER y??_ J q64"J. Shipma , Esquire Attorney I.D. No. 51785 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant April Ellenberger CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe and Writ to Join Additional Defendant has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August , 2011: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) Pennsylvania Department of Transportation Commonwealth of Pennsylvania Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104 Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor Strawberry Square Harrisburg, PA 17120 JOHNSON, DUFFIE, STEWART & WEIDNER feffers6n J. Shipman! Esquire ounsel for Defendant April D. Ellenberger JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com BURLEY K. CONNER and BETH E CONNER, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant Attorneys for Defendant April D. Ellenberger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 11-4011 CIVIL ACTION - LAWS,: W W JURY TRIAL DEMAND -Z'. c` c? -<> r- w WRIT TO JOIN ADDITIONAL DEFENDANT ?cc? ys TO: Pennsylvania Department of Transportation Commonwealth of Pennsylvania Riverfront Office Center 1101 S. Front Street Harrisburg, PA 17104 You are notified that Defendant April D. Ellenberger has joined you as an Additional Defendant in this action, which you are required to defend. PROTHONOTARY By:a-? D uty .:- TJ DATE: ?? S 2 ?/ -;--1L ED-0'F SCE . ; r PROTHONOTARY 2,011 AUG i i PAM I i: it) CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com Attorneys for Plaintiffs: BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs V. APRIL D. ELLENBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-4011 CIVIL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve a subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party, and plaintiff received a letter from defense counsel waiving the 20 days, letter attached; (2) a copy of the notice of intent, including the proposed subpoena is attached to this certificate, 477683 (3) the subpoena which will be served is identical to the subpoena attached to the notice of intent to serve a subpoena. Dated: 8/10/11 Ric ock, Esquire orney for Plaintiff 477683 JERRY,R. DUFFIE RICHARD W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D. SNOVER L A W O F F I C E S ANDREW P. DOLLMAN SARAH E. HOFFMAN OMSON CAR OLYN B. MCC LAIN DUFFIE OF COUNSEL HORACEA . JOHNSON C. ROY WEIDNER, JR. F. LEE SHIPMAN (1965-2006) WRITER'S EXT. NO. 148 E-MAIL jjs@jdsw.com August 4, 2011 Richard A..Sadhck, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Re: Burley K. Connor and Beth E. Connor, h/w v. April D. Ellenberger Cumberland County C.C.P.; Docket No. 11-4011 Civil Dear Rich: I do not have any objection to your subpoena for cell phone records. Please send me a copy of the records received. Thank you. Very truly yours, JJ S/mas:453320 22740-2801 d9?HNSON, DUFFIE, STEWART & WEIDNER Je ersthl. Shipman 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire Attorney ID #: 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail:rsadlock@angino-rovner.com ?.j? ?L: {t! t?iJZ t Y 11 ,d+t 200 AIX -3 H l? 3c I,l MBERLA-`? D COUNTY Attorneys for Plaintiffs: BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs V. APRIL D. ELLENBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 11-4011 CIVIL JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. 477091 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BURLEY K. CONNER and BETH E. CONNER, His Wife, Plaintiffs versus : No. 11-4011 APRIL D. ELLENBERGER Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Verizon Wireless Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: incoming and outgoing calls and text messages from 717-576-5092 for the month of March 2011 on September 12, 2011 at 10:00 a.m. at Angino & Rovner, 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Address Telephone: Supreme Court ID Attorney for: Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 47281 Plaintiffs BY THE COURT: Date: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 477092 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 NOTICE OF INTENT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 ID #: 51785 (717) 761-4540 Mic eIle M. Milojevich Dated: 8/2/11 477091 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 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 ID #: 51785 (717;) 761-4540 Michelle M. Milojevich Dated: 8/10/11 477683 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?ILED d %c -4 THr' AUG 15 AH 8: EN,NS i I A%N,1 % Burley K. Conner (et al.) vs. Case Number April D. Ellenberger (et al.) 2011-4011 SHERIFF'S RETURN OF SERVICE 08/04/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Pennsylvania Department of Transportation, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ to Join Additional Defendant according to law. 08/09/2011 11:14 AM - Dauphin County Return: And now August 9, 2011 at 1114 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Pennsylvania Department of Transportation by making known unto Kelli Krill, Legal Assistant II for The Pennsylvania Department of Transportation at 400 North Street, Harrisburg, Pennsylvania 17104 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 August 11, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;rj CountySuile Sher^ff. feie: soft. La;. SO ANSWERS, RON R ANDERSON, SHERIFF .4 Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-8035 BURLEY K. CONNER and BETH E. CONNER, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant p ROTNONOTAR '2011 A!!G 26 ?:? 11 N A ??. ^tl,?i8 FNNSYLVA P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 11-4011 CIVIL ACTION -LAW V. DEPARTMENT OF TRANSPORTATION, : Additional Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of additional defendant, Commonwealth of Pennsylvania, Department of Transportation in the above-captioned matter. Respectfully submitted, LINDA L. KELLY By: c1 Dated: August 25, 2011 Steven C. Gould, LD. #80,kS6 Senior Deputy Attorney ene Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: (717) 783-8035 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing Entry of Appearance to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Richard A. Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) Jefferson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 (Attorneys for Defendant April Ellenberger) By: Z( ,- STEVEN C. GOULD, I D'680156 "Yff Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-8035 DATED: August 25, 2011 BURLEY K. CONNER and BETH E. CONNER, his wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant V. DEPARTMENT OF TRANSPORTATION, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11 'j cnCIVIL ACTION - LAW NO. 11-4011 CIVIL TE`-- IN RE: STATUS CONFERENCE ORDER OF COURT t -ta AND NOW, this 2nd day of April, 2012, after a status conference in this case in chambers with David for Richard Sadlock on behalf of the Plaintiff on behalf of the Defendant, and upon agreement parties in this case, the trial in this matter September 17th, 2012. It is currently expecte( will take between 2 to 3 days. Lutz attending and Jeff Shipman of both of the is hereby set for 3 that this trial Upon further agreement of the parties, all discovery in this matter except for expert reports shall be completed by both parties on or before July 16th, 2012. The expert reports in this matter shall then be due by both parties by the close of business on July 31st, 2012. By the Court, /avid L. Lutz, Esquire For the Plaintiff ?defferson J. Shipman, Esquire For the Defendant ,/5'teven C. Gould, Esquire For the Additional Defendant :lfh Christyle L. Peck, J. 1? . - el. - ?4/ Al I Steven C. Gould Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15'h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial,: 717-783-8035 r(.;:r i - a ila v 1t:, t r I+°(tsERLAA ND COUNT BURLEY K. CONNER and BETH E. CONNER, husband and wife, Plaintiffs V. APRIL D. ELLENBERGER, Defendant V. DEPARTMENT OF TRANSPORTATION, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA U No. 11-4011 CIVIL ACTION - LAW Additional Defendant : JURY TRIAL DEMANDED STIPULATION OF DISMISSAL OF ADDITIONAL DEFENDANT, COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION AND NOW, it is hereby STIPULATED AND AGREED by all parties, through their undersigned counsel, that this action may be discontinued, without prejudice, as to the Additional Defendant, Commonwealth of Pennsylvania, Department of Transportation, in accordance with Pa.R.C.P. 229(b), and that this Stipulation may be filed of record and the Prothonotary is hereby directed to mark the docket "settled, discontinued and ended, without prejudice, as to the Additional Defendant, Commonwealth of Pennsylvania, Department of Transportation only", and remove said defendant from the caption of this case. ptA SC, -PI P4 CY, ?f- 3-7By3 0 t,4a7u537 SIGNATURES DATED: 3 Z-1 /Y even C. Gould, squir Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (Counsel for Commonwealth of Pennsylvania, Department of Transportation) Va, , Je rson J. Shipm , Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 (Counsel for Defendant April Ellenberger) DATED: 3 -7 - DATED: ApZL l ? A4 7 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) .- BURLEY K. CONNER and BETH E. CONNER, his wife, Plaintiff v APRIL D. ELLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT CIVIL ACTION - LAW NO. 2011-4011 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 5th day of September, 2012, a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse, in the above-captioned case on September 5th, 2012. Present on behalf of the Plaintiff was Richard A. Sadlock, Esquire. Present on behalf of Defendant was Jefferson J. Shipman, Esquire. This is a personal jury action arising out of a motor vehicle accident. The defense is "strongly" denying any liability. Damages requested in this case include compensation for pain and suffering, medical bills, wages and loss of consortium suffered by Plaintiff and his wife. With respect to settlement negotiations, some negotiations have occurred. At present Plaintiff is requesting $132,500, and Defendant has offered $50,000 and now has the ability to go to $75,000. The $50,000 was rejected by Plaintiff. It does not appear at this time that 1 the case is going to be resolved amicably. However, negotiations are ongoing as the parties are approximately $50,000 apart. It is therefore ordered and directed that: 1. This will be a jury trial in which pursuant to agreement of counsel each side will have 4 peremptory challenges, for a total of 8. 2. The estimated duration of the trial is 2 1/2 days. Jurors will not be permitted to take notes. 3. Defendant's counsel has indicated scheduling concerns with respect to a trial in Dauphin County to begin on the 17th of September lasting 2 days. The parties' counsel are advised to contact the Court Administrator and discuss those concerns. 4. An initial day of trial is presently scheduled for September 17th, 2012, pending the discussions with the Court Administrator. 5. The parties shall prepare an exhibit list. Two copies of this exhibit list shall be provided to the Court no later than noon 3 days prior to the commencement of trial, this is Friday if it is a Monday trial date. 6. All visual aides used in the case shall be disclosed to the opposing party. 7. Counsel for each party are directed to S M file with the Court no later than noon 3 days prior to the commencement of trial a list of numbered standard jury instructions that the party is requesting, together with a proposed verdict slip. 8. If a party is requesting a unique jury instruction or significant modification of a standard instruction that party shall provide the full text of the requested instruction as part of the jury instruction request. 9. To the extent that any deposition testimony is to be shown or read to the jury and contains objections requiring rulings by the trial judge, counsel are directed to supply the Court no later than noon 5 days prior to the commencement of trial copies of the affected transcripts and the areas of objections being pursued highlighted and a brief memorandum in support of their respective positions. 10. There is not a need for a view in this case. 11. There is not a judicial conflict in this case. 12. Counsel have agreed that the Additional Defendant, the Department of Transportation, has been stipulated out of the case. 1 By the Court, Thomas A. P1 cey C.P.J. !/ Richard A. Sadlock, Esquire 4503 North Front Street Harrisburg, PA 17110 For Plaintiff ~/ Jefferson J. Shipman, Esquire 301 Market Street ~ Lemoyne, PA 17043 ~ a ~,,~k For Defendant ~ ~'~t~=- ~/ Court Administrator ~ G ~,, :mae ~ - y~ 3 ~=, ~ ~~ _ ~ -~ ~ °.