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Home My WebLink About11-4950SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTY A. CODER and WILLIAM J MARKS, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant FILED-OFFICE CF THE PROTHONOTARY 20111 JUN 15 AM 11:21 CUMBERLAND COUNTY PENNISYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. J'-gg50 ?t'N{ CIVIL ACTION - LAW 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 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 a 0IM4 a 9a. 00 lad a? P/c!E /45 7 12* 9 too zo SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTY A. CODER and WILLIAM J. MARKS, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff CHRISTY A. CODER and WILLIAM J MARKS, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs F ijQ-OFFICE 1"?jc t" 0"Ct?0NOTAR , 2091.1 ?I 1 4?911 19 cc: PEN SY?YPIN'A TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, CHRISTY A. CODER and WILLIAM J. MARKS, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, CHRISTY A. CODER, is an adult individual who currently resides at 2157 Allen Avenue, Yorktown Heights, Westchester County, New York. 2. Plaintiff, WILLIAM J. MARKS, is an adult individual who currently resides at 2157 Allen Avenue, Yorktown Heights, Westchester County, New York. 4 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 3. Plaintiffs, CHRISTY A. CODER and WILLIAM J. MARKS, are husband and wife, having been married on May 14, 2010. 4. Defendant, E. MARIE LANGLOTZ, is an adult individual who currently resides at 4003 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on November 26, 2010, at or about 11:30 a.m., at the intersection of Simpson Ferry Road and Gettysburg Road, Lower Allen Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, CHRISTY A. CODER, was the owner of, and a passenger in, a 2009 Honda CRV being operated by Plaintiff, WILLIAM J. MARKS, and bearing New York Registration Number ERG9446. 7. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, was the owner and operator of a 1998 Buick Century bearing Pennsylvania Registration Number FHE6165. 8. At the aforesaid time and place, Plaintiff, WILLIAM J. MARKS was operating the 2009 Honda CRV northbound on Gettysburg Road, Lower Allen Township, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, was operating the1998 Buick Century westbound on Simpson Ferry Road, Lower Allen Township, Cumberland County, Pennsylvania. 5 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 10. At the aforesaid time and place, there existed a traffic control signal which governed all directions of travel at the aforementioned intersection. 11. At the aforesaid time and place, Defendant, E. MARIE LANGLOTZ, failed to stop the 1998 Buick Century at the steady red traffic signal, causing the 1998 Buick Century to strike the passenger's side of the 2009 Honda CRV being occupied by the Plaintiff, CHRISTY A. CODER. 12. As a result of the aforesaid collision, Plaintiff, CHRISTY A. CODER, has suffered serious and permanent injuries, including but not limited to the following: a. Herniation of the intervertebral disc at the C4-C5 level; b. Herniation of the intervertebral disc at the C5-C6 level, c. Herniation of the intervertebral disc at the 1-4-1-5 level; d. 1-4-1-5 Lumbar Radiculitis; e. Cervical Radiculopathy; f. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; g. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; h. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; i. Right arm contusion; 6 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 j. Right knee injury; and k. Post Traumatic Cephalgia. COUNT I - NEGLIGENCE CHRISTY A. CODER V. E. MARIE LANGLOTZ 13. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated herein and set forth as if in full. 14. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, E. MARIE LANGLOTZ, in operating the 1998 Buick Century in a careless, reckless, and negligent manner as follows: a. Failing to stop the 1998 Buick Century before entering the intersection when facing a steady red traffic control signal in violation of Section 3112 (b) of The PA Motor Vehicle Code; b. In failing to operate the 1998 Buick Century in accordance with existing traffic conditions and traffic controls; c. In failing to exercise the high degree of care required of a motorist entering an intersection; d. In failing to properly observe traffic signals controlling defendant's direction of travel; e. In attempting to enter an intersection when such movement could not be safely accomplished; and f. In failing to observe 2009 Honda CRV on the roadway. 7 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 15. As a direct and proximate result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has undergone and in the future will undergo, great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 17. As a direct and proximate result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has sustained scarring and disfigurement for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has suffered and may continue to suffer a loss of earnings and/or income for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 20. As a further result of this collision, Plaintiff, CHRISTY A. CODER, has and/or may in the future incur expenses for medical treatment and rehabilitation costs for which damages are claimed. 21. As a further result of the aforesaid injuries, Plaintiff, CHRISTY A. CODER, has incurred or may hereinafter incur, financial expenses and losses for which damages are claimed. 8 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 22. Plaintiff, CHRISTY A. CODER, was neither the owner of a private passenger motor vehicle nor a named insured or insured under any private passenger motor vehicle in the state of Pennsylvania. Therefore, Plaintiff, CHRISTY A. CODER, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, CHRISTY A. CODER, demands judgment against Defendant, E. MARIE LANGLOTZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM WILLIAM J. MARKS V. E. MARIE LANGLOTZ 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein and set forth as if in full. 24. As a further result of injuries sustained by his wife, Plaintiff, CHRISTY A. CODER, Plaintiff, WILLIAM J. MARKS, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, WILLIAM J. MARKS, demands judgment against Defendant, E. MARIE LANGLOTZ, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. 9 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 Respectfully submitted, SHOLLJ NBERGER & JANUZZI, LLP Attorn for Plaintiff Dated: June 13, 2011 By: I Adam Wolfe, Esq. Attorney I.D. #201057 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) 10 Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Phone: 717-728-3200 Fax: 717-728-3400 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?t? tr .?? ?-f-? Jody S Smith 03 c--.. rn rn- - Chief Deputy "- ` S r N C ?7 C 4 tewart Richard W -- - Solicitor OFfti E -,.F."FF;IFF ter. Christy A. Coder (et al.) -mss Case Number vs. . 2011-4950 E. Marie Langlotz SHERIFF'S RETURN OF SERVICE 06/16/2011 08:20 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 16, 2011 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: E. Marie Langlotz, by making known unto herself personally, at 4003 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. A.-a I 2ei..-L GERALD WORTHINGTON, PUTY SHERIFF COST: $43.44 June 17, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ci GounrySutc Sheriff Teleoso`t Inc SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff CHRISTY A. CODER and WILLIAM J. MARKS, husband and wife, Plaintiffs ?i..?.I?-Gi' ;1 ( ? 7 FFOTyONOTAti' 20 1A 5 f110? 20 UMBcRLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil V. E. MARIE LANGLOTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATTACH VERIFICATION To the Cumberland County Prothonotary: Please attach the Verifications attached hereto to the Plaintiffs' Complaint in the above-captioned matter Respectfully submitted, SHOLL"ERGER & JANUZZI, LLP By: r. Wolfe, Esquire Dated: July 13, 2011 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENIUM WAY - ENOLA, PA 17025 (717) 728-3200 (717) 728-3400 FAX f- 0 • VERIFICATION 1, U11 hereby acknowledge that I am a Plaintiff in this action and that I have read the - Dla??t and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Signature Date: i GAGLOBAMPDATAWC&INITIAL CONSULT DOCS (SETUPSAVerification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 • VERIFICATION 0 1 MKS hereby acknowledge that I am a Plaintiff in this action and that I have read the and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: i Signa e G1GLOBAMPDATA\DOCSUNITIAL CONSULT DOCS (SETUPS)Nerification.wpd SHOLLENBERGER 8 JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 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 CHRISTY A. CODER and WILLIAM J MARKS, h/w Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil V. CIVIL ACTION - LAW E. MARIE LANGLOTZ .? Defendant JURY TRIAL DEMANDED 4"> r 3 PRAECIPE FOR ENTRY OF APPEARANCE TV= -' ? M -SOD;- TO THE PROTHONOTARY:A o Please enter the appearance of the undersigned on behalf of the Dada it :moo n N.) ° M the above-captioned matter. Respectfully submitted, Date: July 28, 2011 452295 JOHNSON, DUFFIE, STEWART & WEIDNER kffer J. Ship an, Esquire ttorney 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 July 28, 2011: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER B• Je rs . hi man I ?..'" THE FFTI,`? ,UMSERLANO 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 CHRISTY A. CODER and WILLIAM J. MARKS, h/w Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil V. E. MARIE LANGLOTZ Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Christy A. Coder and William J. Marks, h/w, Plaintiffs c/o Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 AND NOW, this day of August, 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 J fertSoV J. Shipmy, Cbunsel for Defendant 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 CHRISTY A. CODER and WILLIAM J. MARKS, h/w Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil V. E. MARIE LANGLOTZ Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, E. Marie Langlotz, 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. 2. Admitted. 3. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 3 and the same are therefore denied. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. The averments contained in paragraph 11 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. 12. Denied. After reasonable investigation, Ms. Langlotz 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. COUNT I - NEGLIGENCE Christy A. Coder v. E. Marie Langlotz 13. Ms. Langlotz incorporates herein by reference her answers to paragraphs 1 through 12 above as though fully set forth herein at length. 14. Denied. The averments contained in paragraph 14 and subparagraphs (a) through (f) 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. 2 N (a) Denied. It is specifically denied that Ms. Langlotz failed to stop the vehicle before entering the intersection when facing a steady red traffic control signal allegedly in violation of § 3112(b) of the Pennsylvania Motor Vehicle Code. (b) Denied. It is specifically denied that Ms. Langlotz failed to operate the vehicle in accordance with existing traffic conditions and controls. (c) Denied. It is specifically denied that Ms. Langlotz failed to exercise the high degree of care required of a motorist entering an intersection. (d) Denied. It is specifically denied that Ms. Langlotz failed to properly observe traffic signals. (e) Denied. It is specifically denied that Ms. Langlotz attempted to enter the intersection when such movement could not be made safely. (f) Denied. It is specifically denied that Ms. Langlotz was negligent in allegedly failing to observe the 2009 Honda CRV. 15. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same are therefore denied and strict proof is demanded at the time of trial.. 16. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and the same are therefore denied and strict proof is demanded at the time of trial. 3 17. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 17 and the same are therefore denied and strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18 and the same are therefore denied and strict proof is demanded at the time of trial. 19. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 19 and the same are therefore denied and strict proof is demanded at the time of trial. 20. Denied. After reasonable investigation, Ms. Langlotz 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. 21. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 21 and the same are therefore denied and strict proof is demanded at the time of trial.. 4 22. Denied. The averments contained in paragraph 22 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. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - LOSS OF CONSORTIUM William J. Marks v. E. Marie Langloltz 23. Ms. Langlotz incorporates herein by reference her answers to paragraphs 1 through 22 above as though fully set forth herein at length. 24. Denied. After reasonable investigation, Ms. Langlotz is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 24 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 25. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 5 26. That if it should be found that there is any negligence on the part of Ms. Langlotz, which is denied, then in that event, any such negligence is not a factual cause of Plaintiffs' harm. 27. That Plaintiffs' alleged injuries may have been pre-existing. 28. That the Plaintiffs' alleged cause of action may be barred in whole or in part by the Plaintiffs' own comparative negligence and the Pennsylvania Comparative Negligence Act. 29. That Plaintiffs' alleged cause of action may have been caused in whole or in part by third parties or entities not presently involved in this action. WHEREFORE, the Defendant E. Marie Langlotz respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHN ON, DUFFIE, STEWART & WEIDNER By: Date: C 452294 VeffeftoA J. SYVipa4, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant 6 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. Dated: ?Lq JO U f ' v E. Mari//e Langlotz CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Answer and New Matter to Plaintiffs' Complaint 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: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER Y: >! e er n . Shipma E PROTi rONOTAI 'I 2011 AUG 24 AM 11: 36 ,,,IMBERLANO COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I . D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com CHRISTY A. CODER and WILLIAM J. MARKS, h/w Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil V. E. MARIE LANGLOTZ Defendant 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. Respectfully submitted, JOHNSOt4,, JFFI?, STEWART & WEIDNER Date: August 23, 2011 456231 Fey cy, Esquire IDNo. 203948 rket Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this 23' day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, UFFIE, ,PTEWART & WEI By: a CHRISTY A. CODER and WILLIAM J MARKS, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant WILLIAM J. MARKS and CHRISTY A CODER, husband and wife 2157 Allen Avenue Yorktown Heights, NY 10598, Plaintiffs V. E. MARIE LANGLOTZ 4003 Gettysburg Road Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11-4950 Civil -? NO . 2:? - `yt CIVIL ACTION - LAW °. JURY TRIAL DEMANDED ?o >C:: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4951 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION AND NOW, it is hereby stipulated to, and agreed upon, by and between Plaintiffs, William J. Marks and Christy A. Coder, and Defendant, E. Marie Langlotz, through their respective counsel, that with respect to the personal injury actions arising from a November 26, 2010 motor vehicle collision and filed by Plaintiffs in Cumberland County, Pennsylvania (docketed at 11-4950 and 11- 4951), Defendant, on behalf of herself, her current and/or future representatives and/or her future Estate, waives any and all rights she or her estate may now have or may in the future have under 42 Pa.C.S. § 5930, the "Dead Man's Act." If Defendant dies prior to resolution of the aforementioned litigation, Defendant's . Estate will be precluded from raising the Dead Man's Act as a means of excluding otherwise admissible testimony an Date: -<?b A A Date: ? 3o a a evidence. T. Wolfe, Esquire _ucy, Esquire for Defendant t_, ,- JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com ?j I* J I -?tJI) C1;t4' ,:,"i',SYI_YANIA CHRISTY A. CODER and WILLIAM J MARKS, h/w Plaintiffs V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil CIVIL ACTION - LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; (4) The twenty (20) day waiting period has ended; and (5) The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Date: June 8, 2012 Respectfully submitted, JOHNSON, DUFFIE,,,8'f`EWtT &w?AiEIDNER By: . 203948 et ieleffphone squire 7043-0109 ) 761-4540 Counsel for Defendant JERRY It. DUFFIE RICHARD W. STEWART EDDIUND G. h1YF.RS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NI,NOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY ELIZABETH D,SNOVER SARAH E. HOFFMAN L A W O F F I C E S CAROLYN B. NICCLAIN ID A LUCY OHNSON J ULYSSES S. WILSON JULIA A. . PHILLIPS DUFFIE OF COUNSEL HORACE A. JOHNSON C. ROY WEIDNER, JR. CONSTANCF P. BRUNT kvIt19'RIYS E\T. No. I IG E-MAIL k;kn.?W ji 4WX. nn May 16, 2012 Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Re: Christy A. Coder and William J. Marks, h/w v. E. Marie Langlotz No. 11-4960 -- Cumberland County C.C.P. William J. Marks and Christy A. Coder, h/w v. E. Marie Lanalotz No. 11 -4951 -- Cumberland County C.C.P. Dear Mr. Wolfe: Enclosed please find a Notice of Intent to Serve Subpoenas along with a copy of the subpoenas directed to the following entities regarding the above-captioned action: (1) Holy Spirit Hospital, for medical records of Christy A. Coder; and (2) Holy Spirit Hospital, for medical records of William J. Marks. If you do not have an objection to the subpoena, please sign and return the enclosed Waiver for the 20-day objection period at your earliest convenience so that we may obtain the records in a timely manner. Very truly yours, JAL/kan: 22740-diiW7 Enclosures JOHNSON, D FFIE, STEWART & WEIDNER Vie ?.e ?J A. Nelson, P ralegal to John A. Lucy, Esquire 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 lYWW.JDS%V.COM 717.761.4540 FAX: 717.761.3015 MAILOJDSIV.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendant WILLIAM J. MARKS and CHRISTY A. IN THE COURT OF COMMON PLEAS OF CODER, h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4951 Civil V. CIVIL ACTION - LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones 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 subpoenas may be served. IE, STEWART & WEIDNER Date: John ucy, Esquire ney I.D. No. 203948 Fo'. Market Street Box 109 9 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTY A. CODER and WILLIAM J. IN THE COURT OF COMMON PLEAS OF MARKS, h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4950 Civil V. CIVIL ACTION - LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 N 2101 Street. Camp Hill. PA 17011 (Name of Person or Entity) Within.twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Cootes of any and all medical records to Include, but not limiter at Johnson, Duffle Stewart & Weidner, 301 Market Street P .O. Box 109. Lemoyne, PA 17043. 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 fall -to produce the documents or things required by this subpoena within twenty (20) days after its 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: John A. Lucy. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-7614540 SUPREME COURT ID 203946 ATTORNEY FOR: Defendants BY THE COURT: rothonotary/Clark, Civil Division Deputy L Tal DATE: Seal of t Fe Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHRISTY A. CODER and WILLIAM J. IN THE COURT OF COMMON PLEAS OF MARKS, h/w CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 11-4950 Civil V. CIVIL ACTION -- LAW E. MARIE LANGLOTZ Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ Holy Spldt Hospital, 503 N. 21st Street. Camp Hill, PA 17011 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of any and all medical records to include, but not limitec at Johnson. Duffle, Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne PA 17043. 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 its 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: DATE: (OW1 Q Seal o th Court John A. Lucv. Esauire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendants (Eff. 7197) BY THE COURT: CERTIFICATE OF SERVICE AND NOW, this 16'" day of May, 2012, the undersigned does hereby certify that he did this date serve a copy of the foregoing Notice of Intent to Serve Subpoena upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 N, DUFF,tE, STEWART & WEIDNER John CERTIFICATE OF SERVICE -? AND NOW, this 6 day of June 2012, the undersigned does hereby certify that he did this date serve a copy of the foregoing Certificate Prerequisite to Service of a Subpoena upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Adam T. Wolfe, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 JOHNSON, DUFFIE, STEWART & WEIDNER By: - k--- son, Paralegal to John A. Lucy, Esq. r"Al ,E:D-0F�=1C;E �+ Or TI-I01€0h�0Tlah F SHOLLENBERGER & JANUZZI, LL P 2225 Millennium Way 2013 JUL 12 PM 2: 0 7 Enola, PA 17025 CUMBERLAND.COUNTY Telephone Number: (717) 728-3200 PEf4NSYLVAfI Fax Number: (717) 728-3400 Attorneys for Plaintiff 1. CHRISTY A. CODER and WILLIAM J. IN THE COURT OF COMMON PLEAS MARKS, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11-4950 Civil E. MARIE LANGLOTZ, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED f CERTIFICATE OF SERVICE w And now, this 9th day of July, 2013, 1 hereby certify that a copy of the foregoing Interrogatories and Request for Production of Documents directed to the Defendant have been sery ld upon the following, via First Class-Mail to: John A. Lucy, Esquire Johnson Duffie 301 Market Street P.O. Box 109 , Lemoyne, PA 17043-0109 SHOLLE ERGER & JANUZZI, LLP By: Adam Wolfe, Esq. Attorney ID#201057 i I JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com 0 PI !WY 1l4 Pil 2: 22 CUMBERLA Y A NIA r ( Attorneys for Defendant CHRISTY A. CODER and WILLIAM J. : MARKS, h/w, Plaintiffs v. E. MARIE LANGLOTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4950 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED STIPULATION Defendant, E. Marie Langlotz, hereby agrees and stipulates that she is liable for the November 26, 2010, motor vehicle crash that gave rise to this civil action. Defendant further stipulates that she will not contest liabi other proceeding that may be used to determine t J outcome of t • NSON, DUFFIE e trial, arbitration or s case. TEWART & WEIDNER Date: May 7, 2014 . Lucy, Esquire ney I.D. No. 203948 1 Market Street, P.O. Box 109 Lemoyne, PA 17043-0,109 (717) 761-4540 jal@jdsw.com Counsel for Defendant, E. Marie Langlotz