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HomeMy WebLinkAbout12-0231SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??tt atuin6e??rb T fief' , _,12I:ER --7 AM 10° 32 PENN5YL1IA IA ** AMENDED ** Irwin L. Fanus vs. August Ginter Case Number 2012-231 SHERIFF'S RETURN OF SERVICE 01/24/2012 04:35 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 24, 2012 at 1635 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: August Ginter, by making known unto himself personally, at 330 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $39.45 January 26, 2012 STEPHEN-BENDER, DEPUTY SO ANSWERS, RONNwY R ANDERSON, SHERIFF OWENS BARCAVAGE & MCINROY, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) bwholmes@centralpaattorneys.com HLED-JFFIGE iF s ilE t?THONOTAFRY` 2012 FEB --9 FM I` i I CUMBERLAND EVANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN L. FANUS and MARTHA K. FANUS, 226 West Baltimore Street Carlisle, PA 17013 Plaintiffs CASE NO.: 2012-231 vs. AUGUST GINTER, 330 Pine Grove Road Gardners, PA 17324 Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Dear Prothonotary: Kindly enter the appearance of Owens Barcavage & McInroy, LLC and Bart W. Holmes, Esquire, on behalf of Defendant August Ginter. Thank you. Respectfully submitted, OW ENS BARCAVAGE & MCINROY, LLC Date: 2/7/2012 a?? By: Bart W. H lures, squire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 CERTIFICATE OF SERVICE I, Bart W. Holmes, Esquire certify under penalty of unsworn falsification to governing authorities, that I have served a true and correct copy of the foregoing, by United States Mail, pre-paid, as follows: Martson Deardorff Williams Otto Gilroy & Faller Attn: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 OWENS BARCAVAGE & MCINROY, LLC Date: 2/7/2012 By: Bart W. olmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRWIN L. FANUS and MARTHA K. FANUS, Plaintiffs VS. AUGUST GINTER, Defendant TO THE PROTHONOTARY: CIVIL DIVISION CASE NO.: 2012-231 ?., : = VMS M S .?L +. y.? \?. ?Tw t N ? -<> u:s CCs -.0 -n JURY TRIAL DEMANDED PRAECIPE Please enter a Rule upon Irwin L. Fanus and Martha K. Fanus, Plaintiffs, to file a Complaint within twenty (20) days from the date of service of this Rule or suffer Judgment non- pros. OWENS BARCAVAGE & McINROY, LLC Date: 2/7/2012 Bart W. Holme , squ re PA I.D. No. 85071 2595 Interstate Drive Harrisburg, PA 17110 (717) 909-2500 Attorney for Defendant August Ginter NOW, 2012, RULE ISSUED AS ABOVE. Prothonotary fty. Deputy Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs THE" Z0??F B 29 AK g: 2) CL1?18ERLAND C PEPNNSYLVA GU TY NIA IRWIN L. FANUS and MARTHA K. FANUS, Plaintiff vs. AUGUST GINTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2012 - 231 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F:\Clients\13938 FanusU3938.1.complaint.wpd Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for IRWIN L. FANUS and IN THE COURT OF COMMON PLEAS MARTHA K. FANUS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION -LAW NO. 2012 - 231 AUGUST GINTER, Defendant COMPLAINT AND NOW, comes the Plaintiffs, Irwin L. Fanus and Martha K. Fanus, by and through their attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and file the following Complaint: 1. Plaintiffs, Irwin L. Fanus and Martha K. Fanus, are adult individuals residing at 226 West Baltimore Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, August Ginter, is an adult individual residing at 330 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324. 3. On or about March 28, 2010, Plaintiff Irwin L. Fanus was operating a vehicle on Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 4. At the same time, Defendant August Ginter, was operating a 2002 Ford Windstar on Marsh Drive, Carlisle, Cumberland County, Pennsylvania. 5. As Plaintiff Irwin Fanus was stopped on Marsh Drive, attempting to make a turn, Defendant August Ginter crashed into the vehicle operated by Irwin Fanus. COUNTI IRWIN FANUS V. AUGUST GINTER 6. Paragraphs 1-5 are incorporated herein by reference. 7. Immediately prior to the collision, Irwin Fanus was safely operating his vehicle on Marsh Drive. 8. Defendant August Ginter had a duty and an obligation to properly operate his vehicle safely with regard to other vehicles on the road. 9. The collision was caused solely as a result of negligence, recklessness, and carelessness of the Defendant, August Ginter, in that he: a. Failed to be aware of other vehicles on the road; b. Failed to properly brake his vehicle to avoid causing a collision with Irwin Fanus's vehicle. 10. As a result and proximate cause of the collision, Irwin Fanus has sustained serious and permanent injuries including, but not limited to the following: a. Severe headaches; b. Dizziness; c: Lower extremity numbness; d. Low back pain. e. Aggravation of pre-existing degenerative disc disease. 11. As the direct and proximate cause of the collision, Irwin Fanus has suffered serious and permanent injuries and undergone great pain and suffering for which damages are claimed. 12. As a direct and approximate result of the collision and his injuries, Irwin Fanus has incurred and will continue to incur medical bills, lost wages and lost earning capacity. WHEREFORE, Plaintiff, Irwin L. Fanus, demands judgment against Defendant, August Ginter, in an amount in excess of the compulsory arbitration limits plus costs, interest and delay damages as allowed by law. COUNT II MARTHA K. FANUS v. AUGUST GINTER 13. The averments of Paragraphs 1 through 12 of this Complaint are hereby incorporated herein by reference. 14. At the time of the accident, Plaintiff, Martha K. Fanus, was married to Irwin L. Fanus. 15. As a result of the collision, Plaintiff, Martha K. Fanus, has incurred the loss of the love, companionship, affection, and consortium of her husband for which damages are claimed. WHEREFORE, Plaintiff, Martha K. Fanus, demands judgment against Defendant, August Ginter, plus interest costs and delay damages as allowed by law. MARTSON LAW OFFICES By: L-'//I ,.A l 'J . Hube'rt X. Gilroy, E I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 / bl Attorneys for Plaintiffs Date: vp l? VERIFICATION The foregoing Complaint are based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. r? Irwin L. Fanus I g. OWENS BARCAVAGE & MCINROY, LLC By: Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) bwholmes@centralpaattorneys.com Attorney for Defendant August Ginter r h { 4 "IRIAND COUNTY PEN,gS YL.V COU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN L. FANUS and MARTHA K. FANUS, Plaintiffs vs. AUGUST GINTER, Defendant CASE NO.: 2012-231 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW COMES Defendant, August Ginter, by and through his attorneys Owens Barcavage & McInroy, LLC, and Bart W. Holmes, Esquire and file the following Answer with New Matter to Plaintiffs' Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. COUNTI IRWIN FANUS V. AUGUST GINTER 6. Defendant's answers to the foregoing Paragraphs are incorporated herein by reference as if set forth at length. 7. After reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 8. The allegations in this paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 9. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). (a) The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). (b) The allegations in Paragraph 8 constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 10. After reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 10a. - l Oe., and therefore denies same. Moreover, the allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By 2 r way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 11. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response, after reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments in this Paragraph and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 12. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response, after reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments in this Paragraph and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). WHEREFORE, Defendant, August Ginter, demands judgment against Plaintiff, Irwin Fanus, and in his favor. COUNT II MARTHA K. FANUS V. AUGUST GINTER 13. Defendant's answers to the foregoing Paragraphs are incorporated herein by references as if set forth at length. 14. After reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of this averment and therefore denies same. 15. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response after reasonable investigation answering Defendant is without knowledge sufficient to form a 5 , belief as to the truth of these averments and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). WHEREFORE, Defendant, August Ginter, demands judgment against Plaintiff, Martha K. Fanus, and in his favor. NEW MATTER 16. Answering Defendant incorporates herein its responses to the foregoing paragraphs as if set forth at length. 17. Defendants claims are barred by the doctrine of comparative negligence. 18. Defendants claims are barred by the doctrine of contributory negligence. 19. Defendants claims are barred by a limited tort election. 20. Defendants have failed to mitigate damages. OWENS BARCAVAGE & McINROY, LLC Dated: ?y/ao I By: Bart W. H s, Esquire Attorney I.D. No. 85071 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney for Defendant August Ginter 4 CERTIFICATE OF SERVICE AND NOW this ;L? Ada of Y j, ,2012, I, Bart W. Holmes, Esquire, of the firm of Owens Barcavage & McInroy, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Martson Deardorff Williams Otto Gilroy & Faller Attn: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: Bart W. Holm , Esquire 5 VERIFICATION I, August Ginter, the Defendant in the above matter, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact, or denial of fact, in the foregoing are true and correct upon my personal knowledge, information or belief. Date: 3 '02? /v2 (signature) 6 F:\FILES\C1ients\13938 Fanus\13938.1.ans Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES c-3 `;= I.D. 29943 iu 10 East High Street MW mm :x -0. 1-1-2 Carlisle, PA 17013 M ,-- .4 € a (717) 243-3341 -t> ?;. Attorneys for Plaintiffs <?' IRWIN L FANUS and IN THE COURT OF COMMON PLEAS` . MARTHA K. FANUS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION -LAW NO. 2012 - 231 AUGUST GINTER, Defendant )DEFENDANT'! EW MATTER AND NOW, come the I laintiffs, Irwin L. Fanus and Martha K. Fanus, by and through their attorneys, MARTSON LAW Ol FICES, and file the following Answer to Defendant's New Matter: 16-20. Denied as of law to which no response is required. MARTSON LAW OFFICES By: Hubert X. _Gilroy, Esq ' e I.D. No. 29943 10 east High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs /???a Date: CERTIFICATE OF SERVICE 1. Mary M. Price, an uthorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a co y of the foregoing Answer to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Bart W. Holmes, Esquire OWENS BARCAVAGE & McINROY, LLC 2595 Interstate Drive j Harrisburg, PA 17110 MARTSON LAW OFFICES By (,, / Pr 1A M. Price en East High Street Carlisle, PA 17013 (717) 243-3341 e Dated: S ??c nF 7^a.m•; tE OWENS BARCAVAGE & MCINROY, L4C By: Bart W. Holmes, Esquire D 0 av T PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 717-909-2500 717-909-2504 (fax) bwholmes@centralpaattomeys.com Attorney for Defendant August Ginter IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN L. FANUS and MARTHA K. FANUS, Plaintiffs : VS. AUGUST GINTER, Defendant CASE NO.: 2012-231 JURY TRIAL DEMANDED DEFENDANT'S FIRST AMENDED ANSWER WITH NEW MATTER AND NOW COMES Defendant, August Ginter, by and through his attorneys Owens Barcavage & McInroy, LLC, and Bart W. Holmes, Esquire and file the following Answer with New Matter to Plaintiffs' Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. COUNTI IRWIN FANUS V. AUGUST GINTER 6. Defendant's answers to the foregoing Paragraphs are incorporated herein by reference as if set forth at length. 7. After reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the truth of this averment, and therefore denies same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 8. The allegations in this paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 9. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). (a) The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.,P. 1029(e). (b) The allegations in Paragraph 8 constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 10. After reasonable investigation, answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments contained in Paragraph 10a. - 10e., and therefore denies same. Moreover, the allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By 2 way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 11. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response, after reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments in this Paragraph and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). 12. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response, after reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of the averments in this Paragraph and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). WHEREFORE, Defendant, August Ginter, demands judgment against Plaintiff, Irwin Fanus, and in his favor. COUNT II MARTHA K. FANUS V. AUGUST GINTER 13. Defendant's answers to the foregoing Paragraphs are incorporated herein by references as if set forth at length. 14. After reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of this averment and therefore denies same. 15. The allegations in this Paragraph constitute conclusions of law to which no responsive pleading is required and therefore same are denied. By way of further response after reasonable investigation answering Defendant is without knowledge sufficient to form a belief as to the truth of these averments and therefore deny same. By way of further response the allegations in this Paragraph are denied under Pa.R.C.P. 1029(e). WHEREFORE, Defendant, August Ginter, demands judgment against Plaintiff, Martha K. Fanus, and in his favor. NEW MATTER 16. Answering Defendant incorporates herein its responses to the foregoing paragraphs as if set forth at length. 17. Plaintiff's claims are barred by the doctrine of comparative negligence. 18. Plaintiff's claims are barred by the doctrine of contributory negligence. 19. Plaintiff's claims are barred by a limited tort election. 20. Plaintiffs have failed to mitigate damages. 21. Plaintiffs alleged claims are the result of preexisting conditions rather than the conduct of the Defendant. 22. Defendant's conduct was not a substantial factor or factual cause of Plaintiff's alleged injuries. OWENS BARCAVAGE & McINROY, LLC Dated: In Z C 1 :?k- By: art W. olme ; Esquire Attorney I.D. No. 85071 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney for Defendant August Ginter 4 CERTIFICATE OF SERVICE AND NOW, this 9I ay of 1 _,2012, I, Bart W. Holmes, Esquire, of the firm of Owens Barcavage & McInroy, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Martson Deardorff Williams Otto Gilroy & Faller Attn: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013 Date: ,r'I q o Z Bart of es, Esquire A VERIFICATION I, Bart W. Holmes, Esquire, counsel for August Ginter, Defendant, certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact in the foregoing First Amended Answer with New Matter are true and correct upon information provided to me by my client or my personal investigation, to the best of my knowledge, information or belief, and that my client's verification shall be substituted for mine. Date: (sign to e) Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for -?RLA 141t't'IS YLVA 1N A? j IRWIN L. FANUS and IN THE COURT OF COMMON PLEAS MARTHA K. FANUS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION -LAW NO. 2012-231 AUGUST GINTER, Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Martson Law Offices and Hubert X. Gilroy, Esquire as attorney for Plaintiffs Irwin L. Fanus and Martha K. Fanus. Dated: May 4_, 2012 Hubert. Gilroy, Esquire Marts Law Offices ,Qfi 10 ast High Street Carlisle, PA 17013 (717) 243-3341 ID #29943 Attorney for Plaintiff Please enter the appearance of Eric B. Brauer, Esquire as attorney for Plaintiffs Irwin L. Fanus and Martha K. Fanus. Dated: May, 2012 Eric B. Brauer, Esquire 12 Penn Trail Newtown, PA 18940 (215) 953-9100 Attorney for Plaintiffs ` F_ j LAW OFFICES OF ERIC B. BRAUER By: Eric B. Brauer, Esquire Identification No. 43624 12 Penns Trail Newtown, PA 18940 (215) 953-9100 Attorney for Plaintiffs, Irwin L. Fanus and Martha K. Fanus IRWIN L. FANUS and MARTHA K. FANUS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Civil Division AUGUST GINTER NO. 2012-231 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS 16. No response required. 17. Denied. Plaintiffs are not in any manner whatsoever negligent. 18. Denied. Plaintiffs are not in any manner whatsoever negligent. 19. Denied as a conclusion of law to which no responsive pleading is required. 20. Denied. Plaintiffs have no duty to mitigate damages. However, Plaintiffs exercised the appropriate standard of care Lo mitigate damages. 21. Denied. Plaintiffs' claims are solely as a result of the conduct of the answering Defendant. 22. Denied. The injuries sustained by Plaintiff were caused solely by the conduct of the answering Defendant. LAW OFFICES OF ERIC B. BRAUER - 12 PENNS TRAIL • NEWTOWN, PA 18940 WHEREFORE, Plaintiffs respectfully request that the New Matter of Defendant be dismissed. Eric B. Brauer, Esquire Attorney for Plaintiffs LAW OFFICES OF ERIC B. BRAUER • 12 PENNS TRAIL • NEWTOWN, PA 18940 0 CERTIFICATE OF SERVICE I, Eric B. Brauer, Esquire, do hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply To New Matter of Defendant has been served this date upon all interested counsel by way of United States First Class Mail, postage prepaid, addressed as follows: Bart W. Holmes, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive Harrisburg, PA 17110 Eric B. Brauer, Esquire Attorney for Plaintiffs Date: 05/30/2012 LAW OFFICES OF ERIC B. BRAUER • 12 PENNS TRAIL • NEWTOWN, PA 18940 I VERIFICATION ERIC B. BRAUER, ESQUIRE, states he is the attorney for the Plaintiffs in the above-captioned matter, he is acquainted with the facts set forth in the foregoing pleading, and they are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 30 / L 1- Eric B. Brauer, `squire Attorney for Plaintiffs LAW OFFICES OF ERIC B. BRAUER • 12 PENNS TRAIL • NEWTOWN, PA 18940 f ( s I t_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO'i1Y, K]llTre? PENNSYLVANIA 22 p 2: u9 CIVIL DIVISION 'Jf DLRLAND COUN Vjr- IRWIN L. FANUS and MARTHA K. FANUS, Plaintiffs vs. AUGUST GINTER, Defendant CASE NO.: 2012-231 JURY TRIAL DEMANDED PRAECIPE TO ATTACH DEFENDANT'S VERIFICATION TO THE PROTHONOTARY: Please attach Defendant's verification to the Defendant's First Amended Answer with New Matter which was filed on May 10, 2012. OWENS BARCAVAGE & McINROY, LLC Date: 6/20/2012 Bart W. Holmes, Esquire PA I.D. No. 85071 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 Attorney for Defendant August Ginter VERIFICATION 1, f j rmt name), certify under penalty of 18 Pa.C.S. § 4904, related to Unsworn Falsification to Authorities, that the averments of fact in the foregoing are true and correct upon my personal knowledge, or information and belief. Date: L ?? 42= signature) CERTIFICATE OF SERVICE AND NOW, this 201h day of June, 2012, I, Kathryn S. Fogle, an employee of the firm of Owens Barcavage & McInroy, LLC, hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Eric B. Brauer, Esquire Law Offices of Eric B. Brauer 12 Penns Trail Newton, PA 18940 Kathryn S. Ng CONNORs LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Bums Horn,I.D. #66603 August Ginter Kevin L. Connors, I.D. #52819 140 S.Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 IRWIN L. FANUS and MARTHA IN THE COURT OF COMMON PLEAS K. FANUS, CUMBERLAND COUNTY, P1f__ �r -0 a- Plaintiffs W -A- mm V. NO. 2012-231 cn C:) AUGUST GINTER, C:) Defendant CIVIL ACTION-LAW T11= ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearances as counsel on behalf of Defendant, August Ginter with regard to the above-captioned matter. Connors Law,LLP By: Patricia Bums Horn, Esquire Kevin L. Connors, Esquire Attorneys for Defendant,August Ginter Date: April 18, 2013 CONNORs LAW,LLP ATTORNEYs FOR DEFENDANT By: Patricia Bums Horn, I.D. #66603 August Ginter Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 IRWIN L. FANUS and MARTHA IN THE COURT OF COMMON PLEAS K. FANUS, CUMBERLAND COUNTY, PA Plaintiffs V. NO. 2012-231 AUGUST GINTER, Defendant CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Withdraw of Appearance and Entry of Appearance was served by first class mail, postage prepaid, addressed as follows: Stephen J. Barcavage, Esquire Owens, Barcavage and McInroy, LLC 2595 Interstate Drive Harrisburg,PA 17110 Hubert X. Gilroy,Esquire Martson Law Offices 10 E. High Street Carlisle, PA 17013 CONNORs LAW,LLP By: Patricia Bums Horn, Esquire Attorney for Defendant, August Ginter Date: April 18, 2013 OWENS, BARCAVAGE AND MCINROY, LLC BY: Stephen J. Bracavage Attorney I.D.No. 78867 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IRWIN L. FANUS and MARTHA K. CASE NO.: 2012-231 FANUS, Plaintiffs VS. AUGUST GINTER, JURY TRIAL DEMANDED Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Defendant, August Ginter, in the above- captioned matter. OWENS BARCAVAGE AND MCINROY, LLC. DATE: BY: tg, h areavage, Esquire .D o.78i867 4595 Interstate Drive Harrisburg, PA 17110 (717) 909-2500 s� LAW OFFICES OF ERIC B. BRAUER T •3 4 f By: Eric B. Brauer, Esquire Identification No. 43624 p��R('�� �' 3(� 777 Township Line Road ��SY ��'� Suite 120 tV�NIAf�r}' Yardley, PA 19067 (215) 953-9100 Attorney for Plaintiffs; Irwin L. Fanus and Martha K. Fanus IRWIN L. FANUS and MARTHA K. FANUS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Civil Division AUGUST GINTER NO. 2012-231 PLAINTIMI PETITION TO REQUEST SETTLEMENT CONFERENCE 'To the Honorable, The Judges of said Court: Eric B. Brauer, Esquire, counsel for Plaintiffs, Irwin L. Fanus and Marth K. Fanus, in the above-captioned matter, respectfully represents the following: 1. The above-captioned action is at issue. 2. Counsel for Plaintiffs and Patricia Burns Horn, Esquire, counsel for Defendant, currently request a settlement conference. 3. Both counsel believe that a settlement conference would expedite the resolution of this matter. 4. Counsel requests the settlement conference be scheduled at the end of September, 2013. WHEREFORE, Petitioner, respectfully requests this Honorable Court to schedule a settlement conference with regard to the above-captioned action. Eric B. Brauer, tsquire Attorney for Plaintiffs LAw OFFICES OF ERIC B. BRAUER • 777 TOWNSHIP LINE ROAD • SUITE 120 • YARDLEY, PA 19067 LAW OFFICES OF ERIC B. BRAUER By: Eric B. Brauer, Esquire Identification No. 43624 777 Township Line Road Suite 120 Yardley, PA 19.067 (215) 953-9100 Attorney for Plaintiffs, Irwin L. Fanus and Martha K. Fanus IRWIN L. FANUS and MARTHA K. FANUS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. Civil Division AUGUST GINTER NO. 2012-231 CERTIFICATION OF SERVICE I., Eric B. Brauer, Esquire do hereby certify that a true and correct copy of the within Petition To Request Settlement Conference has been served this date upon all interested counsel and parties by United States First Class Mail, postage pre-paid, pursuant to Pa.R.C.P. No. 205.4 (g) (2) (ii) as follows: Patricia Burns Horn, Esquire Connors Law, LLP 140 S. Village Avenue Suite 120 Exton, PA 19341 4� _Z� Eric B. Brauer, tsquire Attorney for Plaintiffs Date: LANK, OFFICES OF ERIC B. BRAUER • 777 TOWNSHIP LINE ROAD SUITE 120 • YARDLEY, PA 19067 VERIFICATION ERIC B. BRAUER, ESQUIRE, states he is the attorney for the Plaintiffs in the above-captioned matter, he is acquainted with the facts set forth in the foregoing pleading, and they are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Eric B. Brauer, Esquire Q Attorney for Plaintiffs Date: 2 LA«, OFFICES OF ERIC B. BRAUER • 777 TOWNSHIP LINE ROAD - SUITE 120 • YARDLEY, PA 19067 IRWIN L. FANUS AND : IN THE COURT OF COMMON PLEAS OF MARTHA K. FANUS, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS • V. • • AUGUST GINTER, DEFENDANT : NO. 12-231 CIVIL IN RE: PLAINTIFFS' PETITION TO REQUEST SETTLEMENT CONFERENCE ORDER OF COURT AND NOW, this 25th day of September, 2013, upon consideration of the Parties' request for a settlement conference, IT IS HEREBY ORDERED AND DIRECTED that a settlement conference pursuant to Pa.R.C.P. 212.5 will be held on Monday, November 4, 2013, at 10:30 a.m. Trial counsel and the parties shall be present at the settlement conference. The adjuster who is handling the claim on behalf of Mr. Ginter from Allstate Insurance shall be available by telephone. By the Court, 1/2\18k* M. L. Ebert, Jr., J. ✓ Eric B. Brauer, Esquire Attorney for Plaintiff atricia Burns Horn, Esquire Attorney for Defendant m LE bas > ✓`=>~ CHI C i t LEL r- _ Q n , :1,_ I ;.,,r,fi` '!-i �^. .. PRAECIPE FOR LISTING CASE FOR JURY TRIAL '' ,{ :. ' �r4 � � 1 (Must be typewritten and submitted in triplicate) ,`=qty?L.r,;r4 /� T TO THE PROTHONOTARY OF CUMBERLAND COUNTY Y �tP+ Please list the following case for a Jury Trial. CAPTION OF CASE (entire caption must be stated in full) (check one) ❑ Civil Action—Law ❑Appeal from arbitration Irwin L. Fanus and Martha K. Fanus (other) (Plaintiff) No. 2012-231 Civil Term vs. The trial list will be called on August Ginter and _ (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials) vs. Trials commence on Indicate the attorney who will try case for the party who files this praecipe: Eric B. Brauer, Esquire Indicate trial counsel for other parties if known: Patricia Burns Horn, Esquire This case is ready for trial. Signed: Print Name: Eric B. Brauer, Esquire Date: ///. 3 Attorney for: Plaintiffs Q del7. pd aaI IRWIN L. FANUS and • IN THE COURT OF COMMON PLEAS OF MARTHA K. FANUS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. • CIVIL ACTION - LAW AUGUST GINTER, • Defendant • 12-231 CIVIL TERM IN RE: CALL OF THE CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 7th day of January, 2014, this being the time and place set for the Call of the Civil Trial List, and no parties having appeared on behalf of the Plaintiff or Defendant, this matter is hereby stricken from the trial list . By the Court, Christylee L. Peck, J. B. Brauer, Esquire For the Plaintiffs �tricia Burns Horn, Esquire For the Defendant Prothonotary , ib Ct . Admin. - 1Nq,,- pcb 1r'ES ifl [ I i/afl "=ifYi Fri mss- PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in full] Irwin L. Fanus and Martha K. Fanus (Plaintiff) vs. --o 1.... D--? ---i .' .....7 s -. (check one) U Civil Action — Law U Appeal from arbitration n (other) No. 2012 -231 Civil Term The trial list will be called on August Ginter and (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials) vs. Trials commence on Indicate the attorney who will try case for the party who files this praecipe: Thomas L. Delevie Indicate trial counsel for other parties if known: Patricia Burns Horn, Esquire This case is ready for trial. Date: March 13, 2014 Signed: Print N Attor /i Z.14 WI re: Thomas L. Delevie, Esquire 4.3,t1.16- PD ! 1r ail 11 e ?3o3s) ley for: Plaintiffs 'IRWIN L. FANUS and, MARTHA K. FANUS, Plaintiffs IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT c'3 v CIVIL ACTION - LAW rna AUGUST GINTER, 2012-0231 CIVIL TERM zrl Defendant cat- C:) IN RE: PRETRIAL CONFERENCE Zc� n be W o ORDER OF COURTS =T r 1-1 AND NOW, this 7th day of May, 2014, a pretrial-"' conference on this civil action was held in the jury deliberation room of Courtroom Number 6. Present on behalf of Plaintiff was Eric B. Brauer, Esquire, with trial counsel being Thomas L. Delevie. Present on behalf of Defendant and trial counsel was Patricia Burns Horn, Esquire. This is a motor vehicle trespass action arising out of an automobile accident that occurred on 28 March 2010 in Carlisle, Cumberland County, Pennsylvania. Damages in this case are capped at $100,000 based on a bankruptcy order, and the damages requested are for pain and suffering and loss of consortium by Plaintiff and his wife. The current request is $42,500. The defense is on the factual cause of the injuries based on Plaintiff's pre-existing conditions and limited tort liability. This will be a jury trial in which each side will be given 4 peremptory challenges, for a total of 8. The estimated during duration of trial is 2 days, which will limit the jury to not being able to take notes. Counsel acknowledged that if it goes over 2 days the jury still is not to be taking i notes. Both counsel have been introduced and advised to contact the Court Administrator to discuss any scheduling concerns. The initial day of trial is presently scheduled for 19 May 2014. To the extent that any deposition testimony is to Abe shown or read to the jury and contains objections requiring rulings by the trial judge, counsel are directed to supply to the Court no later than 16 May 2014 copies of the affected transcripts, with the areas of objections being pursued highlighted, with a brief memoranda in support of their respective positions on the objections Two copies of an exhibit list identifying by number and a short description, together with columns for identified and admitted, shall be presented to the Court prior to the commencement of trial. Further, a draft of the requested instructions shall be submitted to the Court no later than the close of business 16 May 2014. It does not appear to the Court that the case will resolve amicably. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice. Thomas A. Placey C.P.J. Eric B. Brauer, Esquire Thomas L. Delevie, Esquire 638 Newtown Yardley Road Suite 2B Newtown, PA 18940 For Plaintiffs 4atricia Burns Horn, Esquire 0 South village Avenue Suite 120 Exton, PA 19341 For Defendant Court Administrator :mae Qb ies 5 4//y