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Home My WebLink About13-10186 ~y !~ ,~, ~~~~~SYI.VANIA ANG[NCI 8 RQL'NER, P.C. Richard A- Sadlock Esquire Attorney 1~~ . 472$1 403 North Front Street Harrisburg, PA !7l 10-1708 Phone.: (717j 238-6791 Fa.~:~ (717) 238-Stilt) E_maii: rsudlo~~k'~i'angino-rovr~cr.com P.ICI IARD M. BF.ACI-~ and LIwrDA BEACH, his wife, Plaintiffs ~~. SHERRY L. BRC~WN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L NO. ~ 3 _ ~ p~ ~" ~{V( JURY TRIAL DEMANDED NOTICE TO DEFEND You have beer sued in court. If you wish to defend against the claims set forth in the following pages, you must take action. within twer_ty i20) days after this Complaint and Notice are serf ed, by entering a v~~ritten appearance personally or by attoriey and filing in writing with the ~;:'ourt your defenses or objections to the claims set forth. against you. You are warned that if you fail tc do so the case may proceed without you and judgment ma}' be entered against you by the Court without further ~lotice~ for any money claimed in the Complaint or for any other claim or relief _requeste~ Ley the Plaintiff. You may lose money or propert}' or other rights important tc? you. YOi.; SH(>LTLD TAILE THIS PAPER TO YOliR LAWYER AT ONCE. IF YOU DO NOT I-I.~VF A LAUYL,IZ, L?O TU OR TELEPHONE THE OFFICE SE"T FORTH. BELQW. TH1S C3I'F~C'E CA1!? PR~~VIDL:' YOU WITH INFOR.h1ATION ABOUT HIRING A LAWYER. ask ~ (~~- ~ a ~.~ qb~ ~ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE, MAY BE ABLE T O PROVIDE YOU WITH INFORMATION ABUTJT AGENCIF,S THAT MAY OFFER LEGAL SERVICES TO E~~IGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland C~7unty Bar Association 2' L;ibertv Avenue Carlisle, PA 17013 (717 j 249-3166 AVISO USTEL? HA SIUO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que: se nersentan mas adelante er. las siguientes paginas, debe tomar accion dentxo de los pr~iximos vente (20) digs despues de la notification de esta Demanda y Aviso radicando personalmente o I or medio de un abogado una comparecencia escrita y radicando en is Corte por es:.,rito sus d?i%ns is de, y objecciones a , las demandas presentadas aqui en contra soya. Se le ad~~ierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usteC v un fallo por cualquier soma de dinero reclamada en la demanda o cualquier ~tra reclamation o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad a otros derechos importances Para used. LISTED DEBE LLEVAR ESTE DOCL'i'VIENTO A SU ABOGAI)O INMEDIATAMENTE. SI USED NO TIENE t11~i ABOGADU, LLAME O VAYA A LA SIGUIENTF, OFICII~TA. ESTA OFICINA PUEDE PROVEERLE IIVFORMACION A CERCA DE COMU CONSEGUIR UN ABOGADO. SI USED NO Pt1EDE PAGAR POR LOS SERVICIUS DE LTI~i ABOGADO. ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMATION SOBRE AGE?vTCL~S QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. ' ~ Cumberland County Bar Association 2 Liberty yAveriue Carlisle; PA 17013 (717) 249-3166 ~!7~6G ANGINO & ROVNER, P.C. Richard A. padlock Esquire Attorney [D# ~ 47281 4503 NorCh Front Street Harrisburg, PA 17110-1708 Phone: (717) 238-6791 Fax: (717) 238-5610 E-mail: rsadlocknangino-rovner.com RICHARD M. BEACH and LI1~~DA BEACH, his wife, Plaintiffs v. SHERRY L, BROWN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Richard M. Beach and Linda Beach are husband and wife, adult individuals and who reside at 13019B Graceham Road, Thurmont, Maryland 21788. 2. Defendant Sherry L. Brown is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 3605 Scotland Main Street, Chambersburg, Franklin County, Pennsylvania 17202. 3. The facts and occurrences hereinafter related took place on September 15, 2012, at the intersection of Airport Road and Gilbert Road, in Southampton Township, Cumberland County, Pennsylvania. 4 At that time and place, Plaintiff Richard M. Beach was operating a 1980 Suzuki Windjammer motorcycle north on Gilbert Road. 5. At that time and place, Defendant Sherry L. Brown was driving a 2000 Mercury Mystique east on Airport Road. ~i. Traffic travelling on Airport Road is controlled by a stop sign. There are no signs or other traffic control devices applicable to traffic travelling on Gilbert Road. ~i75so 7. At that time and place, Defendant Sherry L. Brawn failed to properly stop for her stop sign, failed ~o yield, and entered into the intersection, directly .into the path of .Plaintiff Richard M. Beach and violently and without warning collided with Plaintiff s motorcycle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Richard M. Beach and Linda Beach are the direct and proximate result of the negligent, careless,. wanton, and reckless manner in which Defendant Sherry- L. Brown operated her vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; ("b) failure to apply her brakes in sufficient time to avoid colliding with the Plaintiff s motorcycle; (c)~ 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; (d) failure to have proper and adequate control over her vehicle; (e) failure to yield the right-of--way to Plaintiffs approaching motorcycle in violation of §3322 of the Pennsylvania Motor Vehicle Code; (f) failing to properly stop at a stop sign; (g} making an improper left turn and failing to yield to oncoming traffic in violation of 75 Pa.C.S.A. X3323; and (h) 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 Cgde of the Commonwealth of Pennsylvania. CLAIM I RICHARD M. BEACH V. SHERRY L. BROWN 9. Paragraphs 1 through 8 are incorporated herein by reference. ~ 1'S6ii 10. As a direct and proximate result of the aforementioned accident, Plaintiff' Richard M. Beach sustained painful and severe injuries which include but are not limited to a comminuted fracture of the. right acetabulum requiring surgery, as well as shock to his nervous system. 1 1_ . By reason of the aforesaid injuries sustained by Plaintiff Richard M. Beach, he was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor. 1?. Because of the nature of his injuries, Plaintiff Richard M. Beach has been advised and.. therefore, avers that he may be forced to incur similar expenses in the future; and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Richard M. Beach -has undergone and in the future will undergo great physical and mental. suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made the:°efor. 14. As a result of the aforesaid injuries, Plaintiff Richard M. Beach has been and in the future will be subject to great humiliation anal embarrassment, and claim is made therefor. 15. Plaintiff Richard M. Beach continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature; causing residual pr;~blems for the remainder of his lifetime, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Richaxd M. Beach has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made thereft~r. sirs6o 17. As a result of the aforesaid injuries, Plaintiff Richard M. Beach has sustained uncompensated work loss, and claim is made therefor. l 8. As a result of the aforesaid accident, Plaintiff Richard M. Beach has sustained scars which will result in a permanent disfigurement, and claim is made therefor. ' CLAIM II LINDA BEACH V. SHEP.RY L. BROWN 19. Paragraphs 1 through 18 are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff Richard ~~I. beach, Plair~tiif Linda Beach has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will he to her great detriment, and claim is made therefor. WI~EREF{~RE, Plaintiffs Richard M. l3each and Linda Beach demand judgment against Defendant Sherry L. Brown in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusiee of interest and costs and in excess o;f any jurisdictional amount requiring compulsory arbitration. Date: ~ / ANGINO & PA LD. No. 47281 403 N. Front Street Harrisburg, PA i 711 Q (7171238-6791 rsadlock@angino-rovner. com Counsel for Plaintiff(s) 5.?F„ VERIFICATION I, LINDA BEACH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I ur~~lerstar_u that this ~c~~ficaticr~ i~ :: adc subject to the Penalties cf tl~ie RN1t,J ;,f C'.,,ilnr.^,Cerl.L:r,F', relating to unsworn falsification to authorities. WITNES --- vated: ~/~ LINDA BEACH 203648 VERIFICATION I, RICHARD M, BEACH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I ,,Y a ,. ..,.. a ~, ~ *yi• r Z+'n „ 'c ,.,, _ ~.,b;~,. ~ ~nalties :.,f the Riles of ri•,.1 Precedbire ~.1111.i~:SutllU ~ FY.IL ll ZJ VVr11~i,Nll Vll 1J lll~de VN ~.,t~t t0 th., pv _ relating to unsworn falsification to authorities. Wl"TNF,SS: ,~°'~r -- RICHARD M. BEACH Dated: 203648 E THE PROTHONO Tar;Ft 2013 MAR 18 PM 3: 02 CUMBERLAND COUNTY IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVA YN ENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN . Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for Defendant, Sherry L. Brown in the above-captioned matter and mark the docket accordingly. GRIFFITH, ST ER, LERMAN, SOLYMOS & CAL 7� BY: /obert A. Lerman, squire PA#07490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax I rlerman(a,gslsc.com Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED ii CERTIFICATE OF SERVICE AND NOW, this I J `day of , 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg,PA 17110-1708 (Counsel for Plaintiff) GRIFXA ER, LERMAN, SOLYMOS & BY: an, Esquire PA#07 490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman@gslsc.com jml/brown-prp z- y t �i.t',i IN THE COURT OF COMMON PLA TnT COUNTY, PENNSYLVANIA i, t..l!Bv ,Tt� i fi RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED DEFENDANT, SHERRY L. BROWN'S,PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Sherry L. Brown, by her counsel Robert A. Lerman and Ann Margaret Grab and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Preliminary Objections to Plaintiffs' Complaint,the grounds for which are as follows: 1. This personal injury action arises out of a motor vehicle accident that occurred on September 15, 2012, between a motorcycle operated by Plaintiff, Richard M. Beach and a motor vehicle operated by Defendant, Sherry L. Brown at the intersection of Airport Road and Gilbert Road in Southampton Township, Cumberland County, Pennsylvania. 2. After preliminarily reviewing Plaintiffs' Complaint and the police accident report, the undersigned counsel communicated with Plaintiffs' counsel via a faxed letter dated March 125 2013, noting objectionable language in paragraph 8 of Plaintiffs' Complaint relating to allegations of wanton and reckless conduct. A copy of correspondence from Defendant's counsel to Plaintiffs' counsel dated March 12, 2013, is attached along with the proposed Stipulation, collectively marked Exhibit 3. On March 15, 2013, after a preliminary conference with the Defendan as to how the accident occured, Defendant's counsel faxed another letter to Plaintiffs' counsel to inquire if Plaintiffs' counsel was agreeable to executing the proposed Stipulation to amend the offending language in Plaintiffs' Complaint. A copy of the March 15, 2013 letter is attached marked Exhibit 112". 4. In response, Defendant's counsel received correspondence from Plaintiffs' counsel on March 18, 2013, advising that not only would the Stipulation not be signed because the language utilized in the Complaint is Plaintiffs' counsel's "standard language", no extensions of any kind would be granted in this case, and a responsive pleading is due within 20 days of service of the Complaint on the Defendant. A copy of this correspondence from Plaintiffs' counsel is attached as Exhibit"Y'. 5. Defendant was served on March 5, 2013 with Plaintiffs' Complaint and a responsive pleading is due on or before March 25, 2013. 6. Plaintiffs' Complaint in paragraph 8 asserts that the Defendant was negligent and careless and further asserts that the Defendant was wanton and reckless in the operation of her motor vehicle. 7. In subparagraph (h) of paragraph 8 of Plaintiffs' Complaint, Plaintiffs' contend Defendant operated her motor vehicle in a reckless manner. 8. This motor vehicle accident involves an intersection controlled by a stop sign for the Defendant and a qualified right-of-way for the Plaintiff. 9. The police accident report, a copy of which is attached and marked Exhibit 11411, reflects that the Defendant stated that she stopped at the stop sign, did not see any vehicles approaching and entered the intersection intending on crossing straight across Gilbert Road and that she did not see the Plaintiff s motorcycle until just prior to impact. The police report further reflects the Defendant indicated that she was traveling about 5 miles per hour at impact. The police report also reflects that an independent eyewitness traveling behind the Defendant observed the Defendant come to a complete stop at the stop sign and then begin to enter the intersection at a slow speed. 10. Plaintiffs' Complaint sounds in negligence only and seeks compensatory damages. 11. As set forth in paragraphs 2 and 3 hereinabove, Defendant's counsel has attempted, in good faith,to resolve this pleading issue directly with Plaintiffs' counsel. 12. These Preliminary Objections to Plaintiffs' Complaint are filed pursuant to Pa. R.C.P. 1028(a) on the following grounds: a. The inclusion of language as to wanton and reckless conduct of the Defendant is a general allegation that lacks the requisite specificity pursuant to the Pennsylvania Rules of Civil Procedure; and b. The terms "wanton" and "reckless" should be struck from paragraph 8 of Plaintiffs' Complaint as these terms suggest a plea for punitive damages yet the requisite facts to support such a claim have not been specifically plead as required. C. Plaintiffs' counsel has confirmed that the offending language is simply "standard"; which, by this admission, confirms such allegations in this Complaint are boilerplate, general, non-specific and without the factual support. 13. Plaintiffs' Complaint fails to conform to law and rule of court inasmuch as Pa. R.C.P. Rule 1019(a) provides that the material facts on which a cause of action shall be based shall be stated in a concise and summary form. 14. Plaintiffs' Complaint lacks the required degree of specificity with regard to Plaintiffs' allegations that Defendant acted in a wanton and reckless manner in violation of Pa. R.C.P. 1028 (a) (3) and 1019(a). 15. Plaintiffs' Complaint lacks the required degree of legal sufficiency with regard to Plaintiffs' allegations that Defendant acted in a wanton and reckless manner in violation of Pa.R.C.P. 1028 (a) (4). 16. A Complaint must not only apprise the Defendant of the claim being asserted but it must also summarize the essential facts to support each claim. Cardenas v. Schober, 2001 Pa. Super 253, 783 A.2d 317 (2001). 17. Pennsylvania is a fact-pleading state and thus the Complaint must not only give the Defendant notice of what the Plaintiff's claim is and grounds upon which it rests, but must also formulate issues by summarizing those facts essential to support each and every claim. Alpha Tau Omega Fraternity v. University of Pennsylvania, 318 Pa. Super 293, 464 A.2d 1349 (1983). (Emphasis added). 18. Plaintiffs' Complaint fails to conform to law and rules of procedure as stated herein and the offending language of Plaintiffs' Complaint should be stricken. WHEREFORE, Defendant, Sherry L. Brown respectfully requests that this Honorable Court sustain her Preliminary Objections and enter the attached proposed Order striking the words "wanton and reckless manner" from the third line of paragraph 8 of Plaintiffs' Complaint and striking the words "in a reckless manner" from subparagraph(h) of paragraph 8 of Plaintiffs' Complaint. GRIFFITH, STRI LER, LERMAN, SOLYMO CALK D DATED: 31j ,, BY: Rdbert A. Lerman, Esquire PA# 07490 Ann Margaret Grab, Esquire#55986 Attorneys for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 (717)757-7602/(717)757-3783 fax rlermankgslsc.com/amgrabkgslsc.com LAW OFFICES GRIFFITH,STRICKLER, LERMAN,SOLYMOS&CALKINS 110 S.NORTHERN WAY ROBERT H.GRIFFITH(1928-2009) YORK,PENNSYLVANIA 17402-3737 ROBERT M.STRICKLER TELEPHONE:(717)757-7602 ANN MARGARET GRAB ROBERT A.LERMAN* FAX:(717)757-3783 ERICK V.VIOLAGO- PETER D.SOLYMOS EMAIL: infogaslsc.com JOHN C.PORTER- CHARLES B.CALKINS WEBSITE:www.asisc.com ROBERT D.O'BRIEN PAUL G.LUTZ^ MICHAEL B.SCHEIB* Robert A.Lerman'S EMAIL:rlerman@gslsc.com THOMAS B.SPONAUGLE°+ *Also Member MD Br -LL.M(Taxation);also Member CT Bar `Also Member NY and D.C.Bars -Also Member NJ Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy March 12,2013 (Dictated March 11,2013) Richard A. Sadlock,Esquire Angino&Rovner,P.C. 4503 N.Front Street Harrisburg,PA 17110 RE: Richard M.Beach and Linda Beach v.Sherry L.Brown, Cumberland County C.C.P.No. 13-1018 Civil Dear Mr. Sadlock: We will be representing Defendant, Sherry L. Brown in the above-captioned matter. As soon as we can confirm service of the Complaint on Ms. Brown, we will file our Entry of Appearance. If you have documentation of service, would you please provide us with same. We have been provided with a copy of your Complaint via fax by Ms. Brown's auto insurer and in reviewing the Complaint, we note in paragraph 8 there are allegations of wanton and reckless conduct. In reviewing the Complaint and based upon the limited information we know about this accident, there does not appear to be any basis for allegations of wanton and reckless conduct and we would appreciate if you would consider withdrawing same,via Stipulation. Enclosed is a proposed Stipulation in this regard. Additionally, once proper service of the Complaint has been confirmed, we may find that we require some additional time to respond (depending upon the date of service) and would trust that you would be amenable to a reasonable extension if one becomes necessary. With regard to these matters,please contact me or Lindy Sweeney of this office. Very truly yours, [Ply ROBERT A. LERMAN jml/brown-ltr Enclosure IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED STIPULATION TO AMEND PLAINTIFFS' COMPLAINT We, Richard A. Sadlock, Esquire, counsel for Plaintiffs, Richard M. Beach and Linda Beach, and Robert A. Lerman, Esquire, counsel for Defendant, Sherry L. Brown, hereby stipulate and agree that Plaintiffs' Complaint shall be amended to eliminate the words "wanton and reckless" from paragraph 8 of Plaintiffs' Complaint and the words "in a reckless manner" from Subparagraphs (h) of paragraph 8 from Plaintiffs' Complaint. ANGINO&ROVNER, P.C. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: By: Richard A. Sadlock, Esq. #47281 Robert A. Lerman, Esquire#07490 Attorney for Plaintiffs Attorney for Defendant, Sherry L. 4503 North Front Street Brown Harrisburg, PA 17110-1708 110 South Northern Way (717) 238-6791 York, PA 17402 Dated: (717) 757-7602 Dated: LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS&CALKINS 110 S.NORTHERN WAY ROBERT H.GRIFFITH(192 8-2009) YORK,PENNSYLVANIA 17402-3737 ROBERT M.STRICKLER TELEPHONE:(717)757-7602 ANN MARGARET GRAB ROBERT A LERMAN* FAX:(717)757-3783 ERICK V.VIOLAGO- PETER D.SOLYMOS EMAIL: infoDoalsc.com JOHN C.PORTER- CHARLES B.CALKINS WEBSITE:www.asisc.com ROBERT D.O'BRIEN PAUL G.LUTZ^ MICHAEL B.SCHEIB` Robert A.Lerman'S EMAIL:rlerman @gslsc.com THOMAS B.SPONAUGLE°+ *Also Member MD Bar -LL.M(Taxation);also Member CT Bar 'Also Member NY and D.C.Bars -Also Member NJ Bar +Board Certified Civil Trial and Pretrial Practice Advocate by the National Board of Trial Advocacy March 15, 2013 VIA FACSIMILE AND U.S. FIRST CLASS MAIL Richard A. Sadlock, Esquire Angino &Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 RE: Richard M. Beach and Linda Beach v. Sherry L. Brown, Cumberland County C.C.P.No. 13-1018 Civil Dear Mr. Sadlock: We have just spoken to our client who confirms she was served with your Complaint on March 5, 2013. Accordingly, in follow-up to our letter to you of March 12, enclosed is a copy of our Entry of Appearance being transmitted today for filing on Ms. Brown's behalf. May we have an extension of time until April 15 to respond to your Complaint? Additionally, are you agreeable to executing the Stipulation we transmitted to you on March 12th regarding the language in the Complaint? Please contact me or Lindy Sweeney with regard to these matters at your earliest opportunity. Thanks in advance for your anticipated professional courtesy with regard to these matters. Very trulyY ROBERT A. LERMAN jml/brown-ltr e t t angino-rovner ,A 4503 NORTH FRONT STREET RICHARD C.ANGINO NEIL J.ROVNER HARRISBURG,PA 17110-1799 DAVID L.LUTZ MICHAEL E.KOsIK PHONE: (717)238-6791 RICHARD A.SADLOCK LISA M.BENZIE FAX:(717)238-5610 DARYL E.CHRISTOPHER KRISTEN N.SINISI www.angino-rovner.com E-mail: rsadlock @angino-rovner.com March 15, 2013 Robert A. Lerrnan, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Re: Beach v. Brown - _ -- Dear Bob: Thank you for your letter dated March 12, 2013 in the above-captioned action. Certainly you can contact the Cumberland County Courthouse directly to confirm the date of service on your client. I have no intention of executing the Stipulation that you forwarded with your letter. The language utilized in the Beach Complaint is our standard language. Please be advised there will be no extensions, of any kind, granted in this case. Your responsive pleading is due within 20 days of the date of service upon your client. Very truly yours, Ri and A. S ck RAS/mmm MAp, 2013 t 520800 - p AA-500 TX Incident dumber: H02-2150975 Commonwealth of Pennsylvania PAGE i Crash Involves: Police Crash Report REPORTABLE CRASH 0 out Fatality 0 Hit and Run OCwnmercial vehicfa 0 State Police Vehicle Local Police Vehicle NIA Work Zone ATV (D Snowmobile Commonwealth Vehicle 0 Local Gov Vehicle n Agency Name Case Closed Patrol Zone Investigation Date p PA STATE POLICE-CARLISLE YES 21 0911512012 a Dispatch Time Arrival Time Investigator Badge Number 13:44 his 13:57 hrs LEWIS,RICHARD 08641 u, Approval Date Reviewer Reviewer Badge Number 09!1612012 RUDY,TODD J 06668 Date of Crash Time of Crash Day of the Week Crash Description 0911512012 13:42 hrs. SATURDAY ANGLE County Municipality CUMBERLAND SOUTHAMPTON TWP a Weather Conditions Relation to Roadway n NO ADVERSE CONDITIONS ON TRAVEL LANES c 1"y Illumination Road Surface Conditions V DAYLIGHT DRY #of Units 10,4P e #of Injured #KiAed EMS Agency Medical Facility 002 003 001 000 WEST SHORE EMS CHAMBERSBURG HOSPITAL School Bus Related School Zone Related PennDOT Notified Type of Intersection Special location NO NO NO 4 WAY INTERSECTION NOT APPLICABLE Work Zone Work Zone Type Where in Work Zone NO a N ,e Speed Limit Workers Present Officer Present Work Zone Characteristics e r��t Road Closed Work an Shoulder f Intermittent or Flagger 3 Lane Closure t__J with Detour ❑or Median i_ Moving Work ❑Control Other v Route Signing Route Number Segmen, 'urd;er 'Travel Lanes Speed Limit Orientation m to COUNTY ROAD T380 02 40 MPH EAST u a n House Number Street Name St.Ending ' c AIRPORT ROAD ti v Route Signing Route Number Segment Number Travel lanes Spoed Limit Orientation Of Used in COUNTY ROAD T313 02 40 MPH NORTH c Intersection d Crashes Street Name St.Ending d GILBERT ROAD c x Route Number Or Mile Post Tenths Or Segment Marker Ramp Use Only Feet 4 Y E m R v V Street Name ireet riding Ur MAes Tenths E J Route Number Or Mile Post Tenths Or Segment Marker Ramp Use Only The above entry is the distance from the Crash A Z Street Name Street Ending c Scene to Landmark 1 i5 1 0 Degrees Minutes Seconds Decimal Degrees Minutes Seconds Decimal t9 Latitude, 40 03 . 00 738 Longitude: 77 Y7 11 ■ 583 o Traffic Control Device Traffic Control Functioning STOP SIGN DEVICE FUNCTIONING PROPERLY c° Lane Closed Lane Closure Direction Traffic Detoured Estimated Time Closed FULLY NORTH NO 30-60 MIN. Environmental I Roadway Potential Factors(EIR) Factor 1 Factor 2 Factor 3 NONE First Harmful Event in the Crash Most Harmful Event In the Crash Unit Number Harmful Event Unit Number armful Event 3 002 HIT UNIT 1 002 HIT UNIT 1 c Indicated Prime Factor Unit Number Prime Factor Driver Action DRIVER ACTION 001 PROCEEDING W/O CLEARANCE AFTER STOP w Prime Factor EnviromentallRoadway Prime Factor Vehicle Failure Prime Factor Pedestrian Action Road Surface Type Speaai Jurisdiction Printed At: PA STATE POLICE-CARLISLE 9/20/2012 12.44 PM 1 F � 150975 s ' AA-500 TX Commonwealth of Pennsylvania PAGE 2 incident Number: H02-2150975 Crash lnvolves: Police Crash Report REPORTABLE CRASH 0 DUi 0 Fatality 0 Hit and Run 0Commercial Vehicle 0 State Police Vehicle 0 Local Police Vehicle 1s NtA 0 Work Zone 0 ATV 0 Snowmobile 0 Commonwealth Vehicle ()Local Gov Vehicle Unit Number Type Unit Commercial Vehicle 1 Motor Vohiclo in Transport No First Name Mt Last Name Suffix DOB Telephone Number SHERRY L BROWN 1010611949 (717)263-0175 Street Address City Stara jZipCode 3605 SCOTLAND MAIN ST CHAMBERSBURG PA 17202 Gender License Number License State Class Expiration Date Ov+ner/Driver F 14714721 PA C 1010712015 PRIVATE VEHICLE OWNEDILEASED BY DRIVER Driver Presence Physical Condition Primary Vehicle Code Violation Parson Charged DRIVER OPERATED VEHICLE APPARENTLY NORMAL 3323 YES a AicohollDrugs Suspected Alcohol Test Type Akohol Test Results NO I TEST NOT GIVEN Driver Action PROCEEDING W/O CLEARANCE AFTER STOP N Y Pedestrian Action Pedestrian Signals Pedestrian Clothing Pedestrian Location a m c 1st Harmful Event Left or Right Side Most Harmful Utility Pole Number ° STRUCK BY UNIT 2 YES 2nd Harmful Event Left or Right Side Most Harmful Utility Pole Number 3rd Harmful Event Lett or Right Side Most Harmful Utility Pole Number 4th Harmful Event Left or Right Side Most Harmful Utility Pole Number Owner First Name Owner MI Owner Last Name or Business Name ufx SHERRY L BROWN Street Address City State Zip Code 3605 SCOTLAND MAIN ST CHAMBERSBURG PA 17202 Vehicle Type Special Usage Government Equipment Number AUTOMOBILE NOT APPLICABLE Model Year Vehicle Make Vehicle Model Vehicle Color VIN 2000 MERCURY MYSTIQUE GREEN 1MEFM66L1YK603024 License Plate Reg.State Est.Speed Vehicle Towed Towed By EBT8147 PA 005 YES CDC Insurance insurance Company Policy Number Expiration Date YES ERIE Q092906906H Direction of Travel Vehicle Position Vehicle Movement Initial Impact Point z EAST RIGHT LANE"CURB" GOING STRAIGHT 1 O'CLOCK 0 a Damage Indicator Gradient Road Alignment Possible Vehicle Failures FUNCTION LEVEL STRAIGHT NONE a of Units Type Unit t Tag Number Tag Year Tag State 0 Unit Make Unii Owner 2 •c Q Type Unit Z Tag Number ra, ear Tag State c m r` Unit Make Unit Owner Engine Size Passenger? Saddle BaglTrunk? Trailer? Driver Education? cc Driver Helmet Type Helmet Stayed On? DOT/Snell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? u O 15 Passenger Helmet Type Helmet Stayed On? DOTISnell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? m Passenger? Helmet? V 'h u Head Lights? Rear Reflectors? m a Printed At: PA STATE POLICE-CARLISLE 912MO12 12:44 P1,4 2 Form 9 H02-2150975 PA-500 TX Commonwealth of Pennsylvania PAGE 3 Incident Number: H02-2150975 y Crash Invohies: Police Crash Report REPORTABLE CRASH out 0 Fatality 0 Hit and Run 0Commercial Vehicle 0 State Police Vehicle Local Police Vehicle L1 NIA 0 Work Zone ATV O Snowmobile 0 Commonwealth Vehicle 0 Local Gov Vehicle Unit Number Type Unit Commercial Vehicle 2 Motor Vehicle in Transport No First Name MI Last Name Suffix DOB Telephone Number RICHARD M BEACH 0510611949 (240)818.8476 Street Address City Stale 7_ip Code 13019E GRACEHAM RD THURMONT MD 21788 Gender License Number License State Class Expiration Date Owner/Driver F B200739609346 I MD C 05/07/2015 1 PRIVATE VEHICLE OWNEDILEASED BY DRIVER = Driver Presence Physical Condition Primary Vehicle Code Violation Person Charged 4 DRIVER OPERATED VEHICLE APPARENTLY NORMAL NO a AfcWtoUDrugs Suspected Alcohol Test Type Atcohot Test Results NO TEST NOT GIVEN R Driver Action NO CONTRIBUTING ACTION a tU v Pedestrian Action Pedestrian Signals Pedestrian Clothing Pedestrian Location v a 1st Harmful Event Left or Right Side Most Harmful Utility Pole Number ° HIT UNIT 1 YES 2nd Harmful Event Left or Right Side Most Harmful Utility Pole Number 3rd Harmful Event Lett or Right Side Most Harmful Utility Pole Number 4th Harmful Event Lett or Right Side Most Harmful Utility Pole Number Owner First Name Owner M! Owner Last Name or Business Name uHix RICHARD M BEACH Street Address City State Zip Code 130198 GRACEHAM RD ITHURMONT MD 21788 Vehicle Type Special Usage Government Equipment Number MOTORCYCLE NOT APPLICABLE VIN Model Year Vehicle Make Vehicle Model Vehicle Color 1960 SUZUKI WINDJAMMER BLACK 00GS850702137 License Plate Reg.State Est.Speed Vehicle Towed Towed By 12823LD MD 035 YES CDC Insurance insurance Company Policy Number Expiration pate YES GEICO 4047230968 Direction of Travel Vehicle Position Vehicle Movement Initial Impact Point 0 NORTH RIGHT LANE"CURB" GOING STRAIGHT 11 O'CLOCK Damage Indicator Gradient Road Alignment Possible Vehicle Failures € DISABLING LEVEL STRAIGHT NONE #of Units Type Unit 1 Tag Number Tag Year Tag State 0 0 a Unit Make Unit Owner C Type Unit 2 Tag Number Tag Year Tag State 1 C R F Unit Make Unu Owner Engine Size Passenger? Saddle Bag[Trunk? Trailer? Driver Education? 00850 cc NO NO NO UNKNOWN ° Driver Helmet Type Helmet Stayed On? DOTISnell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? 'n FULL HELMET YES YES YES YES YES YES a Passenger Helmet Type Helmet Stayed On? DOT/Snell Designation? Eye Protection? Long Sleeves? Long Pants? Over Ankle Boots? n Passenger? Helmet? '4 T u v Head Lights? Rear Reflectors? m a Printed At: PA STATE POLICE-CARLISLE 9/28/2012 12:44 PM 3 Form# H02-2150975 rw-soo Tx Incident Number. Hat-21S097s Commonwealth of Pennsylvania PAGE 4 " Crash Involves: Police Crash Report REPORTABLE CP" { DUI Falsky Q HitarA Rua ()Commercial Vehicle 0 State Porte Vehicle 0 Locaf Police Vehicle NIA 4 Work Zone 0 ATV ()Saowrnobiie 0 Corwinonwealth Vehicle 0 Local Gov Vehicle Lint# Person No. First Name MI last Name Suffer DOB 001 1011 SHERRY L BROWN 1 010 611 949 Strast Address City State Zip Code 3605 SCOTLAND MAIN ST CHAMBERSBURG PA 17202 Phan Number EMS Transport Person Type Gender Injury Severity (717)263.0175 NO DRIVER F NOT INJURED Seat Position Safety Equipment 1 e DRIVER-ALL VEHICLES LAP AND SHOULDER BELT USED Safety Equipment 2 Extricaton NONE USED I NOT APPLICABLE NOT EXTRICATED Epcoon Ejection Path NOT EJECTED NOT EJECTEDINOT APPLICABLE Unit# Parses Na. First Name Ml Last Name Suffix DOB 001 002 ALAYZIA A HOWELL 0710211991 Gee!Address City State Zip Code 2053 POWELL OR ICHAMBERSBURG PA 17201 Phone Number JEMS Transport Person Type Gender fniury Severity (717)552.1510 NO PASSENGER IF NOT INJURED Sant Position Safety Equipment 1 FRONT SEAT RIGHT SIDE LAP AND SHOULDER BELT USED Safety Equipment 2 Extrication d NONE USED/NOT APPLICABLE NOT EXTRICATED Ejection EiZ ion Patin NOT EJECTED NO EJECTEI INOT APPLICABLE Unit# Person Na.lFirst Name MI Last Name Suffix 005 002 003 RICHARD M BEACH 05106M949 Street Address City Stow zip Code 130190 GRACEHAM RD THURMONT MD 21766 Phone Number EMS Transport Person Type Gender Injury Severity (240)616-6476 YES DRIVER IF IMODERATEINJURY C Soot Position Safety Equipment 1 2 DRIVER-ALL VEHICLES MOTORCYCLE HELMET USED Safety Equipment 2 Extrication rl MOTORCYCLE EYE PROTECTION NOT APPLICABLE Ejea- Ejection Path NOT APPLICABLE NOT EJECTEDINOT APPLICABLE First Name MI Last Name Suffix Plume Number ee GEORGETTA A KREITZ 7172597374 e Sir"Address City State ZIP Code 69 CRESTVIEW DR E-BERLIN PA 17316 Person%Business Notified Phone Number Date Notified Time Notified s � hrs. ZReason for Not cation Printed At: PA STATE POLICE-CARLISLE 9128/2012 12:44 PM 4 Form# H02-2150975 AA-500 Tx Commonwealth of Pennsylvania PAGE s lncMent Number: H02-2150975 Crash Invol"S: Police Crash Report REPORTABLE CRASH 0!rill 0 Fatality 0 HR ease Run O Commercltl Vehicle 0 State Police Vehicle 0 Local Police Vehicle WA 0 Work Zone 0 ATV Q Snowmobile 0 Commonwealth Vehicle 0 Local Gov Vehicle w `s s 4 fi NARRATIVE C RASH Crash e This crash occurred as unit#1 was eastbound on Airport Rd and came to a stop at the intersection with Gilbert Rd while unit#2 was northbound on Gilbert Rd. Operator#1 failed to yield to unit#2 and entered the Intersection and Into the path of unit#2. Unit#2 could not avoid an Impact,and struck the right front of unit#1 In the Intersection which was the Initial point of impact. Both units came to final rest in the intersection. About 1357 hours,08115/12,I Interviewed operator#2 at the scene who related he had been traveling towards the E Intersection when he observed unit#1 suddenly enter the intersection from his left side. Due to the limited distance, he could not avoid an impact and struck the front of unit M. About 1410 hours,09116112,1 Interviewed operator#1 at the scone who related she had come to a stop due to the stop sign posted at the Intersection on Airport Rd. As she did not observe any vehicles approaching,she entered the Intersection Intending on crossing straight across Gilbert Rd. Suddenly BROWN did see unit#2 just prior to impact, but was unable to avoid It. Unit#2 struck her vehicle near the front right corner. About 1415 hours,09115112,i interviewed witness#1 at the scene who related she had been traveling eastbound on Airport Rd and had been a short distance behind unit#1. KREITZ explained she observed unit#1 come to a complete stop at the stop sign,and then began to enter the intersection at a slow speed. She Printed At PA STATE POLICE-CARLISLE 9128/2012 12:44 PM S Form# M02-2150875 AA-600 Tx Commonwealth-of Pennsylvania a�a Incklent Number H0Z-2150975 Y Crash lnvc&os: Police Crash Report REPORTABLE CRASN y 0 Dul 0 Fatality 0 HR and Run O Commercial Vehicle 0 State Police Vehicle 0 Local Poke VehicN 0 WA 0 Work Zone 0 ATV 0 Snowmobile 0 commonweab Vehicle 0 Local Gov Vehicle Crash tlstaNs then observed unit#2 approaching on Gilbert Rd,and it struck the side of unit#1 In the Intersection. I prepared and posted a news release to the crash attachment file. I filed a citation,T1326352-6,with the office of MDJ 09-3-01 pertaining to BROWN. The VIN for unit#2 was modified on this report to reflect 13 characters by adding two zeros,although It actually is assigned a VIN with 11 characters. I E Printed At: PA STATE Pala-CARLISLE 9129/2012 12:44 PM 6 Form>M NO2-2150975 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs : V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 15tday of , 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Defendant, Sherry L. Brown's Preliminary Objections to Plaintiffs' Complaint by First Class Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Plaintiff's Counsel) GRIFFITH RICKLER, LERMAN, YMOS & CAL S BY: Bert A. Lerman, Esquire PA# 07490 Ann Margaret Grab, Esquire PA# 55986 Attorneys for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 (717)757-7602/(717)757-3783 fax rlerman@p,slsc.com/amgrab @gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs v. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2013, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER,LERMAN, SOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Interrogatories of Defendant, Sherry L. Brown, to Plaintiff, Set No. 1 by United Stages Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-17, 8 (Plaintiff's coun GRIFFITH, ICKLER, LERM , SOLYMOS & CA INS BY: OBERT A. LERMAN, ESQUIRE PA 407490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402-3737 717-757-7602/717-757-3783 Fax Jml/brown-int rlermanngslsc.com IN THE COURT OF COMMON PLEAS Odd MA0ft'A' ?46 COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2012, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER,LERMAN,SOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Interrogatories of Defendants Sherry L. Brown, to Plaintiff, Richard M. Beach, Set No. 2 by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Plaintiff'XERT l GRIFFI , LERMAN, S YM S & BY: MAN, ESQUIRE, PA#07490 ndant, Sherry L. Brown 110 South Northern Way York, PA 17402-3737 717-757-7602/717-757-3783 Fax rlermanC&gslsc.com j m 1/brown-int2 T N "THE COURT OF COMMON P FYN�B�BLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs X". No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH. STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Loss of Consortium Interrogatories of Defendant, Sherry L. Brown, Addressed to Plaintiff, Linda Beach, Set No. 3, by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffs) GRIFFITfSCKLER, LERMAN, SOS & CALKINS `J BY Rdbert A. Lerman, Esquire PA#07490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 (717) 757-7602/(717) 757-3783 fax rlerman i gslsc.com jml/brown-int3 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of March, 2013, 1, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Sherry L. Brown, to Plaintiffs, Set No. 1, by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Plaintiff's counsel) GRIFFITH, S CKLER, LERM N, SOLY S & CAL S BY: ROBERT A. LERMAN, ESQUIRE #PA 07490 Attorney for Defendants, Karen Barclay and Robert Barclay 110 South Northern Way York,PA 17402 717-757-7602/717-757-3783 fax rlermanngslsc.com tsponaugleo gslsc.com jml/brown-rfpd SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson RILED'E:IFTICa Sheriff `` L pRn7H N Jody S Smith Chief Deputy "� 2013 MAR 26 AM 9: 3:) Richard W Stewart Solicitor OF€tCE OF TKE S ERIFF CU BF(LA U COUNTY PENNSYLVANIA Richard M Beach (et al.) vs. Case Number Sherry L Brown 2013-1018 SHERIFF'S RETURN OF SERVICE 02/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sherry L Brown, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint&Notice according to law. 03/20/2013 09:39 AM-The requested Complaint&Notice served by the Sheriff of Franklin County upon Sherry L Brown, personally, at The Franklin County Sheriffs Office at 157 Lincoln Way East, Chambersburg, PA 17202. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, March 20, 2013 RbNtn R ANDERSON, SHERIFF tci CountySwte Sheriff,Teieosoft.Inn SHERIFF' S RETURN - REGULAR. CASE NO: 2013-00057 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN RICHARD M BEACH ET AL VS SHERRY L BROWN RONALD L GEYER Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon BROWN SHERRY L the DEFENDANT at 0939 : 00 Hour, on the 7th day of March 2013 at FRANKLIN COUNTY SHERIFF' S OFFI CHAMBERSBURG, PA 17202 by handing to SHERRY L BROWN a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 Service . 00 RONALD L GEYER Affidavit . 00 Surcharge . 00 By . 00 Deputy 9heri . 00 03/14/2013 RICHARD A SADLOCK ESQ Sworn and Subscribed to before me this I7' day of 4"x/3 A.D. RICHARD D.McCARTY, Notary Public Chamber*q Boro., Franldin County My Commbelon Expkes Jan.29, 2015 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) c TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fone Argument Court.) May 10 2013 t __—_------------------------'-----------------------------------------------------------------------c r�r-" CAPTION OF CASE r 2 (entire caption must be stated in full) , cd Y'. RICHARD M. BEACH AND LINDA BEACH Cz •- c vs. SHERRY L. BROWN No. 13-1018 CIVIL Term 1. State matter to be argued(i.e., plaintiffs motion for new trial, defendant's demurrer to complaint,etc.): Defendant's Preliminary Objections to Plaintiffs'Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Richard A. Sadlock, Esquire, Angino & Rovner, P.C. (Name and Address) 4503 N. Front Street, Harrisburg, PA 17110 (b) for defendants: Robert A. Lerman, Esquire/Ann Margaret Grab, Esquire (Name and Address) GSLSC, 110 S. Northern Way, York, PA 17402 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 10,2013 ignature Print your name Robert A.Lerman,Esquire/Ann Margaret Grab,Esquire Date: March 21, 2013 Attorney for a en an erry . Brown INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. } Pa FILE -OFFICE OF THE P�071joW TARP CUMBER to C �OTY QE10 YCA N ANGINO&ROVNER,P.C. Richard A.Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlock(a-)angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages,you must take action within twenty(20)days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 521629 h IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717)249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias 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 accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717) 249-3166 521629 ANGINO&ROVNER,P.C. Richard A.Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlockaa.angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiffs Richard M. Beach and Linda Beach are husband and wife, adult individuals and who reside at 13019B Graceham Road, Thurmont, Maryland 21788. 2. Defendant Sherry L. Brown is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 3605 Scotland Main Street, Chambersburg, Franklin County, Pennsylvania 17202. 3. The facts and occurrences hereinafter related took place on September 15, 2012, at the intersection of Airport Road and Gilbert Road, in Southampton Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Richard M. Beach was operating a 1980 Suzuki Windjammer motorcycle north on Gilbert Road. 5. At that time and place, Defendant Sherry L. Brown was driving a 2000 Mercury Mystique east on Airport Road. 6. Traffic travelling on Airport Road is controlled by a stop sign. There are no signs or other traffic control devices applicable to traffic travelling on Gilbert Road. 521629 7. At that time and place, Defendant Sherry L. Brown failed to properly stop for her stop sign, failed to yield, and entered into the intersection, directly into the path of Plaintiff Richard M. Beach and violently and without warning collided with Plaintiff's motorcycle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Richard M. Beach and Linda Beach are the direct and proximate result of the negligent and careless manner in which Defendant Sherry L. Brown operated her vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to apply her brakes in sufficient time to avoid colliding with the Plaintiff's motorcycle; (c) 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; (d) failure to have proper and adequate control over her vehicle; (e) failure to yield the right-of-way to Plaintiff's approaching motorcycle in violation of§3322 of the Pennsylvania Motor Vehicle Code; (f) failing to properly stop at a stop sign; (g) making an improper left turn and failing to yield to oncoming traffic in violation of 75 Pa.C.S.A. §3323; and (h) driving her vehicle upon the highway in a manner endangering persons and property in a negligent 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 RICHARD M. BEACH V. SHERRY L. BROWN 9. Paragraphs 1 through 8 are incorporated herein by reference. 521629 10. As a direct and proximate result of the aforementioned accident, Plaintiff Richard M. Beach sustained painful and severe injuries which include but are not limited to a comminuted fracture of the right acetabulum requiring surgery, as well as shock to his nervous system. 11. By reason of the aforesaid injuries sustained by Plaintiff Richard M. Beach, he was forced to incur liability for medical treatment, medications, hospitalizations, physical therapy and similar miscellaneous expenses in an effort to restore himself to health and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Richard M. Beach has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Richard M. Beach has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Richard M. Beach has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. Plaintiff Richard M. Beach 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 Richard M. Beach has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 521629 17. As a result of the aforesaid injuries, Plaintiff Richard M. Beach has sustained uncompensated work loss,and claim is made therefor. 18. As a result of the aforesaid accident, Plaintiff Richard M. Beach has sustained scars which will result in a permanent disfigurement,and claim is made therefor. CLAIM II LINDA BEACH V. SHERRY L. BROWN 19. Paragraphs 1 through 18 are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff Richard M. Beach, Plaintiff Linda Beach has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Richard M. Beach and Linda Beach demand judgment against Defendant Sherry L. Brown in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNE C. A. S , squire PA I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff(s) Date: 521629 VERIFICATION I, RICHARD M. BEACH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. W1 RICHARD M. BEAN Dated: f J 203648 VERIFICATION I, LINDA BEACH, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WITNESS: �iLl�aJ��,6L-t— LINDA BEACH Dated: l �� I j 203648 13-0 8` 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 AMENDED COMPLAINT upon all counsel of record via postage prepaid first class United States mail addressed as follows: VIA CERTIFIED MAIL Ann Margaret, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 r Michelle M. Milojevich Dated: CV M.- -0m C3 o- -4 521629 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED dD TO: Richard M. Beach and Linda Beach, Plaintiffs c/o Richard A. Sadlock, Esquire M Angmo &Rovner, P.C. 4503 N. Front Street �� ° ' C) Harrisburg, PA 17110 y -0 z.o o n � D NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS& CALKINS By: /-�_'R ROBERT A. LERMAN, ESQtIRE PA 407490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlermanggslsc.com Dated: {��n �� , 2013 IN THE COURT.OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SHERRY L. BROWN TO PLAINTIFFS' AMENDED COMPLAINT AND NOW comes Defendant, Sherry L. Brown, by her counsel, Robert A. Lerman and Griffith, Strickler,Lerman, Solymos&Calkins, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. It is denied that the accident occurred as related in Plaintiffs'Complaint. By way of further response, it is admitted that on September 15, 2012, at or about the intersection of Airport Road and Gilbert Road in Southampton Township, Cumberland County, Pennsylvania, a motor vehicle accident occurred involving a motorcycle operated by Richard M.Beach and a vehicle operated by Defendant, Sherry L. Brown collided. 4. Admitted upon information and belief. 5. Admitted. 6. Admitted. 7. Denied as stated. On the contrary, it is averred that Defendant, Sherry L. Brown brought her motor vehicle to a lawful and proper stop at the stop sign of the intersection of Gilbert 1 Road and Airport Road, observed all appropriate duties of a motorist stopping at a stop sign, and started to pull forward believing it was clear to do so when she was suddenly struck by the motorcycle operated by Plaintiff, Richard M. Beach. 8. Denied. To the extent the allegations set forth in paragraph 8 of Plaintiffs' Complaint constitute a conclusion of law no response is required. To the extent a response is required, it is denied that the accident described in Plaintiffs' Complaint and all of the injuries and damages Plaintiffs' claim to have sustained were the direct and proximate result of the negligent and careless manner in which Defendant, Sherry L. Brown operated her vehicle. It is specifically denied that Defendant Brown operated her vehicle in any negligent or careless manner. It is further specifically denied that Defendant, Sherry L. Brown: (a) failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failed to apply her brakes in sufficient time to avoid colliding with the Plaintiff's motorcycle; (c) 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; (d) failed to have proper and adequate control over her vehicle; (e) failed to yield the right-of-way to Plaintiff's approaching motorcycle in violation of§3322 of the Pennsylvania Motor Vehicle Code; (f) failed to properly stop at a stop sign; (g) making an improper left turn and failing to yield to oncoming traffic in violation of 75 Pa. C.S.A. §3323; and (h) driving her vehicle upon the highway in a manner endangering persons and property in a negligent manner with careless disregard to the rights and safety 2 of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. On the contrary,at all times relevant,Defendant,Sherry L.Brown acted carefully,lawfully,properly and prudently in connection with the operation of her motor vehicle and strict proof the contrary is hereby demanded. CLAIM I RICHARD M. BEACH V. SHERRY L. BROWN 9. Answering Defendant incorporates herein by reference,as if fully set forth at length, its Answer to Plaintiffs' Complaint, Paragraph Nos. 1 through 8, as hereinabove set forth. 10. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 10 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 11. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 11 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 3 12. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 12 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 13. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 13 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 14. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 14 of Plaintiffs' Complaint are denied in that after reasonable investigation,answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 15. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 15 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 4 allegations set forth in paragraph 15 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 16. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 16 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of Plaintiffs' Complaint and same are denied and strict.proof thereof demanded. 17. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 17 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. 18. Denied. It is denied that Defendant was negligent or that Defendant's alleged negligence was the direct and proximate result of the accident. The remaining allegations of paragraph 18 of Plaintiffs' Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiffs' Complaint and same are denied and strict proof thereof demanded. WHEREFORE,Defendant,Sherry L.Brown demands judgment in her favor and against the Plaintiffs', Richard A Beach and Linda Beach, together with costs of suit. 5 CLAIM II LINDA BEACH V. SHERRY L. BROWN 19. Answering Defendant incorporates herein by reference,as if fully set forth at length its Answer to Plaintiffs' Complaint, Paragraph Nos. 1 through 19, as hereinabove set forth. 20. Answering Defendant, Sherry L.Brown,incorporates herein by reference,as if fully set forth at length, his Answers to Plaintiff's Complaint, paragraph Nos. 1-18, inclusive, as hereinabove set forth. WHEREFORE,Defendant,Sherry L.Brown demands judgment in her favor and against the Plaintiffs', Richard M. Beach and Linda Beach, together with costs of suit. By way of further answer, Defendant, Sherry L. Brown, asserts the following: NEW MATTER 21. Answering Defendant incorporates herein by reference,as if fully set forth at length, its Answer to Plaintiffs' Complaint, Paragraph Nos. 1 through 20, as hereinabove set forth. 22. Plaintiffs•' Complaint fails to state a cause of action against Defendant, Sherry L. Brown, upon which relief can be granted. 23. Plaintiffs' Complaint may be barred by applicable statutes of limitation. 24. At all times relevant,Defendant,Sherry L.Brown,acted carefully;lawfully,properly, cautiously and prudently with due care under the circumstances existing. 25. Plaintiff's injuries and damages, if any, may have been caused by the acts or omissions of individuals or entities other than Answering Defendant over whom the Answering Defendant has no responsibility or right of control and for whom Answering Defendants has no legal liability. 6 26. The Plaintiff's claimed injuries were caused, in whole or in part, by the acts or omissions, negligence and carelessness of the Plaintiff, Richard A Beach, in the operation of his motorcycle, generally and more specifically as set forth below: a. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; b. By operating his motorcycle at an unsafe speed for the highway conditions, weather conditions and/or the geography of the highway thereby creating a hazard to himself and others lawfully on the highway; C. In failing to operate his motor vehicle in a safe,prudent,cautious and careful manner in view of the geography of the intersection; d. In failing to operate his motorcycle in a safe, prudent, cautious and careful manner in view of the geography of the intersection in question; e. In failing to operate his motorcycle in a safe, prudent, cautious and careful manner in view of the geography of the intersection in question particularly in view of his familiarity with the intersection in question and his knowledge and familiarity that it constituted a dangerous intersection; . f. In failing to operate his motorcycle at a speed that was safe for existing conditions in violation of 75 Pa. C.S.A. §3361; g. In failing to operate his motorcycle at a speed that was safe for the conditions of the roadway as described in his Complaint in violation of 75 Pa. C.S.A. §3361; h. In failing to operate his motorcycle at a speed that was safe for the highway conditions with limited visibility due to the geography of the roadway and the intersection in violation of 75 Pa. C.S.A. §3361; i. In failing to operate his motorcycle at a speed that was safe for actual or potential hazards then existing in violation of in violation of 75 Pa. C.S.A. §3361; j. In failing to keep a proper lookout for other vehicles lawfully and legally in the vicinity of the roadway upon which he was traveling; k. In failing to exercise reasonable care in the operation and control of his motor 7 vehicle in violation of 75 Pa. C.S.A. §3314; 1. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his motorcycle under such control that injury to himself or his property could be avoided; m. In otherwise driving his motorcycle upon the roadway in a manner endangering himself and in a manner with careless disregard to his safety in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; n. In carelessly operating his motorcycle in violation of 75 Pa C.S.A. §3714; o. In failing to keep alert and maintain a proper lookout; P. In failing to maintain proper control in the operation of his motorcycle; and negligently,carelessly and recklessly operating his motor vehicle at a speed in excess of the posted speed limit or at an unsafe speed in violation of 75 Pa. C.S.A. §3362; q. In breaching his required duty of care as to a motorist with only a qualified right-of-way at the intersection in question. 27. In failing to take appropriate and careful evasive action, in view of the roadway and geographic conditions existing. 28. In failing to display an operable headlamp on his motorcycle and/or failing to have his headlamp activated in-violation of 75 Pa. C.S.A. §3526. 29. In utilizing headphones or earphones in violation of 75 Pa. C.S.A. §3314. 30. In failing to obey all traffic laws as required by 75 Pa. C.S.A. §3521. 31. In operating a motorcycle without being properly trained. 32. As a result of the negligence and carelessness of the Plaintiff,Richard M. Beach,as set forth in the immediately preceding paragraphs,his claims are barred or diminished in accordance 8 with the application of the Pennsylvania Comparative Negligence Act, 42 Pa C.S.A. §7102. 33. Plaintiff,Richard M.Beach,may not have sustained a serious injury as defined in the Pennsylvania Motor Vehicle Financial Responsibility Law(75 Pa. C.S.A. §1702 et seq.). 34. The non-economic damages of Plaintiff,Richard M.Beach,may be barred because he is bound by a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. Plaintiffs' may have failed to mitigate their damages. 36. Plaintiffs' have received or are entitled to receive various benefits from insurance arrangements,programs and group contracts of insurance including,but not limited to,benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law,for medical bills and/or income loss, and they may not recover for the same benefits in this proceeding. 37. Plaintiff, Richard M. Beach, has recovered from some or all of the injuries he allegedly sustained as a result of the alleged incident. 38. Some or all of Plaintiff, Richard M.Beach's alleged injuries and damages may have preexisted or preceded the date of the alleged incident and were not caused or aggravated by the alleged incident. 39. Some of Plaintiff,Richard M. Beach's alleged injuries and damages may have been sustained or have occurred subsequent to the alleged incident and were not caused by the alleged incident. 40. Some or all of the damages requested in Plaintiffs' Complaint may not be recoverable in this action against Answering Defendant. 41. Answering Defendant avers that if any liability is found for conduct on the part of 9 Defendant, such conduct was not the proximate or factual cause of the incident and/or Plaintiff's injuries and damages. 42. The damage claims of Plaintiff,Linda Beach,as the non-injured spouse of Plaintiff, Richard M.Beach,are derivative to the claims of the injured Plaintiff,Richard M.Beach,and to the extent the claims of Richard M. Beach are barred or diminished pursuant to the Pennsylvania Comparative Negligence Act, the claims of Plaintiff, Linda Beach, are similarly barred or diminished. WHEREFORE,Defendant, Sherry L.Brown demands judgment in her favor and against the Plaintiffs', Richard M. Beach and Linda Beach, together with costs of suit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: PJW—k�� __ ROB RT A. LERMAN, ESQ IRE PA# 07490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax Dated: `7 �� , 2013 rlermanggslsc.com 10 VERIFICATION I,Sherry L.Brown,hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief,as well as reports,records,conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact,I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions,I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. r Dated: l /'`3 By: SHERRY BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED t CERTIFICATE OF SERVICE I A day of ��+ 2013,I,Robert A. Lerman Esquire,a member AND NOW,this y q , of the firm of GRIFFITH, STRICKLER,LERMAN,SOLYMOS&CALKINS,hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Sherry L. Brown to Plaintiffs'Amended Complaint,by United States Mail,addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino &Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: RO ERT A. LERMAN, ESQUIRE PA# 07490 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax rlerman kaslsc.com FILED-OFFICE : OF THE PROTHONOTARY 1013 APR 16 AIN 10: 55 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A. Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlock(a_angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR A STATUS CONFERENCE AND NOW, come Plaintiffs Richard M. Beach and Linda Beach, by and through their counsel, Angino & Rovner, P.C., and respectfully request Your Honorable Court to schedule a Status Conference in the above-captioned action for the following reasons: 1. Plaintiffs Richard M. Beach and Linda Beach are husband and wife, adult individuals and who reside at 13019B Graceham Road, Thurmont, Maryland 21788. 521812 2. Defendant Sherry L. Brown is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 3605 Scotland Main Street, Chambersburg, Franklin County,Pennsylvania 17202. 3. On September 15, 2012, Plaintiff Richard M. Beach was operating a 1980 Suzuki Windjammer motorcycle north on Gilbert Road. 4. At that time and place, Defendant Sherry L. Brown was driving a 2000 Mercury Mystique east on Airport Road failed to properly stop for her stop sign, failed to yield, and entered into the intersection, directly into the path of Plaintiff Richard M. Beach and violently and without warning collided with Plaintiffs motorcycle. 5. As a direct and proximate result of the aforementioned accident, Plaintiff Richard M. Beach sustained painful and severe injuries which include but are not limited to a comminuted fracture of the right acetabulum requiring surgery, as well as shock to his nervous system. 6. By reason of the aforesaid injuries sustained by Plaintiff Richard M. Beach, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health. 7. The instant action was commenced by the filing of a Complaint on February 22, 2013. 8. The Complaint was served on Defendant Sherry L. Brown at her residence on March 7, 2013. 9. On March 15, 2013, Robert A. Lerman, Esquire, filed an Entry Of Appearance in Cumberland County as counsel on behalf of Defendant Sherry L. Brown. Thereafter, on or about 521812 March 28, 2013, Attorney Lerman transferred the file to his associate, Ann Margaret Grab for handling. 10. Both parties have exchanged Discovery. 11. Plaintiffs believe it is in all parties' interests to have the Court set a deadline for the completion of Discovery,pursuing settlement discussions, and to obtain a trial date. 12. Plaintiff is represented by Richard A. Sadlock Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 13. Defendant is represented by Ann Margaret Grab, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York, PA 17402, (717) 757-7602. 14. To date, counsel for Defendant has not responded to Plaintiffs' request for concurence with the instant motion. 15. No other Judge has ruled upon any other issue in the same or related matter on this case. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to schedule a Status Conference for the purposes of establishing discovery deadlines, pursuing settlement discussions, and to obtain a trial date. Respectfully submitted, ANG1N0 & ROVN A. Sadlock quire o. 4728 45 nt Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 521812 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' MOTION FOR A STATUS CONFERENCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 6 Michelle M. Milojevich Dated: 521812 0- THE PROTHONOTARY 2013 APR IS PM 58 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Sherry L. Brown certifies that: (1) A Notice of Intent to Serve the Subpoena with copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) Plaintiff s counsel has waived 20 days notice per the attached Waiver, and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. GRIFFITH, STRICKLER, LERMAN, S LYMOS & CAL BY Ann Margaret Grab, Esquire PA#55986 Attorney for the Defendant, Sherry L. Brown 110 South Northern Way J i I I n York, PA 17402 Date: � a 717-757-7602/717-757-3783 fax amgrabggslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Ann Margaret Grab, Esquire, counsel for Defendant, Sherry L. Brown, intends to serve a Subpoena identical to the one that is 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. GRIFFITH, STRICKLER,LERMAN, SOLYMOS &CALKINS BY: ROBE JAN, ESQUIRE PA# 07490 ANN MARGARET GRAB,ESQUIRE PA# 55986 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 Date: (717) 757-7602/(717) 757-3783 fax rlerman @gslsc.com/amgrab @gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Henry A. Boateng, M.D./Penn State Hershey Bone and Joint Institute (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: Any and all office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind pertaining to Richard M. Beach, date of birth: 5/6/49 at Griffith Strickler Lerman Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 (Address) 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Sherry L. Brown BY THE COURT: DATE: Seal of Court Prothonotary/Clerk, Civil Division i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW,this 2"d day of April,2013,1,Robert A.Lerman,Esquire,a member of the firm of GRIFFITH, STRICKLER,LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: 141,r, )'V k/d �, ,,t ✓�' Robert A. Lerman, esquire PA# 07490 Attorney for Defendant, Sherry L. Beach 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602/(717) 757-3783 fax rlerman @gslsc.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENA 1, Richard A. Sadlock, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of intuit to Seive Subpoena pursuant to 4009.22. I Further have no objection to tire. Defendant serving the Subpoena directed to Henry A.Boateng,M.D./Penn State Hershey Bone and Joint Instityte upon the filing of this Waiver. ANGINO &ROVNER, P.C. Dated: BY 70 R' to re 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791/(717) 238-5610 fax rsadlock @angino-rovner.com s • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11th day of April, 2013, I, Ann Margaret Grab, a member of the firm of GRIFFITH,STRICKLER,LERMAN,SOLYMOS&CALKINS,hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino.&Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 (Counsel for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: lam/ Ann Margaret Grab, ID PA#55986 Attorney for Defendant, Sherry L. Brown 110 S.Northern Way York, PA 17402 717-757-7602/717-757-3783 fax amgrab@gslsc.com FILED-Off 0t. F THE PROTHONOTARY HONOTAR 2013 AFR 24 AM I I. 45 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. No. 13-1018 Civil SHERRY L. BROWN Defendant JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW MATTER FROM ORAL ARGUMENT TO THE PROTHONOTARY: Please withdraw the Preliminary Objections which have been listed for oral argument for May 10, 2013. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Ann Margaret Grab, Esquire PA#55986 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax amgrab@gslsc.com Dated: V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD M. BEACH AND LINDA BEACH, CIVIL DIVISION Plaintiffs V. SHERRY L. BROWN No. 13-1018 Civil Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE t � AND NOW, this day of , 2013,I, Ann Margaret Grab, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe to Withdraw Matter from Oral Argument by United States Mail, addressed to the party or attorney of record as follows: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Ann Margaret Grab, Esquire PA#55986 Attorney for Defendant, Sherry L. Brown 110 South Northern Way York, PA 17402 717-757-7602/717-757-3783 fax amgrab @gslsc.com j ml/brown-prpto withdrawfromargument MAI RICHARD M. BEACH and LINDA BEACH, his wife, wo Nk?, "Itim. Plaintiffs V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT SHERRY L. BROWN, Defendant 2013-01018 CIVIL TERM IN RE: PLAINTIFFS' MOTION FOR A STATUS CONFERENCE ORDER OF COURT AND NOW, this 30th day of April-2013, upon consideration of Plaintiffs' Motion for a Status Conference, a status conference in the above-captioned case is scheduled on 30 May 2013, at 3:00 p.m., in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COU Thomas A. IPlacey, C.P.J. Distribution: .Richard Sadlock, Esq. ,(nn Margaret Grab, Esq. ry x3ft -71 CD- Cn -x' CF THt PROTHONOTARY 2011 MAY - I AM It: 30 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A. Sadlock Esquire Attorney ID# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlockp_angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW V. NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiffs Richard M. Beach and Linda Beach, his wife, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 21. Defendant's averment does not require a responsive pleading. Plaintiffs tr incorporates their Complaint herein by reference. 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,Plaintiffs' Complaint does state a claim upon which relief may be granted. 23. 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. 523398 By way of amplification, Plaintiffs' claims and the instant action were filed within the applicable statute of limitations. 24. 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, at all times relevant hereto, Defendant Sherry L. Brown acted carelessly, contrary to law, improperly, without caution, imprudently, and without due care. under the circumstances existing. 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 and carelessness 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 Richard M. Beach was in no way negligent or careless in the happening of the instant accident. All of Plaintiffs' injuries and damages were caused solely and directly as a result of the negligence and carelessness of the instant Defendant. Further, Plaintiff Richard M. Beach: (a) acted reasonably and vigilantly to observe the road and traffic conditions then and there existing; (b) operated his motorcycle at a safe speed for the highway conditions, weather conditions and/or geography'of highway and in no way created a hazard to himself or others on the highway; 523398 (c) operated his motor vehicle in a safe, prudent, cautious, and careful manner in view of the geography of the intersection; (d) operated his motor vehicle in a safe, prudent, cautious, and careful manner in view of the geography of the-intersection; (e) operated his motorcycle in a safe, prudent, cautious, and careful manner in view of the geography of the intersection in question, particularly in view of his familiarity with the intersection; (f) operated his motorcycle at a speed that was safe for existing conditions in conformity of 75 Pa.C.S.A. §3361; (g) operated his motorcycle at a speed that was safe for the conditions of the roadway as described in the Complaint in conformity with 75 Pa.C.S.A. §3361; (h) operated his motorcycle at a speed that was safe for the conditions with the given visibility and in conformity with 75 Pa.C.S.A. §3361; (i) operated his motorcycle at a speed that was safe for actual or potential hazards then existing in conformity with 75 Pa.C.S.A. §3361; 0) kept a proper lookout for other vehicles in the vicinity of the roadway upon which he was travelling; (k) exercised reasonable care in the operation and control of his motorcycle in conformity with 75 Pa.C.S.A. §3361; (1) was continuously alert to perceive any warning of danger that was reasonably likely to exist and has his motorcycle under such control that injury to himself or property could be avoided; 523398 (m) drove his motorcycle upon the roadway in a manner of due caution and safety with the utmost regard for his safety in conformity with the Motor Vehicle Code of the Commonwealth of Pennsylvania; (n) operated his motorcycle safely and carefully and in conformity with 75 Pa.C.S.A. §3714; (o) kept alert and maintained a proper lookout; (p) maintained proper control in the operation of his motorcycle and carefully, safely, and prudently operated his motorcycle at a speed within the posted speed limit in conformity with 75 Pa.C.S.A. §3362; and (q) upheld his duty of care as a motorist with a right-of-way at the intersection in question; 27. 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, at all times applicable hereto, Plaintiff took appropriate and careful evasive action in an effort to avoid the accident caused by Defendant's negligence and carelessness. 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, at all times applicable hereto, Plaintiff displayed an operable headlamp on his motorcycle and at all times had his headlamp activated in conformity with 75 Pa.C.S.A. §3526. 29. 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, at no time applicable hereto did Plaintiff utilize headphones or earphones and at all times Plaintiff was in conformity with 75 Pa.C.S.A. §3314. 523398 30. 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, at all times applicable hereto Plaintiff obeyed all traffic laws as required 75 Pa.C.S.A. §3521. 31. 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, at all times applicable hereto Plaintiff was properly trained in the operation of a motorcycle, 32. 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. Therefore, the Pennsylvania 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. 33. 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 Pennsylvania Motor Vehicle Financial Responsibility Law does not apply to the instant action as Plaintiff was operating a motorcycle at the time of the accident and because Plaintiff is a resident of the State of Maryland. Further, Plaintiff did, in fact, sustain serious injuries in the instant accident. 34. 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 required to make a tort option selection as he was operating a 523398 motorcycle and was a resident of the State of Maryland at the time of the accident. All of Plaintiffs' injuries and damages are recoverable in the instant action. 35. 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 Plaintiffs properly mitigated their damages. M. 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. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 37. 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 Richard M. Beach is still suffering from all the injuries he sustained in the instant action as a result of the Defendant's carelessness and negligence. 38. 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 were caused by the negligence and carelessness of the instant Defendant and are recoverable in the instant action. 39. 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 were caused by the negligence and carelessness of the instant Defendant and are recoverable in the instant action. 523398 40. 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. 41. 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, Defendant was negligent, and her negligence was a factual cause of the harm suffered by Plaintiffs. 42. 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. Therefore, the Pennsylvania 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. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in his favor against the Defendant. ANGINO & ROVNE Ri A. ock, Esquire I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rsadlock@angino-rovner.com Counsel for Plaintiff 523398 VERIFICATION I, RICHARD M. BEACH, do swear and affirm that the facts set forth in PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER are true and correct to the best of my knowledge, infor-nation and belief . I wldersta��c1 that this verification is made subject to the-penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. WITNES SC ARD M. BEACH Dated: ?, 203648 VERIFICATION I, LINDA BEACH, do swear and affirm that the facts set forth in PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER are true and correct to the best of my knowledge, information a i&,belief. :I understand that this verification is made subject-to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. WITNESS: LINDA BEACH Dated: 4,` ( L3 203648 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: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Michelle M. Milojevich Dated: U1�;®l 523398 CA1 a CUMBERLAND COUNTY ANGINO&ROVNER,P.C. Richard A.Sadlock Esquire Attorney ID#: 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlock a angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs CIVIL ACTION--LAW V, NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED O ER AND NOW, this ! day of 2013, it hereby Ordered and Decreed as follows: 1. Discovery in the above-captioned action shall be completed on or before July 30, 2013; 2. Plaintiffs' expert reports are due on or before August 15,2013; 3. Defendant's expert reports are due on or before September 15,2013; 4. The court administrator is directed to place this case on the October 7, 2013 civil trial list. BY THE RT: �-- 1 Han. Thomas k Placey 526427_ �RIBUTION squire 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 FAX(717)238-5610 rsadlock @angino-rovner.com Counsel for Plaintiffs ,in Margaret Grab,Esquire / Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 (717) 757-7602 FAX(717) 757-3783 rlerman@gslsc.com Attorney for Defendant Melissa H. Calvanelli — t 0"-� —ft Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 (25 P •e-s 6C 526427 r ' (pH en r f v r'j )ihutiu ii 2013 OCT -2 AN 11: 36 CUMBERLAND COUNTY PENNSYLVANIA ANGINO&ROVNER,P.C. Richard A.Sadlock Esquire Attorney 1ll# : 47281 4503 North Front Street Harrisburg,PA 17110-1708 Phone: (717)238-6791 Fax: (717)238-5610 E-mail: rsadlockri4angino-rovner.com RICHARD M. BEACH and IN THE COURT OF COMMON PLEAS LINDA BEACH, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION—LAW v. NO. 13-1018 Civil SHERRY L. BROWN, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. ANGINO & C. MIC 0:11117P P squire ..No. e 3 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 536597 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 PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Michelle M. Milojevich Dated: 10/1/13 536597