HomeMy WebLinkAbout05-0494IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA //~~ //
No.~s - <l9y lJrv~l~r~)
Civil Action -
JURY TRIAL DEMANDED
ROBERT BOHR NICOLE L. SITES, aka NICOLE CRAW FORD,
4119 FAWN DRIVE Versus PERSONAL REPRESENTATIVE OF THE
APARTMENT K ESTATE OF SHARON JOHNSON,
HARRISBURG, PENNSYLVANIA 17112 DECEASED
760 WALTON STREET
LEMOYNE, PENNSYLVANIA 17043
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action.
X Writ of Summons shall be issued and forwarded to (X) Attorney ( )Sheriff
ShollOenberae &JOanuzzBLRPER.ESO. j///////////
2225 Millennium Way ~g~atur of At ney
Enola. Pennsylvania 17025
{717) 728-3200 Supreme Court ID No. 34343
Date:
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION
AGAINST YOU.
Date: c,J ire ~~C)S'
( )Check here if reverse is issued for additional information
PROTHON. - 55
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NICOLE L. SITES, aka NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
On January 28, 2005, I, Timothy A. Shollenberger, Esquire, caused to be served
on Nicole Crawford, Personal Representative of the Estate of Sharon Johnson,
Deceased, a Writ of Summons in the above captioned matter.
A Praecipe for Writ of Summons was filed in Cumberland County on January 26,
2005. A copy of said Writ was returned to our office so that we may effectuate service
on Nicole Crawford, Personal Representative of the E~;tate of Sharon Johnson,
Deceased, pursuant to PA R.C.P. No. 402(b).
Nicole Crawford received the Writ at her home address, 760 Walton Street,
Lemoyne, Pennsylvania and signed an Acceptance of Service which is attached hereto.
I verify that the statements made in this Affidavit of Service are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. ~ 4904 relating to unsworn falsification to u o ' ' s.
Date: ~ .brUQrv (~ X0.5
Sworn to and subscribed before me this / 5t~ day of ~~~, 2005.
Nbtary Pu is
~~._.~... ~oTAwi~. s~ai
JENNIFER J. r~oua, easy r
Suequeha?:nt~ Ttr~., DatgNAn Count'
My Commission,Exphes July 152008„
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SHOLLENBERGER & JANUZZI, LLP
2225 Milennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728.3400
A H.. -___
Robert Bohr,
Plaintiff
Nicole L. Sites, aka Nicole Crawford,
Personal Representative of the Estate of
Sharon Johnson, Deceased
Defendant
IN THE COURT OF COMMON PLEAS
CUMEtERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
so.
i accept service of the Writ of Summons and certify that I am authorized to do
~),~
Date d
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Ni ole Cra ord ~
7 0 ~/alton Street
Lemoyne, Pennsylvania 17043
1820 LINGLESTOWN ROAULENBERGERBJANUZZI LLP
P3]OOOX 60545 •HARRISBURG,?A 1]106-0545
p1] 234- FAX (]1 ])234-8212
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ROBERT BOHR, IN THE COURT OF COMMON PLEASE Ol
Plaintiff CUMBERLAND COUNTY, PENNSYLVANI
V.
DOCKET NO.: OS-494
NICOLE L. SITES, A.KA NICOLE CIVIL ACTION-LAW
CRAWFORD, PERSONAL REPRESENTATIVE
OF SHARON JOHNSON, DECEASED, .
Defendants JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant,
Robert Bohr, in the above-captioned case.
Respectfully Submitted,
AGE, ESQUIRE
I.D. No. 78867
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
~.
",
BY:
STEPHEN J. BARCAV
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
ROBERT BOHR, IN THE COURT OF COMMON PLEASE O1
Plaintiff CUMBERLAND COUNTY, PENNSYLVANI
V.
DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE CIVIL ACTION-LAW
CRAWFORD, PERSONAL REPRESENTATIVE
OF SHARON JOHNSON, DECEASED,
Defendants JURY TRIAL DEMANDED
PRAECIPE FOR A RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Kindly issue a Rule directing Plaintiff to file a Complaint in the above-referenced matter
within twenty (20) days of service thereof or risk a judgment of non pros.
Respectfully Submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY
S'T~IIEN J. BARCAVAGE, ESQUIRE
LD. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, FA 17112
(717)651-3506
ROBERT BOHR, IN THE COURT OF COMMON PLEASE Ol
Plaintiff CUMBERLAND COUNTY, PENNSYLVANI
V.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD, PERSONAL REPRESENTATIVE
OF SHARON JOHNSON, DECEASED,
Defendants
DOCKET NO.: OS-494
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
RULE
AND NOW, this ~`~ day of , 2005, upon consideration of the
foregoing Praecipe, Plaintiffs are hereby ordered to file their Complaint within twenty (20) days
hereof or suffer judgment of non pros.
BY THE PROTHONOTARY:
~,. _
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMM~N PLEAS
CUMBERLAND COUNTY, P NNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NOTICE
You have been sued in court. If you wish to defend against the clai s 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 a orney and
filing in writing with the court your defenses or objections to the claims set orth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice fo any money
claimed in the complaint or for any other claim or relief requested by the pl intiff. 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 FO TH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABO T HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE M Y BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
IN THE COURT OF COMMOI
CUMBERLAND COUNTY, PE
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE
~ PLEAS
:NNSYLVANIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene veint (20) dias
de plazo al partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita o en persona o por ab gado y
archivar en la corte en forma escrita sus defensas o sus objeciones a las d mandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte to aro
medidas y puede entrar una Orden contra usted sin previo aviso o notofica aion y por
cualquier queja o alivio que es pedido en la peticion do demanda. usted p ede perder
dinero o sus propiededas o otros derechos importantes Para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICI A
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGU R
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
2
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMO~ PLEAS
CUMBERLAND COUNTY, P NNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Robert Bohr, by and through his
SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the fol
FACTS APPLICABLE TO ALL COUNTS
1. Plaintiff, Robert Bohr, is an adult individual who currently resides at 4119
Fawn Drive, Apartment K, Harrisburg, Dauphin County, Pennsylvania 1711
2. Defendant, Nicole L. Sites, a.k.a. Nicole Crawford, is the Personal
Representative of the Estate of Sharon Johnson, Deceased pursuant to levers of
administration granted by the Register of Wills of Dauphin County, Pennsylvania on
August 18, 2003.
3. The facts and circumstances hereinafter set forth took place c}n June 21,
2003 at or about 6:40 p.m. at the intersection of Lowther Street and Maple street,
Lemoyne, Cumberland County, Pennsylvania.
3
4. At the aforesaid time and place, Plaintiff, Robert Bohr, was a right front
passenger in a 1998 Pontiac Grand Prix being operated by Sharon Johnso in the
northbound lane of Maple Street, Lemoyne, Cumberland County, Pennsylv nia.
5. At the aforesaid time and place, Charley Sawyer was the operator a 1996
Ford Explorer which was traveling in the lefthand eastbound lane of Lowther Street,
Lemoyne, Cumberland County, Pennsylvania.
6. At the aforesaid time and place, Sharon Johnson pulled her v hicle out
onto Lowther Street, directly into the path of the 1996 Ford Explorer.
7. At the aforesaid time and place, the vehicle being operated b Charley
Sawyer struck the driver's side of the vehicle being operated by Sharon Jo nson,
causing Sharon Johnson's vehicle to go out of control, cross the westbound lanes of
Lowther Street and eventually come to rest in the median strip at the entrar{ce to I-83.
8.
As a result of the aforesaid collision, Plaintiff, Robert Bohr, had suffered
serious and permanent injuries, including but not limited to the following:
a. Closed head injury;
b. Left wrist injury with multiple abrasions;
c. Various contusions and abrasions;
d. Severe shock to nerves and nervous system;
e. Extreme mental anguish;
f. Post traumatic stress disorder/syndrome;
g. Concussion;
h. Severe strain/sprain of the muscles, tendons, ligament;
and other
4
soft tissues at or about the cervical spine;
i. Post traumatic depression;
j. Multiple rib contusions and/or fractures;
k. Right hip injury;
I. Severe strain/sprain of the muscles, tendons, ligam
soft tissues at or about the lumbar spine;
m. Right pulmonary embolus;
and other
n. Post traumatic anxiety; and
o. Post traumatic vertigo/disequilibrium.
9. The aforesaid collision was the direct and proximate result of he
negligence of Sharon Johnson in operating the 1998 Pontiac Grand Prix in careless,
reckless, and negligent manner as follows:
a. In failing to observe Charley Sawyer's vehicle on the hi hway;
b. In failing to operate her vehicle in accordance with exis ing traffic
conditions and traffic controls;
c.
d
e
f.
In failing to exercise a high degree of care required of motorist
entering an intersection;
In failing keep a reasonable look-out for other vehicles awfully on
the road;
In attempting to enter an intersection when such move ent could
not be safely accomplished;
In failing to yield the right-of-way to traffic already upon the
5
highway;
g. In failing to prudently proceed through the intersectior
as to
avoid creating a dangerous situation for other vehicles ,bn the
highway;
h. In failing to observe oncoming traffic;
i. In proceeding through an intersection when such
not be made in safety.
1~
k
m.
could
In failing to keep a proper look-out for approaching vehicles;
In failing to yield the right-of-way to oncoming traffic;
Failing to slowly pull forward from a stopped position to a point
where she had a clear view of approaching traffic after stopping at
a crosswalk or clearly marked stop line in violation of S ction 3323
(b) of The PA Motor Vehicle Code;
Failing to yield the right-of-way to another vehicle in th intersection
in a manner contrary to a preferential right-of-way stop sign placed
at the intersection or junction of roadways during the ti a that she
was moving her vehicle across or within the intersection or junction
of roadways in violation of Section 3323 (b) of The PA
Vehicle Code;
n. Failing to yield the right-of-way to another vehicle appr aching an
intersection on another roadway so close as to constitu e a hazard
during the time that she was moving her vehicle within the
6
intersection or junction of roadways in a manner
preferential right-of-way stop sign placed at that inters
violation of Section 3323 (b) of The PA Motor Vehicle
10. As a direct and proximate result of the aforesaid injuries, Plai
Bohr, has undergone and in the future will undergo great pain and suffering
damages are claimed.
ry to a
ction in
:ode.
stiff, Robert
for which
11. As a further result of the aforesaid injuries, Plaintiff, Robert B~hr, has
sustained a permanent diminution in his ability to enjoy life and life's pleasures for
which damages are claimed.
12. As a further result of this collision, Plaintiff, Robert Bohr, has ~nd/or may
incur reasonable and necessary medical and rehabilitative costs and expenses in
excess of the amounts paid or payable pursuant to Subchapter B of the Pe nsylvania
Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program,
group contract, or other arrangement for payment of benefits as defined in 5 Pa.
C.S.A. Section 1719.
13. As a further result of the aforesaid injuries, Plaintiff, Robert Bahr, has
incurred or may hereinafter incur financial expenses and losses which exce d sums
recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle
Financial Responsibility Law for which damages are claimed.
14. Plaintiff, Robert Bohr, was the named insured on a policy of insurance
issued to him by USAA bearing policy number 00303 51 17 7102 5 which sin effect
on the date of the above referenced collision. Plaintiff selected the full tort ption
7
regarding that policy. A copy of the declaration page of said policy is attacf~ed hereto
and incorporated herein by reference as Exhibit A. Therefore, Plaintiff, Ro~ert Bohr,
remains eligible to claim compensation for non economic loss and economic loss
sustained in this collision pursuant to applicable tort law.
WHEREFORE, Plaintiff, Robert Bohr, demands judgment against NiCOIe L. Sites,
a.k.a. Nicole Crawford, is the Personal Representative of the Estate of Sharon
Johnson, Deceased for compensatory damages in an amount in excess of ~he amount
requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI,
Attorneys fir Plaintiff _
By:
yyrS~crEfiy ~ Shdli"enbe~ger, Esq
attorney I.D. #34343
2555 Millennium Way
Enola, Pennsylvania 17025
(717) 728-3200
(717) 728-3400 (fax)
LP
8
PP,GE 9
,~ /~ UNITED SERVICES AUTOMOBILE ASSOCIATION r~DDL INS ON NEXT PAG MP.IL MCH-r~-I
L~ >~ RF~i~TF.jn1AT ^,F
1 ~m~lil (A RECIPROCAL INTERINSURANCE EXCHANGEI
® Slete C7 Yeh POLICY NUMBER
UShH
9800 Fredericksburg Road -San Antonio, Texas 78288 ~ J ~ ~~ i Terr 003 ~ 51 17U 7 "_ 02 5
PENI`1SYLV1?N'~IA ALTO ?GLICY POLICY PERIOD: (12:01 A.M. s ndard time)
RENE~~IAL DECLARATIONS EFFECTIVE JPN 21 2003 TO JU 21 2003
ATTACH TO PREVIOUS PCLICY` ~,
Named Insured and Address C1 ROBERT E ROHR ;
o ~ s HA~oN L JoHr1s ors
ROBERT E ROHR i
=`-119 F.~ DR APT K
HARRISBURG PA 17112-%814
Descri tion of Vehicle(sf EH USE ~ wONK/SCHDUL
YEH
YEAR
TRADE NAME
MODEL
EDDY TYPE
ANNUM
MILEAGE
IDENTIFICATION NUMBER
STM MpDlles
f~Yie D ~s
~elik
_-~ PONTIAC GPRL GT/G P S D D LG 6vP ~ F ~ VJ I
~~6 00 CHEV I~~ONTE CRLO S CPE 2D 7500 2G1ti4X12K0Y9145351 13 P
The Vehicle(sf described herein is principally garaged at the above address un less otherwise stated. wre•workr chool; B•BUSiness; F•Ferm; P-Pleasure
VEH i4 HARRISBURG PA 17112-2814
'v~H 16 HARRISBURG PA 17112-2814
This policy provides ONLY those coverages for which VEH VEH VEH VEH
a premium is shown below. 14 6-MONTH 16 6-P~10NTH
ERA E LIMI F LIABILI D=OED PREMIUM D=OED PREMIUM D=OED PRE IUM D=OED PREMIUM
("ACV" MEANS ACTUAL CASH VALUEI AMOUN S MDUN S MOON MOUN S
PART _A_ - LI ILL 'Y
BODILY I?~1JURY EA PER $ 100, 00 I
~A Acc Y 300,00 60.8 69.0
PROPERTY Dr~~itiGE E_A ACC $ 50, 00 ~
57.9 66.44
PART B - FIRST PARTY BENEFITS
P~IEDICAL EXPENSE $ 10, 000 ~
u~10RK LGSS ~ 5, 000/$1, 000 MO
F'JI~?ERAL EXPENSE $1, 500 12.45 18.7
PART C -UNINSURED T~10TORISTS
STACKED
BODILY IN~TiJRY EA PER Y i00, 00
EA ACC $ 300,00 16.60 16.6
PPRT C -UNDERINSURED :`40TORISTS
STACKED ~
BODILY INJURY ""a PER ~ 100, 00
EA ACC ~ 300,00 13.73 13.7
PART D - PHYSIC.~1L Dl~MAGE CO~,~RAGE
COMPREHENSIVE LOSS ACV LESS D100 16.04 1000 23.3
TOTAL PRE. iIL~I - SEE FO LO~n1I G PAG (S)
i
OSS PAYEE
H 14 M & T CREDIT CORP
BUFFALO NY
, I
~NDORSE'~NTS: ADDED 01-21-03 - NONE ~
II~IAIN IN EFFECT{REFER TO PREVIOUS POLICY)- A400CW(01) A089{04) 100PA(01)
INFORMATIGTv FORMS (NOT PART OF POLICY ~ -
' P.F~1ER 3 9PA { 01) 41 PA (21) OPA (02 )
200 03
260 02 5685 10` 663PA 01 999PA 14
~ E L U ~ C
In lA1l TIUCCC IAAJCDCfIC N... P..L....~:L-_-
- - --- - ' -"-"- - ~v v ~ v~~.vui~~ I'1JJIJNIM I IUI\ IIdVC I:AUJCU mere pr seniS i0 Oe SlgneO Dy
their Attorney-in-Fact on this date DECE1~T13ER 16, 2002
Rober G. Davi//t
5000 U ~ Attorn y-in-Fact
rAGE S
z.IC. UNITED SERVICES AUTOMOBILE ASSOCIATION
1 `~
(A RECIPRDCAL INTERIHSURANCE EXCHANGE)
Slele
i Yeh
POLICY NUMBER
us~® 980D Fredericksburg Road -San Antonio, Texas 78288 _ ~ Terr 00 03 51 1?U ?102 5
PE~?I`JSYI,`T~NL~, AJTO POLICY POLICY PERIOD: (12:01 A.M. tandard time)
RENEti~I~ OECLAR~-':TIONS EFFECTIVE JhN 21 2003 TO Ji L 2i 2003
(ATTACH TO PREVIOUS POLICY~~
Named Insured and Address
ROBERT E BOHR
4119 FP:/vN DR APT K
HARRISBURG FA 17112-2814
DBSCr1 tion of Vehicle(s ) YEH USE ~ wORKlSCHDOI
(les D
evs
DEI BODY TYPE L e pp
e
YEH YEAH TRADE MANE NO EAGE
NI IDENTIFICATIDN NUMBER SYN ~ We
k
~~ ~ POI~~ITTAC GPRIX GT G1P SED ' D G_WP ~~r~.. ~ V~' ~
i 6 00 CHEV MO:VTE CRT 0 S CPE 2D ?500 2G1WX12KOY9145351 13 P
The Vehicle(s) described herein iS principally garaged at the above address un less otherwise stated. wrC-wurkr s~hunl; B•Basine::; F•Ferm; P~Pleesure
`JEH 14 HARRISBURG PA 17112-2814
~~~'EH i6 HARRISBURG PA 17112-2814
This policy provides ONLY those coverages for which VEH VEH VEH VEH
a premium Is shown below. 14 6-MONTH 16 6-MONTH
V RA E LIMI F LIABILI D=DED PREMIUM D=DED PREMIUM D=DED PR MIUM D=DED PREMIUM
("ACV" MEANS ACTUAL CASH VALUE) AMOUN S OUN S MOON S MOUIV ~
PART D - Pi7Y S I ChL AI GE COti RGE
COLLISION LOSS ACV LESS D1000 ?0.82 1000 102.??
INCREFSED RENTAL REI~URS~IENT 12.50 12.5
TOWING AND LABOR 4.00 4.0
v ~ ~~. rJ _ ~ ~ ~ .
5 MOTITH PREMIUM $ 592.11
~ 89.34 INCLUDED IN PREMIUM FO VEH 16 AS ~~ RES T OF AC 1D ITT( ;.
FULL TORT APPLIES
THE LASS OF TrE COI~~L~IOI~~'EALTH OF ET~~TSY V"ANIA, AS E sACTED Y T
ONLY REQUIRE T AT Y
GENERAL, A.SSENBL" PURCI E ABILI 1 ~ AN
,
FIRST PARTY l~~DICA.L BENEFIT COVE TGES. ATE DITI NAL C ~RA S
OR COVERAGES IN EXCESS OF 'T'HE LI ITS QUIRE BY ARE ROVI E
ONLY AT YOUR REQUEST AS EI~~'H.ANCEI TS B_A.S I COTE AGES .
THE PREMIUM FOR THE I~ASIC CO~IERA_-E IS:
BI 15/30 S 88.52 li
PD 5000 $ 1 11.72 ~
FIRST PARTY NILDICAL BENEFIT 5000 $ 24.21
E ~ E u 1 _.. . 4
In WIINt55 WF1kFitUh, me JUDSCrIDerS ai UIVIItU JttiYll,tJ HUIUMUCILt H~JULIAlIU1Y nave I:auseo mere p eSenES Eu ue slynru uy
their Attorney-in-Fact on this date DECE'~'IBER 16, 2002 ~? .
Rober G. Davis
5000 U Attor ey-in-Fact
VERIFICATION
,~ ~2~- C~,~;; ~ ,hereby acknowledge that I am a I laintiff in this
1, .~
action and that I have read the Com saint
and that the facts stated herein are true and correct to the best of my k owledge,
information and belief.
l understand that any false statements herein are made subject t penalties of
18 Pa. C.S. Section 4904, relating to unswom falsification to authorities.
~2~,.~ ~~
Date: ~~:~''`~~`1 1 ~'~,.3
fftOLLARiAGM i JaMRZI, LLt
1120 LLNGL[S'tGwN RAAD • I.O. fOX fOSaS • M7~iIS1G1G. to 1710~•OSaS
(717) 23a-3700 • iT% :717) 22a•t:12
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMO~ PLEAS
CUMBERLAND COUNTY, P NNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this ~`" day of St,~ n ~ , 2005, I hereby certify that true and
correct copy of the foregoing Complaint has been served upon the followin ,Attorney
for Defendant, via U.S. Mail:
Stephen J. Barcavage, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
SHOLLENB R
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Date: 5
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ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE CNIL ACTION-LAW
CRAWFORD, PERSONAL
REPRESENTATNE OF THE ESTATE OF
SHARON JOHNSON, DECEASED, JURY TRIAL DEMANDED
Defendant
NOTICE TO PLEAD
TO: Robert Bohr, Plaintiff
c/o Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment maybe filed against you.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY
~'EPHEN J. BARCAVAGE, ESQUII2E
I.D. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
DATE: g I 1 D~6 ~ Attorneys for Defendant
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
DOCKET NO.: OS-494
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT,
NICOLE L. SITES, a/k/a NICOLE CRAWFORD,
PERSONAL REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON DECEASED TO PLAINTIFF'S COMPLAINT
NOW COMES Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, by and through her attorney, who files this response to Plaintiffs
Complaint and answers the Complaint as follows:
Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 1, and therefore, the same are denied with strict proof
thereof required at trial.
2. Admitted.
Admitted upon information and belief.
4. Denied. Defendant lacks knowledge sufficient to fonn a believe as to the truth of
the allegations contained in paragraph 4, and therefore, the same are denied with strict proof
thereof required at trial.
5. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in pazagraph 5, and therefore, the same are denied with strict proof
thereof required at trial.
6. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in pazagraph 6, and therefore, the same are denied with strict proof
thereof required at trial.
7. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in pazagraph 7, and therefore, the same are denied with strict proof
thereof required at trial.
8.(a - o). Denied. Pazagraph 8(a - o) is denied in that the same contains conclusions
of law to which no response is required, therefore, strict proof is required at trial. By way of
further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 8, and therefore, the same aze denied with strict proof thereof
required at trial.
9. (a-n) Denied. Pazagraph 9 (a-n) is denied in that the same contains conclusions of
law to which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in pazagraph 9, and therefore, the same are denied with strict proof thereof
required at trial.
10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 10, and therefore, the same are denied with strict proof thereof
required at trial.
11. Denied. Paragraph 11 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in pazagraph 11, and therefore, the same are denied with strict proof thereof
required at trial.
12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in pazagraph 12, and therefore, the same are denied with strict proof thereof
required at trial.
13. Denied. Paragraph 13 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 13, and therefore, the same are denied with strict proof thereof
required at trial.
14. Admitted in part; denied in part. It is admitted that Plaintiff carried afull-tort
policy of insurance with USAA that was in effect on the date of this accident. All remaining
allegations aze denied in that the same contains conclusions of law to which no response is
required, therefore, strict proof is required at trial.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
NEW MATTER
15. Defendant hereby incorporates by reference her answers to Pazagraphs 1-14 as if
fully set forth herein.
16. Plaintiffs claims are barred by the applicable statute of limitations.
17. Plaintiff has failed to state a cause of action upon which relief can be granted.
18. Plaintiffs claims aze barred and/or limited by all applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
19. No act or omission on the part of Defendant was a substantial or contributing
factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or
damages being expressly denied.
20. Any and all injuries and or damages as described in Plaintiffs Complaint, the
same being expressly denied, were caused in whole or in part by the acts or omissions on the part
of Plaintiff and/or others over whom Defendant had no control nor right of control.
21. Plaintiffs claims aze bared and/or limited by the doctrine of res judicata and/or
collateral estoppel.
22. Plaintiffs claims are derivative in nature and aze barred as a matter of law.
23. Defendant breached no duty of care owed to Plaintiff under the circumstances.
4
24. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative
Negligence Act.
25. Plaintiffs claims aze barred and/or limited by the applicable provisions of the
Pennsylvania Worker's Compensation Act.
26. At all times material hereto, Defendant acted in a safe, legal and non-negligent
manner.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Shazon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: _ _ ._
ST J. AVAGE, ESQUIRE
0. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
DATE: $ l I D (DS Attorneys for Defendant
VERIFICATION
Stephen J. Bazcavage, Esquire, Attorney for Defendant, verifies that the facts set forth in the Answer
with New Matter to Plaintiffs Complaint aze true to the best of his knowledge, information and belief. If the
above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
I ST N J. BARCAVAGE, ESQUIRE
DATE: g~lslus
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~ ~'~' day of August, 2005, I served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
SUSAN M. WILLIAMS
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAW FORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
AND NOW comes the Plaintiff, Robert Bohr, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, files his Reply to New Matter of
Defendant, Nicole L. Sites, a/k/a Nicole Crawford, Personal Representative of the
Estate of Sharon Johnson, Deceased (hereinafter "Defendant(s)"), and, in
support thereof, respectfully represents the following:
15. Paragraphs 1 through 14 of the Plaintiff's Complaint are
incorporated herein by reference as if set forth in full.
16. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
17. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
18. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
19. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
20. The above referenced averment is a coniclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
21. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
22. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
23. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is requin:d; same is denied
pursuant to Pa. R.C.P. 1029(e).
24. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
25. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
26. The above referenced averment is a conclusion of law to which no
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, the Plaintiff respectfully requests that the Defendant's New
Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of
law.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Timo oll r
Attorney for Plaintiff
Date: ~ la~}IOS
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-~~94
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
AND NOW, this a4+~ay of Q.u t , 2005, I hereby certify that I have
served a true and correct copy of the Plaintiffs Reply to New Matter by United
States mail, postage prepaid, addressed to:
Stephen Barcavage, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
By:
Timo A. ho len er r
PA I.D. #3434;3
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ROBERT BOHR, IIV THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE CIVIL ACTION-LAW
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED, JURY TRIAL DEMANDED
Defendant
PRAECIPE TO SUBSTITUTE VEffiFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification of Nicole Crawford, Personal Representative
of the Estate of Sharon Johnson, Deceased, in the above-captioned matter for that of the
undersigned to be attached to the Answer with New Matter to Plaintiffs Complaint filed in this
matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY
SHEN J. BARCAVAGE, ESQUIRE
I. No. 78867
4200 Crums Mill Road
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant
DATE: h~l~~o5
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing Answer with New
Matter to Plaintiffs Complaint are based upon information which has been furnished to counsel
by me and information which has been gathered by counsel in the preparation of the defense of
this lawsuit. The language of the Answer with New Matter to Plaintiffs Complaint is that of
counsel and not my own. I have read fne Answer with New Matter to Plaintiffs Complaint, and
to the extent that it is based upon information which I have given to counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon my
counsel in making this verification. The undersigned also understands that the statements therein
are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
BY: ~ ~ r° ~1 `~r,~.~-f~ l
COLE WFO
ersonal Representative of the Estate of
Sharon Johnson, Deceased
DATE:
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~ ~~h day of October, 2005, I served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
~~~~l~n-~17.4~
SUSAN M. WILLIAMS
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ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
DOCKET NO.: U5-494
CIVIL ACTION-LA W
JURY TRIAL DEMANDED
PETITION OF DEFENDANT. NICOLE L. SITES, A/K/A
NICOLE CRAWFORD, PERSONAL REPRESENTATIVE OF THE
ESTATE OF SHARON JOHNSON, DECEASED, FOR LEAVE OF COURT
TO JOIN CHARLEY MTCAAEL SAWYER AS ADDITIONAL DEFENDANT
AND NOW comes Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, (hereinafter "Defendant") by and through the undersigned counsel,
who files this Petition for Leave to Join Charley Michael Sawyer as an Additional Defendant,
and in support thereof avers as follows:
Plaintiff, Robert Bohr, filed a personal injury action in the in the Court of
Common Pleas of Cumberland County on or about June 9, 2005 against Defendant, Nicole L.
Sites, a/k/a Nicole Crawford, Personal Representative of the Estate of Sharon Johnson,
Deceased. (A true and correct copy of the Complaint is attached hereto and identified as Exhibit
<<A„~.
2. This action concerns an automobile accident that occurred on June 21, 2003
involving Plaintiff, Sharon Johnson (deceased) and Charley Michael Sawyer.
3. This accident occurred at the intersection of Lowther Street and Maple Street,
Lemoyne, Cumberland County, Pennsylvania and involves questionable liability.
4. Plaintiffs Complaint alleges personal injuries sustained by Robert Bohr, a
passenger in a motor vehicle operated by Sharon Johnson, deceased, as a result of the accident
which occurrod on June 21, 2003 in Cumberland County, Pennsylvania, wherein Plaintiff alleges
that Decedent, Sharon Johnson, pulled her vehicle out onto Lowther Street, directly into the path
of a 1996 Ford Explorer being driving by Charley Michael Sawyer.
Defendant filed an Answer with New Matter denying all allegations of liability
and raising in New Matter the defense that the accident was caused by other parties. (A true and
correct copy of Defendants Answer with New Matter is attached hereto and identified as Exhibit
«B„~
6. Pennsylvania Rule of Civil Procedure 2253 provides that neither a Praecipe for a
writ to join an Additional Defendant, nor a Complaint, shall be filed by an original Defendant
later than 60 days after the service of the initial pleadings unless such filing is allowed by the
Court upon cause shown.
Defendant now files this Petition for Leave to Join Additional Defendant, Charley
Michael Sawyer, currently not a party to this action, and states the following with respect to
demonstrating appropriate cause for this joinder:
(a) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to operate his vehicle
with due regard for the rights, safety, well-being and position of Plaintiff;
(b) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maneuver his vehicle
appropriately to avoid striking the vehicle operated by Sharon Johnson, deceased;
(c) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to have his vehicle under
proper and adequate control so as to avoid an accident and avoid striking the vehicle operated by
Sharon Johnson, deceased;
(d) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to keep an appropriate
lookout and obey the rules of the road, thereby causing a collision with the vehicle driven by
Sharon Johnson, deceased;
(e) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maintain proper
control of his vehicle;
(f) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently, carelessly and/or
recklessly applying the brakes and maneuvering his vehic]e so as to cause a collision with the
vehicle operated by Sharon Johnson, deceased, and;
(g) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently operating his vehicle
so as to lose control and cause the collision accident with the vehicle operated by Sharon
Johnson, deceased.
8. Due to the prior history of this case, Defendant avers that there has been no
prejudicial or undue delay caused by the current filing of the Joinder Complaint against the
proposed Additional Defendant, Charley Michael Sawyer. (A true and correct copy of the
Joinder Complaint is attached hereto and identified as Exhibit "C").
Defendant further avers that there is no prejudice suffered by the Plaintiff by
permitting this joinder, and the same is fair, equitable and in the best interest of all parties by
providing a forum which will appropriately apportion or distribute liability in accordance with
the facts and circumstances of this accident, thereby promoting a fair and equitable adjudication
of liability in this matter.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests that this Honorable Court grant her Petition for
Leave to ,loin Additional Defendant, Charley Michael Sawyer.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
~-~
DATE: 3~ ~~`I ~ Dl~ BY:
TEPHEN J. BARCAVAGE, ESQUIRE
'~ LD. No. 78867
4200 Crnms Mill Road, Suite B
Harrisburg, PA 17112
(717)651-3506
Attorneys for Defendant
Nicole Crawford, Personal Representative
of the Estate of Sharon Johnson, Deceased
4
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025 ~?
Telephone Number: (717) 728-3200 --„ ; ~
Fax Number: (717) 728-3400 r'
Attorneys for Plaintiff _ ~
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
IN THE COURT OF COMMC
CUMBERLAND COUNTY, P
NO. 05-494
c.,
r <
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
1
JUN 1 ~ ,,~1,~
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-494
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
'NOTICE
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) Bias
de plazo al partir de la fecha de la demands y la notification.
Usted debe presenter una apariencia escrita o en persona o por abogado y
archivar en la torte en forma escrita sus defenses o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, 1a torte tomaro
medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por
cualquier queja o alivio que es pedido en la petition do demands. usted puede perder
dinero o sus propiededas o otros derechos importantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
2
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Robert Bohr, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following:
FACTS APPLICABLE TO ALL COUNTS
1. Plaintiff, Robert Bohr, is an adult individual who currently resides at 4119
Fawn Drive, Apartment K, Harrisburg, Dauphin County, Pennsylvania 17112.
2. Defendant, Nicole L. Sites, a.k.a. Nicole Crawford, is the Personal
Representative of the Estate of Sharon Johnson, Deceased pursuant to letters of
administration granted by the Register of Wills of Dauphin County, Pennsylvania on
August 18, 2003.
3. The facts and circumstances hereinafter set forth took place on June 21,
2003 at or about 6:40 p.m. at the intersection of Lowther Street and Maple Street,
Lemoyne, Cumberland County, Pennsylvania.
3
4. At the aforesaid time and place, Plaintiff, Robert Bohr, was a right front
passenger in a 1998 Pontiac Grand Prix being operated by Sharon Johnson in the
northbound lane of Maple Street, Lemoyne, Cumberland County, Pennsylvania.
5. At the aforesaid time and place, Charley Sawyer was the operator a 1996
Ford Explorer which was traveling in the lefthand eastbound lane of Lowther Street,
Lemoyne, Cumberland County, Pennsylvania.
6. At the aforesaid time and place, Sharon Johnson pulled her vehicle out
onto Lowther Street, directly into the path of the 1996 Ford Explorer.
7. At the aforesaid time and place, the vehicle being operated by Charley
Sawyer struck the driver's side of the vehicle being operated by Sharon Johnson,
causing Sharon Johnson's vehicle to go out of control, cross the westbound lanes of
Lowther Street and eventually come to rest in the median strip at the entrance to I-83.
8. As a result of the aforesaid collision, Plaintiff, Robert Bohr, has suffered
serious and permanent injuries, including but not limited to the following:
a. Closed head injury;
b. Left wrist injury with multiple abrasions;
c. Various contusions and abrasions;
d. Severe shock to nerves and nervous system;
e. Extreme mental anguish;
f. Post traumatic stress disorder/syndrome;
g. Concussion;
h. Severe strain/sprain of the muscles, tendons, ligaments and other
4
soft tissues at or about the cervical spine;
i. Post traumatic depression;
j. Multiple rib contusions and/or fractures;
k. Right hip injury;
I. Severe strain sprain of the muscles, tendons, ligaments and other
soft tissues at or about the lumbar spine;
m. Right pulmonary embolus;
n. Post traumatic anxiety; and
o. Post traumatic vertigoldisequilibrium.
9. The aforesaid collision was the direct and proximate result of the
negligence of Sharon Johnson in operating the 1998 Pontiac Grand Prix in a careless,
reckless, and negligent manner as follows:
a. In failing to observe Charley Sawyer's vehicle on the highway;
b. In failing to operate her vehicle in accordance with existing traffic
conditions and traffic controls;
c. In failing to exercise a high degree of care required of a motorist
entering an intersection;
d. In failing keep a reasonable Took-out for other vehicles lawfully on
the road;
e. In attempting to enter an intersection when such movement could
not be safely accomplished;
f. In failing to yield the right-of-way to traffic already upon the
5
highway;
g. In failing to prudently proceed through the intersection so as to
avoid creating a dangerous situation for other vehicles on the
highway;
h. In failing to observe oncoming traffic;
i. In proceeding through an intersection when such movement could
not be made in safety.
j. In failing to keep a proper look-out for approaching vehicles;
k. In failing to yield the right-of-way to oncoming traffic;
I. Failing to slowly pull forward from a stopped position to a point
where she had a clear view of approaching traffic after stopping at
a crosswalk or clearly marked stop line in violation of Section 3323
(b) of The PA Motor Vehicle Code;
m. Failing to yield the right-of-way to another vehicle in the intersection
in a manner contrary to a preferential right-of-way stop sign placed
at the intersection or junction of roadways during the time that she
was moving her vehicle across or within the intersection or junction
of roadways in violation of Section 3323 (b) of The PA Motor
Vehicle Code;
n. Failing to yield the right-of-way to another vehicle approaching an
intersection on another roadway so close as to constitute a hazard
during the time that she was moving her vehicle within the
6
intersection or junction of roadways in a manner contrary to a
preferential right-of-way stop sign placed at that intersection in
violation of Section 3323 (b) of The PA Motor Vehicle Code.
10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Robert
Bohr, has undergone and in the future will undergo great pain and suffering for which
damages are claimed.
11. As a further result of the aforesaid injuries, Plaintiff, Robert Bohr, has
sustained a permanent diminution in his ability to enjoy life and life's pleasures for
which damages are claimed.
12. As a further result of this collision, Plaintiff, Robert Bohr, has and/or may
incur reasonable and necessary medical and rehabilitative costs and expenses in
excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania
Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program,
group contract, or other arrangement for payment of benefits as defined in 75 Pa.
C.S.A. Section 1719.
13. As a further result of the aforesaid injuries, Plaintiff, Robert Bohr, has
incurred or may hereinafter incur financial expenses and losses which exceed sums
recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle
Financial Responsibility Law for which damages are claimed.
14. Plaintiff, Robert Bohr, was the named insured on a policy of insurance
issued to him by USAA bearing policy number 00303 51 17 7102 5 which was in effect
on the date of the above referenced collision. Plaintiff selected the full tort option
7
regarding that policy. A copy of the declaration page of said policy is attached hereto
and incorporated herein by reference as Exhibit A. Therefore, Plaintiff, Robert Bohr,
remains eligible to claim compensation for non economic loss and economic loss
sustained in this collision pursuant to applicable tort law.
WHEREFORE, Plaintiff, Robert Bohr, demands judgment against Nicole L. Sites,
a.k.a. Nicole Crawford, is the Personal Representative of the Estate of Sharon
Johnson, Deceased for compensatory damages in an amount in excess of the amount
requiring compulsory arbitration.
By:
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys fQr Plaintiff
Attorney I.D. #34343
2555 Millennium Way
Enola, Pennsylvania 17025
(717) 728-3200
(717) 728-3400 (fax)
8
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' I-1~CL IN. ON ! " ~~GE rs~.il, Mc:~-ra-t
"i~~ UNITED SERVICES AUTOMOBI~~ ASSOCIATION RFr7Fln~„L CF
lA 0.ECIPflpCAI tNTFNINSURANCE E%CNANBEI Sbl. iy YJ Y.A POLICY NUMBER
V~~° 9800 Fredericksburg Road -San Antonio, Texas 78288 ~ 1 Ui T.u OG303 51 17Lt ~1G2 5
PErIt~'SYL`~'Al~'IA AUTO PGLiC1' POLICY PERIDD: (12:01 A. M. standard time}
RENEUTAL DECLARATIONS eeF ECTTVE ~raa n 2003 To Jug zi zoo3
ATTACH TO PREVIOUS POLICY! :, x
Named Insured and Address C1 ROBERT E BOHR
06 sHAROrs L JoHI~asor~
kOBERT' E BOHR
9119 F=,i-dig' DR APT K
HARRISBURG PA. 1'7112-2814
Des cri lion of Vehiclels } Ex usE • wuxvscxppF
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The Vehiclels) described herein is principally garaged at the above address unless otherwise stated. wr~.w,lus~n.m; B•Buv lo.lA: E•r.rm. P•Plsm.
VEH 19 HARRISBURG PA 17112-2814
OOH 16 HARRISBURG PA 17112-2814
This policy provides ONLY those coverages For which VEH
14 5-MONTH VEH
16 6-MONTH VEH VEH
a premwm Es shorn below.
1 I D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM
("ACV" MEANS ACTUAL GASH VALUE) AMOUN S MDUN S MDUN 5 MOON 5
BODI"LY Ii~1J13RY EA PER $ 100, 00
E.A ACC ~ 300,00 50.8 69.0
PROPERTY D~'~iAGE EA ACC ~ 50,00 57.9 66,99
PART B -FIRST PARTY BENEFITS
P~IEDICAL EXPENSE $ 1G, 000
WORK LOSS $ 5, OOII/$1, 000 I~iO
500
FU]VERAL EXPENSE $1 12.45 18.7
,
PART C -UNINSURED MOTORISTS
STACKED
BODILY IN~~iiRY EA PER S 100,00
EA ACC $ 300,00 16.60 16.6
PART C -UNDERINSURED MOTORISTS
STACKED
BODILY INJURY &A PER $ 100,00
EA ACC $ 300,00 13.73 13.7
PART D -PHYSICAL D~~GE COVEP.AGE
COMPREHENSIVE LOSS ACV LESS D100 16.09 1000 23.3
TOTAL PR IUM - SEE FO LOWI G PAG (S)
OSS PAYEE
H 14 M & T CREDIT CORP, BUFFALO NY
DORSEMENTS: T,DDED 01-21-03 - NONE
EM.AIN IN EFFECT (REFER TO PREVIOUS POLICY)- k4 dOCW(Ol) A089(04) 5100PA(Ol )
INFORMATION FORMS (NOT PART OF POLICY)- AAD3ER 39PA(Ol) 91PA(21) 60PA(02)
200 03 260 02 5685 10 653PA Ol 999PA 14
In WITNESS WHEREOF, the Subscribers at UN17ED SERVICES AU70MUBILE ASSUCIATIUN have caused these presents to ae signed oy
their Attorney-in-Fact on this date DECEMBER 16, 2002
a ~ ~~
""t•~'~~ ~s s
~e
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'
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~ Robert G. Davis
>
~n: ~
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~ , Attorney-in-Fact
5000 U , A.. I,i
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4 AECIPHDCAL INTENINSBRANCF FNCHAM6E1 Sleb 1 VeA POLICY NUMBER
US~n 9800 Fredericksburg Road -San Antonio, Texas 78288 . ml 00303 ~1 ~ 7U 7102
PEN,JSYLV.~I`dIA AUTO POLICY POLI CY PERIOD: ( 12:81 A.M. standard time)
RENEGQAL DEC~.RATIGNS EFescTfve ~~rv zl zao3 To Jut, n zoo3
'ATTACH TO PREVIOUS POL?C° ~
Named Insured and Address
ROBERT E BOHR
9119 FAN1I DR APT I<,
HARRISBURG PA 17112-2814
Des cri tion of Vehicle(s) Ex psF - wpAC~sc
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VEH 1'FAA TRADE NANf Npp[L BDDY TYPE AXNUAI
NIIf AGE IpENTIF ICATIpry NUNBEq SYN I
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POP. AC G .. G P S D D ~ G~ P 1 W
lE CC! CEE`:' I~IC:QTE CRLO S CPE %D ?50'J 2G1 UT~i2KGY9195351 13 P
The Veh icle ls) described herein is principally garaged at the above address unless otherwise stated. wiC•wurE~soenol, a-B~aAesv. F-c.cm; P•Pleesule
'.'EH 19 HARRISBURG PA 17112-2814
'v'EH i 6 HARRISBURG P_A 17ll2-2219
This policy provides ONLY those coverages for which VEH VEH YEH VEH
a premium is shown below. 19 6-MONTH 16 6-IKONTH
A LI F 11 D=DED PREMIUM D=OED PREMIUM D=DED PREMIUM D=DED PREMIUM
("ACV" MEANS ACTUAL CASH VALUE) AMOUN S OUN S MDUN s MOON 5
~+R D - HY D ~E E
COLLISIGN LOSS ACV LESS 1100 70.82 1600 102. I7
IPICREASED RENTAL RELV.3L7ZSED'IE'NT 12.5 12.5
TOWING AND IABGR 9.0 9:0
1. L _ 1 1° ']
6 MONTH PREMIUM $ 592.11
$ 8 9.34 INCLUDED IN PREI~IIU:~1 FO VFH i 6 .AS RES T OF 1 AC ! DEII`T ( ) .
FULL TORT APPLIES
THE LPJn1S OF THE COMMONin~EALTH OF ENN5 UANiP., AS ~U?CT'ED Y T
GENERAL, ASSII~iBLY, ONLI' REQUIRE T AT Y PURC E ABILI FN
FIRST PARTY MEDICAL BENEFIT COVE 'GES. W~ DITI NAL C 'ERA S
OR COVERrFGES IN EXCESS OF THE LI ITS QUIRE BY ARE ROVI ED
01`1L`i AT YOUR REQUEST AS EPdHANC TS BASI CO` GES.
TYE PREMIUM FOR THE BASIC COVERA E IS:
BI 15/30 $ 88.52
PD 5000 $ 1 11.72
FIRST PARTY MEDICAL BENEFIT 5000 $ 29.27
e
In WITNESS WHEREOF, the Subscribers at UNITED SERVICES AUTOMU8ILE ASSOCIATION nave caused these presents to be signed by
their Attorney-in-Fact on this date DECEI"IBER 16, 2002
Robert G. Davis
AttorneV-in-Fact
5000 U
7
VERIFICATION
I, 1C~r ~~r 1~~~~ ~"~ ,hereby acknowledge that I am a Plaintiff in this
action and that I have read the Complaint
and that the facts stated herein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date: ~f:~""I Z~'r'.3
XIIOLIJOX{XXGp a J.WUL7t• W
1120 LtNCLXSfVrM ROM ~ RO, qX tON7 • WIXI9LtG. IA to 10t -OSaS
Itlll 7]47100 • !AX :v171 71a ~a:17
i•
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
And now, this ~~'` day of Su n~, , 2005, I hereby certify that a true and
correct copy of the foregoing Complaint has been served upon the following, Attorney
for Defendant, via U.S. Mail:
Stephen J. Barcavage, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
SHE
By:
Date: ~p ~ ~ r~5 _
9
~~~ ~ ~~ ~
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE CNIL ACTION-LAW
CRAWFORD,PERSONAL
REPRESENTATNE OF THE ESTATE OF
SHARON JOHNSON, DECEASED, JURY TRIAL DEMANDED
Defendant
NOTICE TO PLEAD
TO: Robert Bohr, Plaintiff
c/o Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment maybe filed against you.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY
~PHEN J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
(717)651-3506
DATE: g t ~ ~~n ~ Attorneys for Defendant
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATNE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
DOCKET NO.: OS-494
CNIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT,
NICOLE L. SITES, alkla NICOLE CRAWFORD,
PERSONAL REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED, TO PLAINTIFF'S COMPLAINT
NOW COMES Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, by and through her attorney, who files this response to Plaintiffs
Complaint and answers the Complaint as follows:
1. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 1, and therefore, the same are denied with strict proof
thereof required at trial.
2. Admitted.
Admitted upon information and belief.
4. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 4, and therefore, the same are denied with strict proof
thereof required at trial.
5. Denied. Defendant lacks knowledge sufficient to Form a believe as to the truth of
the allegations contained in paragraph 5, and therefore, the same are denied with strict proof
thereof required at trial.
Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 6, and therefore, the same aze denied with strict proof
thereof required at trial.
Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 7, and therefore, the same aze denied with strict proof
thereof required at trial.
8.(a- o). Denied. Pazagraph 8(a - o) is denied in that the same contains conclusions
of law to which no response is required, therefore, strict proof is required at trial. By way of
further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 8, and therefore, the same are denied with strict proof thereof
required at trial.
9. (a-n) Denied. Paragraph 9 (a-n) is denied in that the same contains conclusions of
law to which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 9, and therefore, the same are denied with strict proof thereof
required at trial.
10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
2
allegations contained in paragraph 10, and therefore, the same are denied with strict proof thereof
required at trial.
11. Denied. Pazagraph 11 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 1 1, and therefore, the same are denied with strict proof thereof
required at trial.
12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 12, and therefore, the same are denied with strict proof thereof
required at trial.
13. Denied. Paragraph 13 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 13, and therefore, the same are denied with strict proof thereof
required at trial.
14. Admitted in part; denied in part. It is admitted that Plaintiff carried afull-tort
policy of insurance with USAA that was in effect on the date of this accident, All remaining
allegations are denied in that the same contains conclusions of law to which no response is
required, therefore, strict proof is required at trial.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
NEW MATTER
15. Defendant hereby incorporates by reference her answers to Paragraphs 1-14 as if
fully set forth herein.
16. Plaintiffs claims are barred by the applicable statute of ]imitations.
17. Plaintiff has failed to state a cause of action upon which relief can be granted.
18. Plaintiffs claims aze barred and/or limited by all applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
19. No act or omission on the part of Defendant was a substantial or contributing
factor in bringing about Plaintiffs alleged injuries and/or damages, all such injuries and/or
damages being expressly denied.
20. Any and all injuries and or damages as described in Plaintiffs Complaint, the
same being expressly denied, were caused in whole or in part by the acts or omissions on the part
of Plaintiff and/or others over whom Defendant had no control nor right of control.
21. Plaintiffs claims are barred and/or limited by the doctrine of res judicata and/or
collateral estoppel.
22. Plaintiffs claims are derivative in nature and aze barred as a matter of law.
23. Defendant breached no duty of care owed to Plaintiff under the circumstances.
4
24. Plaintiffs claims aze barred and/or limited by the Pennsylvania Comparative
Negligence Act.
25. Plaintiffs claims are barred and/or limited by the applicable provisions of the
Pennsylvania Worker's Compensation Act.
26. At all times material hereto, Defendant acted in a safe, legal and non-negligent
manner.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: _,~__
ST J. AVAGE, ESQUII2E
0. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) b51-3506
DATE: $ ~ 1 D ~ DS Attorneys for Defendant
VERIFICATION
Stephen J. Barcavage, Esquire, Attorney for Defendant, verifies that the facts set forth in the Answer
with New Matter to Plaintiffs Complaint are true to the best of his knowledge, information and belief. If the
above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
ST N J. BARCAVAGE, ESQUIRE
DATE: $~1~~D5"
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin,
do hereby certify that on this ~ ~' day of August, 2005, I served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & 7anuzzi, LLP
2225 Millenium Way
Enola, PA 17025
SUSAN M. WILLIAMS
~X~i ~ d~
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
DOCKET NO.: OS-494
CNIL ACTION-LA W
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
JURY TRIAL DEMANDED
NOTICE,
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
fallowing pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and a judgment maybe 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
HAV E A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717)249-3166
800-990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notification 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 reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importances para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO.: OS-494
NICOLE L. SITES, A.KA NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
CIVIL ACTION-LA W
JURY TRIAL DEMANDED
JOINDER COMPLAINT AGAINST ADDITIONAL
DEFENDANT, CHARLEY MICHAEL SAWYER
Additional Defendant, Charley Michael Sawyer, is an adult individual, who
currently resides at 314 Greenbriar Road, Elliottsburg, Pennsylvania.
2. Plaintiff, Robert Bohr, instituted this action by filing a Complaint in the Court of
Common Pleas of Cumberland County on or about June 9, 2005. (A true and correct copy of
Plaintiffs Complaint is attached hereto and identified as Exhibit `A").
3. Defendant, Nicole Crawford, Personal Representative of the Estate of Sharon
Johnson, Deceased, filed an Answer with New Matter denying any and all allegations of
negligence and/or liability in the Court of Common Pleas of Cumberland County. (A true and
correct copy of Defendant's Answer with New Matter is attached hereto and identified as
Exhibit'B").
4. Plaintiff's Complaint alleges personal injuries sustained by Robert Bohr, a
passenger in a motor vehicle operated by Sharon Johnson, deceased, as a result of a collision
which occurred on June 21, 2003 in Cumberland County, Pennsylvania.
Following the closure of pleadings in this case, additional theories of liability and
causation for Plaintiffs injuries have been discovered by moving Defendant, Nicole Crawford,
Personal Representative of the Estate of Sharon Johnson, Deceased.
COUNTI
NEGLIGENCE
Nicole Crawford. Personal Represeutative of the
Estate of Sharon Johnson Deceased v. Charle Michael Saw er
Paragraphs 1 through 5 above are incorporated herein by reference as though fully
set forth at length herein.
Additional Defendant, Charley Michael Sawyer, was operating a motor vehicle at
the time of the collision with the vehicle operated by Defendant, Sharon Johnson, deceased, on
June 21, 2003.
Plaintiff; Robert Bohr, alleges in his Complaint that Decedent, Sharon Johnson,
pulled her vehicle out anto Lowther Street, directly into the path of a 1996 Ford Explorer being
driving by Charley Michael Sawyer.
9. Additional Defendant, Charley Michael Sawyer, owed a duty to Plaintiff, Robert
Bohr, to operate his vehicle in a safe and non-negligent manner, so as to avoid collision and
causing injury.
10. All losses, injuries and/or resulting damages sustained by the Plaintiff, the same
being expressly denied on behalf of Defendant, as described by the Plaintiff in his Complaint,
were caused by the carelessness and/or negligence of Additional Defendant, Charley Michael
Sawyer, as follows:
(a) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to operate his vehicle
with due regard for the rights, safety, well-being and position of Plaintiff;
(b) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maneuver his vehicle
appropriately to avoid striking the vehicle operated by Sharon Johnson, deceased;
(c) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to have his vehicle under
proper and adequate control so as to avoid an accident and avoid striking the vehicle operated by
Sharon Johnson, deceased;
(d) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to keep an appropriate
lookout and obey the rules of the road, thereby causing a collision with the vehicle driven by
Sharon Johnson, deceased,;
(e) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maintain proper
control of his vehicle;
(f) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently, carelessly and/or
recklessly applying the brakes and maneuvering his vehicle so as to cause a collision with the
vehicle operated by Sharon Johnson, deceased, and;
(g) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently operating his vehicle
so as to lose control and cause the collision accident with the vehicle operated by Sharon
Johnson, deceased.
11. Additional Defendant, Charley Michael Sawyer, is solely, exclusively, and/or
contributorily responsible for any alleged damages, the same being expressly denied as set forth
in Plaintiff s Complaint and no act or failure on behalf of Defendant, Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, caused or contributed to the
occurrence of any damage or event alleged in Plaintiff's Complaint.
12. This Joinder Complaint is filed to protect DefendanPs rights to contribution in the
event it is judicially determined that Defendant, Nicole Crawford, Personal Representative of the
Estate of Sharon Johnson, Deceased, is jointly and/or severally liable to Plaintiff, the existence of
any liability on the part of Defendant hereby being expressly denied.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, demandsjudgment in her favor and against the Plaintiff or in the
alternative, demand that Additional Defendant, Charley Michael Sawyer, be found solely liable
4
to the Plaintiff, or jointly and severally liable with Defendant, and liable over to Defendant for
contribution and/or indemnity.
DATE:
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
STEPHEN J. BARCAVAGE, ESQUIRE
t.D. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717)651-3506
Attorneys for Defendant
Nicole Crawford, Personal Representative
of the Estate of Sharon Johnson, Deceased
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~ day of March, 2006, I served a copy of the Petition of
Defendant for Leave of Court to Join Charley Michael Sawyer as Additional Defendant via
First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
Charley M. Sawyer
314 Greenbrier Road
Elliottsburg, PA 17024
(via certified mail)
-~~kLLt ~'l . 12 J ~.u.li~;12t
SUSAN M. WILLIAMS
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ROBERT BOHR,
Plaintiff
vs.
NICOLE L. SITES, a/k/a NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE
ESTATE OF SHARON JOHNSON,
DECEASED,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. OS-494 CIVIL
JURY TRIAL DEMANDED
IN RE: PETITION OF DEFENDANT TO JOIN CHARLEY MICHAEL SAWYER
AS AN ADDITIONAL DEFENDANT
ORDER
AND NOW, this ZY day of March, 2006, a rule is issued on the plaintiff to show
cause why the relief requested in the within petition ought not to be granted. This rule returnable
twenty 20) days after service.
BY THE COURT,
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ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
DOCKET NO.: OS-494
CNIL ACTION-LAW
JURY TRIAL DEMANDED
MOTION TO MAKE RULE ABSOLUTE
AND NOW, this 28th day of June, 2006, Defendant, Nichole L. Sites, a/k/a Nicole
Crawford, Personal Representative of the Estate of Sharon Johnson, Deceased, by and through
her attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, hereby moves this Honorable
Court to enter and Order making the Rule Absolute. In support of this Motion, Defendant avers
as follows:
1. On or about March 25, 2006, a copy of the Petition of Defendant, Nichole L. Sites,
a/k/a Nichole Crawford, Personal Representative of the Estate of Sharon Johnson, Deceased, for
Leave of Court to Join Charley Michael Sawyer as Additional Defendant, was served on Charley
Sawyer.
2. The Petition requested this Honorable Court enter an Order granting Defendant's
request to file and serve a Joinder Complaint against Additional Defendant, Charley Michael
Sawyer.
3. On March 24, 2006, Judge Kevin A. Hess issued a Rule upon Plaintiff to show cause
why the relief requested by Defendant in her Petition ought not to be granted. The Rule was
returnable within twenty (20) days. (Attached hereto as Exhibit "A".)
f
4. Plaintiff has not responded to the Court's Rule and has not objected to Defendant's
Petition to Join Charley Michael Sawyer as an Additional Defendant.
WHEREFORE, Defendant, Nichole L. Sites, a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, respectfully requests that this
Honorable Court enter an Order granting Defendant's Petition to File and Serve the Joinder
Complaint against Additional Defendant, Charley Michael Sawyer.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: BY: .
S J. BARCAVAGE, ESQUIRE
.I~:- 0.78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant, Nichole L. Sites,
a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon
Johnson, Deceased
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ROBERT BOHR,
Plaintiff
vs.
NICOLE L. SITES, a/lc/a NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF SHARON JOHNSON,
DECEASED,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. OS-494 CIVIL
JURY TRIAL DEMANDED
IN RE: PETITION OF DEFENDANT TO JOIN CHARLEY MICHAEL SAWYER
AS AN ADDITIONAL DEFENDANT
ORDER
AND NOW, this ZY ~ day of March, 2006, a rule is issued on the plaintiff to show
cause why the relief requested in the within petition ought not to be granted. This rule returnable
twenty (20) days after service.
BY THE COURT,
. /~ /.~„
Ke 'n A. Hess, J.
In Testi~•nony wE;_,r~~::-`,' h::-L, :.:^~~~ ;.v't my hand
an a seal oJf sai o s-t a riis0e, Pa.
T ........°~...J. day f........ .. .
Pr thonotary
ROBERT BOHR,
v.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Tammy K. Copenhaver, an employee of Marshall, Dennehey, Warner, Coleman &
Goggin, do hereby certify that on this,~~~day of June, 2006, I served a copy of the Motion to
Make Rule Absolute, via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
(Counsel for Plaintiff)
Charley M. Sawyer
314 Greenbriar Road
Elliottsburg, PA 17024
\OS_A\L1AB \SJB ARCA V AGE\LLPG\225097\TKCOPENHA V ER\2123 7\00229
TAMMY K. OPENH ER
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ROBERT BOHR,
v.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD,PERSONAL
REPRESENTATNE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
DOCKET NO.: OS-494
CNIL ACTION-LAW
JURY TRIAL DEMANDED
PROPOSED ORDER
AND NOW, this 3~ day of n,.~ , 2006, upon consideration
of Defendant's Motion to Make Rule Absolute, said Motion is GRANTED, and Defendant may
file and serve the Joinder Complaint against Additional Defendant, Charley Michael Sawyer.
BY THE COURT:
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ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
DOCKET NO.: OS-494
CIVIL ACTION-LAW
v.
CHARLEY MICHAEL SAWYER, .
Additional Defendant JURY TRIAL DEMANDED
JOINDER COMPLAINT AGAINST ADDITIONAL
DEFENDANT, CHARLEY MICHAEL SAWYER
1. Additional Defendant, Charley Michael Sawyer, is an adult individual, who
currently resides at 314 Greenbriar Road, Elliottsburg, Pennsylvania.
2. Plaintiff, Robert Bohr, instituted this action by filing a Complaint in the Court of
Common Pleas of Cumberland County on or about June 9, 2005. (A true and correct copy of
Plaintiffls Complaint is attached hereto and identified as Exhibit "A").
3. Defendant, Nicole Crawford, Personal Representative of the Estate of Sharon
Johnson, Deceased, filed an Answer with New Matter denying any and all allegations of
negligence and/or liability in the Court of Common Pleas of Cumberland County. (A true and
correct copy of Defendant's Answer with New Matter is attached hereto and identified as
Exhibit "B").
4. Plaintiff s Complaint alleges personal injuries sustained by Robert Bohr, a
passenger in a motor vehicle operated by Sharon Johnson, deceased, as a result of a collision
which occurred on June 21, 2003 in Cumberland County, Pennsylvania.
5. Following the closure of pleadings in this case, additional theories of liability and
causation for Plaintiff's injuries have been discovered by moving Defendant, Nicole Crawford,
Personal Representative of the Estate of Sharon Johnson, Deceased.
COUNTI
NEGLIGENCE
Nicole Crawford. Personal Representative of the
Estate. of Sharon Johnson. Deceased v Charley Michael Sawver
6. Paragraphs 1 through 5 above are incorporated herein by reference as though fully
set forth at length herein.
7. Additional Defendant, Charley Michael Sawyer, was operating a motor vehicle at
the time of the collision with the vehicle operated by Defendant, Sharon Johnson, deceased, on
June 21, 2003.
8. Plaintiff, Robert Bohr, alleges in his Complaint that Decedent, Sharon Johnson,
pulled her vehicle out onto Lowther Street, directly into the path of a 1996 Ford Explorer being
driving by Charley Michael Sawyer.
9. Additional Defendant, Charley Michael Sawyer, owed a duty to Plaintiff, Robert
Bohr, to operate his vehicle in a safe and non-negligent manner, so as to avoid collision and
causing injury.
2
10. All losses, injuries and/or resulting damages sustained by the Plaintiff, the same
being expressly denied on behalf of Defendant, as described by the Plaintiff in his Complaint,
were caused by the carelessness and/or negligence of Additional Defendant, Charley Michael
Sawyer, as follows:
(a) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to operate his vehicle
with due regard for the rights, safety, well-being and position of Plaintiff;
(b) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maneuver his vehicle
appropriately to avoid striking the vehicle operated by Sharon Johnson, deceased;
(c) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to have his vehicle under
proper and adequate control so as to avoid an accident and avoid striking the vehicle operated by
Sharon Johnson, deceased;
(d) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to keep an appropriate
lookout and obey the rules of the road, thereby causing a collision with the vehicle driven by
Sharon Johnson, deceased,;
(e) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by failing to maintain proper
control of his vehicle;
3
(f) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently, carelessly and/or
recklessly applying the brakes and maneuvering his vehicle so as to cause a collision with the
vehicle operated by Sharon Johnson, deceased, and;
(g) Through investigation, it has become apparent that Charley Michael Sawyer
contributed to or caused the subject accident of this litigation by negligently operating his vehicle
so as to lose control and cause the collision accident with the vehicle operated by Sharon
Johnson, deceased.
11. Additional Defendant, Charley Michael Sawyer, is solely, exclusively, and/or
contributorily responsible for any alleged damages, the same being expressly denied as set forth
in Plaintiffls Complaint and no act or failure on behalf of Defendant, Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, caused or contributed to the
occurrence of any damage or event alleged in Plaintiff's Complaint.
12. This Joinder Complaint is filed to protect Defendant's rights to contribution in the
event it is judicially determined that Defendant, Nicole Crawford, Personal Representative of the
Estate of Sharon Johnson, Deceased, is jointly and/or severally liable to Plaintiff, the existence of
any liability on the part of Defendant hereby being expressly denied.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, demands judgment in her favor and against the Plaintiff or in the
alternative, demand that Additional Defendant, Charley Michael Sawyer, be found solely liable
4
to the Plaintiff, or jointly and severally liable with Defendant, and liable over to Defendant for
contribution and/or indemnity.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: By;
EPHEN J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant
Nicole Crawford, Personal Representative
of the Estate of Sharon Johnson, Deceased
5
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing Joinder Complaint
Against Additional Defendant, Charley Michael Sawyer, is based upon information which has
been furnished to counsel by me and information which has been gathered by counsel in the
preparation of the defense of this lawsuit. The language of the Joinder Complaint is that of
counsel and not my own. I have read the Joinder Complaint, and to the extent that it is based
upon information which I have given to counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the contents of the Joinder Complaint are
that of counsel, I have relied upon my counsel in making this verification. The undersigned also
understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
BY:
I OLE CRA ORD
Personal Representative of the Estate
of Sharon Johnson, Deceased
DATE:
~xhibi~
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
NOTICE
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias
de plazo al partir de la fecha de la demands y la notificacion.
Usted debe presentar una apariencia escrita o en persona o por abogado y
archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro
medidas y puede entrar una Orden contra usted sin previo aviso o notoficacaion y por
cualquier queja o alivio que es pedido en la peticion do demands. usted puede perder
dinero o sus propiededas o otros derechos importantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLSLE, PA 17013
800-990-9108
2
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Robert Bohr, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following:
FACTS APPLICABLE TO ALL COUNTS
1. Plaintiff, Robert Bohr, is an adult individual who currently resides at 4119
Fawn Drive, Apartment K, Harrisburg, Dauphin County, Pennsylvania 17112.
2. Defendant, Nicole L. Sites, a.k.a. Nicole Crawford, is the Personal
Representative of the Estate of Sharon Johnson, Deceased pursuant to letters of
administration granted by the Register of Wills of Dauphin County, Pennsylvania on
August 18, 2003.
3. The facts and circumstances hereinafter set forth took place on June 21,
2003 at or about 6:40 p.m. at the intersection of Lowther Street and Maple Street,
Lemoyne, Cumberland County, Pennsylvania.
3
4. At the aforesaid time and place, Plaintiff, Robert Bohr, was a right front
passenger in a 1998 Pontiac Grand Prix being operated by Sharon Johnson in the
northbound lane of Maple Street, Lemoyne, Cumberland County, Pennsylvania.
5. At the aforesaid time and place, Charley Sawyer was the operator a 1996
Ford Explorer which was traveling in the lefthand eastbound lane of Lowther Street,
Lemoyne, Cumberland County, Pennsylvania.
6. At the aforesaid time and place, Sharon Johnson pulled her vehicle out
onto Lowther Street, directly into the path of the 1996 Ford Explorer.
7. At the aforesaid time and place, the vehicle being operated by Charley
Sawyer struck the driver's side of the vehicle being operated by Sharon Johnson,
causing Sharon Johnson's vehicle to go out of control, cross the westbound lanes of
Lowther Street and eventually come to rest in the median strip at the entrance to I-83.
8. As a result of the aforesaid collision, Plaintiff, Robert Bohr, has suffered
serious and permanent injuries, including but not limited to the following:
a. Closed head injury;
b. Left wrist injury with multiple abrasions;
c. Various contusions and abrasions;
d. Severe shock to nerves and nervous system;
e. Extreme mental anguish;
f. Post traumatic stress disorder/syndrome;
g. Concussion;
h. Severe strain/sprain of the muscles, tendons, ligaments and other
4
soft tissues at or about the cervical spine;
i. Post traumatic depression;
j. Multiple rib contusions and/or fractures;
k. Right hip injury;
I. Severe strain/sprain of the muscles, tendons, ligaments and other
soft tissues at or about the lumbar spine;
m. Right pulmonary embolus;
n. Post traumatic anxiety; and
o. Post traumatic vertigo/disequilibrium.
9. The aforesaid collision was the direct and proximate result of the
negligence of Sharon Johnson in operating the 1998 Pontiac Grand Prix in a careless,
reckless, and negligent manner as follows:
a. In failing to observe Charley Sawyer's vehicle on the highway;
b. In failing to operate her vehicle in accordance with existing traffic
conditions and traffic controls;
c. In failing to exercise a high degree of care required of a motorist
entering an intersection;
d. In failing keep a reasonable look-out for other vehicles lawfully on
the road;
e. In attempting to enter an intersection when such movement could
not be safely accomplished;
f. In failing to yield the right-of-way to traffic already upon the
5
highway;
g. In failing to prudently proceed through the intersection so as to
avoid creating a dangerous situation for other vehicles on the
highway;
h. In failing to observe oncoming traffic;
i. In proceeding through an intersection when such movement could
not be made in safety.
j. In failing to keep a proper look-out for approaching vehicles;
k. In failing to yield the right-of-way to oncoming traffic;
I. Failing to slowly pull forward from a stopped position to a point
where she had a clear view of approaching traffic after stopping at
a crosswalk or clearly marked stop line in violation of Section 3323
(b) of The PA Motor Vehicle Code;
m. Failing to yield the right-of-way to another vehicle in the intersection
in a manner contrary to a preferential right-of-way stop sign placed
at the intersection or junction of roadways during the time that she
was moving her vehicle across or within the intersection or junction
of roadways in violation of Section 3323 (b) of The PA Motor
Vehicle Code;
n. Failing to yield the right-of-way to another vehicle approaching an
intersection on another roadway so close as to constitute a hazard
during the time that she was moving her vehicle within the
6
intersection or junction of roadways in a manner contrary to a
preferential right-of-way stop sign placed at that intersection in
violation of Section 3323 (b) of The PA Motor Vehicle Code.
10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Robert
Bohr, has undergone and in the future will undergo great pain and suffering for which
damages are claimed.
11. As a further result of the aforesaid injuries, Plaintiff, Robert Bohr, has
sustained a permanent diminution in his ability to enjoy life and life's pleasures for
which damages are claimed.
12. As a further result of this collision, Plaintiff, Robert Bohr, has and/or may
incur reasonable and necessary medical and rehabilitative costs and expenses in
excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania
Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program,
group contract, or other arrangement for payment of benefits as defined in 75 Pa.
C.S.A. Section 1719.
13. As a further result of the aforesaid injuries, Plaintiff, Robert Bohr, has
incurred or may hereinafter incur financial expenses and losses which exceed sums
recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle
Financial Responsibility Law for which damages are claimed.
14. Plaintiff, Robert Bohr, was the named insured on a policy of insurance
issued to him by USAA bearing policy number 00303 51 17 7102 5 which was in effect
on the date of the above referenced collision. Plaintiff selected the full tort option
7
regarding that policy. A copy of the declaration page of said policy is attached hereto
and incorporated herein by reference as Exhibit A. Therefore, Plaintiff, Robert Bohr,
remains eligible to claim compensation for non economic loss and economic toss
sustained in this collision pursuant to applicable tort law.
WHEREFORE, Plaintiff, Robert Bohr, demands judgment against Nicole L. Sites,
a.k.a. Nicole Crawford, is the Personal Representative of the Estate of Sharon
Johnson, Deceased for compensatory damages in an amount in excess of the amount
requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys fir Plaintiff
By:
Attorney I.D. #34343
2555 Millennium Way
Enola, Pennsylvania 17025
(717) 728-3200
(717) 728-3400 (fax)
8
' UNITED SERVICES AUTOMOgr~_' ASSOCIATION
IA RECIPflOCAI INTEflINSURANCE EXCNAN6E1
U5~° 9800 Fredericksburg Road -San Antonio, Texas 78288
PENNSYL`IANIA AUTO PGLICY
RENEWr~L DECLARATIONS
ATTACH TO PREVIOUS POLICY'
Named Insured and Address
ROBERT E BOHR
4119 FAWN DR A.PT K
HARRISBURG PA 17112-2814
Descri tion of Vehicleis)
YEN YEAR TRADE NAME NODEI BDDY iTPE
_ _ G
16 00 CHEV MONTE CRLO S CPE 2D
D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED I PREMIUM
~MOUN S MOUN S MOUN S_ MOUNlt S
:H USE 1yW,URK/SCHDUI
sYN $.n~ I ~r~
13 IP
The Yehiclels- described herein is principally garaged at the above address unless otherwise stated. w/I:-worE/s~nool; B-Business; f-Fun; P•Pleesure
VEH 19 HARRISBURG PA 17112-2814
VEH 16 HARRISBURG PA 17112-2814
This policy provides ONLY those coverages for which VEH VEH VEH VEH
a premium is shown below. 14 6-MONTH 16 6-MONTH
MEANS ACTUAL CASH VALUE
-ran 1 y- L 1Ht51 L i l y
BODILY INJURY EA PER $ 100,00
~A ACC 300, 00
PROPERTY DAMAGE EA ACC 50,00
?ART B -FIRST PARTY BENEFITS
MEDICAL EXPENSE $ 10, 000
WORK LOSS $ 5, 000/$1, 000 MO
FUNERAL EXPENSE $1,500
'ART C -UNINSURED MOTORISTS
STACKED
BODILY INJURY EA PER $ 100,001
EA ACC $ 300, 001
?ART C -UNDERINSURED MOTORISTS
STACKED
BODILY INJURY E.A PER ~ 100, 00(
EA ACC ~ 300, 00(
ART D -PHYSICAL DAMAGE CO`JERAGE
COMPREHENSIVE LOSS ACV LESS
TOTAL
PAGE 4
I~:DDL INS ON I ~T PAGE MA,It, Ncx-r~-1
sl.le 14 1 t~ Yen POLICY NUMBER
J , flrr 00303 51 17U 7 "_ 02 .5
POLICY PERIOD: (12:01 A. M. standard time)
EFFECTIVE JP.N 21 2003 TO JUL 21 2003
C1 ROBERT E BOHR
06 SHARON L JOHNS01`1
IDENTIFICATION NUMBER
7500 2G1WX12KGY9145351
60.8 69.0E
57.9 66.44
12.45 ~ 18.7
16.601 I 16.
13.73 13.7
100 16.04 1000 23.3
UM -SEE FO LOWT C; PA(;
PAYEE
14 M & T CREDIT CORP, BUFFALO NY
(S)
DORSEMENTS: ADDED 01-21-03 - NONE
MAIN IN EFFECT (REFER TO PREV"IOUs POLICY)- A400CW(O1) A089(04} 5100PA(01)
FORMrATION FORI~IS(NOT PART OF POLICY}- AANER 39PA(01) 41PA(21) 60PA(02)
200(03) 260(02} 5685(10) 663PA(O1) 999PA(14)
m vrE E PiitJS VYFiEREpF, the Subscribers at UNITED SERVICES AUTOi
their Attorney-in-Fact on this date DECEMBER 16, 2002
5000 U
A55UGIATION have caused these presents to be sig
~'' ~ ~~
a.
~`~ ~` ~~" ~} Robert G. Davis
< i ~,,~a r Attorney-in-Fact
Y
• ~ UNITED SERVICES AUTOMO`E...c ASSOCIATION
fA RECIPRDCAI INTENIMSURANCE EXCHANFEI
US14A° 9800 Fredericksburg Road -San Antonio, Texas 78288
PENNSYLVANIA AUTO POLICY
RENEWAL DECLT-ORATIONS
rATTACH TO PREVIOUS POLICY'
Named Insured and Address
RGBERT E BOHR
9119 FAWN DR APT K
HARRISBURG PA 17112-2814
Descri tion of Vehicle(s)
VEH TEAR TRADE MANE NODEI BOOT TYPE
` G ~ ~
16 00 CHE`F' MONTE CRLG S CPE 2D
rAGE 5
auu 1 Y L v ven POLICY NUMBER
Te« 00303 51 17U 7102 5
POLICY PERIOD: 112:01 A.M. standard time)
EFFECTIVE JA.N 21 2003 TO JUL 21 2003
EH USF WORK/SCHOOL
1XNUAl
IIIEAGE
IDENTIFICATION NUMBER
STN Iles 0 s
~ne ~rr
G 1 e eeE
7500 2G1TrT~12KGY 914 5351 13 P
fhe Vehicle{sl described herein is principally garaged at the above address unl ess otherwise stated
. w/c•worE/scnnol; B•Bu:ine::; F•Ferm; P•Plel
VEH 14 HARRISBURG P_A 17112-2814
'v'EH 16 HARRISBURG PA 17112-2814
This policy provides ONLY those coverages for which
a premium is shown below. VEH
14 6
-MONTH VEH VEH VEH
16 6-MONTH
("ACV" MEANS ACTUAL CASH VALUE) AMOUN PRES IUM PRE
IUM
PRES IUM
PRES IUM
- J E S
MOUN
MOON
MOON
COLLISION LOSS P.CV LESS D100 70.82 1000 102
77
INCREASED RENTAL REIMBURSEMENT 12.50 .
12
5
TOWING AND LABOR 4.00 .
4,0
6 MONTH PREMIUM $ 592.11
$ 89.34 INCLUDED IN PREMIUM FO VEH 16 AS RES T GF 1 _A_C DEi~I'I' ( ) .
FULL TORT APPLIES
THE LAWS OF THE COM[~IONr~'EAI,TH OF ENNSY VANIA., A.S CTED Y T
GENERAL ASSEMBLY, ONLY REQUIRE T
FIRST PARTY 1`7EDICAL BENEFIT COVE T Y PURC
GES
ANY E ABILI AN
OR COVERAGES IN EXCESS OF THE LI
` .
ITS
QUIRE DITI
BY NAL C
A
RE ~, S
~
ROVI ED
ONL
i AT YOUR REQUEST AS EP~iANC ~1 T S BAS I COj .
GES .
THE PREMIUM FOR THE I~ASIC COVERA E IS:
BI 15/30 $ 88.52
PD 5000 $ 111.72
FIRST PARTY MEDICAL BENEFIT 5000 $ 24.27
In WITNESS WHEREOF, the Subscribers at UNITED SERVICES AUTOMOBILE ASSOCIATION have caused these presents to be sig
their Attorney-in-Fact on this date DECEMBER 16, 2002
~~~~
5000 U Robert G. Devil
Attorney-in-Fact
VERIFICATION
y owledge that I am a Plaintiff in this
action and that I have read the _Complaint
and that the facts stated herein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date: I~
' ~~'I 2--C~ O~
use tl sw°i'1'°~sacse a a~wlnsr, l.w
~«s~M ~~ • -•0• 007t aOSaS • IW~1f01,'OC,. -A 1T10i•OSa3
(7171 7~a•~700 • -~ ;7171 tla•0~12
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
ROBERT ROHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
And now, this _~ day of etc. n , 2005, I hereby certify that a true and
correct copy of the foregoing Complaint has been served upon the following, Attorney
for Defendant, via U.S. Mail:
Stephen J. Barcavage, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
SHOLLENB
By: `"
Ti
Date: 5
9
Exhibit
ROBERT BOHR, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V' DOCKET NO.: OS-494
NICOLE L. SITES, A.K.A NICOLE CIVIL ACTION-LAW
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED, JURY TRIAL DEMANDED
Defendant n
• c..
... ; ,-
rz"~i
'1:'
NOTICE TO PLEAD ~ •
-- ~_.
:_;..,
,~. ; !,
y^ ff~
TO: Robert Bohr, Plaintiff
c/o Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
o
-t,
G fn t-"
f"~t
N y~~i
~" ~= =' ~_
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._
cry `~
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment maybe filed against you.
DATE: g l i ~~o ~'
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
STEPHEN J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant
ROBERT BOHR,
V.
Plaintiff
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: OS-494
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT
NICOLE L. SITES a/k/a NICOLE CRAWFORD
PERSONAL REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON DECEASED TO PLAINTIFF'S COMPLAINT
NOW COMES Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, by and through her attorney, who files this response to Plaintiffs
Complaint and answers the Complaint as follows:
1. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 1, and therefore, the same are denied with strict proof
thereof required at trial.
2. Admitted.
3. Admitted upon information and belief.
4. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 4, and therefore, the same are denied with strict proof
thereof required at trial.
5• Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 5, and therefore, the same are denied with strict proof
thereof required at trial.
fi. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 6, and therefore, the same are denied with strict proof
thereof required at trial.
7. Denied. Defendant lacks knowledge sufficient to form a believe as to the truth of
the allegations contained in paragraph 7, and therefore, the same are denied with strict proof
thereof required at trial.
8.(a - o). Denied. Paragraph 8(a - o) is denied in that the same contains conclusions
of law to which no response is required, therefore, strict proof is required at trial. By way of
further response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 8, and therefore, the same are denied with strict proof thereof
required at trial.
9. (a-n) Denied. Paragraph 9 (a-n) is denied in that the same contains conclusions of
law to which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 9, and therefore, the same are denied with strict proof thereof
required at trial.
10. Denied. Paragraph 10 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
2
allegations contained in paragraph 10, and therefore, the same aze denied with strict proof thereof
required at trial.
11. Denied. Pazagraph 11 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 11, and therefore, the same are denied with strict proof thereof
required at trial.
12. Denied. Paragraph 12 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. By way of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 12, and therefore, the same are denied with strict proof thereof
required at trial.
13. Denied. Paragraph 13 is denied in that the same contains conclusions of law to
which no response is required, therefore, strict proof is required at trial. Byway of further
response, Defendant lacks knowledge sufficient to form a believe as to the truth of the
allegations contained in paragraph 13, and therefore, the same aze denied with strict proof thereof
required at trial.
14. Admitted in part; denied in part. It is admitted that Plaintiff carried afull-tort
policy of insurance with USAA that was in effect on the date of this accident. All remaining
allegations aze denied in that the same contains conclusions of law to which no response is
required, therefore, strict proof is required at trial.
3
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
NEW MATTER
15. Defendant hereby incorporates by reference her answers to Paragraphs 1-14 as if
fully set forth herein.
16. Plaintiffs claims are barred by the applicable statute of limitations.
17. Plaintiff has failed to state a cause of action upon which relief can be granted.
18• Plaintiffs claims are barred and/or limited by all applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
19. No act or omission on the part of Defendant was a substantial or contributing
factor in bunging about Plaintiffs alleged injuries and/or damages, all such injuries and/or
damages being expressly denied.
20• Any and all injuries and or damages as described in Plaintiffs Complaint, the
same being expressly denied, were caused in whole or in part by the acts or omissions on the art
of Plaintiff and/or others over whom Defendant had no control nor ri t of con p
1~ trol.
21 • Plaintiffs claims aze barred and/or limited by the doctrine of res judicata and/or
collateral estoppel.
22. Plaintiffs claims aze derivative in nature and aze barred as a matter of law.
23. Defendant breached no duty of Gaze owed to Plaintiff under the circumstances.
4
24. Plaintiffs claims are barred and/or limited by the Pennsylvania Comparative
Negligence Act.
25. Plaintiffs claims are barred and/or limited by the applicable provisions of the
Pennsylvania Worker's Compensation Act.
26. At all times material hereto, Defendant acted in a safe, legal and non-negligent
manner.
WHEREFORE, Defendant, Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, respectfully requests judgment in her favor and against the Plaintiff
together with such other costs this Honorable Court deems appropriate.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
a~~ J• AVAGE, ESQUIRE
D o. 78867
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
DATE: $ I 1 D (D,, Attorneys for Defendant
5
VERIFICATION
Stephen J. Barcavage, Esquire, Attorney for Defendant, verifies that the facts set forth in the Answer
with New Matter to Plaintiffs Complaint are true to the best of his knowledge, information and belief. If the
above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
ST N J. BARCAVAGE, ESQUIRE
DATE: g ~ I D (DS'
i
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~ ~ day of August, 2005, I served a copy of the foregoing
document via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
SUSAN M. WILLIAMS
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this ~~`~ day of July, 2006, I served a copy of the Joinder Complaint
Against Additional Defendant, Charley Michael Sawyer via First Class United States mail,
postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
Charley M. Sawyer
314 Greenbriar Road
Elliottsburg, PA 17024
(via Sheriffs service)
. ~
SUSAN M. WILLIAMS
f^~ A.1
=i'
..J
„_
T
06156001
COMMONWEALTH OF PENNSYLV.
COUNTY OF CUMBERLAND
ROBERT BOHR
VS.
PLAINTIFF/S
NICOLE SITES, A/R/A NICOLE CRAWFORD
ET AL
DEFENDANT/S
COURT OF COMMON PLEAS
NO. OS-494
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
AS A PREREQUISITE TO SERVICE OF A SUBPOENA FOR DOCUMENTS AND THINGS PURSUANT TO RULE
4009.22, DEFENDANT CERTIFIES THAT
(1) A NOTICE OF INTENT TO SERVB THE SUBPOENA WITH A COPY OF THE SUBPOENA ATTACHED
THERETO WAS MAILED OR DELIVERED TO EACH PARTY AT LEAST TWENTY DAYS PRIOR TO THE
DATE ON WHICH THE SUEPOENA IS SOUGHT TO BE SERVED,
(2) A COPY OF THE NOTICE OF INTENT, INCLUDING THE PROPOSED SUBPOENA, IS ATTACEED TO
THIS CERTIFICATE
(3) NO OBJECTION TO THE SUBPOENA HAS BEEN RECEIVED, AND
(4) THE SUBPOENA THAT WILL BE SERVED IS IDENTICAL TO THE SUBPOENA WHICH IS ATTACHED
TO THE NOTICE OF INTENT TO SERVE THS SUBPOENA.
DATE: 7/13/06
S PHEN BARCAVAGE, ESQ.
TTORNEY FOR DEFENDANT
21237-00229
ROBERT BOHR
VS.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
PLAINTIFF/S
COURT OF COMMON PLEAS
NICOLE SITES, A/R/A NICOLE CRAWFORD,
ET AL
DEFENDANT/S
T0: TIMOTHY A.
SHOLLENBERGER & JANUZZI
2225 MILLENNIUM WAY
ENOLA PA 17025
ATTORNEY(S) FOR PLAINTIFF
ESQ.
06156001
12/25/06
DEFENDANT INTENDS TO SERVE A SUBPOENA IDENTICAL TO THE ONE THAT IS ATTACHED TO THIS
NOTICE TO THE DEPONENT/S LISTED BELOW, REQUESTING RECORDS BE PRODUCED AT RECORD COPY
SERVICES, 1880 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103. YOU HAVE TWENTY (20)
DAYS FROM THE DATE LISTED BELOW IN WHICH TO FILE OF RECORD AND SERVE UPON THE UNDERSIGNED
AND RECORD COPY SERVICES (215-241-5858), AN OBJECTION TO THE SUBPOENA. IF NO OBJECTION
IS MADE THE SUBPOENA/S MAY BE SERVED.
WEST SHORE EMERGENCY MEDICAL SERVICES
MILTON S. HERSHEY MEDICAL CENTER
DUNHAM U.S. ARMY HEALTH CLINIC
DATE: 6/16/06
N0. OS-494
NOTICB OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCGVERY PURSUANT TO RULE 4009.21
STEPHEN J. BARCAVAGE, ESQ.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
4200 CRUMS MILL RD.
HARRISBURG PA 17112
ATTORNEY(S) FOR DEFENDANT
it
06156001
12/25/06
COM>a1WEALTEi OF PFSA~ISYI.VANIA
COUNTY OF (~
ROBERT BOHR
vs
NICOLE SITES, A/R/A NICOLE CRAWFORD,
ET AL
File No.
Court of Common Pleas
OS-494
SUBPOENA TO PRODUCE DoC1JrENrS oR THINOS
FOR DISOOVERY PURSUANT TO RULE 4009.22
WEST SHORE EMERGENCY MEDICAL SERVICES 503 N. 21ST ST.
T'O: -CAMP HILL PA 17011
Person or
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doaments or things: SEE ATTACHED ADDENDOM
at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA.
(Address)
You may deliver or mail legible copies of the doaments or produce things requested by
this subpoena, together with the certificate of ccrrpliance, to the party making this
request at the address listed above. You have the right to seek in advents the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoens within twenty
(20) days after its service, the party serving this subpoena may seek a court order
compelling you to ariply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST aF THE FOLLdIlING PERSON:
NAhE: STEPHEN J. BARCAVAGE, ESQ.
PDORESS
TELEPHONE: FOR INFORMATION: (215 - 58
SUPREhE 001.lFtT 10 ~_
ATTORNEY FOR:DEFENDANT
DATE: b "~/~` [L~_
Seal of the Court
BY E COURT: ,
Prothonotary~Clerk, it Division
Deputy
(Eff. ?/97)
NO. 05-494 ADDENDUM TO SUBPOENA 06156001
12/25/06
ROBERT BOHR
VS. NICOLE SITES, A/K/A NICOLE CRAWFORD, ET AL
SEE ATTACHED ADDENDUM PERTAINING TO ROBERT E. BOHR (4119 FAWN DRIVE, APARTMENT
R, HARRISBURG, PA, DOB 07/07/56, SSN 182-46-3856).
Instructions or West Shore EMS and Dunham U.S. Armv Health Clinic
c s:
Any and all medical records, including, but not Itmited to, physical therapy
records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other
diagnostic testing performed, together with all medical reports, diagnostic
testing reports, notes, memoranda, correspondence and medical bills
concerning Robert E. Bohr; Date of Birth: 7R/56; Social Security No. 182-
46.3896.
r
JD6lY
2/25/06
~I OF PIIa]S'StT,VANIA
COUNPY OF CS&lSFgIAlID
ROBERT BOHR
Court of Common Pleas
OS-494
vs. File No.
NICOLE SITES, A/KJA NICOLE GRAWFORD,
ET AL
SUBPOENA TO PRODUCE DOCUhENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
MEDICAL RECORDS DEPARTMENT
MILTON S. HERSHEY MEDICAL CENTER 500 UNIVERSITY DR.
TO: P.0. BOX 850 HERSHEY PA 17033
(Name of Person Or Entity)
Within tw~ty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: SEE ATTACHED ADDENDUM
at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of carpliance, 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 doaments or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court order
arrpellir:g you to ccariply with it.
THIS SI.IBPOENA WAS ISSUED AT THE REQUEST OF THE FOI.LOWINO PERSON:
.,,,.,,~. STEPHEN J. BARCAVAGE, ESQ.
ADDRESS:
TELEP4i0PlE: FOR INFORMATION: (215) 241-5858
SUPREhE COURT ID #
ATTORNEY FOR: DEFENDANT
DATE: b `~ ~- ~ `a
Seal of the Carat
BY COl1RT:
Prothonotary C erc, vil Division
OeputY
(Eff. 7/97)
NO. OS-494 ADDENDUM TO SUBPOENA 06156001
12/25/06
ROBERT BOHR
VS. NICOLE SITES, A/R/A NICOLE CRAWFORD, ET AL
SEE ATTACHED ADDENDUM PERTAINING TO ROBERT E. SOHR (4119 FAWN DRIVE, APARTMENT
K, HARRISBURG, PA, DOB 07/07/56, SSN 182-46-3856).
Instructions for Hershey Medical Center records:
Any and all medical records, including, but not limited to, physical therapy
records, rehab records, any and all records from the Internal Medicine
Department, lab reports, x-ray films, MRIs, CT scans, or other diagnostic
testing performed, together with all medical reports, diagnostic testing
reports, notes, memoranda, correspondence and medical bills concerning
Robert E. Bohr; Date of Birth: 7/7/56; 3ocia13ecurity No. 182-46-3856.
r
iv
2%25/06
CCr!T~FALT11 OF P)3d9SYLVAN.fA
ODUNTY OF CIR~I+1`>D
ROBERT SOHR
• Court of Common Pleas
OS-494
vs. File No.
NICOLE SITES, A/KJA NICOLE CRAWFORD,
ET AL •
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISOOYERY PURSUANT TO RULE 4009.22
CUSTODIAN OF THE RECORDS OF
DUNHAM U.S. ARMY HEALTH CLINIC 450 GIBNER RD. S-1
TO: CARLISLE FA 17013
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the carat to
produce the following documents or things: SEE ATTACHED ADDENDUM
at RECORD COPY SERVICES, 1880 JOHN F. KENNEDY BLVD., 5-300, PHILADELPHIA, PA.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by
this subpoena, together with the certificate of arr~pliance, to the party making this
request at the address listed above. You have the right to seek in advent` 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
(20j days after its service, the party serving this subpoena may seek a court order
corrpel l irg you to comply with it.
THIS SUBPOENA WAS I SSUED AT THE RECUEST OF TtiE FOL.LdV I Nf3 PERSON:
NAME: STEPHEN J. BARCAVAGE, ESQ.
ADDRESS
TELEPHONE: FOR INFORMATION: (215) 241-5858
SUPREME OOIIRT I D #
ATTORNEY FOR: DEFENDANT
DATE: ~~n
Seal of the Wur't
BY 0Ol1RT:
i
Prothonotary/Clerk, vil Division
DePutY
(Eff. 7/9i)
N0. OS-494 ADDENDUM TO SUBPOENA 06156001
12/25/06
ROBERT BOHR.
VS. NICOLE SITES, A/K/A NICOLE CRAWFORD, ET AL
SEE ATTACHED ADDENDUM PERTAINING TO ROBERT E. BOHR (4119 FAWN DRIVE, APARTMENT
K, HARRISBURG, PA, DOB 07/07/56, SSN 182-46-3856).
Any and all medical records, including, but not limited to, physPcal therapy
records, rehab records, lab reports, x-ray films, MRIs, CT scans, or other
diagnostic testing performed, together with all medical reports, diagnostic
testing reports, notes, memoranda, correspondence and medical bills
concerning Robert E. Bohr; Date of Birth: 717/56; Social Security No. 182-
46-3856.
r
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin,
do hereby certify that on this ~~ day of July, 2006, I served a copy of the Certificate-
Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 via First Class United States
mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millenium Way
Enola, PA 17025
°l,.
SUSAN M. WILLIAMS
U~1~~~~~
r
ROBERT BOHR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NICOLE L. SITES,
a/k/aNICOLE CRAWFORD, Personal
Representative of the Estate of
Shazon Johnson, Deceased,
Defendant
v,
CHARLEY MICHAEL SAWYER,
Additional Defendant
NO: OS-494
CIVIL ACTION -LAW
PRAECIPE TO ENTER APPEARANCE
Please kindly enter the appearance of Bruce 7. Wazshawsky, Esquire and the Law Firm of
Cunningham and Chenvcoff, P.C., on behalf of Charley Michael Sawyer, Additional Defendant,
in the above captioned action.
CUNNINGHAM & CHERNICOFF, P.C.
.: ~' --~
By i
ni . Wazshawsky, E ' e
PA Supreme Court ID# 799
CUNNINGHAM & CHERNICOFF, P.C.
2320 North Second. Street
Dated: U'~ /~
Harrisburg, PA 17110
Attorneys for Additional Defendant
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff,
P.C., do hereby certify that a true and conect copy of the Praecipe to Enter Appeazance in the
above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this
date, to the following:
Stephen J. Bazcavage, Esquire
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Timothy A. Shollenberger, Esquire
2225 Millenium Way
Enola, PA 17025
CUNNINGHAM & CHERNICOFF, P.C.
Date: ~` ~~ ~(~
Julieanne Ametrano
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17110
(717)238-6570
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-00494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOHR ROBERT
VS
SITES NICOLE L ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
!lT T.TITTT TYTTT TlT T11T T?T /~TTTT TT
to wit:
but was unable to locate Him
deputized the sheriff of PERRY
serve the within COMPLAINT JOINING ADDL
County, Pennsylvania, to
On August 2nd 2006 this office was in receipt of the
attached return from PERRY
Sheriff ' s Costs : So answers -M- -' ' _--= '""~
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Docketing 18.0 0 i~....c~:~.:.-~_.._-----,
Out of County 9.00 - ~ f"
Surcharge 10.00 R. Thomas Kline
Dep Perry County 39.02 Sheriff of Cumberland County
Postage 1.83
77.85 / ~-iy•v4 ~-
08/02/2006
MARSHALL DENNEHEY WARNER COLEM
Sworn and subscribe to before me
this day of
in his bailiwick. He therefore
A.D.
~n The C®urt ®f C~~m®n Pleas ~f Cu~nbe~-~and C®unty, ~en~sylvania
Robert Bohr VS Nicole L. Sites etc
VS.
Charley Michael Sawyer
No. 05-494 civil
Now,_ July 17, 2006
hereby deputize the Sheriff of
Perry
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Affidavit ®f Se~~vice
Now, July 29 , ~ 20 06 ~ at 10:55 o'clock P M. served the
within Notice & Joinder Complaint
upon Charley Michael Sawyer
at 314 Greenbrier Rd. (Spring Twp) Elliottsburg, PA 17024
by 1landing to Charley Michael Sawyer, Defendant
a True & Attested copy of the original Notice&Joinder Comp.
and made known to Him the contents thereof.
So answers,
Brady T. Cramer
Sworn and subscribed before
me this ~/ ~ day of a /~ , 20 ~
uit 1~-l!r. r~~
NOTARIAL SEAL
MARGARET f. FLICKINGER, NOTARY PUBUC
BLOOMFIELO BORO., PERRY COUNTY
MY COMMISSION EXPIRES FEB. 16 2001
Deputy Sherif of T ~erry County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES,
a/k/a NICOLE CRAWFORD, Personal
Representative of the Estate of
Sharon Johnson, Deceased,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: OS-494
CNIL ACTION -LAW
NOTICE TO DEFEND
To: Nicole L. Sites
alkla Nicole Crawford
c/o Stephen J. Barcavage, Esquire
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
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 the attached
Counterclaim and Notice are served, by entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a judgment
maybe 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 Defendants/Counterclaim Plaintiffs.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
NOTICIA
LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda v 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 reclamado en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
IMMEDIATAMENTA. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A
LINO, LLAME O VAYA A LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES,
a/k/a NICOLE CRAWFORD, Personal
Representative of the Estate of
Sharon Johnson, Deceased,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: OS-494
CIVIL ACTION -LAW
ANSWER WITH NEW MATTER TO JOINDER COMPLAINT
AGAINST ADDITIONAL DEFENDANT. CHARLEY MICHAEL SAWYER
AND NOW come the Additional Defendant, Charley Michael Sawyer ("Mr. Sawyer"),
represented by his attorneys, Bruce J. Warshawsky, Esquire and Cunningham & Chernicoff, P.C.
to file an Answer with New Matter in the Joinder Complaint filed against him on or about July
18, 2006 as follows:
1. Admitted.
2. Admitted upon information and belief.
3. Admitted upon information and belief.
4. Admitted in part and denied in part. To the extent that the averments of this
Paragraph are consistent with Plaintiff s Complaint, they are admitted, to the
extent that they are inconsistent, they are denied.
5. The averments of this Paragraph are legal conclusions to which no response is
required. If a response is deemed to be required, and as more specifically set forth
below, Mr. Sawyer specifically denies the averments of this Complaint.
COUNT I -NEGLIGENCE
6. No response is required.
7. Admitted.
8. Admitted in part and denied in part. To the extent that the averments of this
Paragraph are consistent with Plaintiff's Complaint, they are admitted, to the
extent that they are inconsistent, they are denied.
9. The averments of this Paragraph are legal conclusions to which no response is
required.
10. The averments of this Paragraph are legal conclusions to which no response is
required as is more specifically set forth in each Subparagraph below. To the
extent that a response is deemed to be required, it is specifically denied that Mr.
Sawyer acted carelessly or negligently.
10a. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer operated his
vehicle with due regard for rights, safety, well being and position of Plaintiff.
l Ob. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer maneuvered his
vehicle appropriately to attempt to avoid striking the vehicle operated by Sharon
Johnson, Deceased.
l Oc. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer had his vehicle
under proper and adequate control to avoid an accident and avoid striking the
vehicle operated by Sharon Johnson, Deceased, but Sharon Johnson's negligence
prevented Mr. Sawyer from avoiding an accident or avoiding striking the vehicle
operated by Sharon Johnson, Deceased, as is more specifically set forth below.
l Od. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. Byway of further response, Mr. Sawyer kept an
appropriate-look out and obeyed the rules of the road, in an attempt to avoid a
collision with the vehicle driven by Sharon Johnson, Deceased, however, due to
Sharon Johnson's negligence, a collision with the vehicle driven by Sharon
Johnson, Deceased, could not be avoided.
10e. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer maintained
proper control of his vehicle at all times.
l Of. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer was neither
negligent, careless and/or reckless in applying the brakes and maneuvering his
vehicle in an attempt to avoid a collision with the vehicle operated by Sharon
Johnson, Deceased, but rather, the negligence of Sharon Johnson, Deceased,
made it impossible for Mr. Sawyer to avoid such a collision.
l Og. The averments of the Subparagraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the averments
are specifically denied. By way of further response, Mr. Sawyer was not
negligent nor did he lose control of his vehicle nor did he cause the
collision/accident with the vehicle operated by Sharon Johnson, Deceased, but
rather, the negligence of Sharon Johnson, Deceased, made it impossible for Mr.
Sawyer to avoid the collision/accident with Sharon Johnson's vehicle.
11. The averments of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the same are
specifically denied. To the contrary, Sharon Johnson's negligence caused the
accident in question and Nicole L. Sites, a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, is solely liable to the
Plaintiff.
12. The averments of this Paragraph are legal conclusions to which no response is
required. To the extent that a response is deemed to be required, the same are
specifically denied. To the contrary, Sharon Johnson's negligence caused the
accident in question and Nicole L. Sites, a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, is solely liable to the
Plaintiff.
WHEREFORE, the Additional Defendant, Charley Michael Sawyer, respectfully requests
that Judgment be entered in his favor and award him his costs, attorney fees and other just relief
the Court deems appropriate.
NEW MATTER
13. The Additional Defendant hereby incorporates the answers set forth in Paragraphs
1 through 12 above as if more specifically set forth herein.
14. Mr. Sawyer operated his motor vehicle with due care at all relevant times hereto.
15. The negligence of Sharon Johnson, Deceased, was the sole cause of the accident
involving the Plaintiff, Robert Bohr.
16. Defendant's claims are barred by the applicable statute of limitations.
17. Defendant has failed to state a cause of action upon which relief can be granted.
18. Defendant's claims are barred and/or limited by all applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
19. No act or omission on the part of Additional Defendant was a substantial or
contributing factor in bringing about Plaintiff s alleged injuries and/or damages,
all such injuries and/or damages being expressly denied.
20. Any and all injuries and/or damages as described in Defendant's Joinder
Complaint, the same being expressly denied, were caused in whole or in part by
the acts or omissions on the part of Defendant and/or others over whom
Additional Defendant had no control nor right of control.
21. Defendant's claims are barred and/or limited by the doctrine of res judicata and/or
collateral estoppel.
22. Defendant's claims are derivative in nature and are barred as a matter of law.
23. Additional Defendant breached no duty of care to Plaintiff or Defendant in this
case.
24. At all times material hereto, Additional Defendant acted in a safe, legal and non-
negligent manner.
WHEREFORE, Additional Defendant, Charley Michael Sawyer, respectfully requests
Judgment in his favor and against the Plaintiff together with such other costs this Honorable
Court deems appropriate.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
By
Bruce J. Warshawsky, E uire
PA Supreme Court ID# 58799
2320 North Second. Street
Harrisburg, PA 17110
Attorneys for Additional Defendant
Dated: ~Q ~ ? d ~
VERIFICATION
I, Charley Michael Sawyer, verify that the statements made in the foregoing ANSWER
WITH NEW MATTER TO JOINDER COMPLAINT AGAINST ADDITIONAL
DEFENDANT. CHARLEY MICHAEL SAWYER are true and correct to the best of my
knowledge, information and belief. I understand that false statements are made subject to the
penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsification to authorities.
Date: ~ /// X.00(0
Charley ichael awyer
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chernicoff,
P.C., do hereby certify that a true and correct copy of the Praecipe to Enter Appearance in the
above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this
date, to the following:
Stephen J. Barcavage, Esquire
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Date: ~®" ~~~®~
Timothy A. Shollenberger, Esquire
2225 Millenium Way
Enola, PA 17025
CUNNINGHAM & CHERNICOFF, P.C.
By d~~~//~4~1
Julieanne Ametrano
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17110
(717)238-6570
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ROBERT BOHR,
v.
Plaintiff
NICOLE L. SITES, A.K.A NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.: OS-494
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
REPLY OF DEFENDANT, NICOLE L. SITES, a/k/a NICOLE
CRAWFORD. PERSONAL REPRESENTATIVE OF THE
ESTATE OF SHARON JOHNSON, DECEASED, TO NEW MATTER
OF ADDITIONAL DEFENDANT, CHARLEY MICHAEL SAWYER
13. No response is required.
14. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
15. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
16. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
.
17. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
18. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
19. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
20. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
21. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
22. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
23. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
2
24. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, the
averments set forth in this paragraph are denied in accordance with Pa.R.C.P. 1029(e).
WHEREFORE, Defendant, Nicole L. Sites, a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon Johnson, Deceased, hereby demands judgment in her
favor.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: ~'~l i~ `o lv BY:
ST N J. BARCAVAGE, ESQUIRE
. . No. 78867
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant, Nichole L. Sites,
a/k/a Nicole Crawford, Personal
Representative of the Estate of Sharon
Johnson, Deceased
VERIFICATION
Stephen J. Barcavage, Esquire, Attorney for Defendant, Nicole L. Sites, a/k/a Nicole
Crawford, Personal Representative of the Estate of Sharon Johnson, Deceased, verifies that the
facts set forth in the Reply to New Matter of Additional Defendant, Charley Michael Sawyer, are
true to the best of his knowledge, information and belief. If the above statements are not true,
the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
S . BARCAVAGE, ESQUIIZE
DATE: I ~.l l~~ b(~
CERTIFICATE OF SERVICE
I, Susan M. Williams, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this «~"h day of December, 2006, I served a copy of the Reply of
Defendant, Nicole L. Sites, a/k/a Nicole Crawford, Personal Representative of the Estate of
Sharon Johnson, Deceased, to New Matter of Additional Defendant, Charley Michael
Sawyer, via First Class United States mail, postage prepaid as follows:
Timothy A. Shollenberger, Esquire
SHOLLENBERGER & JANUZZI, LLP
2225 Millenium Way
Enola, PA 17025
Bruce J. Warshawsky, Esquire
CUNNINGHAM & CHERNICOFF, P.C.
P.O. Box 60457
Harrisburg, PA 17106-0457
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SUSAN M. WILLIAMS
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SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717} 728-3200
Fax Number: (717) 728-4300
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAWFORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
PRAECIPETO SETTLE, DISCONTINUE AND EN13'
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, ended, and discontinued
viritli prejudice.
Date: April 24, 2007
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys for the Plaintiff
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-4300
Attorneys for Plaintiff
ROBERT BOHR,
Plaintiff
v.
NICOLE L. SITES, A.K.A. NICOLE
CRAW FORD, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
SHARON JOHNSON, DECEASED,
Defendant
v.
CHARLEY MICHAEL SAWYER,
Additional Defendant
IN TI-!E GOURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-494
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE''
AND NOW this 24~' day of April 2007, I hereby certify that I have served
the following Praecipe to Discontinue on the following by forwarding a true and
correct copy of same in the United States mail, postage prepaid, addressed to:
Steven J. Barcavage, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
SHOLLENBERGER & JANUZZI, LLP
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