HomeMy WebLinkAbout05-2196SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
for
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON PLI
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05--2/1(0
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
You have been sued in court. If you wish to defend against the claims set forth in the follo ing
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 defe sei
or objections to the claims set forth against you. You are warned that if you fail to do so the case m y
proceed without you and a judgment may be entered against you by the court without further notic for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You y
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 A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PRO ID
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PF
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EL
PERSONS AT A REDUCE FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
1-800-990-9108
G'\GLOBAMPDATA\DOCS\TH CASE FILES- OPEN\Mlller, Brenl\Pleadings\COmplaint 01-10-05 [tas[.Coc
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
for
BRENT MILLER, IN THE COURT OF COMMON
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE CIVIL ACTION - LAW
OF ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
LISTED HA SIDO DEMANDADO/A EN CORTE. S usted desea defenderse de las deman as
que se presentan m6s adelante an [as siguientes p6ginas, debe tomar acci6n dentro de los pr6xi as
veinte (20) Bias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o or
media de un abogado una comparecencia escrita y radicando en la Corte par escrito sus defensa de, y
objeciones a, [as demandas presentadas equi en contra suya. Se le advierte de que si usted falla de
tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo par cua quier
suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado par el
demandante puede ser dlctado en contra suya par la Corte sin m6s aviso adicional. Listed puede erdei
dinero o propiedad u otros derechosimportantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
NO TIENE UN ABOGADO, VAYA A O LLAME POR TEL?FONO LA OFICINA DISPUESTA ABA
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
ESTA OFICINA LE PUEDA PROVEER INFORMACIbN SOBRE LAS AGENCIAS QUE OFREZC/
SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CLIALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
1-800-990-9108
G:\GLOBAL\WPDATA\DOCSUIM CASE FILES- OPEN\Miller, Brent\Pleadings\Complain101-10-05 (taslEoc
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON PLE S
CUMBERLAND COUNTY,
PENNSYLVANIA
4 -
N O. ?? , ' g l X k ?
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW comes the Plaintiff, BRENT MILLER by and through his
SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the
COUNTI
ESTATE OF ROBERT WILBUR. DECEASED AND DONALD D. DIMOV
FACTS APPLICABLE TO ALL COUNTS
1. Plaintiff, Brent Miller, is an adult individual who currently resides at 11
South Ridge Road, Boiling Springs, Cumberland County, Pennsylvania.
2. The Defendant, S. Joanne Wilbur, is the Personal Representative of
Estate of Robert Wilbur, Deceased (hereinafter referred to as "the Wilbur Estate")
pursuant to letters of administration granted by the Register of Wills of Cumberland
County, Pennsylvania on January 27, 2005. A copy of the letters of administration i
attached hereto and incorporated herein by reference as Exhibit A.
G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Miller, Brent\Pleadings\Complaint 0140-05 [tas].doc
3. The Defendant, Donald D. Dimov, is an adult individual whose last
address is 210 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania.
4. The facts and circumstances hereinafter set forth took place on J
2003 at or about 9:10 p.m. in the 200 block of Hempt Road, Silver Spring Townshil
Cumberland County, Pennsylvania.
5. At the aforesaid time and place, Plaintiff, Brent Miller, was the
a 2002 Suzuki Katana 600.
25,
of
6. At the aforesaid time and place, Robert Wilbur was the operator of a 1001
Chevrolet Camaro.
7. At the aforesaid time and place, Plaintiff, Brent Miller, was traveling n$rth
on Hempt Road. At the aforesaid time and place, Robert Wilbur attempted to
Hempt Road from a private driveway in order to turn left to travel south on Hempt
8. At the aforesaid time and place, Robert Wilbur pulled out of the
driveway and into the path of the motorcycle being operated by Brent Miller.
9. At the aforesaid time and place, Plaintiff, Brent Miller, laid the
down onto the pavement in an attempt to avoid the collision.
10. At the aforesaid time and place, Plaintiff, Brent Miller, and the
slid and collided with the driver's side of Robert Wilbur's vehicle.
11. As a result of the aforesaid collision, Plaintiff, Brent Miller, has
serious and permanent injuries, including but not limited to the following:
a. Fracture of the right femur;
b. Fracture of the left femur;
c. Multiple rib fractures;
GIGLOSAMPDATA\DOMTIM CASE FILES- OPENUIVer. Brent\Pleadings\ComPlaint Oi-10-05 [tasl.doc
d. Multiple contusions and abrasions;
e. Fracture of the left tibia;
f. Fracture of the left fibula;
g. Right liver contusion and laceration;
h. Bilateral contusions of the kidney;
i. Right pneumohemothorax with right pulmonary contus
j. Closed head injury with punctate hemorrhage in right f
region;
k. Left scapular fracture;
1. Subcutaneous emphysema;
m. Acute respiratory failure;
n. Post traumatic shock;
o. Cell ulitis/abscess of left lower extremity;
p. Traumatic brain injury with resulting cognitive disorder;
q. Left L2 transverse process fracture;
r. Right L1 transverse process fracture;
s. Right T10 transverse process fracture;
t. Large hematoma of the right adrenal gland;
u. Left calf compartment syndrome;
v. Bilateral pleural effusions;
w. Right lower extremity compartment syndrome;
x. Severe strain, sprain and disruption of the muscles, tendons,
and other soft tissues in the area of the lumbar spine;
G \GLOBAL\WPOATA\OOCS\TIM CASE FILES- OPEN\Miller, Brent\Pleadings\COmplain101-10-05 [to.] d.c
y. Functional and anatomical leg length discrepancy;
z. Left trochanteric bursitis;
aa. Left sacroilitis;
bb. Sacral strain and sprain;
cc. Sacroiliac joint derangement;
dd. Pelvic obliquity and rotation;
ee. 1-2-3 derangements;
ff. Convergence insufficiency of the eyes; and
gg. Myofascial pain syndrome.
12. As a direct and proximate result of the aforesaid injuries, Plaintiff
Miller, has undergone and in the future will undergo great pain and suffering for
damages are claimed.
13. As a further result of the aforesaid injuries, Plaintiff Brent Miller, has
suffered and may continue to suffer a loss of earnings for which damages are
14. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has
and/or may in the future incur a loss of earning capacity for which damages are
15. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has
sustained scarring and disfigurement for which damages are claimed.
16. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has
sustained a permanent diminution in his ability to enjoy life and life's pleasures for
damages are claimed.
17. As a further result of this collision, Plaintiff, Brent Miller, has and/or
incur reasonable and necessary medical and rehabilitative costs and expenses in
G:\GLOBALMPDATMDOCSMM CASE FILES- OPENMiller, Brent\Pleadings\Complaint 01-10-05 Itas] doc
excess of the amounts paid or payable pursuant to Subchapter B of the
Motor Vehicle Financial Responsibility Law, Workers' Compensation or any prog
group contract, or other arrangement for payment of benefits as defined in 75 Pa.
C.S.A. Section 1719.
18. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has
incurred or may hereinafter incur financial expenses and losses which exceed su
recoverable under the limitations and exclusions of the Pennsylvania Motor
Financial Responsibility Law for which damages are claimed.
19. Plaintiff, Brent Miller, was occupying a motorcycle at the time of the
collision, which is not a private passenger motor vehicle. Therefore, Plaintiff,
Miller, remains eligible to claim compensation for non economic loss and economic
sustained in this collision pursuant to applicable tort law.
21. Plaintiff believes and therefore avers that 42 Pa. C.S.A. Section 7102
subtitled "Recovery against joint defendant; contribution" is unconstitutional and
therefore unenforceable in this action because it was passed in violation of Article II
Sections 1, 2, 3, and 4 of the Pennsylvania Constitution and in violation of the
subject rule" and is a law that was passed as part of another bill in a manner
with the prohibited concept of "legislative logrolling". See also
824 A.2d 364 (Pa Cmwlth 2003)
COUNT II
THE ESTATE OF ROBERT WILBUR, DECEASED
22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated
loss
1)
G:\GLOBAL\W PDATA\DOCS\TIM CASE FILES- OPEN\Mlller, Brent\Pleadings\Complaint 01-10-05 [tas[.doc
by reference and made a part hereof as if set forth in full.
23. The aforesaid collision was the direct and proximate result of the
negligence of Robert Wilbur in operating the 2001 Chevrolet Camaro in a ca
reckless, and negligent manner as follows:
a. In failing to observe Plaintiff's vehicle on the highway before
attempting to enter Hempt Road;
b. In failing to keep a look-out for the motorcycle being operated
Brent Miller before initiating his attempt to enter Hempt Road;
C. In attempting to enter Hempt Road when such movement could not
be safely accomplished;
d. In failing to yield the right-of-way to the motorcycle being
by Brent Miller;
e. In attempting to turn left onto Hempt Road directly into the pates of
the motorcycle being operated by Brent Miller;
f. Moving his vehicle which was stopped, standing or parked
the movement could be made with safety in violation of
3333 of the PA Motor Vehicle Code;
g. Entering the roadway from a place other than another roadway
without yielding the right-of-way to vehicles approaching on the
roadway to be entered or crossed in violation of Section 3324
PA Motor Vehicle Code; and
h. Driving his motor vehicle in careless disregard for the safety of
persons or property in violation of Section 3714 of the PA Motor
the
GIGLOSAL\WPDATA000S\TIM CASE FILES- OPENW IIer, Brent\Pleadings\Complain101-10-05 [tas].doc
Vehicle Code.
WHEREFORE, Plaintiff Brent Miller demands judgment against S. Joanne
Wilbur, Personal Representative for the Estate of Robert Wilbur, Deceased and
Id
D. Dimov, jointly and severally, for compensatory damages in an amount in excess of
the amount requiring compulsory arbitration.
COUNT III
BRENT MILLER v. DONALD D. DIMOV
24. Paragraphs 1 through 23 of Plaintiffs Complaint are in
herein by reference as is set forth at full.
25. At the aforesaid time and place, Defendant Donald D. Dimov
the owner of the real estate located at 210 Hempt Road. Said real estate included
unimproved land that bordered the east berm of Hempt Road and was adjacent to he
private driveway that Robert Wilbur pulled out from to attempt his left hand turn on
Hempt Road.
26. Plaintiff believes and therefore avers that the intersection of
private driveway and Hempt Road was in a dangerous condition.
27. The dangerous condition was caused by the active and/or
negligence of Donald D. Dimov as follows:
a. Allowing his mailbox to be placed in an area which restricted Robert
Wilbur's site distance of the Plaintiff and Plaintiff's motorcycle;
b. Allowing vegetation to grow up on the unimproved portion of h
property which restricted the site distance of Robert Wilbur of
Plaintiff and the Plaintiff's motorcycle.
GAGL09AL\WPDATA\D0CS\TIM CASE FILES- OPEN\Miller, brennPleadings\Cov laint 01-10-05 JWJAoc
WHEREFORE, Plaintiff Brent Miller demands judgment Donald D. Dimov
Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur,
jointly and severally, for compensatory damages in an amount in excess of the
requiring compulsory arbitration.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By: AW WZ&
Timothy A. hollenberger, Esquire
Attorney ID 34343
Dated: q - 27 - 0 5
S.
GAGLOBAL\W PDATA\OOCS\TIM CASE FILES- OPEN\Miller, Brent\Pleadings\Complain101-10-05 (tasI.doc
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CUMBERLAND County, do hereby certify mat: on
the 27th day of January, Two Thousand nd Five,
Letters TESTAMENTARY
in common form were granted by the Register of
said County, on the
SHORT CERTIFICATE
I, GLENDA FARNER STRASBAUGH
Register for the Probate of Wills and ranting
Letters of Administration in and for
estate of ROBERT E WILBUR SR late of MECHANICSBURG
(First Middle, Las)
in said county, deceased, to S JOA NNE WILBUR
(First Middle, Las)
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affix
seal of said office at CARLISLE, PENNSYLVANIA, this 27th day of J
Two Thousand and Five.
File No. 2005-00083
PA Fi 1 e No. 21- 05- 0083
Date of Death 410312004
S.S. # 186-28-5231
the
ary
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
0
1 Brent Miller
VERIFICATION
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
information and belief.
I understand that any false statements herein are made subject to
18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Date: 4/27/05
SXOLUMEWn 6 JASOZZI. UP
1610 LIMOLCSTOYM ROAD • P.O. SOX 60545 6 HAA1ISS060. PA 17106-0545
1717) 136-1100 0 FAX :7171
316 613/
of
U
14
w
SHOLLENBERGER & JANUZZI, LLP
2225 Millenium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
To: S. Joanne Wilbur
404 W. Keller Street
Mechanicsburg, PA 17055
Pursuant to the Provisions of Pa. R. C. P. 4005 and 4006, as amended, y u
are required to serve on the undersigned your Answers and Objections, if any, in
writing, to the following Interrogatories, within thirty (30) days after service of the
Interrogatories.
The Answers shall be inserted in the spaces provided following each
Interrogatory. If there is insufficient space to answer an Interrogatory, the remainde of
the Answer shall follow on a supplemental sheet.
These Interrogatories shall be deemed to be continuing in nature, in
with the provisions of Pa. R. C. P. 4007.4 as amended. If between the time of servi fig
your original Answers to these Interrogatories, and the time of trial of this matter, yob or
anyone acting in your behalf learn the identity of persons expected to be called as
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(917) 928-3200 0 FAX (717) 728 3400
expert witness at trial not disclosed in your Answers, or if you or an expert witne
obtain information upon the basis of which you or he knows that an Answer was
incorrect when made, or knows that an Answer though correct when made is no
true, then you shall promptly supplement your original Answers under oath to in(
such information thereafter acquired, and promptly furnished such a Supplemen
Answer on the undersigned.
Definitions. -- The following definitions are applicable to these standard
interrogatories:
"Document" means any written, printed, typed, or other graphic matter of
kind or nature, however produced or reproduced, including photographs, microfi
phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data
drums, and other data compilations from which information can be obtained.
"Identify" or "Identity" means when used in reference to --
(1) A natural person, his or her;
a. full name; and,
b. present or last known residence and employment address
(including street name and number, city or town, and state or
county);
(2) A document:
a. its description (e.g., letter, memorandum, report, etc.), title and
date;
b. its subject matter;
C. its author's identity;
d. its addressee's identity;
e. its present location; and,
f. its custodian's identity;
(3) An oral communication:
a. its date;
2
SHOLLENEERGER & JAWZZI, LLP
2225 MILLENJUM WAY • ENOLA, PA 17025
(JI)) 928-3200 • PAX (17) 728-3400
b. the place where it occurred;
C. its substance;
d. the identity of the person who made the communication;
e. the identity of each person whom such communication was
and,
f. the identity of each person who was present when such
communication was made;
(4) A corporate entity:
a. its full corporate name;
b. its date and place of corporation, if known,
and,
c. its present address and telephone number;
(5) Any other context:
A description with sufficient particularity that the thing may thereafter
specified and recognized, including relevant dates and places, and tY
identification of relevant people, entities, and documents.
'Incident' means the occurrence that forms the basis of a cause of action or
claim for relief set forth in the Complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation, or
government agency.
3
SHOLLENHERGER&JAN UE I, LLP
2225 MILLENJUM WAY • ENOLA, PA 17025
(717) 728-3200 • PAX (717) 728-3600
STANDARD INSTRUCTIONS.
The following instructions are applicable to these standard interrogatories.
(1) Duty to answer. -- The interrogatories are to be answered in writing,
verified, and served upon the undersigned within thirty (30) days of their service
you.
Objections must be signed by the attorney making them. In your answers, you m St
furnish such information as is available to you, your employees, representatives, err
and attorneys. Your answers must be supplemented and amended as required b the
Pennsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immuni? of
discovery, you must identify the privilege or immunity asserted and provide
information to substantiate the claim.
(3) Option to produce documents. -- In lieu of identifying documents in
response to these interrogatories, you may provide copies of such documents
appropriate references to the corresponding interrogatories.
4
SHOLLENBERGER & IANUZZI. LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 72E3200 • PAX (717) 7283400
I . Personal Information. -- State:
a. Decedent's full name;
b. Each other name, if any, which Decedent has used or by which
has been known;
C. The name of Decedent's spouse at the time of the accident and the
and place of Decedent's marriage to such spouse;
d. The address of each residence which Decedent has had during the
five (5) years;
e. Decedent's occupation and the name and address of Decedent's
employer;
f. Date of Decedent's birth;
g. Decedent's Social Security number;
h. Decedent's military service and positions held, if any; and,
i. The schools Decedent has attended and the degrees or certificates
awarded, if any.
5
SHOLLENBERGER & IANUZZI, L LP
2225 MILLENIUM WAY • ENOLA, PA 19025
(717) 729-3200 • FAX (717) 728 3400
2. Witnesses. --
Identify each person who:
(1) was a witness to the incident through sight or hearing and/or
(2) has knowledge of facts concerning the happening of the incident or
conditions or circumstances at the scene of the incident prior o, at
the time of, or after the incident.
b. With respect to each person so identified, state that person's exact
location and activity at the time of the incident.
SHOLLENE9RGER&JANUM, LLP
2225 M[LLENIUM WAY • ENOLA, PA 19025
(917) 928-32W 0 PAX (719) 728-3400
3. Trial Witnesses. --
Identify each person you intend to call as a non-expert witness at the trial of this
case, and for each person identified, state Decedent's relationship with the
witness and the substance of the facts to which the witness is expected tot stiff
SNOLLENBERGER & ]ANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200. PAX (719) 726-3400
4. Trial Preparation Material. --
If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, cond
any investigations of the incident, identify:
each person, and the employer of each person, who conducted any
investigation(s); and,
b. all notes, reports or other documents prepared during or as a result c}f the
investigation (s) and the persons who have custody thereof.
SNOLLENBERGER & ]ANUZZI, LLP
2225 MILLEMUM WAY • ENOLA, PA 17025
(717) 729-3200 • PAX (717) 7283400
5. Interviews and Statements. --
State the name, age, address (including the street, street number, city and
occupation and place of employment of every person interviewed by you o
anyone acting on Decedent's behalf in regard to the happening of the acci
set forth in the Plaintiffs Complaint or as to Plaintiffs physical condition eit
before or after the date of the accident or as to oral statements made by th
Plaintiff concerning his/her physical condition or as to the happening of the
accident, along with the date and place of such interviews, the name of the
person conducting such interviews, and the relationship of such interviewer
Decedent.
by
nt
to
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOIA, PA 19025
(717) 928-3200 • PAX (919) 928-3400
6. Demonstrative Evidence. --
If you know of the existence of any photographs, motion pictures, video
recordings, maps, diagrams, or models relevant to the incident, state:
a. the nature or type of such item;
b. the date when such item was made;
C. the identity of the person that prepared or made each item; and,
d. the subject that each item represents or portrays.
io
SHOLLENEERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 729-3200 0 FAX (717) 728-3400
Trial Exhibits. --
Identify all exhibits that you intend to use at the trial of this matter and s
whether they will be used during the liability or damages portions of the
ii
SHOLLENEERGER & JANUZZL LLP
2225 MILLEMUM WAY • ENOLA, PA 17025
(717) 72&3200 0 FAX (717) 728-3000
8. Has the Plaintiff to this cause ever made any oral statements regarding the
happening of this accident, the events immediately preceding the accident r as
to the nature and extent of his/her injuries received in this accident. If so, lis t the
dates and locations such statements were made, the names and addresses of
those persons to who said statements were made and names and address s of
all other persons who heard or were present at the time said statements w r e
made.
12
SHOLLENBERGER & ]ANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(719) 728-3200 • FAX (919) 729-3400
9. Did Decedent or anyone acting in Decedent's behalf submit any notes,
statements or memorandums to Decedent's insurance liability carrier c
this incident? If so, state the date when such report or statement was i
the person or persons to whom it was made.
13
ran s,
ng
nd
SHOLLENBERGER & JANUZ 1, LLP
2225 MILLENNM WAY • ENOIA, PA 17025
(717) 729-3200 • FAX (712) 728-3400
10. Insurance.--
If Decedent was covered by any type of insurance, including any excess (
umbrella insurance, that might be applicable to the incident in this matter,
the following with respect to each such policy:
the name of the insurance carrier which issued the policy;
the named insured under each policy and the policy number of each
policy;
C. the type(s) and effective date(s) of each policy;
the amount of coverage provided for injury to each person, for each
occurrence, and in the aggregate, for each policy; and,
e. each exclusion, if any, in the policy which is applicable to any claim
thereunder and any reasons, if any, why you or the carrier claim the
exclusion is applicable.
14
SHOLLENEERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(919) 728-3200 0 FAX (717) 728 3400
11. Defenses. --
State with particularity the facts upon which you intend to rely in establishing any
of the following defenses:
a. that the Plaintiff was contributorily or solely negligent;
b. that the incident was caused by the negligent act of a third party or
other than the named Decedent;
C. that the incident occurred as a result of negligence on the part of no
d. that the Court lacks jurisdiction over the present action; and,
e. that the Plaintiffs claim is barred by the defense of assumption of
15
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 19025
(717) 728 32W • FAX (917) 928-3400
12. Factual Basis for Claims and Defenses. --
State with particularity the factual basis for each claim or defense you are
asserting in this case.
16
SHOLLENBERGER & JAWZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 0 PAX (717) 7283400
13. Expert Witnesses. --
Identify each expert you intend to call as a witness at the trial of this matter,) and
for each expert state:
a. the subject matter about which the expert is expected to testify; and,
b. the substance of the facts and opinions to which the expert is expect d to
testify and a summary of the grounds for each opinion. (You may B as
your answer to this interrogatory the report of the expert or have the
interrogatory answered by your expert.)
17
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENO", PA 17025
(717) 728-9200 • FAX (919) 728-3400
14. Books, Magazines, Etc. --
If you intend to use any book, magazine, or other such writing at trial, or in
depositions for use at trial, state:
a. the name of the writing;
b. the author of the writing;
C. the publisher of the writing;
d. the date of publication of the writing; and,
e. the identity of the custodian of the writing.
18
SHOLLENBERGER & IANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 0 FAX (717) 728-3400
15. Licensure. --
If Decedent was required by law or regulation to be licensed for the
which Decedent was engaged at the time of the incident, state:
a. the type of license required;
b. the date Decedent first obtained such a license;
C. the dates of issuance and expiration of Decedent's license(s);
d. the identity of the authority that issued Decedent's license(s);
e. the number of Decedent's license(s);
f. the nature and duration of any revocation or suspension of De
license(s); and,
g. the special restrictions, if any, imposed on Decedent's license.
19
SHOLLENBERGER & IANUZZI, LLP
2225 MILLBNIUM WAY • ENOLA, PA 17025
(719) 9263200 • PAX (]19) 928-3400
16. Decedent's Background. --
Has Decedent ever pleaded guilty to or been convicted of any crime in this or any
other jurisdiction other than traffic violations?
20
SHOLLENBERGER & JANMI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-32DO • PAX (719) 728-3400
17. Substance Impairment. --
If Decedent consumed any alcoholic beverage, sedative, tranquilizer, mar
cocaine, hashish, or other drug, medicine or pill during the eight (8) hours
immediately preceding the incident, state:
a. the nature, amount, and type of item consumed;
b. the amount of time over which consumed;
C. the identity of any and all persons who have any knowledge as to
consumption of those items, and,
d. the identity of the physician or medical practitioner or other person
gave, purchased or prescribed any of said items, if any.
21
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(719) 728-3200 0 PAX (717) 728-3400
18. Physical or Mental Disability. --
If Decedent was under any physical or mental disability at the time of the
incident, explain the disability.
22
SHOLLENBERGER & IANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(917) 728-3200 • PAX (717) 729-3400
19. Criminal Charges Related to Incident. --
If Decedent has been charged with any criminal violations as a result of th
incident, describe the charges and identify all documents filed or served in
connection with those charges.
23
SHOLLENHERGER & JANUZZI, UP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 - PAX (717) 728-3400
20. Has Decedent ever been charged for any violation of the motor vehicle
laws or ordinances of any state or municipality other than from the incic
referred to in the Complaint?
24
SHOLLENHERGER & JANUZZI, LLP
2225 WLLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 • PAX (717) 7283400
21. Admissions. --
if you intend to use any admission(s) of a party at trial, identify such
admission(s).
25
SHOLLENBERGER & IANUZZL LLP
2225 MILLENIOM WAY • ENOLA, PA 17025
(717) 728-3200 • FAX (717) 928-3400
22. Motor Vehicle Information. --
With respect to all motor vehicles involved in the incident, state:
a. the identities of the owner(s) and operator(s) of each vehicle;
b. the identity of the passenger(s) in each vehicle, if any; and,
C. the make, model and year of each vehicle.
26
SHOLLENBERGER & ]ANUZZI, LLP
2225 MILLENIUM WAY • ENOL PA ?025
O17) 728-3200 • FAX (717) 729-3400
23. Motor Vehicle Damage. --
With respect to any vehicle Decedent owned or operated that was involved in the
incident, state:
a. the nature of any damage existing prior to the incident;
b. the identity of any person who performed repairs to the vehicle follo?ring
the incident; II
C. the total amount of the repair bill(s), or if not yet repaired, the total
estimated cost of repairing the vehicle or the estimated value of the
damages to the vehicle (include the identity of the person furnishing
such estimate);
d. the date and place of last state inspection prior to the incident and
the person making said inspection; and,
e. the nature of any defect in or problem with the vehicle and the
time such defect or problem existed.
27
of
SHOLLENE ERGER & JANUM, LLP
2225 MILLENIUM WAY • ENO", PA 17025
(717) 729-3200 0 PAX (717) 726-3400
24. Motor Vehicle Operation. --
With respect to the vehicle Decedent operated or in which Decedent was
passenger, state:
a. the destination and the point and time of departure of the vehicle;
b. the purpose of the trip or journey in the vehicle;
C. the time and place of all stops and departures between the
commencement of the trip or journey and the time of the incident;
d. whether the operator of the vehicle was familiar with the surrounding area
of the incident; and,
e. the weather conditions at the time of the incident, including visibility
roadway conditions.
28
SHOLLENEERGER & IANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 11025
(A9) J2&3200 • PAX (119) 928-3400
25. Motor Vehicle Accident Causation. --
State in detail the manner in which the Decedent asserted that the incidenoccurred, specifying the speed, position, direction and location of each vehicle
involved during its approach to, at the time of, and immediately after the collision.
29
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 7283200 • PAX (717) 728-3400
26. Has the Decedent, or any representative of the Decedent, his/her count
or his/her insurer performed or contracted to be performed, or arranged
any way, any type of surveillance of the Plaintiff or his/her activities at a
time. If so, please identify each such person(s) or entities who have
custody of and attach a complete copy, without editing, of all reports,
memorandum, letters, electronic data or information of any type (includi
computer records), regarding such surveillance activity, along with a col
of any photographs, films, videotapes or other information, including, bu
not limited to videos, 8 mm. film and hand written notes.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
I.D. #34343
Date: L4 l 2-1105
, Esq.
G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Miller, Brent\Discovery\ROGS to ESTATE OF WILBUR.doc
30
SHOLLENBBRGER & JANUZZI, LLP
1820 LINGLESTO W ROAD • P O. BOX 60545 • HARRISBURG, PA 17106-0545
(717) 234-3700 • FAX (717) 234-8212
u -
}LU
[i
? ?
CV
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
To: S. Joanne Wilbur
404 W. Keller Street
Mechanicsburg, PA 17055
NO. Os ? dC/16,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you ar(
required to furnish at our office, on or before thirty (30) days of service hereof, a
photostatic copy or like reproduction of the materials concerning this action or it,,
subject matter which are in your possession, custody or control and which are
not protected by the attorney/client privilege; or, in the alternative, produce the
said matter at said time to permit inspection and copying thereof:
1
rJ
OF
SHOLLENEERGER &JAN)ZZI, LLP
1225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 • PAX (717) 728-3400
1. The contents of any investigation file or files, and any other
documentary material in your possession or control which support or relate to 1
allegations contained in the Plaintiffs Complaint or the allegations contained i
the Defendant's Answer and New Matter (excluding any documents or portion:
thereof found in such file whose production would disclose the mental
impressions of Defendant's attorney or his conclusions, opinions, memoranda,
notes or summaries, legal research or legal theories or would require disclosur
of the mental impressions, conclusions or opinions respecting the value or mei
of Plaintiffs claim or its defense or respecting strategy or tactics of a
representative of the Defendant other than Defendant's attorney).
ANSWER:
2. Any and all statements concerning the action, as defined by Rule
4003.4, from all witnesses including any statements from the parties herein, or
their respective agents, servants or employees.
ANSWER:
3. Any documents, including but not limited to Decedent's cell phone
or car phone records, which include the time and date of all cell or car phone
calls placed by the Decedent on the date of the collision.
ANSWER:
2
SNOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 0 FAX (717) 728-3400
4. All photographs taken or diagrams prepared of the scene of the
accident or any instrumentality involved therein.
ANSWER:
5. Any and all documents containing the names and home and
business addresses of all individuals contacted as potential witnesses.
ANSWER:
6. The face sheet and policy of insurance that covered the
on the date of the incident against the type of risk or loss involved in this case.
ANSWER:
7. Any medical reports, records, notes or other memoranda
concerning the Plaintiffs physical or emotional conditions.
ANSWER:
8. Any repair bills or estimates of damage for the vehicle the
Decedent was operating at the time of this accident.
ANSWER:
3
SROLLENEERCER & JANUZZL LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) ?283200 0 FAX (717) 728-3000
9. All accident reports prepared by the Plaintiff or on the Plaintiffs
behalf pertaining to the accident alleged in the Complaint.
ANSWER:
10. All accident reports prepared by the Decedent or on the
behalf pertaining to the accident alleged in the Complaint.
ANSWER:
11. All resumes or curriculum vitae of each and every technician or
expert whom you intend to call as a witness during the trial of this case.
ANSWER:
12. All exhibits which you intend to introduce at the trial of this action.
ANSWER:
13. A list of all witnesses, both lay and expert, which you intend to call
at the time of trial.
ANSWER:
4
SHOLLENBERGE@ & JANUZZI, LLP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 729-9200 • FAX (717) 928-3400
14. Any and all surveillance, tapes, films, motion pictures,
or other documents conducted in the nature of surveillance or as part of a
surveillance of any of the parties in this case.
ANSWER:
15. The complete "claims search summary" under the "index
including, but not limited to, any claims report that was obtained or exists with
respect to the Plaintiff.
ANSWER:
16. A photostatic copy of the owner's and operator's driver's licenses,
as well as registration card for the vehicle involved in the incident which is
subject of this law suit.
ANSWER:
5
SHOLLENBERGER & JANUM, UP
2225 MILLENIUM WAY • ENOLA, PA 17025
(717) 728-3200 • FAX (717) 729-3400
17. Any and all documents or things that are obtained through the
of a subpoena to produce documents and things pursuant to Pa.R.C.P
ANSWER:
Respectfully submitted,
SHOLLENBERGER & JANUZZI. LLP
Attorney I.D. #34343
Date: L4 ,a-IIOS
G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Miller, Brent\Discovery\RPD to Estate of Robert Wilbur.doc
SHOLLENBERGER & JANUZZI, LLP
2225 MILLENIUM W AY • ENOLA, PA 17025
(717) 2283200 • FAX (717) 728 3400
1
M
Y
?
7
V
L?t.)
L--
f
O U
LV
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiffs
BRENT MILLER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CIVIL ACTION - LAW
ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
Proof of Notice to Attorney General of Plaintiffs Chafienge to the '
Constitutionality of a Statute
TO THE PROTHONOTARY:
The undersigned certifies that on April 29, 2005 the Office of the Attorney
General received notice by registered mail of the Plaintiffs intention to challenge
the constitutionality of the following statute:
42 Pa. C.S.A. § 7102 (b.1) Recovery against joint defendant; contribution.
A copy of the return receipt is attached hereto as Exhibit A
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneya#?j4gjptiff_
By:
Timothy A. Shollenberger, Esq.
Attorney I.D. #34343
Dated: 6005
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiffs
BRENT MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-2196 CIVIL TERM
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CIVIL ACTION - LAW
ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
And now, thO* day of May, 2005, 1 hereby certify that a true and
correct copy of the foregoing Proof of Notice to Attorney General of Plaintiff's
Challenge to the Constitutionality of a Statute has been served upon the
following:
S. Joanne Wilbur
404 W. Keller Street
Mechanicsburg, PA 17055
Donald D. Dimov
210 Hempt Road
Mechanicsburg, PA 17055
SHOLLENBERGER & JANUZZI, LLP
Attorneys for laintiffs
By: 04
Timoth hollenberger, Esq.
Attorney I.D. #34343
s
d
Q
cs '
I
t
N
Z
7
m
' E .
LL
a
h7 l7
?- rJ
- (,n T1
? (Yl
?
....
i .O!ll
(;1 ??
_ ? f
uti 'i ?.
.?
(?
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER BRENT
VS
WILBUR S JOANNE ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DIMOV DONALD D the
DEFENDANT , at 1756:00 HOURS, on the 2nd day of May , 2005
at 210 HEMPT ROAD
MECHANICSBURG, PA 17055 by handing to
DONALD DIMOV
a true and attested copy of COMPLAINT & NOTICE together with
INTERROGATORIES, REQUEST FOR PRODUCTION
OF DOCUMENTS
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service 7.40
Affidavit .00
Surcharge 10.00
.00
23.40
So Answers:
R. Thomas Kline
05/03/2005
SHOLLENB
Sworn and Subscribed to before By:
me this qU- day of
?11?. 21105 A. D.
gvrdthonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER BRENT
VS
WILBUR S JOANNE ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WILBUR S JOANNE-REP OF ESTATE OF ROBERT WILBUR the
DEFENDANT , at 2124:00 HOURS, on the 29th day of April , 2005
at 404 WEST KELLER STREET
MECHANICSBURG, PA 17055 by handing to
S JOANNE WILBUR
a true and attested copy of COMPLAINT & NOTICE together with
INTERROGATORIES, REQUEST FOR PRODUCTION
F DOCUMENTS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.66
Postage .37
Surcharge 10.00
.00
35.03
Sworn and Subscribed to before
I 6r-
me this I/- day of
72j&,r oyO A. D.
Tt" -t /notary
Pro?honotarl/ '
So Answers:
R. Thomas Kline
05/03/2005
SHOLLENBERGER JANUZZI
By:
',Deputy Sheri
I
r"
TO THE PROTHONOTARY:
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C5 )Iq4,
NO: 95=z?t96 EIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
PLEASE enter the appearance of the undersigned on behalf of the Defendant, S. Joanne Wilbur,
Personal Representative of the Estate of Robert Wilbur, deceased, in the above-captioned matter.
JOHNSON, DUFFIE, STEWART & WEIDNER
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4540
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants
By
J erd6n J. Shipman, Esquire
#: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Defendant Wilbur
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the following counsel of
record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on
May 13, 2005:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
, DUFFIE, STEWART & WEIDNER
fferson J. Shipman, Esquire
#: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorneys for Defendant Wilbur
250702
T? ?
t' Il
C,' ?
f.}
i 1 i_
Rolf E. Kroll, Esquire
Pa Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114 (phone)
(717) 975-8124 (fax)
Direct Email: rkroll(e?),margolisedelstein.com
Attorney for:
Donald D. Dimov
BRENT MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF ROBERT WILBUR,
DECEASED, and DONALD D.
DIMOV,
Defendants.
NO. 05-2196 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant Donald D. Dimov only.
Respectfully submitted,
MARGOL])S EDELSTEIN,
Dated: May 16, 2005 By:
RoV E. Krgil?, Esquire'
Attorney I. No. 47243
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
Attorney for Defendant, Donald D
Dimov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
on all counsel of record by placing the same in the United States mail at Camp
Hill, Pennsylvania, first-class postage prepaid, on the /day of
qI , 2005, and addressed as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintiff)
S. Joanne Wilbur
404 West Keller Street
Mechanicsburg, PA 17055
MARGOLIS EDELSTEIN
By: C
__Ox. _mmc?
Corinne N. Driver
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
'0219L
NO. 05-L 06 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CIVIL ACTION - LAW
ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
AND NOW comes the Plaintiff, Brent Miller, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, files this Reply to New Matter of
Defendant, S. Joanne Wilbur, Personal Representative of the Estate of Robert
Wilbur, Deceased (hereinafter "Defendant'), and, in support thereof, respectfully
represents the following:
Paragraphs 1 through 27 of the Plaintiffs Complaint are incorporated
herein by reference as if set forth in full.
28. 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).
29. Said averment is denied pursuant to Pa. R.C.P. 1029(e).
30. Plaintiff was not negligent, careless and reckless in any manner
SHOLLENBERGER & JANUZ I, LLP
2225 MILLENNIUM WAY ENOLA, PA 17025
(717) 720-3200 (717) 72&3400 FAX
and it is denied that the Plaintiff was:
a. Operating a motorcycle without a proper license;
b. Operating the subject motorcycle without adequate and proper
training in the operation of same and how to avoid accidents;
c. Operating the motorcycle at a speed greater than what was
reasonable and prudent under the conditions and having
disregard for the actual potential hazards then existing in
violation of 75 Pa. C.S.A. §3361;
d. Operating the motorcycle at a speed greater than what was
reasonable and prudent when approaching and crossing a
railroad grade crossing and going around a curve in the road
approaching the area where the accident occurred in violation of
75 Pa. C.S.A. §3361;
e. Operating the motorcycle in excess of the posted speed limit in
violation of Pa. C.S.A. §3362;
f. Operating the motorcycle in careless disregard for the safety of
persons or property in violation of 75 Pa. C.S.A. §3714;
g. Failing to have the motorcycle under proper and adequate
control so as to avoid coming into contact with Mr. Wilbur's
vehicle;
h. Failing to take proper precautions and measures to avoid
colliding with the Wilbur vehicle;
i. Failing to be attentive to other motor vehicles on the roadway;
2
j. Operating the motorcycle without adequate headlamps and
lighting;
k. Operating the motorcycle without adequate protective
equipment; and
1. Operating the motorcycle without completing the necessary
safety course and driver license requirements in violation of 75
Pa. C.S.A. §7901, et seg.
31. 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).
32. 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).
33. 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).
34. 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).
35. 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).
36. The above referenced averment is a conclusion of law to which no
3
answer is required. To the extent an answer is required; same is denied
pursuant to Pa. R.C.P. 1029(e).
37. 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.
CROSS-CLAIM PURSUANT
TO PA. R.C.P. 2252(d)
S. Joanne Wilbur. Personal Representative of the
Estate of Robert Wilbur. Deceased v. Donald D. Dimov
38. Paragraphs 1 through 27 of the Plaintiffs Complaint are
incorporated herein by reference as if set forth in full.
39. This averment is directed to a party other than the Plaintiff and,
therefore, requires no answer by him.
40. This averment is directed to a party other than the Plaintiff and,
therefore, requires no answer by him.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
Attorneys for Plaintiff
400110,4
By:
Timothy A. S Ile er r, Esq.
Date: Attorney I.D. #34343
4
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
NO. 05-2106 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this day of 1, 2005, 1 hereby certify that a true
and correct copy of the foregoing Plaintiffs Reply to New Matter of Defendant, S.
Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur,
Deceased has been served upon the following, Attorneys, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108-0932
SHOLLENBERGER & JANUZZI, LLP
By:
Timotl A. S
ollenberger, sq.
5
co
Rolf E. Kroll, Esquire
Pa Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114 (phone)
(717) 975-8124 (fax)
Direct Email: rkrollC&,margolisedelstein.com
Attorney for:
Donald D. Dimov
V.
BRENT MILLER,
IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 05-2196 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF ROBERT WILBUR,
DECEASED, and DONALD D.
DIMOV,
Defendants.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT DIMOV'S ANSWER WITH NEW MATTER TO
PLAINTIFF'S COMPLAINT
AND NOW, comes Defendant Donald D. Dimov ("Mr. Dimov"), by and
through his counsel, Margolis Edelstein, to answer the Complaint of Plaintiff,
Brent Miller ("Plaintiff'), and support thereof avers the following:
1. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
2. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff s Complaint and they are, therefore, denied.
3. Admitted.
4. Admitted in part and denied in part. It is admitted, upon information and
belief, that the accident referenced in Plaintiff's Complaint occurred on the 200
block of Hempt Road, Silver Spring Township, Cumberland County,
Pennsylvania. The remainder of the allegations of this paragraph of Plaintiff's
Complaint are denied.
5. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
6. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
7. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
8. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
2
9. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averments in this
paragraph of Plaintiff's Complaint and they are, therefore, denied.
10. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
11 a-gg. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
12. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
13. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
14. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
15. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
16. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
17. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied.
18. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
4
denied.
19. Denied. After reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the
averments in this paragraph of Plaintiff's Complaint and they are, therefore,
denied. By way of further answer, this allegation of Plaintiff's Complaint states a
conclusion of law to which no responsive pleading is required and the same is,
therefore, denied.
21. (sic) Denied. This allegation of Plaintiff's Complaint states a
conclusion of law to which no responsive pleading is required and the same is,
therefore, denied.
WHEREFORE, Defendant Dimov demands judgment in his favor and
against Plaintiff with costs of suit assessed to Plaintiff.
COUNT 11
BRENT MILLER V. S. JOANNE WILBUR PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT WILBUR, DECEASED
22. Paragraphs 1 through 21 are incorporated herein by reference as if set
forth in full.
23a-h. The paragraphs of this count are directed to a Defendant other than
answering Defendant and, accordingly, no responsive pleading thereto is required
and the same are, therefore, denied.
WHEREFORE, Defendant Dimov demands judgment in his favor and
against Plaintiff with costs of suit assessed to Plaintiff.
COUNT III
BRENT MILLER V. DONALD D. DIMOV
24. Paragraphs 1 through 23 are incorporated herein by reference as if set
forth in full.
25. Denied as stated. At all times relevant hereto, the township has had an
easement from the area adjacent to the telephone pole to the center of the road. At
all times relevant hereto, the township has taken over responsibility for
maintenance of this portion of the property, including the area that bordered the
east berm of Hempt Road, adjacent to the driveway Robert Wilbur allegedly
pulled out from.
26. Denied. This allegation of Plaintiff's Complaint is denied as a
conclusion of law and is further denied as being factually and legally incorrect.
27. Denied. It is specifically denied that Mr. Dimov's conduct had
anything to do with the happening of this accident. It is further denied that Mr.
Dimov's placement of his mailbox was either negligent or a causal factor in
6
happening of this accident. Finally, it is denied that Mr. Dimov allowed any
vegetation to grow up on the unimproved portion of his property and it is further
denied that Mr. Dimov is responsible for trimming said vegetation to the extent
said vegetation did grow. Finally, Mr. Dimov denies that any vegetation in
question had any causal relationship on the happening of this accident and strict
proof to the contrary is demanded at trial.
WHEREFORE, Defendant Dimov demands judgment in his favor and
against Plaintiff with costs of suit assessed to Plaintiff.
NEW MATTER
1. Plaintiff's claims are or may be barred by the applicable statute of
limitations.
2. Plaintiff's claims are or may be barred by the doctrines of contributory
and/or comparative negligence.
3. Plaintiff's claims are or may be barred by the doctrine of assumption of
the risk.
4. Plaintiff's claims are or may be barred by the terms of the Pennsylvania
Motor Vehicle Financial Responsibility Law, 75 Pa. Con Stat § 1701 et seq.
including, but not limited to Plaintiff's election of the limited tort option.
5. Plaintiff's claims are or may be barred pursuant to the terms of a release.
7
6. Plaintiff's claims are or may be barred by the doctrine of sudden
emergency.
7. Plaintiff's claims may be the result of individuals or entities other than
answering Defendant and over which answering Defendant has no control.
8. The active negligence of others supercedes any passive negligence on the
part of Defendant Dimov, which negligence is specifically denied.
WHEREFORE, Defendant Dimov demands judgment in his favor and
against Plaintiff with costs of suit assessed to Plaintiff.
NEW MATTER IN THE NATURE OF A CROSS CLAIM PURSUANT TO
Pa.R.C.P. No. 2252(d)
9. Paragraphs 1 through 27 are incorporated herein by reference as if set
forth in full.
10. Plaintiff's Complaint names as a Defendant, S. Joanne Wilbur, Personal
Representative of the Estate of Robert Wilbur. To the extent that Plaintiff
establishes a claim against Mr. Dimov, S. Joanne Wilbur, on behalf of Robert
Wilbur, is solely liable, jointly and severally liable with Mr. Dimov, or is liable
over to Mr. Dimov and this claim is brought to protect Mr. Dimov's rights of
contribution and indemnity.
8
WHEREFORE, Defendant Dimov demands judgment in his favor and
against Plaintiff with costs of suit assessed to Plaintiff. However, if any liability is
found against Defendant Dimov, which liability is specifically denied, then S.
Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur, Deceased,
is solely liable for said damages, is liable over to Defendant Dimov or is jointly
and severally liable with Defendant Dimov. All liability on the part of Defendant
Dimov being specifically denied.
Respectfu su mitted,
MAR LIS ?ELST,F
Dated: June 9, 2005 By:
Rdlf Y. Kr 1, squire `
At rney I. No. 47243
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
Attorney for Defendant, Donald D. Dimov
9
VERIFICATION
I, Donald D. Dimov, have read the foregoing Answer with New Matter
which has been drafted by my counsel. The factual statements contained therein
are known by me and are true and correct to the best of my knowledge, information
and belief.
This statement and verification is made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsifications to authorities, which
provides that, if I knowingly make false averments, I may be subject to criminal
penalties.
Date:
Donald D. Dimov
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
on all counsel of record by placing the same in the United States mail at Camp
Hill, Pennsylvania, first-class postage prepaid, on the day of
S. ?16 , 2005, and addressed as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
(Attorney for Plaintifj)
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
(Attorney for S. Joanne Wilbur)
MARGOLIS EDELSTEIN
By:
Corinne N. Driver
?) h:l {?
__ .:'? ?
CJ-1
j I' ?.
-
., ... .
r• ?,
_ W `-3 t ?3
i-?;
?
?'? -
_
-?' • ?
.? _,.?
G? `'
_ .. 1r?.
„ h + -'
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4540
BRENT MILLER,
PLEAS OF
PENNSYLVANIA
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D, DIMOV,
Defendants
Attorney for Defendant
IN THE COURT OF COMMON
CUMBERLAND COUNTY,
NO: 05-2196 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, comes the Defendant, S. Joanne Wilbur, Personal Representative of
the Estate of Robert Wilbur, Deceased, by and through Johnson, Duffie, Stewart &
Weidner, and files the following Answer to Cross-Claim of Defendant Donald D. Dimov:
9. Mrs. Wilbur incorporates herein by reference her answers to Paragraphs 1
through 27 of the Complaint as though fully set forth herein at length.
10. Denied. The averments contained in Paragraph 10 are conclusions of law
and fact to which no response is required. If a response is deemed to be required, the
averments contained therein are specifically denied.
WHEREFORE, the Defendant, S. Joanne Wilbur, personal representative of the
Estate of Robert Wilbur, deceased, respectfully requests that judgment be entered in
her favor and that any all claims being asserted against S. Joanne Wilbur, personal
representative of the Estate of Robert Wilbur, deceased, be dismissed with prejudice.
Respectfully submitted,
DUFFIE, STEWART & WEIDNER
DATE:
rneys I. D. #: 51785
31 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
Attorneys for Defendant Wilbur
VERIFICATION
PURSUANT TO PA. R.C.P. NO. 1024(c)
Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing
the foregoing document; that he makes this affidavit as an attorney, because the party
he represents lacks sufficient knowledge or information upon which to make a
verification and/or because he has greater personal knowledge of the information and
belief than that of the party for whom he makes this affidavit; and that he has sufficient
knowledge or information and belief, based upon his investigation of the matters
averred or denied in the foregoing document; and that this statement is made subject to
the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
DATE:
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the following counsel
of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne,
Pennsylvania, on June 15, 2005:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA. 17108-0932
Attorneys for Defendant Dimov
, DUFFIE, STEWART & WEIDNER
1.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorneys for Defendant Wilbur
251279
rJ
{1 r'j
?'t?
T T?
G - ?l r
G" -'C;
rO _.;
f9%
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-2196 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CIVIL ACTION - LAW
ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
AND NOW comes the Plaintiff, Brent Miller, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, files this Reply to New Matter and Cross
Claim Pursuant to Pa. R.C.P. 2252(d) of Defendant Donald D. Dimov (hereinafter
"Defendant'), and, in support thereof, respectfully represents the following:
Paragraphs 1 through 27 of the Plaintiffs Complaint are incorporated
herein by reference as if set forth in full.
1. 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).
2. 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).
3. 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).
4. 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).
5. 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).
6. 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).
7. 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).
8. 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.
9. Paragraphs 1 through 27 of the Plaintiffs Complaint are
incorporated herein by reference as if set forth in full.
10. This averment is directed to a party other than the Plaintiff, and,
therefore, requires no answer by them.
WHEREFORE, the Plaintiff respectfully requests that the Defendant's New
Matter in the Nature of a Cross Claim Pursuant to Pa. R.C.P. No. 2252(d) be
dismissed, to the extent that it demands judgment in his favor and against
Plaintiff with all costs of suit assessed to Plaintiff and Judgment entered in favor
of the Plaintiff as a matter of law.
Respectfully :submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
4. Shollenberger
I.D. No.: 34343
Date: U ( i -Z 1 OS
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
BRENT MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 05-2196 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF CIVIL ACTION - LAW
ROBERT WILBUR, DECEASED AND JURY TRIAL DEMANDED
DONALD D. DIMOV,
Defendants
AND NOW, this 1=1?ay of -:Rk-Oc- , 2005, 1 hereby certify that a true
and correct copy of the foregoing Plaintiff's Reply to New Matter and Cross Claim
Pursuant to Pa. R.C.P. 2252(d) of Defendant, Donald D. Dimov, has been served
upon the following, Attorneys, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108-0932
SHOLLENBERGER & JANUZZI, LLP
ByAhy Wallep6eXrer,
n
t._ ?r .?
.
c _-
rn
.
°N r
_ci'
?7
1
? ? ?`'?
ern
?
h> :?
r
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, comes the Plaintiff, by and through his attorneys,
Shollenberger & Januzzi, LLP, files this Motion for Consolidation, and in support
thereof, avers as follows:
1. On or about April 27, 2005, Plaintiff commenced an action against S.
JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED and DONALD D. DIMOV. Said
1
action was filed in Cumberland County and assigned Docket Number 05-
2196. (The Complaint is attached hereto as Exhibit "A".)
2. On or about June 23, 2005, Plaintiff also commenced an action by filing a
Writ of Summons against HAROLD J. and VIRGINIA R. WILBUR, DANIEL
GREGORY AND CATHY L. WITMER, BRYAN C. AND DENISE S.
BROOKS and SILVER SPRING TOWNSHIP, followed by a Complaint
which was filed on August 11, 2005. Said action was filed in Cumberland
County and assigned Docket Number 05-3213. (The Writ of Summons
and Complaint are attached hereto as Exhibit "B".)
3. The above-referenced actions, as can be seen from the review of the
enclosed Complaints, involve common questions of fact inasmuch as the
underlying facts giving rise to the claim are similar against all Defendants.
4. Plaintiff believes and therefore avers that it will avoid unnecessary costs
and speed the resolution of both actions to have them consolidated.
5. All parties, by their respective counsel, have concurred in Plaintiffs Motion
and wish to consolidate the two actions.
6. Pursuant to Pa.R.C.P. 213, the Court may order the consolidation of
cases based upon the motion of any party.
2
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court
grant its Motion and order the consolidation of the two actions referenced
herein.
Respectfully submitted,
3
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
**k#**kk**k*k*k*#*k#*kk**#k*******k**kk#*kk***k
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
On this 121k day of O. 2005, I, Timothy A. Shollenberger,
Esq., hereby certify that I have served a copy of the foregoing Motion for Consolidation
upon the following, by depositing same in the U.S. Mail, postage prepaid, addressed to:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Counsel for Defendant S. Joanne Wilbur)
Rolf Kroll, Esquire
Margolis Edelstein
4
P.O. Box 932
Harrisburg, PA 17108-0932
(Counsel for Defendant Donald D. Dimov)
Christine E. Munion, Esq.
William J. Devlin, Jr. & Associates
100 West Elm Street, Suite 200
Conshohocken, PA 19428
(Counsel for Defendant Silver Spring Township)
Thomas E. Brenner, Esquire
Goldberg, Katzman
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108
(Counsel for Defendants Daniel and Cathy Witmer)
John Flounlacker, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(Counsel for Defendants Bryan and Denise Brooks)
Christopher Reeser, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(Counsel for Defendants Harold and Virginia Wilbur)
SHOLL ER &JANUZZI, LLP
PffitftWy . Sholle be er, squire
PA ID No. 34343
5
n>
C) r? O
u>
-1
N -n
_[JP
L
=rn
RECEIVED SEPV :Th
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this day of , 2005, upon review and
consideration of Plaintiff's Motion for Consolidation, it is hereby ORDERED that
the actions filed at Number 05-2196 and Number 0-5=23 of this Court are
consolidated and the new caption shall req,t- indicated ove.
BY THE
,o
?o
5
J.
#16574-TM
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
649 South Avenue, Unit 7
P.O. Box 307
Secane, PA 19018
610 328-2887
Attorney I.D.#52634
Attorney for Plaintiff
Wells Fargo Bank, N.A., successor by merger to
Wells Fargo Home Mortgage, Inc.
3476 Stateview Boulevard
Fort Mill SC 29715
PLAINTIFF
vs.
Daniel Lugaro and Doris Lugaro
38 Central Boulevard
Camp Hill, PA 17011
DEFENDANTS
COURT OF COMMON PLEAS
Cumberland COUNTY
NO: 05-02126 Civil Term
MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT
Movant, by its counsel, Martha E. Von Rosenstiel, Esquire, moves this Honorable
Court for an Order directing service of the Complaint and all subsequent notices upon the above
captioned defendant(s) by regular mail and certified mail and by posting of the premises and in
support thereof avers the following:
1. Plaintiff has been unable to serve Complaint on Defendant Doris Lugaro. The
Sheriffs Return's of no Service are attached hereto as Exhibit I and II.
2. Pursuant to Pennsylvania Rules of Civil Procedure 430, plaintiff has made a good
faith effort to locate the defendant Doris Lugaro.
3. An Affidavit of Reasonable Investigation setting forth the specific
inquiries made and the results therefore is attached hereto as Exhibit III.
WHEREFORE, as plaintiff respectfully requests this Honorable Court enter an Order to
Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint and all subsequent
notices by certified and regular mail and by posting of the mortgaged
Martha E. Von Rosenstiel
Attorney for Plaintiff
Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff
Martha E. Von Rosenstiel
649 South Avenue, Unit 7
P.O. Box 307
Secane, PA 19018
(610) 328-2887
Attorney I.D. #52634
Wells Fargo Bank, N.A., successor by merger to COURT OF COMMON PLEAS
Wells Fargo Home Mortgage, Inc. Cumberland COUNTY
3476 Stateview Boulevard
Fort Mill SC 29715
PLAINTIFF
vs.
Daniel Lugaro and Doris Lugaro
38 Central Boulevard
Camp Hill, PA 17011
DEFENDANTS
NO: 05-02126 Civil Term
MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure 430(a) specifically provides:
(a) If service cannot be made under the applicable rule the plaintiff may move the
Court for a special order directing the method of service. The Motion shall be accompanied by
an Affidavit stating the nature and extent of the investigation, which has been made to determine
the whereabouts of the defendant and the reasons why service cannot be made. Note: A
sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new
forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa. Super.
362, 357 A.2d 580 (1976). Notice of intended ad option mailed to last known address required a
"good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d
603 (1976). An illustration of good faith effort to locate the Defendant includes (1) inquiries of
postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part
265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3)
examination of local telephone directories, voter registration records, local tax records, and
motor vehicle records.
As set forth in the Sheriffs Returns of no Service, marked Exhibit I and II, the Sheriff
has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the
defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation,
marked Exhibit III.
WHEREFORE, plaintiff respectfully requests service of the Complaint, and all
subsequent notices by certified and regular mail and by posting of the mortgaged premises by the
Sheriff.
Respectfully
Martha E. Von Rosenstiel
Attorney for Petitioner
Martha E. Von Rosenstiel, P.C.
Martha E. Von Rosenstiel
649 South Avenue, Unit 7
Attorney for Plaintiff
P.O. Box 307
Secane, PA 19018
(610) 328-2887
Attorney I.D. #52634
Wells Fargo Bank, N.A., successor by merger to
Wells Fargo Home Mortgage, Inc.
3476 Stateview Boulevard
Fort Mill SC 29715
PLAINTIFF
COURT Ol, COMMON PLEAS
Cumberland COUNTY
NO: 05-02126 Civil Term
VS.
Daniel Lugaro and Doris Lugaro
38 Central Boulevard
Camp Hill, PA 17011
DEFENDANTS
VERIFICATION
MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, being duly sworn
according to law deposes and says that she is the attorney for the plaintiff in the foregoing action;
that she is duly authorized to make this verification on behalf of the plaintiff; that she is fully
familiar with the facts in this matter; and that the statements made in the foregoing Motion for
Service of the Complaint and all subsequent notices Pursuant to Special Oder of Court are true
and correct to the best of her knowledge, information and belies:
Martha E. 'Von Rosenstiel
(offtLQ of f4E oShcriff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
WELLS FARGO BANK NA
vs
• LUGARO DANIEL
Sheriff's Return
No. 0747-T - - -2005
OTHER COUNTY NO. 05-2126
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for LUGARO DORIS
the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, April 28, 2005
HAVE FILED BANKRUPTCY BK1-04-06021 W p ?Fa v,p
-LkI v `05
Sworn and subscribed to
before me this 29TH day of APRIL, 2005
lla*- A--"I
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept 1, 2006
So Answers,
?AIC-
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs:$37.25 PD 04/26/2005
rXMBIT -::? RCPT NO 206253
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-02126 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
WELLS FARAGO BANK NA
VS
LUGARO DANIEL ET AL
MM
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LUGARO DORIS but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
NOT FOUND , as to
the within named DEFENDANT , LUGARO DORIS
38 CENTRAL
CAMP HILL, PA 17011
DEFENDANT DOES NOT LIVE AT 38 CENTRAL BLVD CAMP HILL
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
21.00
So answe /
R. Thomas ine
Sheriff of Cumberland County
MARTHA VON ROSENSTIEL
05/03/2005
Sworn and subscribed to before me
this
A. D.
day of
Prothonotary
rXH'BITI--
IhIS
Inhouse Investigation Services
649 South Avenue, Unit 7
Secane, PA 19018
(610) 328-2887
WELLS FARGO BANK, N.A., : COURT OF COMMON PLEAS
SUCCESSOR BY MERGER TO WELLS
FARGO HOME MORTGAGE, INC.
: OF CUMBERLAND COUNTY
VS.
DANIEL LUGARO AND DORIS
LUGARO
: 05-02126 CIVIL TERM
AFFIDAVIT OF GOOD FAITH INVESTIGATION
RE: Lugaro
PROPERTY ADDRESS: 38 Central Boulevard, Camp Hill, PA 17011
SEARCH OF TELEPHONE DIRECTORIES (BY ADDRESS):
A search for the property address 38 CENTRAL BOULEVARD, CAMP HILL, PA 17011
produced no results. A search for the property addresses 1521 HIGH POINTE DRIVE, APT. D,
HARRISBURG, PA 17110-9240 produced no results.
SEARCH OF TELEPHONE DIRECTORIES (BY NAME):
A search for the names DANIEL LUGARO AND DORIS LUGARO in the Commonwealth of
Pennsylvania produced no results.
NEIGHBOR CONTACTS: Inquiries with the neighbors of 38 Central Boulevard produced no
information. Inquiries with the neighbors of 1521 High Pointe Drive produced no information.
POSTAL ENQUIRY: Inquires with the US Postal Service in CAMP HILL, PA 17011-9997,
confine that for both Daniel Lugaro And Doris Lugaro "Moved, left forwarding address", but
no further information was given. Inquires with the US Postal Service in HARRISBURG,
PA17107-9997 confirm that "mail is delivered to the address given" for both.
1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF GOOD FAITH INVESTIGATION ARE TRUE
AND CORRECT.
I UNDERSTAND TH T FAL E STATEMENTS HEREIN ARE MADE SUBJECT TO TIRE PENALTIES OF 18 PA C.S. SECTION
4904 RELATING.T W RN FALSIFICATION TO AUTHORITIES.
By File 416574-TM
Ka a ger anager
EXHIBIT
File #16574-TM
Date: June 17, 2005
Postmaster
United States Postal Service
10 W Main St
Camp Hill, PA 17011-9997
ADDRESS INFORMATION REQUEST
Please furnish the new address, if available, for the following individual or verify whether or not the
address given below is one at which mail for this individual is being delivered. If the following address is
a post office box, please famish the street address as recorded on the boxholder's application form.
Name: Daniel Lugaro
Last known address: 38 Central Boulevard, Camp Hill, PA 17011
The information is provided in accordance with 39 CFR 265.8 (d)(6)(u). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with
39 CFR 265.6(d)(1) and (2), 39 CFR 265.9(g)(5)(ii) and corresponding Administrative Support Manual
352.44a and b.
1. Capacity of requester is for Martha Von Rosenstiel, Esquire.
2. Statute or regulation that empowers me to serve process is 231 Pa.Code Rules 400.1
3. The names of all known parties to the litigation: Wells Fargo Bank, N.A., successor by merger
to Wells Fargo Home Mortgage, Inc. vs. Daniel Lugaro and Doris Lugaro
4. The Court in which the case has been or will be heard: Court of Common of Cumberland County
5. The docket or other identifying number if one has been issued: 05-02126 Civil Term
6. The capacity in which the individual is to be served is as a defendant.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE: CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE UP TO $10,000 OR IMPRISONMENT OR TO AVOID PAYMENT OF
THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18
U.S.C. SECTION 1001)
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS
REQUIRED A WILL BE USED SOLELY FOR THE SERVICE OF LEGAL, PROCESS IN CONNECTION WITH
THE CT PROSPECTIVE LITIGATION.
649 South A V e.. Unit #7
SIGIA?TLAE ADDRESS
Kate Klinger Secane. PA 19018
PRINTED NAME CITY, STATE AND ZIP CODE
FOR POST OFFICE USE ONLY
[ ] Mail is delivered to the address given
[ ] No change of address order on file
[ ] Not known at address given
'Moved, left forwarding address
[ ] No such address
[ ] Other (Specify)
NEW ADDRESS OR BOXHOLDER'S STREET
pN 1 70i
POST OFFICE STAMP ` J\ y tCV6
Date: June 17, 2005
Postmaster
United States Postal Service
10 W Main St
Camp Hill, PA 17011-9997
ADDRESS INFORMATION REQUEST
File #16574-TM
Please furnish the new address, if available, for the following individual or verify whether or not the
address given below is one at which mail for this individual is being delivered. If the following address is
a post office box, please furnish the street address as recorded on the boxholder's application form.
Name: Doris Lugaro
Last known address: 38 Central Boulevard, Camp Hill, PA 17011
The information is provided in accordance with 39 CFR 265.8 (d)(6)(u). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with
39 CFR 265.6(d)(1) and (2), 39 CFR 265.9(g)(5)(ii) and corresponding Administrative Support Manual
352.44a and b.
7. Capacity of requester is for Martha Von Rosenstiel, Esquire.
8. Statute or regulation that empowers me to serve process is 231 Pa.Code Rules 400.1
9. The names of all known parties to the litigation: Wells Fargo Bank, N.A., successor by merger
to Wells Fargo Home Mortgage, Inc. vs. Daniel Lugaro and Doris Lugaro
10. The Court in which the case has been or will be beard: Court of Common of Cumberland County
11. The docket or other identifying number if one has been issued: 05-02126 Civil Term
12. The capacity in which the individual is to be served is as a defendant.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE UP TO $10,000 OR IMPRISONMENT OR TO AVOID PAYMENT OF
THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18
U.S.C. SECTION 1001)
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS
REQUIR D.AND WILL BE USED SOLELY FOR THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH
THE 7OR PROSPECTIVE LITIGATION.
C?
649 South Ave.. Unit #7
I ADDRESS
Kate Klinger Secane. PA 19018
PRINTED NAME CITY, STATE AND ZIP CODE
FOR POST OFFICE USE ONLY
,,- ',PAi
[ ] Mail is delivered to the address given NEW ADDRESS OR BOXHOLDE
[ ] No change of address order on file 0, 1%
[ ] Not known at address given Cr
] Moved, left forwarding address
No such address
[ ] Other (Specify) POST OFFICE STAMP USei
WhitePages.com - Online Directory Assistance
Page 1 of 1
We're sorry. Your search returned no results.
Please verify that your information was entered correctly, or try again with a broader
range of search information.
Reverse Address Search
Help
Street Number
38
(e.g. "742")
Street Name
Central Boule,
(e.g. "Evergreen Terrace")
City or ZIP/Postal Code
Carp ",,
State or Province
Pennsylvania
r- Include surrounding area
Search
» Automate repetitive searches
» Create mailing lists online
» Find Email Addresses
* required
http://www.whitepages.com/i000I/search... 8/20/05
WhitePages.com - Online Directory Assistance
JURINA, JAMES J JRmore info
36 Central Blvd
Camp Hill, PA 17011 C3??S u30-
(717) 761-0196
http://www.whitepages.com/10001/search/...
Page 1 of 1
9/01/05
Date: June 17, 2005
Postmaster
United States Postal Service
1425 Crooked Hill Rd
Harrisburg, PA 17107-9997
ADDRESS INFORMATION REQUEST
File #16574-TM
Please furnish the new address, if available, for the following individual or verify whether or not the
address given below is one at which mail for this individual is being delivered. If the following address is
a post office box, please fumish the street address as recorded on the boxholder's application form.
Name: Daniel Lugaro
Last known address: 1521 High Point-Dr., Apt D. Harrisburg., Pa 17110 "e'
The information is provided in accordance with 39 CFR 265.8 (d)(6)(u). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with
39 CFR 265.6(d)(1) and (2), 39 CFR 265.9(g)(5)(ii) and corresponding Administrative Support Manual
352.44a and b.
1. Capacity of requester is for Martha Von Rosenstiel, Esquire.
2. Statute or regulation that empowers me to serve process is 231 Pa.Code Rules 400.1
3. The names of all known parties to the litigation: Wells Fargo Bank, N.A., successor by merger
to Wells Fargo Home Mortgage, Inc. vs. Daniel Lugaro and Doris Lugaro
4. The Court in which the case has been or will be heard: Court of Common of Cumberland County
5. The docket or other identifying number if one has been issued: 05-02126 Civil Term
6. The capacity in which the individual is to be served is as a defendant.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE UP TO 510,000 OR IMPRISONMENT OR TO AVOID PAYMENT OF
THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18
U.S.C. SECTION 1001)
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS
REQUIRED AND ILL BE USED SOLELY FOR THE SERVICE OF LEGAL, PROCESS IN CONNECTION WITH
THE A TU O P OSPECTIVE LITIGATION.
ISOM 649 South Ave., Unit #7
ADDRESS
Kate Klinger Secane. PA 15)018
PRINTED NAME CITY, STATE AND ZIP CODE
Mail is delivered to the address given
j ] No change of address order on file
[ ] Not known at address given
j ] Moved, left forwarding address
[ ] No such address
[ ] Other (Specify)
USE ONLY
NEW ADDRESS OR BOXHOLDER'S STREET ADDRESS
POST OFFICE STAMP
JUL
?? y
File #16574-TM
Date: June 17, 2005
Postmaster
United States Postal Service
1425 Crooked Hill Rd
Harrisburg, PA 17107-9997
ADDRESS INFORMATION REQUEST
Please furnish the new address, if available, for the following individual or verify whether or not the
address given below is one at which mail for this individual is being delivered. If the following address is
a post office box, please furnish the street address as recorded on the boxholder's application f
Name: Doris Lugaro p-y
Last known address: 1521 High PointitDr., Apt D. Harrisburg, Pa 17110
The information is provided in accordance with 39 CFR 265.8 (d)(6)(u). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with
39 CFR 265.6(d)(1) and (2), 39 CFR 265.9(g)(5)(ii) and corresponding Administrative Support Manual
352.44a and b.
7. Capacity of requester is for Martha Von Rosenstiel, Esquire.
8. Statute or regulation that empowers me to serve process is 231 Pa.Code Rules 400.1
9. The names of all known parties to the litigation: Wells Fargo Bunk, N.A., successor by merger
to Wells Fargo Home Mortgage, Inc. vs. Daniel Lugar and Doris Lugaro
10. The Court in which the case has been or will be heard: Court of Common of Cumberland County
11. The docket or other identifying number if one has been issued: 05-02126 Civil Term
12. The capacity in which the individual is to be served is as a defendant.
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE THE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH THE ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE UP TO $10,000 OR IMPRISONMENT OR TO AVOID PAYMENT OF
THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18
U.S.C. SECTION 1001)
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS
REQUIRED A D WILL BE USED SOLELY FOR THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH
THE ?U OR PROSPECTIVE LITIGATION.
649 South Ave.. Unit #7
N ADDRESS
Kate Klinger Secane. PA 19018
PRINTED NAME CITY, STATE: AND ZIP CODE
FOR POST OFFICE USE ONLY
[bail is delivered to the address given
[ ] No change of address order on file
[ ] Not (mown at address given
[ ] Moved, left forwarding address
[ ] No such address
[ ] Other (Specify)
NEW ADDRESS OR BOXHOLDER'S STREET ADDRESS
POST OFFICE STAMP
WhitePages.com - Online Directory Assistance
Page 1 of 1
We're sorry. Your search returned no results.
Please verify that your information was entered correctly, or try again with a broader
range of search information.
Reverse Address Search
Help
Street Number
tszt
(e.g. "742")
Street Name
High Point Dri,
(e.g."Evergreen Terrace")
City or ZIP/Postal Code
harrisburg
State or Province
Pennsylvania
Include surrounding area
Search
n Automate repetitive searches
Create mailing lists online
Find Email Addresses
* required
http://www.whitepages.com/l0001/search... 8/20/05
WhitePages.com - Online Directory Assistance
PAULHAMUS, Tmore info
1519 -E High Pointe Dr Q??W ?? \ ?n.? ? V?
Harrisburg, PA 17110
(717) 213-0202
http://www.whitepages.com/10001/search/...
Page 1 of 1
9/02/05
WhitePages.com - Online Directory Assistance
Page 1 of 1
We're sorry. Your search returned no results.
Please verify that your information was entered correctly, or try again with a broader
range of search information.
People Search
Help
First Names Begins with
Daniel
Last Name* r Begins with
Lugaro
City or ZIP/Postal Code
I
State or Province
I Pennsylvania .,
Include surrounding area
Search
» Automate repetitive searches
» Create mailing lists online
» Find Email Addresses
* required
http://www.whitepages.com/I0001/search... 8/20/05
Whitepages.com - Online Directory Assistance
Page 1 of 1
We're sorry. Your search returned no results.
Please verify that your information was entered correctly, or try again with a broader
range of search information.
People Search
`1 Help
First Name
Doris
Last Name*r
Lugaro
Begins with
Begins with
City or ZIP/Postal Code
I
State or Province
I Pennsylvania
r Include surrounding area
Search.
» Automate repetitive searches
» Create mailing lists online
» Find Email Addresses
* required
http://www.whitepages.com/10001/search... 8/20/05
ca
!l ??
'T7
U? .--i
'1= ^s?
C t't' ?:c
? ?
S
Lti
?? ??
-n `??..y
? ??i n
s
W -
_.,,
a ?
Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
Jennifer L. Cohen, Esquire
I.D. No. 93019
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jjs@jdsw.com
Attorneys for Defendant
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
Plaintiff
NO. 05-2196
V.
CIVIL ACTION - LAW
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE JURY TRIAL DEMANDED
ESTATE OF ROBERT WILBUR,
DECEASED, and DONALD D.
DIMOV,
Defendants
DEFENDANT'S REPLY TO RULE TO SHOW CAUSE
Defendant, S. Joanne Wilbur, personal representative of the Estate of Robert
Wilbur, deceased, by and through her counsel, Johnson, Duffie, Stewart & Weidner,
files the within Reply to Rule to Show Cause, and in support thereof, states as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part, Denied in part. It is admitted that Plaintiff was
operating his motorcycle on Hempt Road in Silver Spring Township. The balance of the
averment in paragraph 4 is denied as stated.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Denied as a conclusion of law.
10. Denied as a conclusion of law.
11. Admitted in part, Denied in part. It is admitted, upon information and
belief, that Defendant Dimov is an owner of real property located near to where the
accident occurred. The balance of the averment is denied as a conclusion of law.
12. Denied as a conclusion of law.
13. Admitted.
14. Admitted in part, Denied in part. It is admitted that Defendant S.
Joanne Wilbur, as a personal representative of the Estate of Robert Wilbur, Deceased,
was named as a Defendant in another related lawsuit (Cumberland County Court of
Common Pleas, Docket No. 05-2196). The balance of the averment is denied.
Defendant Wilbur will be prejudiced if she must defend two actions that are based on
the same occurrence.
15. Admitted. By way of further answer, this Motion to Join Defendant S.
Joanne Wilbur as an additional Defendant is moot as pursuant to an Order of Court
dated October 4, 2005 which granted Plaintiffs Motion to Consolidate Actions Filed at
No. 05-2196 and 05-3213 in the Court of Common Pleas of Cumberland County.
Attached as Exhibit "A" is the Order of Court dated October 4, 2005 which consolidated
such actions.
16. Admitted.
WHEREFORE, Defendant S. Joanne Wilbur respectfully requests that this
Honorable Court deny Defendant Silver Spring Township's Motion for Leave to Join
Additional Defendant S. Joanne Wilbur as such matter is moot.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
efferso ; J. Shipman
D. No. 51785
Jennifer L. Cohen
I. D. No. 93019
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
csj:261662
22740-1922
EXHIBIT A
RECEWED SEP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-21.96 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this `f day of , 2005, upon review and
consideration of Plaintiffs Motion for Consolidation, it is hereby ORDERED that
the actions filed at Number 05-2196 and Number 0 - 3 of this Court are
consolidated and the new caption shall read-al indicated ?ftove.
BY THE COU
J.
CERTIFICATE OF SERVICE
AND NOW, this Jay of October, 2005, the undersigned does hereby
certify that she did this date serve a copy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class
postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA. 17108-0932
Attorneys for Defendant Dimov
JOHNSON, DUFFIE, STEWART & WEIDNER
By:?
Carle? S. Jensen
T ^
l u?
. rn
W ?{
Thomas E. Brenner, Esquire
Goldberg Katzman, P.C.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendants Cathy Witmer and Daniel Gregory Witmer
BRENT MILLER,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND CO., PENNSYLVANIA
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF ROBERT WILBUR,
DECEASED, and DONALD D.
DIMO V,
Defendants
NO. 05-2196 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
BRENT MILLER,
V.
Plaintiff
HAROLD J. AND VIRGINIA R.
WILBUR, DANIEL GREGORY
AND CATHY L. WITMER,
BRYAN C. AND DENISE S.
BROOKS, and SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 05-3213 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
REPLY OF DEFENDANTS DANIEL GREGORY WITMER AND
CATHY L. WITMER TO THE CROSS-CLAIM OF
DEFENDANTS BRIAN AND DENISE BROOKS
AND NOW, come Defendants Daniel Gregory Witmer and Cathy L. Witmer, by
their attorneys, Goldberg Katzman, P.C., who state:
55. Denied. The paragraph states a series of legal conclusions to which no
response is necessary.
WHEREFORE, Defendants Daniel Gregory Witmer and Cathy L. Witmer
request that the Cross-claim of Defendants Brian and Denise Brooks be dismissed, with
prejudice.
GOLDBERG KATZMAN, P.C.
By
Thomas E. Brenner, Esquire
Attorney ID #32085
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendant Cathy Witmer
and Daniel Gregory Witmer
Date: November 29, 2005
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Code, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
Timothy Shollenberger, Esquire
Shollenberger & Januzzi
2225 Millennium Way
Enola, PA 17025
Rolf Kroll, Esquire
Margolis Edelstein
PO Box 932
Harrisburg, PA 17108-0932
John Flounlacker, Esquire
Thomas, Thomas & Hafer
PO Box 999
Harrisburg, PA 17108-0999
Christine E. Munion, Esquire
William J. Devlin, Jr. & Associates
100 W. Elm Street, Suite 200
Conshohocken, PA 19428
Christopher M. Reeser, Esquire
Marshall Dennehey
4200-B Crums Mill Road
Harrisburg, PA 17112
Jefferson J. Shipman, Esquire
Law Offices of Johnson Duffie
PO Box 109
Lemoyne, PA 17043
GOLDBERG KATZMAN, P.C.
Date: November 29, 2005
Thomas E. Brenner, Esquire
128849.1
T_]
,
??
C. ,
4a
1 _
Ste`
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW comes the Plaintiff, Brent Miller, by and through his attorneys,
SHOLLENBERGER & JANUZZI, LLP, files this Reply to New Matter and New
Matter Pursuant to PA. R.C.P. 2252 of Defendants Bryan C. and Denise S.
Brooks (hereinafter "Defendants"), and, in support thereof, respectfully
represents the following:
Paragraphs 1 through 44 of the Plaintiff's Complaint are incorporated
herein by reference as if set forth in full.
45. 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).
46. 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).
47. 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).
48. 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).
49. 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).
50. 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).
51. 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).
52. 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).
53. 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 Defendants' New
Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of
law.
NEW MATTER PURSUANT TO PA. R.C.P. No. 2252
Paragraphs 1 through 44 of the Plaintiff's Complaint are incorporated
herein by reference as if set forth in full.
54. This averment is directed to a party other than the Plaintiff, and,
therefore, requires no answer by him.
55. This averment is directed to a party other than the Plaintiff, and,
therefore, requires no answer by him.
56. This averment is directed to a party other than the Plaintiff, and,
therefore, requires no answer by him.
Respectfully submitted,
SHOLLENBERG & NU 1, P
By:
Ti of . S oll e er
Attorney I.D. No.: 34343
Date: tI13o105
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, PA 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this 3(rday of Novem)tf , 2005, 1 hereby certify that a true
and correct copy of the foregoing Plaintiffs Reply to New Matter of Defendants,
Daniel Gregory and Cathy L. Witmer, has been served upon the following,
Attorneys, via U.S. Mail:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(Counsel for Defendant S. Joanne Wilbur)
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108-0932
(Counsel for Defendant Donald D. Dimov)
Christine E. Munion, Esq.
William J. Devlin, Jr. & Associates
100 West Elm Street, Suite 200
Conshohocken, PA 19428
(Counsel for Defendant Silver Spring Township)
Thomas E. Brenner, Esquire
Goldberg, Katzman
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108
(Counsel for Defendants Daniel and Cathy Witmer)
John Flounlacker, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(Counsel for Defendants Bryan and Denise Brooks)
Christopher Reeser, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(Counsel for Defendants Harold and Virginia Wilbur)
SHOLLENBERGER & JANUZZI, LLP
By:
Tkficiihy'A. Shollenberger, sq.
=:;
__?
°
??
_-
,.:
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone: [717] 975-8114 Direct Dial: (717) 760-7502
Fax: [717] 975-8124 -
E-Mail: rkroll@margolisedelstein.com
Attorneys for Defendant:
DONALD D. DIMOV
BRENT MILLER,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
S. JOANNE WILBUR, PERSONAL : NO. 05-2196 CIVIL
REPRESENTATIVE OF THE
ESTATE OF ROBERT WILBUR, : CIVIL ACTION - LAW
DECEASED, and DONALD D.
DIMOV, : JURY TRIAL DEMANDED
Defendants.
-----------------------------------------------------------------------------------------------
BRENT MILLER, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAROLD J. AND VIRGINIA R. WILBUR: NO. 05-3213 CIVIL
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S. : CIVIL ACTION - LAW
BROOKS AND SILVER SPRING
TOWNSHIP, : JURY TRIAL DEMANDED
Defendants.
NOTICE TO PLEAD
TO: SILVER SPRING TOWNSHIP
c/o Christine E. Munion, Esquire
Frances R. Gartner & Associates
100 West Elm Street, Suite 200
Conshohocken, PA 19428
YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within
twenty (20) days of service hereof, or a default judgment may be entered against you.
Respectfully submitted,
EDELSTEIN
Date• By:
LF Erhey OL , ESQUII
PA Att I.D. #47243
Attorneys for Defendant,
DONALD D. DIMOV
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
-2-
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
3510 Trindle Road
Camp Hill, Pennsylvania 17011
Telephone: [717] 975-8114 Direct Dial: (717) 760-7502
Fax: [717] 975-8124
E-Mail: rkroll@margolisedelstein.com
Attorneys for Defendant:
DONALD D. DIMOV
BRENT MILLER,
V.
IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE
ESTATE OF ROBERT WILBUR,
DECEASED, and DONALD D.
DIMOV,
Defendants.
BRENT MILLER,
Plaintiff,
V.
NO. 05-2196 CIVIL
: CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD J. AND VIRGINIA R. WILBUR: NO. 05-3213 CIVIL
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S. : CIVIL ACTION - LAW
BROOKS AND SILVER SPRING
TOWNSHIP, : JURY TRIAL DEMANDED
Defendants.
ANSWER OF DEFENDANT, DONALD D. DIMOV,
TO JOINDER COMPLAINT OF SILVER SPRING TOWNSHIP
AND NOW, comes Defendant, Donald D. Dimov ("Mr. Dim, by and through his
counsel, Margolis Edelstein, to answer the Joinder Complaint of Defendant, Silver
Spring Township, and in support thereof avers the following:
1-2. Admitted.
3. Denied. After reasonable investigation, Mr. Dimov is without knowledge or
information sufficient to form a belief as to the truth of the averments of this
paragraph and same are therefore denied.
4. Admitted.
5-6. Denied. This allegation refers to a writing which speaks for itself and is
the best evidence of all it contains and accordingly, this allegation is denied.
7-8. Denied. This allegation refers to a document which speaks for itself and is
the best evidence of all it contains and accordingly, no responsive pleading to this
paragraph is required, and same is therefore denied.
COUNTI
NEGLIGENCE
SILVER SPRING TOWNSHIP vs. S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF ROBERT WILBUR DECEASED
9. The answers contained in paragraphs 1 through 8 hereof are incorporated
herein by reference as if set forth in their entirety.
10-12. This Count and its subparagraphs refer to a Defendant other than
Answering Defendant and accordingly, no responsive pleading is required and same is
therefore denied. By way of further answer, Mr. Dimov incorporates his Answer to
Plaintiff's Complaint as if set forth in full.
WHEREFORE, Defendant, Donald D. Dimov, requests judgment in his favor and
against joining Defendant, Silver Spring Township, on any and all claims asserted by
Joining Defendant.
COUNT II
NEGLIGENCE
SILVER SPRING TOWNSHIP vs. DONALD D. DIMOV
12. The answers contained in paragraphs 1 through 12 hereof are incorporated
-2-
herein by reference as if set forth in their entirety.
13. Denied. This allegation constitutes a conclusion of law to which no
responsive pleading is required, and same is therefore denied. By way of further
answer, it is specifically denied that to the extent that Silver Spring Township is
referring to the area of vegetation near the mailboxes where Defendant Wilbur exited
his driveway, legal responsibility for the maintenance of that real property was
undertaken by Defendant, Silver Spring Township.
14. Denied. This allegation of Silver Spring Township's Joinder Complaint
constitutes conclusions of law to which no responsive pleading is required, and same
are therefore denied. By way of further answer, it is specifically denied that
Mr. Dimov was responsible for and/or failed to act in a reasonably careful, cautious
and prudent manner under the circumstances, and same is therefore denied. By way
of further answer, Mr. Dimov denies that:
(a) He failed to warn or give notice of any hazardous condition. On
the contrary, Mr. Dimov acted reasonably with regard to warnings and/or
notice;
(b) He allowed vegetation to grow on his property which restricted
the sight distance for vehicles on Hempt Road or entering Hempt Road. To the
contrary, Silver Spring Township undertook the maintenance of the vegetation
in the area in question and accordingly, assumed all responsibility in that
regard. Thus, to the extent that any sight distance was restricted, it was
restricted as a function of the actions or failure to act on the part of Silver
-3-
Spring Township;
(c) He failed to fix the dangerous condition when he knew or should
have known of its existence. On the contrary, any failure to fix any dangerous
condition, the existence of which is specifically denied was the responsibility
of Silver Spring Township;
(d) He created a condition around his property which he knew or
should have known would give rise to an unreasonable risk of harm. On the
contrary, any dangerous condition the existence of which is specifically denied
that involved the vegetation or problems with any sight distance were the
responsibility of Silver Spring Township;
(e) He permitted conditions to exist on or near its drainpipe which he
knew or should have known would give rise to an unreasonable risk of harm.
To the contrary, Mr. Dimov does not acknowledge the existence of a dangerous
condition and same is strictly denied. To the extent a dangerous condition
existed as a function of the vegetation or other impediment to lines of sight,
that responsibility rests with Silver Spring Township and/or others;
(f) He failed to correct and/or remove the conditions that he knew or
should have known would give rise to an unreasonable risk of harm. To the
contrary, Mr. Dimov denies the existence of any condition that gave rise to an
unreasonable risk of harm. To the extent a condition exited that gave rise to an
unreasonable risk of harm, it was the responsibility of others and not
Mr. Dimov; and
-4-
(g) He failed to make a proper and reasonable inspection to discover
the conditions on its property. To the contrary, to the extent that a failure to
inspect occurred, it was a failure on the part of other individuals than Mr.
Dimov.
15. Denied. This allegation of Silver Spring Township's joinder Complaint
states a conclusion of the law to which no responsive pleading is required, and same
is therefore denied.
WHEREFORE, Defendant, Donald D. Dimov demands judgment in his favor and
against joining Defendant, Silver Spring Township, with costs of suit assessed to
Silver Spring Township.
NEW MATTER AND CROSS-CLAIM
16. The answers contained in paragraphs 1 through 15 hereof are incorporated
herein by reference as if set forth in their entirety.
17. Silver Spring Township's claims are barred by the Doctrine of Contributory
and Comparative Negligence.
18. Silver Spring Township's joinder Complaint is barred by the applicable
statute of limitations.
19. Silver Spring Township's claims are barred by the operation of law in that
it has failed to state a claim upon which relief can be granted.
20. Silver Spring Township undertook the responsibility of trimming the
vegetation in the area of the accident.
-5-
21. Silver Spring Township undertook the responsibility for inspecting the
area to ensure that the vegetation was properly trimmed.
22. Silver Spring Township had an easement in the area of the accident in
question and utilized that easement for purposes of conducting the mowing and
trimming of the vegetation in the area where the accident occurred.
23. To the extent that Plaintiff is successful in establishing that Mr. Dimov's
conduct was a legal and factual cause of Plaintiff's injuries then Plaintiff's injuries
were caused by the negligence and carelessness of Defendant, Silver Spring
Township. for the reasons stated in Plaintiffs Complaint, including that Silver Spring
Township:
(a) Failed to warn or give notice of the hazardous condition;
(b) Allowed vegetation to grow on the property that restricted sight
distance for vehicles on Hempt Road or entering Hempt Road;
(c) Failed to remedy the dangerous condition when it knew or should
have known that the condition existed; and
(d) Assumed responsibility for remedying this condition by mowing
the vegetation for several years prior.
WHEREFORE, Defendant, Donald D. Dimov demands judgment in his favor
against Defendant, Silver Spring Township, in addition to such other relief as the
court deems appropriate.
-6-
Respectfully submitted,
Date:
By:
MARGOLIS EDELSTEIN
-7-
?LF EAROLL, ESQUIRE
PA Attorney I.D. #47243
Attorneys for Defendant,
DONALD D. DIMOV
3510 Trindle Road
Camp Hill, PA 17011
(717) 975-8114
VERIFICATION
I, DONALD D. DIMOV, have read the foregoing ANSWER OF DEFENDANT,
DONALD D. DIMOV, TO JOINDER COMPLAINT OF SILVER SPRING TOWNSHIP,
which has been drafted by my counsel. The factual statements contained therein are
known by me and are true and correct to the best of my knowledge, information and
belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.A.
Section 4904, relating to unsworn falsifications to authorities, which provides that, if I
knowingly make false averments, I may be subject to criminal penalties.
Date:
DONALD D. DIMOV
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
ANSWER OF DONALD D. DIMOV TO JOINDER COMPLAINT OF SILVER SPRING
TOWNSHIP on all counsel of record by placing the same in the United States mail at
Camp Hill, Pennsylvania, first-class postage prepaid, on the"day of
40eA?_' 2006, and addressed as follows:
Timothy A. Shollenberger, Esquire
Shollenberger & Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Christopher Reeser, Esquire
Marshall, Dennehey, Warner,
Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Thomas E. Brenner, Esquire
Goldberg Katzman
320 Market Street, Strawberry Square
P. O. Box 1268
Harrisburg, PA 17108-1268
John Flounlacker, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
Christine E. Munion, Esquire
Frances R. Gartner & Associates
100 West Elm Street, Suite 200
Conshohocken, PA 19428
MARGOLIS EDELSTEIN
oAnn . Nelson, Secret y
V
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,/
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLDfJ. AND VIRGINI,?R. WILBUR,
DANIEL GREGORY°AND CATHY L.-
WITMER,VBRYAN C. AND I)ENISE S.
BROOKS AND SILVER SPRINGv
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM V
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO END, SETTLE & DISCONTIh
DEFENDANTS
TO LESS T
TO THE PROTHONOTARY:
Please mark the above action against Donald D. Dimov, Harold J. Wilbur,
Virginia R. Wilbur, Daniel Gregory Witmer, Cathy L. Witmer, Bryan C. Brooks,
Denise S. Brooks and Silver Spring Township only ended, settled and
discontinued with prejudice (Pursuant to Pa.R.C.P. 229, a stipulation signed by
all parties is attached here as Exhibit A).
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
By:
Dated: ??c _ o7
Attorney
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, this B day of ru4? , 2007, 1
hereby certify that I have served the foregoing docu t to the following by
depositing a true and correct copy of same in the United States mail, postage
prepaid, addressed to:
Jeffrey Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Thomas E. Brenner, Esquire
Goldberg, Katzman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA 17108-0932
John Flounlacker, Esquire
Thomas, Thomas & Hafer
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Christine E. Munion, Esquire
William J. Devlin, Jr. & Associates
100 West Elm Street, Suite 200
Conshohocken, PA 19428
Respectfully submitted,
SHOLLENBERQER & JANLJZZI, LLP
By:
Adam T. Wolfe, Esq fire
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
STIPULATION FOR DISCONTINUANCE AS TO DEFENDANTS DONALD D.
DIMOV, HAROLD J. WILBUR, VIRGINIA R. WILBUR, DANIEL GREGORY
WITMER, CATHY L. WITMER, BRYAN C. BROOKS, DENISE S. BROOKS AND
SILVER SPRING TOWNSHIP
All parties to this action hereby stipulate and agree as follows:
Pursuant to Pennsylvania Rule of Civil Procedure 229, the action against
Defendants; Donald D. Dimov, Harold J. Wilbur, Virginia R. Wilbur, Daniel
Gregory Witmer, Cathy L. Witmer, Bryan C. Brooks, Denise S. Brooks and Silver
Spring Township shall be discontinued with prejudice. Therefore, the action
docketed at number 05-3213 shall be discontinued in whole and the action
docketed at number 05-2196 shall be discontinued as to Donald D. Dimov only.
The action against S. Joanne Wilbur, Personal Representative of the Estate of
Robert Wilbur shall not be discontinued by this stipulation.
2
SHOLLENBERGER & JANUZZI, LLP
By:
/Ij Dated: 07
rg , sq.
Mne r eeePlItinLtiff,
Brent Miller
Dated:
Counsel for Defendant
S. Joanne Wilbur, Personal
Representative of the Estate of
Robert Wilbur
4
JOHNSON, DUFFIE, STEWART & WEIDNER
GOLDBERG, KATZMAN, PC
By:
Thomas E. Brenner, Esq.
Dated:
Counsel for Defendants
Daniel Gregory Witmer and Cathy Witmer
MARGOLIS
By :
Dated: lzf D
Donald D. Dimov
Counsel for Defendant
THOMAS, THOMAS & HAFER /'?A a"t,
By:
Joh Flounlacker, Esq.
Counsel for Defendants
Bryan and Denise Brooks
Dated:
FRANCIS R. PARTNER & ASSOCIATES
BY Dated:
,
Christine E. union, Esq
Counsel for Defendant
Silver Spring Township
MARSHALL DENNEHEY WARNER COLEMAN
& GOGGIN
By:
Chris opher Reeser, Esquire
Counsel for Defendants
Harold and Virginia Wilbur
Dated: I Lcl:? / 0-7
9
V
46
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM Z
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
***********************************************
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION TO COMPEL DISCOVERY
AND NOW comes the Plaintiff, BRENT MILLER by and through his
attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent
the following:
1. The above captioned action arises from a motor vehicle collision
and was initiated by complaint filed April 27, 2005.
2. The case against all Defendants except S. Joanne Wilbur, Personal
Representative of the Estate of Robert Wilbur, has been discontinued.
3. On April 29, 2005, almost two years ago, Plaintiff served
Defendant, S. Joanne Wilbur, Personal Representative of the Estate of Robert
Wilbur, with Interrogatories and Requests for Production of Documents. See
Sheriffs Return attached hereto as Exhibit A.
4. On August 4, 2005, Plaintiff, received responses to the Requests
for Production of Documents and partial answers to the Interrogatories.
5. Plaintiffs Interrogatory Number 13 sought identification of
Defendant's expert witnesses along with "the substance of the facts and opinions
to which the expert is expected to testify and a summary of the grounds for each
opinion. (You may file as your answer to this interrogatory the report of the expert
or have the interrogatory answered by your expert.)"
6. Defendant answered Plaintiffs Interrogatory Number 13 by stating
"[i]t has not been determined what Expert Witnesses will be used at trial;
therefore, Defendant Wilbur reserves the right to supplement this answer at a
later date."
7. By February 20, 2007, Plaintiffs counsel had not yet received a
complete answer to Interrogatory Number 13.
8. By email dated February 20, 2007, Plaintiffs counsel requested
that Defense counsel provide a complete answer to Interrogatory 13 by March
13, 2007. See email dated February 20, 2007 attached hereto as Exhibit B.
9. On or about March 12, 2007, Plaintiff received a "Supplemental
Answer to Plaintiffs Interrogatories by Defendant, S, Joanne Wilbur, Personal
Representative of the Estate of Robert Wilbur" which contained the following
response to Interrogatory Number 13: "Joseph P. Tarris, P.E, P.T.O.E. of J P
Tarris, Inc., 2908 lonoff Road, Harrisburg, PA 17110; (a) accident reconstruction;
(b) Defendant will produce a copy of Mr. Tarris' report when received." See
Interrogatory and Answer attached hereto as Exhibit C.
10. Plaintiff was not served with discovery requests from Defendant, S.
Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur, until
March 12, 2007 and is not yet required to provide responses to said discovery.
11. Plaintiff has contacted Jefferson Shipman, Esquire, Counsel for
Defendant, S. Joanne Wilbur, Personal Representative of the Estate of Robert
Wilbur and he does not concur with this motion.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
grant his motion and issue an order requiring that within thirty (30) days,
Defendant S. Joanne Wilbur, Personal Representative of the Estate of Robert
Wilbur, provide a full and complete answer to Plaintiff's Interrogatory Number 13
including the substance of the facts and opinions to which Joseph P. Tarris and
all other experts are expected to testify and a summary of the grounds for each
opinion or suffer such sanctions as the Court may deem necessary and
appropriate.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
#T?Y,/, h e er r, squire
A ID o. 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
***********************************************
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE' OF CONCURRENCE
I, Timothy A. Shollenberger, counsel for the Plaintiff, do hereby certify that
I contacted Jefferson Shipman, Esquire, to obtain their concurrence of the within
Motion to Compel and he does not concur with the filing of the motion
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
T o y A. e e er, s uire
PAID No. I 343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
************************************************
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
r) q
AND NOW this 0WA4,daY of March 2007, 1 hereby certify that I have
served the following Motion to Compel to the following by depositing a true and
correct copy of same in the United States mail, postage prepaid, addressed to:
Jefferson Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
& JANUZZI, LLP
1J111.;0".L j r J n -Z 1 V1r11V - K?H(-7ULAX.
CASE NO: 2005-02196 t
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER BRENT
VS
WILBUR S JOANNE ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
WILBUR S JOANNE-REP OF ESTATE OF ROBERT WILBUR
the
DEFENDANT , at 2124:00 HOURS, on the 29th day of April 2005
at 404 WEST KELLER STREET
MECHANICSBURG, PA 17055 by handing to
S JOANNE WILBUR
a true and attested copy of COMPLAINT & NOTICE
INTERROGATORIES, REQUEST FOR PRODUCTION
OF DOCUMENTS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.66
Postage .37
Surcharge 10.00
.00
35.03
Sworn and Subscribed to before
me this day of
A. D.
Prothonotary
So Answers:
R. Thomas Kline
05/03/2005
SHOLLENBERGER JANUZZI
By.
Deputy Sheri
Page 1 of 1
Adam Wolfe
From: Tim Shollenberger
Sent: Tuesday, February 20, 2007 3:43 PM
To: 'Jefferson J. Shipman'
Cc: 'Brent Miller (millersstanggt@yahoo.com)'; Adam Wolfe
Subject: Brent Miller v Estate of Wilbur
Importance: High
Contacts: Jeff Shipman
Dear Jeff:
I note that Expert Interrogatories propounded upon your client were answered as follows:
"It has not been determined what Expert Witnesses will be used at trial; therefore, Defendant Wilbur reserves the
right to supplement this answer at a later date."
Please provide a complete answer to Interrogatory 13 and and any other making reference to Defendant's experts
on or before March 13, 2007, which is 20 days from the date of this letter.
If you need more time, let me know and I will consider a reasonable extension.
Thanks and I await your response.
Tim
Timothy A. Shollenberger, Esq.
2225 Millennium Way
Enola, PA 17025
Email: tas@sholljanlaw.com
Phone: 717-728-3200 ext. 3010
Fax: 717-728-3400
Personal Fax: 717-728-1339
Website: www.sholljanlaw.com
3/21/2007
1
Johnson, Duffie, Stewart & Weidner Attorney for Defendant, Wilbur
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: hs@jdsw.com
(717) 761-4540
BRENT MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO: 05-2196 CIVIL
CIVIL ACTION - LAW
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants JURY TRIAL DEMANDED
SUPPLEMENTAL ANSWER TO PLAINTIFF'S INTERROGATORIES BY
DEFENDANTS. JOANNE WILBUR, PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT WILBUR, DECEASED
TO: Timothy A. Shollenberger, Esquire
hollenberger and Januzzi, LLP
225 Millennium Way
Enola, PA 17025
ttorneys for Plaintiff
13. Expert Witnesses. -
Identify each expert you intend to call as a witness at the trial of this matter, and for
each expert state:
a. the subject matter about which the expert is expected to testify; and,
b. the substance of the facts and opinions to which the expert is expected to testify
and a summary of the grounds for each opinion. (You may file as your answer to this
interrogatory the report of the expert or have the interrogatory answered by your expert.)
ANSWER:
Joseph P. Tarris, P.E, P.T.O.E. of J P Tarris, Inc., 2908 lonoff Road, Harrisburg, PA 17110;
(a) accident reconstruction; (b) Defendant will produce a copy of Mr. Tarris' report when
received.
JOHNSON, DUFFIE, STEWART & WEIDNER
Je erson J. Shipman, Esquire
orneys I.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs a@jdsw.com
Attorneys for Defendant Wilbur
DATE:1 I?C' '?
y + f T ?1
VIZI
. -,
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION FOR PROTECTIVE ORDER
AND NOW comes the Plaintiff, BRENT MILLER by and through his
attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent
the following:
1. The above captioned action arises from a motor vehicle collision
and was initiated by complaint filed April 27, 2005.
2. The case against all Defendants except S. Joanne Wilbur, Personal
Representative of the Estate Robert Wilbur, has been discontinued.
3. On April 29, 2005, almost two years ago, Plaintiff served
Defendant, S. Joanne Wilbur, Personal Representative of the Estate Robert
Wilbur, with Interrogatories and Requests for Production of Documents. See
Sherrif's Return attached hereto as Exhibit A.
4. On August 4, 2005, Plaintiff, received responses to the Requests
for Production of Documents and partial answers to the Interrogatories.
5. Plaintiffs Interrogatory Number 13 sought identification of
Defendant's expert witnesses along with "the substance of the facts and opinions
to which the expert is expected to testify and a summary of the grounds for each
opinion. (You may file as your answer to this interrogatory the report of the expert
or have the interrogatory answered by your expert.)"
6. Defendant answered Plaintiffs Interrogatory Number 13 by stating
"[i]t has not been determined what Expert Witnesses will be used at trial;
therefore, Defendant Wilbur reserves the right to supplement this answer at a
later date."
7. By February 20, 2007, Plaintiff's counsel had not yet received a
complete answer to Interrogatory Number 13.
8. By email dated February 20, 2007, Plaintiffs counsel requested
that Defense counsel provide a complete answer to Interrogatory 13 by March
13, 2007. See email dated February 20, 2007 attached hereto as Exhibit B.
9. On or about March 12, 2007, Plaintiff received a "Supplemental
Answer to Plaintiff's Interrogatories by Defendant, S, Joanne Wilbur, Personal
Representative of the Estate Robert Wilbur" which contained the following
response to Interrogatory Number 13: "Joseph P. Tarris, P.E, P.T.O.E. of J P
Tarris, Inc., 2908 lonoff Road, Harrisburg, PA 17110; (a) accident reconstruction;
(b) Defendant will produce a copy of Mr. Tarris' report when received." See
Interrogatory and Answer attached hereto as Exhibit C.
10. On March 12, 2007, Plaintiff was served with Interrogatories and
Requests for Production of Documents from Defendant, S, Joanne Wilbur,
Personal Representative of the Estate of Robert Wilbur.
11. Plaintiff seeks a protective order from answering Defendant's
Interrogatory Number 11 and Request for Production of Documents Number 6
until Defendant has provided a complete answer to Plaintiff's Interrogatory
Number 13, which has been outstanding for almost two years and with regards to
which Plaintiff has filed a Motion to Compel. A copy of Defendant's Interrogatory
Number 11 is attached hereto as Exhibit D and a copy of Defendant's Request
for Production of Documents Number 6 is attached hereto as Exhibit E.
12. Pursuant to Pa. R.C.P. 4012 (a)(2), if Plaintiff is required to respond
to the aforementioned discovery requests within the time prescribed by Pa.
R.C.P. 4006, Plaintiff will be subject to unreasonable expense in that he would be
required to pay an expert for an opinion or have the expert address certain
issues that may not be necessary to address dependent on the Defendant's
response to Plaintiff Interrogatory Number 13.
13. Pursuant to Pa. R.C.P 4011 (c), Plaintiff specifically seeks
protection from responding to Defendant's Request for Production of Documents
Number 6 in that it calls for information that is beyond the scope of discovery as
defined by Pa. R.C.P 4003.5, which designates interrogatories as the method of
obtaining "facts known and opinions held by an expert."
14. Plaintiff has contacted Jefferson Shipman, Esquire, Counsel for
Defendant, S, Joanne Wilbur, Personal Representative of the Estate of Robert
Wilbur and he does not concur with this motion.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
grant his motion for Protective order and issue an order that Plaintiff need not
provide answers to Defendant's Interrogatory Number 11 and Defendant's
Request for Production of Documents Number 6, until ninety (90) days from the
date of his receipt of Defendant's complete answer to Plaintiffs Interrogatory
Number 13.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF CONCURRENCE
I, Timothy A. Shollenberger, counsel for the Plaintiff, do hereby certify that
I contacted Jefferson Shipman, Esquire, to obtain his concurrence with the
Motion for Protective Order and he does not concur with the filing of the motion.
Respectfully submitted,
SHO E BERGER & JANUZZI, LLP
h len r , quire
PA ID No. 34343
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
************************************************
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this ?C' day of March, 2007, 1 hereby certify that I have
served the following Motion for Protective Order to the following by depositing a
true and correct copy of same in the United States mail, postage prepaid,
addressed to:
JeffersonShipman, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
SHO ERG & NUZZI, LLP
111x - S Ile er r, q ire
PA ID No. 34343
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02196 t
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLER BRENT
VS
WILBUR S JOANNE ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
WILBUR S JOANNE-REP OF ESTATE OF ROBERT.WILBUR the
DEFENDANT , at 2124:00 HOURS, on the 29th day of April , 2005
at 404 WEST KELLER STREET
MECHANICSBURG, PA 17055
S JOANNE WILBUR
by handing to
a true and attested copy of COMPLAINT & NOTICE
INTERROGATORIES, REQUEST FOR PRODUCTION
OF DOCUMENTS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.66
Postage .37
Surcharge 10.00
.00
35.03
Sworn and Subscribed to before
me this day of
A. D.
So Answers:
R. Thomas Kline
05/03/2005
SHOLLENBERGER JANUZZI
By:
Deputy Sheri
Prothonotary
Page 1 of 1
Adam Wolfe
From: Tim Shollenberger
Sent: Tuesday, February 20, 2007 3:43 PM
To: 'Jefferson J. Shipman'
Cc: 'Brent Miller (millersstanggt@yahoo.com)'; Adam Wolfe
Subject: Brent Miller v Estate of Wilbur
Importance: High
Contacts: Jeff Shipman
Dear Jeff:
I note that Expert Interrogatories propounded upon your client were answered as follows:
"It has not been determined what Expert Witnesses will be used at trial; therefore, Defendant Wilbur reserves the
right to supplement this answer at a later date."
Please provide a complete answer to Interrogatory 13 and and any other making reference to Defendant's experts
on or before March 13, 2007, which is 20 days from the date of this letter.
If you need more time, let me know and I will consider a reasonable extension.
Thanks and I await your response.
Tim
Timothy A. Shollenberger, Esq.
2225 Millennium Way
Enola, PA 17025
Email: tas@sholljanlaw.com
Phone: 717-728-3200 ext. 3010
Fax: 717-728-3400
Personal Fax: 717-728-1339
Website: www.sholijanlaw.com
3/21/2007
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4540
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants
Attorney for Defendant, Wilbur
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO: 05-2196 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUPPLEMENTAL ANSWER TO PLAINTIFF'S INTERROGATORIES BY
DEFENDANTS. JOANNE WILBUR, PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT WILBUR. DECEASED
TO: Timothy A. Shollenberger, Esquire
hollenberger and Januzzi, LLP
225 Millennium Way
Enola, PA 17025
ttorneys for Plaintiff
13. Expert Witnesses. -
Identify each expert you intend to call as a witness at the trial of this matter, and for
each expert state:
a. the subject matter about which the expert is expected to testify; and,
b. the substance of the facts and opinions to which the expert is expected to testify
and a summary of the grounds for each opinion. (You may file as your answer to this
interrogatory the report of the expert or have the interrogatory answered by your expert.)
ANSWER:
Joseph P. Tarris, P.E, P.T.O.E. of J P Tarris, Inc., 2908 lonoff Road, Harrisburg, PA 17110;
(a) accident reconstruction; (b) Defendant will produce a copy of Mr. Tarris' report when
received.
DATE: % ?C )
JOHNSON, DUFFIE, STEWART & WEIDNER
Je erson J. Ship an, Esquire
orneys I.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
Attorneys for Defendant Wilbur
each expert you intend to call as a witness at the trial of this matter, and for each expert
a) The subject matter about which the expert is expected to testify; and
b) The substance of the facts and opinions to which the expert is expected the testify and a
summary of the grounds for each opinion. (You may file as your answer to this interrogatory
the report of the expert or have the interrogatory answered by your expert.)
ANSWER:
Johnson, Duffle, Stewart & Weidner Attorney for Defendant, Wilbur
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4540
BRENT MILLER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. NO: 05-2196 CIVIL
CIVIL ACTION - LAW
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants JURY TRIAL DEMANDED
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO THE PLAINTIFF
TO: Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
Pursuant to Pennsylvania Rules of Civil Procedure No. 4009, please submit for
inspection and copying to the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market
Street, Lemoyne, Pennsylvania, within thirty (30) days from the date hereof, the following:
1. Any of the documents or instrumentalities involved in the incident, or
photographs of the same if the instrumentality cannot be made available for inspection by
reason of bulk or unavailability.
2. All photographs obtained during the course of your investigation of the matters
relating to this lawsuit.
3. Copies of all statements obtained from any witnesses or memoranda of
conversations with witnesses or recordings of witnesses' statements made or obtained during
the course of the investigation or matters relating to this litigation.
F . Copies of all doctors' reports, dental records, employment records or other
tion relevant to this lawsuit which you have in your custody or possession and which
ld have a bearing on the claims asserted in this litigation.
5. Any plans, drawings, brochures, pamphlets or other matter or materials relevant
to the subject matter of this litigation.
6. Copies of all experts' reports made or secured by you in connection with your
investigation of this accident.
7. Copy of the Declaration Sheet from the insurance policy you had in effect on
the date of this accident.
8. All statements and/or transcripts of interviews of fact witnesses obtained in this
matter.
9. All documents identified in your Answers to any Set of Interrogatories
propounded by any party to this litigation.
10. All documents which you intend to rely upon or introduce at trial of this litigation.
JQHNSO, , DUFFLE, STEWART & WEIDNER
/Jefferson J. Shiprrfn, Esquire
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Date: Attorneys for Defendant
2
C.-
?R: ? ^S7
ro
+'t
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM ?
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
***********************************************
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDMENT TO MOTION TO COMPEL DISCOVERY
AND NOW comes the Plaintiff, BRENT MILLER by and through his
attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully amend
his Motion To Compel Discovery as Follows:
The Honorable Edward E. Guido has ruled on two issues in this matter. On
October 4, 2005, Judge Guido issued an order consolidating actions 05-2196
and 05-3213. On March 10, 2006, Judge Guido issued an order granting leave
for Silver Spring Township to file a joinder complaint against Donal D. Dimov and
S. Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur.
Respectfully submitted,
SHOLL BERGER ZAZZZZII,, LLP
Timothy A. Shollenb ger, Esquire
PA ID No. 34343
Adam T. Wolfe, Esquire
PA ID No. 201057
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this 7-7t? day of March, 2007, 1 hereby certify that I have
served the following Amendment to Motion to Compel Discovery to the following
by depositing a true and correct copy of same in the United States mail, postage
prepaid, addressed to:
JeffersonShipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
BERGER & JANVZZI, LLP
Adam T. Wolfe, Esq)dfre
PA ID No. 201057
_ till-_.
,-, rn
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
************************************************
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM ?
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON P,?A?;
-
CUMBERLAND COUNTY,
? C"t <
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDMENT TO MOTION FOR PROTECTIVE ORDER
AND NOW comes the Plaintiff, BRENT MILLER by and through his
attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully amend
his Motion For Protective Order as Follows:
The Honorable Edward E. Guido has ruled on two issues in this matter. On
October 4, 2005, Judge Guido issued an order consolidating actions 05-2196
t1
and 05-3213. On March 10, 2006, Judge Guido issued an order granting leave
for Silver Spring Township to file a joinder complaint against Donal D. Dimov and
S. Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur.
Respectfully submitted,
SH04ENBERGQ4 $q JANUZZI, LLP
Timothy A. Sholle0berger, Esquire
PA ID No. 34343
Adam T. Wolfe, Esquire
PA ID No. 201057
r
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attornevs for Plaintiff
BRENT MILLER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
BRENT MILLER,
Plaintiff
V.
HAROLD J. AND VIRGINIA R. WILBUR,
DANIEL GREGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S.
BROOKS AND SILVER SPRING
TOWNSHIP,
Defendants
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-3213 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW this ? 1 ` day of March, 2007, 1 hereby certify that I have
served the following Amendment to Motion for Protective Order to the following
by depositing a true and correct copy of same in the United States mail, postage
prepaid, addressed to:
, IL
Jefferson Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Respectfully submitted,
SHOLLhNBERGER 8?JANUZZI, LLP
Adam T. Wolfe, Es uire
PA ID No. 201657
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-2196 CIVIL vell?
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED
AND DONALD D. DIMOV,
DEFENDANTS CIVIL ACTION -LAW
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAROLD J. AND VIRGINIA R. WILBUR, :
DANIEL GERGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S. NO. 05-3213 CIVIL
BROOKS AND SILVER SPRING
TOWNSHIP,
DEFENDANTS : CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 11th day of April, 2007, upon consideration of the Motions for
Protective Order and to Compel Discovery filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that a status conference shall be
held with counsel on Wednesday, April 25, 2007 at 9:00 a.m. in chambers of Courtroom
No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
imothy Shollenberger, Esquire
=Esquire
Attorney for Defendants Wilbur y
bas -?' ?_"
'r`
M. L. Ebert, Jr., J.
rI
14s.P l pit i,?t
'TO .01 WV I 0 );.d LODZ
DHI do
Y
Y ^'
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-2196 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED
AND DONALD D. DIMOV,
DEFENDANTS CIVIL ACTION - LAW
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAROLD J. AND VIRGINIA R. WILBUR, :
DANIEL GERGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S. NO. 05-3213 CIVIL
BROOKS AND SILVER SPRING
TOWNSHIP,
DEFENDANTS : CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 25th day of April, 2007, upon consideration of the Plaintiff's Motions to
Compel Discovery and for Protective Order and after conference with counsel,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall provide the
Plaintiff with an accident reconstruction report prepared by the Defendant's expert witness,
Joseph B. Tarris on or before May 25, 2007.
IT IS FURTHER ORDERED AND DIRECTED that upon receipt of Defendant's expert
report, the Plaintiff will review the report and file his expert report with the Defendant on or
before July 24, 2007. Should the Plaintiff determine that an expert witness will not be required
in the presentation of his case he will so advise the Defendant by July 24, 2007.
By the Court,
M. L. Ebert, Jr., J.
/0 ?
L q :6 WV SZ M LODZ
AUVIUNJHiodd 3M 40
30IJ:lO--031U
I l
Timothy Shollenberger, Esquire
Attorney for Plaintiff
Jefferson Shipman, Esquire
Attorney for Defendants Wilbur
bas
7
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 05-2196 CIVIL
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT WILBUR, DECEASED
AND DONALD D. DIMOV,
DEFENDANTS CIVIL ACTION -LAW
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HAROLD J. AND VIRGINIA R. WILBUR, :
DANIEL GERGORY AND CATHY L.
WITMER, BRYAN C. AND DENISE S. NO. 05-3213 CIVIL
BROOKS AND SILVER SPRING
TOWNSHIP,
DEFENDANTS : CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 25th day of April, 2007, upon consideration of the Plaintiff's Motions to
Compel Discovery and for Protective Order and after conference with counsel,
IT IS HEREBY ORDERED AND DIRECTED that the Defendant shall provide the
Plaintiff with an accident reconstruction report prepared by the Defendant's expert witness,
Joseph B. Tarris on or before May 25, 2007.
IT IS FURTHER ORDERED AND DIRECTED that upon receipt of Defendant's expert
report, the Plaintiff will review the report and file his expert report with the Defendant on or
before July 24, 2007. Should the Plaintiff determine that an expert witness will not be required
in the presentation of his case he will so advise the Defendant by July 24, 2007.
By the Court,
M. L. Ebert, Jr., J.
/Ot
c
g nV?i+nf'VAl1?SNN9d
L 9 '6 WV SZ 80100Z
AWiONOH108d 31yI Jo
IOIJ: -,0371)
i I%.
Timothy Shollenberger, Esquire
Attorney for Plaintiff
Jefferson Shipman, Esquire
Attorney for Defendants Wilbur
bas
Johnson, Duffie, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4540
Attorney for Defendant
BRENT MILLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: -13 40 CIVIL
CIVIL ACTION - LAW
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants JURY TRIAL DEMANDED
NOTICE
TO: Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA. 17108-0932
Attorneys for Defendant Dimov
YOU ARE hereby notified to plead to the enclosed New Matter and Cross-Claim Pursuant to
Pa. R.C.P. 2252(d) of the Defendant, S. Joanne Wilbur, Personal Representative of the Estate of
Robert Wilbur, Deceased, within twenty (20)days from the date of service, or a default judgment
may be entered against you.
DUFFIE, STEWART & WEIDNER
Lemoyne, PA 17043
Attorneys for Defendant Wilbur
Jefferson J. Shiprr
I.D. #: 51785
301 Market Street
P.O. Box 109
252302
Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: hs@jdsw.com
(717) 761-4540
BRENT MILLER,
V.
Plaintiff
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 05-2106 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, comes the Defendant, S. Joanne Wilbur, Personal Representative of the Estate
of Robert Wilbur, Deceased, by and through Johnson, Duffie, Stewart & Weidner, and files the
following Answer and New Matter in response to the Plaintiff's Complaint:
COUNTI
BRENT MILLER v. S. JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR. DECEASED AND DONALD D. DIMOV
FACTS APPLICABLE TO ALL COUNTS
1. Admitted upon information and belief.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted in part, denied in part. It is admitted only that there Mr. Miller was traveling
north on Hempt Road. The remaining averment of Paragraph 7 are denied as stated.
8. Denied as stated.
9. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 9 and the same
are therefore denied and strict proof demanded at the time of trial.
10. Admitted.
11. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 11, relating to
Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time
of trial.
12. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 12 and the
same are therefore denied and strict proof demanded at the time of trial.
13. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 13, relating to
Plaintiffs alleged injuries, and the same are therefore denied and strict proof demanded at the time
of trial.
14. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 14 and the
same are therefore denied and strict proof demanded at the time of trial.
15. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 15, relating to
Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time
of trial.
16. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 16 and the
same are therefore denied and strict proof demanded at the time of trial.
17. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 17, relating to
Plaintiff's alleged injuries, and the same are therefore denied and strict proof demanded at the time
of trial.
18. Denied. After reasonable investigation, Mrs. Wilbur is without sufficient knowledge or
information to form a belief as to the truth of the averments contained in Paragraph 18 and the
same are therefore denied and strict proof demanded at the time of trial.
19. Denied. The averments contained in Paragraph 19 are conclusions of law to which
no response is required. If a response is deemed to be required, the averments contained therein
are specifically denied.
21. (sic) Denied. The averments contained in Paragraph 21 are conclusions of law to
which no response is required. If a response is deemed to be required, the averments contained
therein are specifically denied.
COUNT II
BRENT MILLER v. S. JOANNE WILBUR, PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT WILBUR. DECEASED
22. Mrs. Wilbur incorporates herein by reference her answers to Paragraphs 1 through 21
above as though fully set forth herein at length.
23. Denied. The averments contained in Paragraph 23, and subparagraphs a. through h.
are conclusions of law and fact to which no response is required. If a response is deemed to be
required, the averments contained therein are specifically denied.
a. Denied. It is specifically denied that Mr. Wilbur was negligent in allegedly
failing to observe Plaintiff's vehicle on the highway before attempting to enter Hempt Road;
b. Denied. To the contrary, it is believed and therefore averred that Mr. Wilbur
was keeping a careful and diligent look-out for other traffic on the highway before attempting
to enter the Hempt Road;
C. Denied. It is believed and therefore averred that Mr. Wilbur was operating his
vehicle in a careful and prudent fashion as he was entering the Hempt Road;
d. Denied. It is specifically denied that Mr. Wilbur was negligent in allegedly
failing to yield the right-of-way;
e. Denied. It is specifically denied that Mr. Wilbur was in any way negligent in
allegedly driving into the path of the Plaintiff;
f. Denied. It is specifically denied that Mr. Wilbur violated any sections of the
Pennsylvania Motor Vehicle Code;
g. Denied. It is specifically denied that Mr. Wilbur operated his vehicle in violation
of Section 3324 of the Pennsylvania Motor Vehicle Code; and
h. Denied. It is specifically denied that Mr. Wilbur was operating his vehicle in
careless disregard for the safety of other persons. It is further denied that Mr. Wilbur
violated any Section of the Pennsylvania Motor Vehicle Code, including Section 3714.
WHEREFORE, the Defendant, S. Joanne Wilbur, personal representative of the Estate of
Robert Wilbur, deceased, respectfully requests that judgment be entered in her favor and Plaintiffs
Complaint be dismissed with prejudice.
COUNT III
BRENT MILLER v. DONALD D. DIMOV
24. Mrs. Wilbur incorporates herein by reference her answers to Paragraphs 1 through 23
above as though fully set forth herein at length.
25-27. The averments contained in Paragraphs 25, 26 and 27 subparagraphs a. and
b., are directed to another party and accordingly, no response is required by Mrs. Wilbur.
WHEREFORE, the Defendant, S. Joanne Wilbur, personal representative of the Estate of
Robert Wilbur, deceased, respectfully requests that judgment be entered in her favor and that any
and all claims being asserted against her be dismissed with prejudice.
NEW MATTER
By way of additional answer and reply, Ms. Wilbur interposes the following New Matter
defenses:
28. That the Plaintiffs alleged cause of action may be barred in whole or in part by the
Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et sec
29. That the injuries and damages allegedly sustained by the Plaintiff were caused by the
Plaintiff's own negligence, carelessness and recklessness.
30. That the negligence, carelessness and recklessness of the Plaintiff consisted of, but
is not limited to, the following:
a. Operating a motorcycle without a proper license;
b. Operating the subject motorcycle without adequate and proper training in the
operation of same and how to avoid accidents;
C. Operating the motorcycle at a speed greater than what was reasonable and
prudent under the conditions and having disregard for the actual potential hazards then
existing in violation of 75 Pa. C.S.A. §3361;
d. Operating the motorcycle at a speed greater than what was reasonable and
prudent when approaching and crossing a railroad grade crossing and going around a curve
in the road approaching the area where the accident occurred in violation of 75 Pa. C.S.A.
§3361;
e. Operating the motorcycle in excess of the posted speed limit in violation of 75
Pa. C.S.A. §3362;
f. Operating the motorcycle in careless disregard for the safety of persons or
property in violation of 75 Pa. C.S.A. §3714;
g. Failing to have the motorcycle under proper and adequate control so as to
avoid coming into contact with Mr. Wilbur's vehicle;
h. Failing to take proper precautions and measures to avoid colliding with the
Wilbur vehicle;
i. Failing to be attentive to other motor vehicles on the roadway;
Operating the motorcycle without adequate headlamps and lighting;
k. Operating the motorcycle without adequate protective equipment; and
I. Operating the motorcycle without completing the necessary safety course and
driver license requirements in violation of 75 Pa. C.S.A. §7901, et seq.
31. That the Plaintiff's alleged cause of action may be barred in whole or in part by the
Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et se q.
32. That the accident was not caused by any acts, omissions or breaches of duty by the
answering Defendant.
33. That if it should be found that there was any negligence on the part of Mr. Wilbur,
which is specifically denied, then in that event any such negligence was not a proximate cause, nor
a factual cause of the accident and any alleged injuries.
34. That the accident, and any injuries allegedly sustained by the Plaintiff, may have been
caused by an intervening, superceding cause.
35. That the accident, and any injuries allegedly sustained by the Plaintiff, may have been
caused by a sudden emergency.
36. That the accident, and any injuries allegedly sustained by the Plaintiff, may have been
caused by third parties or entitles not presently involved in this action.
37. That the Plaintiff may have assumed the risk of his injuries.
WHEREFORE, the Defendant S. Joanne Wilbur, personal representative of the Estate of
Robert Wilbur, deceased, respectfully requests that judgment be entered in her favor and that
Plaintiff's Complaint be dismissed with prejudice.
CROSS-CLAIM PURSUANT TO
TO PA. R.C.P. 2252(d)
38. Mrs. Wilbur incorporates herein by reference her answers to Paragraphs 1 through 27
above and New Matter above as though fully set forth herein at length.
39. If Plaintiff suffered the injuries and damages as alleged in his Complaint, those
injuries and damages were caused in whole or in part by the negligence of Donald D. Dimov.
40. In the event that the Defendant, S. Joanne Wilbur, Personal Representative of the
Estate of Robert Wilbur, Deceased, is found liable on Plaintiff's cause of action, which liability is
expressly denied, Defendant, Donald D. Dimov, must be found liable over to the Defendant, S.
Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur, Deceased, or jointly liable
with Defendant, S. Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur,
Deceased.
WHEREFORE the Defendant, S. Joanne Wilbur, Personal Representative of the Estate of
Robert Wilbur, Deceased„ demands judgment in her favor against defendant, Donald D. Dimov.
Further, Defendant, S. Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur,
Deceased„ demands that in the event she is found liable on Plaintiffs cause of action, Defendant,
Donald D. Dimov, by found liable over to her or jointly and several liable with her.
Respectfully submitted,
DUFFIE, STEWART & WEIDNER
Jef?rsWJ. Shipman,?squire
At neys I.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
/ e-mail: jjs@jdsw.com
S
DATE: /?7 Attorneys for Defendant Wilbur
VERIFICATION
I, S. Joanne Wilbur, have read the foregoing Answer and New Matter and hereby
affirm that it is true and correct to the best of my personal knowledge, or information and
belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities; I verify that all the statements
made in the foregoing are true and correct and that false statements may subject me to
the penalties of 18 Pa. C.S. §4804.
S. Joan2 ilbur
DATE: ?ZS /0 5-
251310
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly served upon the following counsel
of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne,
Pennsylvania, on May 27, 2005:
Timothy A. Shollenberger, Esquire
Shollenberger and Januzzi, LLP
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
Rolf Kroll, Esquire
Margolis Edelstein
P.O. Box 932
Harrisburg, PA. 17108-0932
Attorneys for Defendant Dimov
DUFFIE, STEWART & WEIDNER
Jefferson J. Shipifian, Esquire
I.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Attorneys for Defendant Wilbur
251279
?r
?,
<.,
-?
<:,
a
;?=_
?:?,
BRENT MILLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED, and
DONALD D. DIMOV,
Defendants
NO: 05-2196 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
PLEASE mark the above-captioned matter settled, discontinued and ended.
SHOLLENBERGER & JANUZZI, LLP
By
o y A Shollenberger, Esquire
2225 Millennium Way
Enola, PA 17025
Attorneys for Plaintiff
GATE:
302841
4 'Tc
j.? -x-1
G
SHOLLENBERGER & JANUZZI, LLP
2225 Millennium Way
Enola, Pennsylvania 17025
Telephone Number: (717) 728-3200
Fax Number: (717) 728-3400
Attorneys for Plaintiff
BRENT MILLER,
Plaintiff
V.
S. JOANNE WILBUR, PERSONAL
REPRESENTATIVE OF THE ESTATE OF
ROBERT WILBUR, DECEASED AND
DONALD D. DIMOV,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-2196 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO END, SETTLE & DISCONTINUE AS TO ALL DEFENDANTS
TO THE PROTHONOTARY:
Please mark the above action ended, settled and discontinued with
prejudice.
Respectfully submitted,
SHOLLENBERGER & JANUZZI, LLP
A
By.
Timothy A. Shollenberger, Esquire
Attorney I. D. #34343
Adam T. Wolfe, Esquire
Attorney I.D. #201057
Dated: f 67
r?
f?`_-_'- ?
_..,
?ra
_ ,.
r.., f.,,.'- ? T
r;?s;:.
?';; ?"C:
?? : ?r??
'?= '..?C
._,t