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HomeMy WebLinkAbout05-3970 METZGER, WICKERSHAM, P.c. By: Clark DeVere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Donna J. Gibson and William C. Gibson DONNA J. GIBSON and WILLIAM C. GIBSON, Individually and as Wife and Husband, Plaintiffs . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-~ CIVIL TERM CNIL ACTION - LAW ZEBEDEE WHITE, Defendant JURY TRIAL DEMANDED TO: Defendant YOU HAVE BEEN SUED IN' COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 331897-1 A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las piiginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 po abogado y presentar en la Corte por escrito sus defensas 0 sus obj eciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier dinero reclamado en la demanda 0 po cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990.9108 331897-1 METZGER, WICKERSHAM, P.c. By: Clark DeVere, Esquire Attorney LD. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Donna J. Gibson and William C. Gibson DONNA 1. GIBSON and WILLIAM C. GIBSON, Individually and as Wife and Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-~CIVIL TERM CIVIL ACTION - LAW ZEBEDEE WHITE, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Donna J. Gibson and William C. Gibson, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiffs Donna J. Gibson and William C. Gibson, husband and wife, are adult individuals who, at the time of the incident herein, resided at 1003 Rebecca Street, Carlisle, Cumberland County, Pennsylvania. 2. Plaintiff William C. Gibson is a Lieutenant Colonel in the United States Army and Plaintiffs are temporarily residing at 19th TSC, AMC, Unit 15016, Box 495, APO, AP 96218. 3. Defendant Zebedee White is an adult individual residing at 866 Carlwynne Manor Apartment, Carlisle, Cumberland County, Pennsylvania, 17013. 331897-1 4. The facts and circumstances hereinafter set forth occurred on November 1, 2004, at or about 1 :53 P.M. on North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Donna Gibson was the operator of a 2002 Ford Escort 2 x 2 bearing Illinois Registration Plate No. 395-1703. 6. At the aforesaid time and place, Defendant Zebedee White was the owner and operator of a 1999 Ford Expedition bearing Pennsylvania Registration Plate No. FL T -9365. 7. At the aforesaid time and place, the vehicle operated by Plaintiff Donna Gibson was traveling North on North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, the Defendant, Zebedee White was in the parking lot of the City Park Diner located at the 300 Block of North Hanover Street, Carlisle, Cumberland County, Pennsylvania waiting to exit and make a left turn onto North Hanover Street. 9. At the aforesaid time and place, the Defendant, Zebedee White, pulled out into the roadway directly into the path of the vehicle being operated by Plaintiff Donna Gibson and without allowing the Plaintiff sufficient time or distance to avoid a collision. 10. At the aforesaid time and place, Defendant Zebedee White failed to stop the vehicle in time and struck the driver's side of the Plaintiffs vehicle. COUNT I DONNA GIBSON V. ZEBEDEE WHITE 11. Paragraphs 1 through 10 of Pia inti ffs' Complaint are incorporated herein by reference as if fully set forth. 12. Defendant owed a duty to Plaintiff Donna Gibson and other lawful users of the 33J897-J roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 13. The aforesaid collision was the direct and proximate result of the negligence ofthe Defendant Zebedee White, in operating the 1999 Ford Expedition in a careless, reckless and negligent manner as follows: a. Failing to slow or stop the vehicle he was operating so as to avoid a collision; b. Making a left turn when it was not safe to do so; c. Failing to yield to Plaintiff's vehicle; d. Moving his vehicle when it was not safe to do so in violation of75 Pa. C.S.A. S3333 and applicable law; e. Turning his vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. S3334 and applicable law; f. In operating the vehicle at an excessive rate of speed under the circumstances; g. Turning his vehicle left into a roadway without yielding the right-of.way in violation of75 Pa. C.S.A. S3322 and applicable law; h. Failing to slowly pull forward from a stopped position to a point where he had a clear view of approaching traffic after stopping at a crosswalk or clearly marked stop line in violation of75 Pa. C5.A. S3323(b) and applicable law; 1. In failing to yield the right.of-way to traffic already upon the roadway; J. In turning the vehicle he was operating left into the northbound lane of North Hanover Street directly into the path of Plaintiff's vehicle; k Operating his vehicle in careless disregard for the safety of persons and/or property in violation of75 Pa. C.S.A. S3714 and applicable law; L Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. S3736 and applicable law; m. Failing to yield the right-of-way when entering or crossing roadway III violation of75 Pa. C.S.A. S3324 and applicable law; 331897.1 n. In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the Plaintiffs vehicle; o. In failing to give warning to Plaintiff Donna Gibson of his impending collision with Plaintiff s vehicle; p. In failing to observe Plaintiffs vehicle and other vehicles on the highway; q. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; r. In failing to exercise the high degree of care required of a motorist entering or crossing a roadway; s. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; t. In failing to familiarize himself with the roadways and his surroundings; u. In not paying attention to his surroundings; v. In failing to keep his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; and w. colliding into Plaintiffs vehicle. 14. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiff, Donna Gibson, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine; 331897-1 (d) Neural foraminal impingement on the left side of C5-6; (e) Right knee contusion; (I) Suprapatellar effusion ofright knee; (g) Pain in the abdomen; (h) Left leg nerve injury; (i) DiskbulgeofL5-S1;and (j) Trauma to knee. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Donna Gibson, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 16. As a direct and proximate result ofthe aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Donna Gibson, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of Defendant, Plaintiff, Donna Gibson, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 18. As a direct and proximate result of the aforesaid collision and the negligence, 33J897-] carelessness and recklessness of Defendant, Plaintiff Donna Gibson sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances. 19. Plaintiff incurred mileage expenses to and from doctors' appointments in the amount of $186.30 for which she claims reimbursement from Defendant. See breakdown of the mileage expenses which is attached hereto and incorporated herein by reference as Exhibit "A". 20. Plaintiff incurred out-of.pocket expenses in the amount of$I,277.90 for the difference between a first class fare and a coach fare to Korea when her husband, William C. Gibson, was transferred to Korea with the United States Army. See letter from V.A.R. Kumar, M.D. dated February 3, 2005 recommending that she travel first class because of her severe back pain and the long flight; see copy of airline ticket from Delta showing payment of $2,163.00 for the trip to Korea; and see a Delta reservation form showing a coach fare of $885.10, all attached hereto as Exhibit "B". Plaintiff claims reimbursement in the amount of $1,277.90 which represents the difference between the first class fare and the coach fare. 2!. Plaintiff, Donna J. Gibson, was the named insured on a policy of insurance issued to her by United Services Automobile Association bearing policy number 00254 79 OOU 7113 7 which was in effect on the date of the above. referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the Declaration Sheet of said policy is attached hereto and incorporated by reference herein as Exhibit "C". Therefore, Plaintiff, Donna J. Gibson, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff Donna J. Gibson demands judgment in her favor and against the 331897-1 Defendant Zebedee White for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. COUNT II Plaintiff William C. Gibson v. Defendant Zebedee White 22. Paragraphs I through 21 hereof are incorporated herein by reference as if fully set forth. 23. During all relevant times Plaintiffs Donna J. Gibson and William C. Gibson, were husband and wife, and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of Defendant and as a result of the injuries to Plaintiff Donna J. Gibson, the Plaintiff William C. Gibson has been deprived of the assistance, companionship, consortium and society of his wife and has lost her services to him all to his great loss and detriment which may continue indefinitely. WHEREFORE, Plaintiff William C. Gibson demands judgment against Defendant Zebedee White for the aforesaid damages in an amount in excess of the limits of compulsory 331897-1 arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By: erG ~ ~<l Clark DeVere, squire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Hamsburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: 8' -I - 0 .;'" 331897-1 VERIFICATION I, Donna J. Gibson, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. .;' Dated: j$-;Jvt.Y.1Oo.> N}a.~ ,I ~/?- Donna J. Gibson 331897-1 VERIFICATION I, William C. Gibson, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content ofthe Complaint is that of counsel, I have relied upon such counsel in making this Verification, I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S,A. 94904 relating to unsworn falsification to authorities. Dated: 15?' I//..;/ ,J()(j S cP~ -, ~ William C. Gibson 331897-1 Itemized Out of Pocket expenses incurred as a result of Donna Gibson's automobile accident on November 1. 2004 1. Mileage to and from residence at 1003 Rebecca Street, Carlisle, PA 17013 to destinations and timeframes shown below. (a) The legal mileage rate as set by the government, which is .405 cents per mile; (b) Source for driving distances is Yahoo! Driving Directions (http://maps.yahoo.comldd) Dr. Kumar (Neurologist), 764 Lincoln Wav East. Chambersburg, PA 17201 . Roundtrip distance: 70 miles . Dates: 6 Jan, 3 Feb, 16 March Total mileage = 210 x .405 = $85.05 Carlisle Hospital (Radiology), 246 Parker Street. Carlisle, PA - Roundtrip distance: 6 miles . Dates: I Nov, 22 Nov. 04 Total mileage = 12 x .405 = $4.86 Penn's Wood Phvsical Therapv,419 Stoneheadge Dr #3, Carlisle, P A 17013 . Roundtrip distance: 10 miles . Dates: 18 visits (from Jan 05 to March 17) Total mileage = 180 x .405 = $72.90 Dunham Annv Health Clinic, 450 Gibner Rd #1. Carlisle Barracks, Carlisle, PA - Roundtrip distance: 6 miles . Total visits: 5 (from Nov 04.present) Total mileage = 30 x .405 = $12.15 Metzger Wickersham Law Office, 5521 Carlisle Pike, Mechanicsburg, PA . Roundtrip distance: 28 miles . Date: Nov 2004 Total mileage = 28 x .405 = $11.34 TOTAL EXPENSE FOR GASOLINE = $186.30 )26746-1 CUMBERLAND VALLEY NEUROSURGICAL CONSULTANTS 764 LINCOLN WAY EAST CHAMBERSBURG. PA. 17201-2768 NEUROSURGERY PHONE 717.263.3850 NEUROLOGY A.R.V.KUMAR, M.D.,F.R.C.S. (C) S.B. SOLLENBERGER, D.O. FAX 717-263.3379 February 3, 2005 To Whom It May Concern: Donna Gibson has been our patient for back problems and left leg numbness. I understand she has to go to Korea along with her husband. Because of the severe back pain that she has been experiencing and the disc bulge that she has I recommend she travel on a business class since it is a very long flight. She may also need some pain medications before she goes on the flight. She is undergoing physical therapy and she has some numbness in the left leg and for the time being there is nothing much we can do about this numbness and only time will tell what will happen in the long run, sometimes it is permanent. tIt she has any problems she can call our office for help. Sincerely yours, V.A.R. Kumar, M.D. V ARk/tv ~,~\n\'\\\\'\~"~\'\ _ l ~ ~.;&' 9' \ c:i \~~:l' 'j, ~ ~ ~\ I ~<1;a ,;~\% \ ~ ':i Ip ~ g cl::f~~~ 'f- ':i't. 'J. i <<6 ~ ~~~ -'" ... 0 ~ · ~-..I~~ -e--oo co ~~ ~ t~ o \ ~ ",3> ~ ~ ~. \t ~~ -; ~ o ,:\~1 '" -... '" ~ ~ ~ III a> 1li 0- ~~ q 0 a> ~ e. ~.~ '" g,\~ ~ (j ~ ~ ~ ~\% \ - ~ ~ ~ 0- ~! \ dill.... _ -;i~ $ -'& '" o~ g \ \' ~o\,~ ~ \ ~ ': 'd.~\i o-\~ '" ~J~ ~ \ ~ ~~ -;. ~ ~ \\~ ~ 0 o? % ~ ....... c- ~ ~ I~ .... !ii\ _ _ % ~'" ia i "0 ~ ~-,l!'~- > \ ~ if'" \ ..,i.;l , ~;" ~ ;;l ~ ~~l " ~,i ~ ~ 1ii~~g , "'~ .... ^" .... ~ ,. ~. ~.~ . ~~ ~ ~ ~ ~ ~ ~. ~ co ~ ;;;c! ~ ~ ~ ~..... ~~ ~ ~ ~il"i1 ~ i F t3 \II~ _~___. .u.'~"'" .6.Delta :~ Reservations Priced Itinerary (J Avoid direct ticketinQ charaes and online booking fees, plus earn up to 1,000 bonus miles when you purchase at detta.com. Prices shown include all taxes and fees. Price per passen~er: $885.10 (USD) Leg " ~"-. --- Stops Carrier Flight # Cabin & Class De pa rts From Time/Date Arrives To Time/Date 1 Chicago-Ohare, IqQS",oul, \ Detta7862' Coach(Q) on Sunday, 10 Jul 2005 PRO 12:45pm IC,,! 10 Jul2005 4:35pm 11 Jul 2005 o _.~___._____________.__.__ _ ..._______L *Flight operated by Delta Codeshare Partner. 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Fares include the following per passenger depending on itinerary: passenger facility charges up to $18 (US 0), ~~mbe.rJltb Secu~..f~~ of up to $10 (US D), U.S. departure taxes up to $28.20 (U80), and U_8. and foreign user, inspection, security or other similarly based charges, fees or taxes up to $250 (USO). . Fares and schedules subject to change without notice. . Fares offered at detta.com do not apply for reissue Of downgrade of previously purchased tickets. . Most Intemational Airport Departure Taxes are not included in the ticket price. J-a.gl.,; I Vi I .~~ .../ http://www.delta.comlbookinglservlet/Booking?cmd=availableFlights&hiddenFieldsld=l 1... 1/3112005 U'bA.A. ~t~t~UU~ ~:~~ ~M ~AU~ ::stUUb I'ax ::server ~. UNITED SERVICES AUTOMOBILE ASSOCIATION IA RECIPROCAL INTERINSURANCE EXCHANSEt BIDD F..dorickl.urg ROld - Son Anloni.. TOIII 182111 PENNSYLVANIA AUTO POLICY DECLARATIONS PAGE 3 ADDL INFO ON NEXT PAGE MAIL MCH-M- I NEW 51111 lob PDllCY NUMBER hn 00254 79 OOU 7113 7 POLICY PERIDD: 112:01 A.M. It..dl.d tlmei FROM JUL 06 2004 TO JAN 06 2005 OPERATORS 01 WILLIAM C GIBSON 05 DONNA JEAN GIBSON N.m.d Inourad and Addr... WILLIAM C GIBSON LTC USA 1003 REBECCA ST CARLISLE PA 17013-1631 ..on on 0 . VEH YEAR TRADE NAME F RD 17 02 FORD 5000 Tbe Veblcle I delc,lbed herein II irinCIPIIIY lllrl.,gld It the Ibon Iddrln unltss otherwise stated. It r./5~ '. lnm' F-F 'P-Plm r VEH 16 CARLISLE PA 7013-1031 VEH 17 CARLISLE PA 17013-1631 I po gy prov .. to.. Gov.,..g.. w .r. _ p....m um I I own . ow. . m ts . own may be r.duoed by pOlioy prOvi.iOns and may not b. DOmbined r.g.rdl..... Of the numb.r of valilcla. for which a nomlum I. lI.tad un I... . .clflc.1I authorlzad al..whara In thl. IIc, VEH VEH VEH VEH COVERAGES LIMITS OF LIABILITY 16 6-MONTH 17 6-MONTH ("' ACV' MEANS ACTUAL CASH VAWE) O-OEO PREMIUM O-OEO PREMIUM O-OEO PREMIUM C-CEO PREMIUM MOUN . MOUN . MOUN. OUN $ BODILY INJURY EA PER ~ 100,00 EA ACC 300,00 61. 02 61.02 PROPERTY DAMAGE EA ACC 100,00 49.39 49.39 PART B - FIRST PARTY BENEFITS MEDICAL EXPENSE 5 50iOOO WORK LOSS $ 5,0 0/$ ,000 MO FUNERAL EXPENSE $2,500 ACCIDENTAL DEATH $10,000 38.77 69.84 PART C - UNINSURED MOTORISTS STACKED BODILY INJURY EA PER ~ 100,00 EA ACC 300,00 21.64 21. 64 PART C - UNDERINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 100,00 EA ACC $ 300,00 17.94 17.94 TOTAL PRE IUM - SEE FO LOWI G PAG (S) OSS PAYEE VEH 16 SCOTT CREDIT UNION, COLLINSVILLE IL VEH 17 SCOTT CREDIT UNION, COLLINSVILLE IL NDORSEMENTS: A089(04) A400CW(01) 5100PA(D1) INFORMATION FORMS(NOT PART OF POLICY)- 5685(11) 39PA(01) 60FPA(01) 60PA(02) 55PA(03) 571APA(03) 571PA(03) 60EPA(07) 60DPA(07) 5000 U ~~ Rcrb.rt G. D.vj& Anornev-In-Fact UbAA 3/2/2005 3:28 PM PAGE 4/005 Fax Server PAGE 4 '" USAA" UNITED SERVICES AUTOMOBILE ASSOCIATION IA RECIPROCAL INTERINSURANCE EXCHAN6Ef BIOO F'"dlli.kl~urg ROld - Sin Antonio. To,," 78288 PENNSYLVANIA AUTO POLICY DECLARATIONS 6"" '" PDLICY NUMBER T... 00254 79 OOU 7113 7 POLICY PERIOD; 112;01 A.M. .llnda.d timal FROM JUL 06 2004 TO JAN 06 2005 Named In..ued and Addr... WILLIAM C GIBSON LTC USA 1003 REBECCA ST CARLISLE PA 17013-1631 ..or I on 0 . 0.. VEK YEAR TRADE NAME MODEL FORD RANG REG CAB PKP 4X 17 02 FORD ESCORT ZX2 CPE 2D IDENTIFICATION NUMiER IFTYR10D43PB21191 3FAFPl13X2R171092 VEH USE. .~lIl/StlllUl Mil.. [Jilt' S't'M a:; J.~. o W 02 5 17 P The Vehicle I describe herein II iflnCiPIII'l ...rIJ.d It the .bon eddrl81 un'll otherwlu stated. W/t-WuklhhDlI' t-llIlntw F-Flrn'P-'lmun VEH 16 CARLISLE PA 7013-1031 VEH 17 CARLISLE PA 17013-1631 .. PO lay prOYI .. 0.. Gover.g.. w .r. 8 p'ramlllm .&. own 8 ow. . Imlls .. own m.y b. r.duoed by POIIDY provl.lon. .nd m.y not be Dombln.d reg.rdl... of th. numb.r of vehlel.e for which. remlum I. lI.ad unl... . .elfle.1I .uthorlzed el.ewh.re In thi. olle. ACV LESS ACV LESS 1 -MONTH D=DED PREMIUM D-DED MOUN . OUN -MONTH PREMIUM O-DED PREMIUM . MQUN . D=OED DUN PREMIUM . COVERAGES LIMITS OF LIABILITY (" ACV" MEANS ACTUAL CASH VALUE) COMPREHENSIVE LOSS COLLISION LOSS 500 30.91 500 140.72 6 MONTH PREMIUM $ 704.29 FULL TORT APPLIES THE FOLLOWING COVERAGE ( S ) DEFINED VEH 16 - RENTAL REIMBURSEMENT, T VEH 17 - RENTAL REIMBURSEMENT, T THE LAWS OF THE COMMONWEALTH OF GENERAL ASSEMBLY, ONLY REQUIRE T FIRST PARTY MEDICAL BENEFIT COVE OR COVERAGES IN EXCESS OF THE LI ONLY AT YOUR REQUEST AS ENHANCE THE PREMIUM FOR THE BASIC COVERAGE IS: BI 15/30 i PD 5000 FIRST PARTY MEDICAL BENEFIT 5000 FOR: 72.12 86.32 24.44 I I ub...ib..a II UNITED ERVI E AUT M BILE JUNE 11, 2004 ~~ RClb.rt G. Dayie Attorney-in-Fact 5000 U ~ 8 7'J G> lrt ~ lJ\ \\- :-) ~: \ LIt ", .-\ V ..,...... ~";-::.. \'\ - w ~ - -cJ c:1 , , ~ ~ p- - ~.,., - ( \> ~ r ~~ i...:;'; ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION . LAW v. NO. 05.3970 ZEBEDEE WHITE, JURY TRIAL DEMANDED Defendant. PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearances of Robert A. Lerman, Esquire and Thomas B. Sponaugle, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for Defendant, Zebedee White, in the above-captioned matter and mark the docket accordingly. ER, LERMAN, SOL YMOS & By: obert A. Lerman, EsquireID #07 90 110 South Northern Way York, PA 17402 BY: ~is~a&~f:~585 110 South Northern Way York,Pennsylvania 17402 (717)757.7602 Counsel for Defendant, Zebedee White Dated: September Q., 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. NO. 05-3970 ZEBEDEE WHITE, JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE AND NOW, this ~th day of September, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney ofrecord as follows: Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Counsel for Plaintiff) By: '------.. '. Ro ert A. Lerman, Esquire 11 South Northern Way York, PA 17402 Counsel for Defendant, Zebedee White klr/white-prp . ~ ,.., ':;;., ,"') '=-\1 :::1 '_C C..il co f'\ rn GO c: (..ft" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. NO. 05-3970 ZEBEDEE WHITE, JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE AND NOW, this 15th day of September, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Zebedee White, to Plaintiffs, Set No.1 as indicated below, addressed to the party or attorney ofrecord as follows: Clark DeVere, Esquire Metzger, Wickersham, P.c. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Counsel for Plaintiffs) GRIFFITH, STRIC ER, LERMAN, SOL YM CALKIN 1 RO BY: (717) 757-7602 klr/white-int E ,;;;. -ceO. cp~X.\ .".' '{j,r" ~t: ':J?:.O ~o yC ~ Q, ~ ~~ a- !~ ~ ~~ ~ r;;? """ t.fI '"!:l:. ~ ~ 'A ..., - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CNIL ACTION - LAW v. NO. 05-3970 ZEBEDEE WHITE, JURY TRIAL DEMANDED Defendant. CERTIFICATE OF SERVICE AND NOW, this 15th day of September, 2005, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Zebedee White, to Plaintiffs, Set No.1 as indicated below, addressed to the party or attorney of record as follows: Clark DeVere, Esquire Metzger, Wickersham, P.e. 3211 N. Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (Counsel for Plaintiffs) GRIFFITH, STRI CALK BY: ROBERT A. LERMAN, E #07490 THOMAS B. SPONAUGLE, ESQUIRE #64584 Attorneys for Defendant, Zebedee White 110 South Northern Way York, PA 17402-3737 (717)757-7602 klr/white-rfpd ~ .:c,,~ ~\)). 7.1;,~ (Jj"' :;<;.;. l2.C -po .--, ';2;;"-,J y~ .-' " ~ "t\ ~ ~~ :p - 0 a' ~' ~ "" ~ ""0 ::s r:? (J\ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Donna J. and William C. Gibson cia Clark DeVere, Esquire Metzger, Wickersham, P.c. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 You are hereby notified to file a written response to the enclosed Answer & New Matter of Defendant Zebedee White within twenty (20) days from service hereof or a judgment may be entered against you. By: THO NAUGLE, ESQUIRE Supreme LD. #64584 Attorney fi Defendant 110 South Northern Way York,PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED ANSWER & NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted, 4. Admitted. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied at the aforesaid time and place, the Defendant pulled out into the roadway directly in the path of the vehicle being operated by Plaintiff Donna Gibson and without allowing the Plaintiff sufficient time or distance to avoid a collision. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and strict proof thereof is demanded. 10. Admitted. COUNT I DONNA GIBSON v. ZEBEDEE WHITE II. Paragraphs 1 through 10 of Defendant's Answer are incorporated by reference. 12. Denied. Paragraph 12 is a conclusion oflaw to which no response is required. 13. Denied. It is specifically denied the aforesaid collision was a direct and proximate result of the negligence of the Defendant in operating a 1999 Ford Expedition in a careless, reckless and negligent manner as follows: a. Failing to slow or stop the vehicle he was operating so as to avoid a collision; b. Making a left turn when it was not safe to do so; c. Failing to yield to Plaintiff's vehicle; d. Moving his vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. 93333 and applicable law; e. Turning his vehicle when it was not safe to do so in violation of 75 Pa. C.S.A. 93334 and applicable law; f. In operating the vehicle at an excessive rate of speed under the circumstances; g. In turning his vehicle left into a roadway without yielding the right-of. way in violation of75 Pa. C.S.A. 93322 and applicable law; h. Failing to slowly pull forward from a stopped position to a point where he had a clear view of approaching traffic after stopping at a crosswalk or clearly marked stop line in violation of 75 Pa. C.S.A. 93323(b) and applicable law; L In failing to yield the right.of-way to traffic already upon the roadway; J. In turning the vehicle he was operating left into the northbound Jane of North Hanover Street directly in the path of Plaintiff's vehicle; k. Operating his vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. 93714 and applicable law; L Operating his vehicle in reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. 93736 and applicable law; m. Failing to yield the right-of.way when entering or crossing roadway in violation of7S Pa. C.S.A. 93324 and applicable law; n. In failing to apply the brakes to the vehicle he was operating or take other evasive action to avoid a collision with the Plaintiffs vehicle; o. In failing to give warning to Plaintiff of his impending collision with Plaintiff s vehicle; p. In failing to observe Plaintiffs vehicle and other vehicles on the highway; q. In failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; r. In failing to exercise the high degree of care required of a motorist entering or crossing a roadway; s. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; t. In failing to familiarize himself with the roadways and his surroundings; u. In not paying attention to his surroundings; v. In failing to keep his vehicle under proper and adequate control so as not to expose other users to an umeasonable risk of harm; and w. Colliding into Plaintiffs vehicle. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proofthereofis demanded. 14. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circwnstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 14 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 15. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 15 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 16. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 16 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 17. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 17 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to foml a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 18. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 18 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 19. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 20. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. 21. Denied. Paragraph 21 is a conclusion oflaw to which no response is required. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. COUNT II PLAINTIFF WILLIAM C. GIBSON v. DEFENDANT ZEBEDEE WHITE 22. Paragraphs 1 through 21 of Defendant's Answer are incorporated by reference. 23. Denied. It is specifically denied that Defendant was negligent, careless or reckless. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent, careless or reckless and strict proof thereof is demanded. The remaining allegations in Paragraph 23 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegation, the same is denied and strict proof thereof is demanded. WHEREFORE, Defendant demands judgment in his favor and against the Plaintiffs. By way of further response, the following is asserted: NEW MATTER 24. Paragraphs I through 23 of Defendant's Answer are incorporated by reference. 25. Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted. 26. Plaintiffs' Complaint may be barred by the applicable statute of limitations. 27. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the Defendant and over whom the Defendant has no responsibility or right of control. 28. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of the negligence of the Plaintiff which consisted of the following: a. Failed to keep a lookout for other vehicles on the roadway; b. Failed to take evasive action to avoid the accident; c. Failed to drive her vehicle at a safe speed; d. Failed to operate her vehicle in accordance with existing traffic conditions and traffic controls; e. Failed to pay attention to her surroundings; and f. Failed to familiarize herself with the roadway and her surroundings. 29. Plaintiffs' claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of the Plaintiff as set forth above. 30. Plaintiffs have not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. 31. Plaintiffs' claims for non.economic damages may be barred because Plaintiffs have elected the limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 32. Plaintiffs may have failed to mitigate their damages. 33. Plaintiffs have received various benefits from other insurance arrangements, programs, or group contracts of insurance, including benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiffs may not recover the same benefit from this proceeding. 34. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have pre.existed this accident and were not caused as a result of the accident. 35. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have pre. existed this accident and were not aggravated or exacerbated as a result of this accident. 36. The injuries and damages the Plaintiffs claim to have sustained in this motor vehicle accident may have been sustained subsequent to this accident and may not be related to this accident. 37. Plaintiffs have recovered from the injuries which they allegedly sustained as a result of this accident. By: GLE, ESQUIRE 64584 Attorney for D fi dant 110 South Northern Way York, PA 17402 (717) 757.7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED VERIFICATION I veri(v that the foregoing facts are true and correct, upon my personal lmowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. .~ n",... ('ell'::; cl II ?~r*'Ae~' ll\li>, "'''\-10 (\ . Date: SEP 22 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05.3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 1J.. day of t)~ , 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Answer & New Matter by United States Mail, addressed to the party or attorney of record as follows: Clark DeVere, Esquire Metzger, Wickersham, P.e. 3211 N. Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 By: THOMAS PONAUGLE, ESQUIRE Supreme C urt J.D. #64584 Attorney fi Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 C') '" r.:> c; i:-;' o ('~) _-1 \ - o -n -\ ::r.:.-n [11f:==' -,,;.:.q -'. -, ~--- -:-. I ., .,") '}'~~1 <~~- ~~':"?, 0' -,-' ~p' <' ~<J '-< -,-, y: 1''' SHERIFF'S RETURN - REGULAR CASE NO: 2005-03970 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GIBSON DONNA J ET AL VS WHITE ZEBEDEE VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHITE ZEBEDEE the DEFENDANT , at 2038:00 HOURS, on the 29th day of August at 866 CARLWYNNE MANOR APARTMENTS 2005 CARLISLE, PA 17013 by handing to ZEBEDEE WHITE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18,00 4.00 .37 10.00 .00 32.37 r~~~ R. Thomas Kline 08/30/2005 METZGER WICKERSHAM Sworn and Subscribed to before By: j/~' Deputy vV- Sheriff me this :J( day of A,D. Prot a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plain tiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ')tJJ day of I)cfd.v. ,2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Response to Plaintiffs' Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110.0300 By: THOMAS B. S Supreme Co .D. #64584 Attorney for Defendant 110 South Northern Way York,PA 17402 (717) 757.7602 ..., C:=' C) 5; -n C> .-4 c: -, - ('.0 '" -:c:~ l"C c,,) Metzger, Wickersham, Knauss & Erb, P.e. By: Clark DeVere, Esquire Attorney J.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110.0300 (717) 238.8187 cdv(aJmwke.com Attorneys for Plaintiffs DONNA J. GIBSON and WILLIAM C. GIBSON, Individually and as Wife and Husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 2005.03970 CIVIL ACTION - LAW ZEBEDEE WHITE, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 24. Paragraph 24 is an incorporation paragraph and no reply required. If a reply is required, the Plaintiffs incorporate by reference the averments contained in their Complaint in this action. 25. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffs' Complaint states a cause of action upon which relief may be granted and Defendant has not filed any Preliminary Objections to the Complaint. 338183 26. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. 1029(e). By way of further reply, the two year statute of limitations applies to this matter and would not expire until November I, 2006, and the Complaint was timely filed and served upon Defendant. 27. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. 1029(e). By way of further reply, Plaintiffs' cannot more specifically respond to this New Matter because Defendant has failed to identify the individuals or entities he is referring to. 28. (a)-(f) Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. Nos. 1029(e) and 1030 (note). By way of further reply, Plaintiff, Donna Gibson, was not negligent in any manner. 29. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. Nos. 1029(e) and 1030 (note). By way of further reply, Plaintiff, Donna Gibson, was not negligent in any manner. 30. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. 1029(e). By way of further reply, Plaintiffs incorporate herein by reference paragraph 21 of their Complaint on their full tort election. Plaintiffs do not have to show a serious injury to recover in this matter. Nonetheless, Plaintiff, Donna Gibson, was seriously i~ured in this accident. 31. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Plaintiffs incorporate herein by reference paragraph 21 of their Complaint on their full tort .2- 338183 election. Plaintiffs do not have to show a serious injury to recover in this matter. Nonetheless, Plaintiff, Donna Gibson, was seriously injured in this accident. 32. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. I029(e). By way of further reply, Plaintiffs have mitigated their damages and Plaintiff, Donna Gibson, has secured the necessary medical treatment. 33. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. 1029(e). By way of further reply, Plaintiffs are entitled to recover for the iI\iuries and damages set forth in the Complaint filed in this action which is incorporated herein by reference. 34. Conclusion of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. I029(e). By way of further reply, Plaintiffs' injuries and damages as set forth in the Complaint filed in this action, which is incorporated herein by reference, were caused as a result of the accident at issue and Plaintiffs have a right to recover for those injuries and damages. 35. Conclusion of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. 1029(e). By way of further reply, Plaintiffs' injuries and damages as set forth in the Complaint filed in this action, which is incorporated herein by reference, were caused as a result of the accident at issue and Plaintiffs have a right to recover for those injuries and damages. 36. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. RC.P. No. I029(e). By way of further reply, Plaintiffs' injuries and damages as set forth in the Complaint filed in this action, which is - 3 - 338]83 incorporated herein by reference, were sustained as a result of the motor vehicle accident at Issue. 37. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. Re.P. No. 1029(e). By way of further reply, Plaintiffs have not recovered from the injuries sustained as a result of this accident. WHEREFORE, Plaintiffs, Donna and William Gibson, demand that Defendant, Zebedee White's New Matter be dismissed and that judgment be entered in Plaintiffs' favor and against Defendant as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.e. By: Clar~~q~ire Attorney LD. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: Or:~hPr /7, ;;.ooS -4 - 338183 VERIFICATION I, Donna 1. Gibson, hereby certify that the facts set forth in the foregoing Plaintiffs' Reply to Defendant's New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to Defendant's New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to Defendant's New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiffs' Reply to Defendant's New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to Defendant's New Matter are made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. ~~J~L- Donna J. Gibson Dated: ..J:? oc. -t :J=:>'" 338183 VERIFICATION I, William C. Gibson, hereby certify that the facts set forth in the foregoing Plaintiffs' Reply to Defendant's New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Plaintiffs' Reply to Defendant's New Matter is that of counsel and not my own. I have read the Plaintiffs' Reply to Defendant's New Matter, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Plaintiffs' Reply to Defendant's New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Plaintiffs' Reply to Defendant's New Matter are made subject to the penalties of 18 Pa. C.S.A S 4904 relating to unsworn falsification to authorities. ~~'- ~ William C. Gibson Dated: Ii =1' ..2=5 338183 CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and correct copy of Plaintiffs' Reply to Defendant's New Matter with reference to the foregoing action by first class mail, postage prepaid, this /7~day of October, 2005, on the following: Thomas B. Sponaugle, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 C4;-~ Clark De V ere, Esquire - 338183 ""' c,,:~ ,~.,"::-' .:..r. () -'il :? C:) C) -, CJ C') .~ .-.... J:". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendant Zebedee White certifies that: (I) A Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) No objections to the Subpoena have been received; and (4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice ofIntent to serve the Subpoena. By: GRIFFITH, STrLE , LERMAN, SOL YMOS AL S I THOM S . SPONAUGLE, ESQUIRE Supreme ourt J.D. #64584 Attorney for Defendant 110 South Northem Way York,PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Thomas B. Sponaugle, Esquire, counsel for Defendant Zebedee White, intends to serve a subpoena identical to the subpoena that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoena may be served. By: GRIFFITH, STRIC LER, LERMAN, SOL YMOS & s: ~KINY /{1~ THOMAS B. SP LE, ESQUIRE Supreme Court I . 4584 Attorney for Defendant 110 South Northem Way York, PA 17402 (717) 757-7602 In the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania Donna J. and William C. Gibson Plaintiffs No. 05-3970 vs. Action in - Law Zebedee White. Defendant Jury Trial Demanded SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dunham U.S. Army Health Clinic, 450 Gibner Road, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: All medical records on Donna Gibson, dlolb 1212/60, Social Security No. 263-69-5485 from 12-2-60 to present. at GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS, 110 S. Northern Way, York, PA 17402 (Address) You may deliver or mail legible copies ofthe documents or produce things requested by this Subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: Thomas B. SponauQle. ESQuire GRIFFITH. STRICKLER, LERMAN. SOL YMOS & CALKINS 110 South Northern Way, York. PA 17402 (7171757-7602 64584 TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: Defendant Zebedee White BY THE COURT: DATE: Seal of Court Prothonotary 1 Clerk, Civil Division IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONNA J. AND WILLIAM C. GIBSON, Plain tiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ')9, day of . V I ,; .~. I ,2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 by United States Mail, addressed to the party or attorney of record as follows: Clark DeVere, Esquire Metzger, Wickersham, P.C. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 GRIFFITH, ST . SOL YMOS By: THOMAS . P Supreme Court 1. . # 4584 Attorney for Defe dant 110 South Northern Way York, PA 17402 (717)757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this J1 ~, day of ('J:.u","n/~Y: \ , 2005, I, Thomas B. Sponaugle, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoena Pursuant To Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Clark DeVere, Esquire Metzger, Wickersham, P.c. 3211 N. Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 By: THOMAS . S Supreme Cou .D. #64584 Attorney for efendant 110 South Northern Way York, PA 17402 (717) 757-7602 \ r" 1') (,', "-' \..,-, ~n :i"i " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA J. AND WILLIAM C. GIBSON, Plaintiffs, CIVIL ACTION - LAW v. No. 05-3970 ZEBEDEE WHITE, Defendant. JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: C~.....~.1._ CLARK DEVERE, ESQUIRE Supreme Court J.D. # 68768 Attorney for Plaintiffs 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Date: (,../.y~oG", 354338-1 n c: ,...., C' a; ;;-- \; \ <..f"', o --.1 .-\ ;r:.~c ,lie, '...J ~- -^ - C.') 1"')