HomeMy WebLinkAbout87-0054I
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
PLAINTIFF*S ANSWERS TO
INTERROGATORIES PROPOUNDED BY DEFENDANT
DIRECTED TO PLAINTIFF
SET NO. I
TO: ROBERT A. SMYSER, JR.
c/o Steven J. Schiffman, Esquire
Serratelli & Schiffman
Suite 106 - 2040 Linglestown Road
Harrisburg, PA. 17110-9483
(Attorneys for Plaintiff)
PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005 and 4006,
as amended, you are required to file the original, and serve
a copy on the undersigned, of your Answers and Objections,
if any, in writing and under oath, to the following Inter-
rogatories within thirty (30) days after service of the Inter-
rogatories.
The Answers shall be inserted in the spaces provided
following each Interrogatory. If there is insufficient space
to answer an Interrogatory, the remainder of the Answer shall
follow on a supplemental sheet.
These Interrogatories shall be deemed to be continuing
in nature pursuant to Pa. R.C.P. 4007.4. If between the
time of filing your original Answers to these Interrogatories
and the time of trial of this matter, you or anyone acting
in your behalf learns the identity and location of additional
persons having knowledge of discoverable facts and the identity
of persons expected to be called as an expert witness at
trial not disclosed in your Answers, or if you or an expert
witness obtains information upon the basis of which you or
he knows that an Answer was incorrect when made, or know
that an Answer though correct when made is no longer true,
promptly supplement your original Answers under oath to include
such information thereafter acquired, and promptly furnish
such a Supplemental Answer on the undersigned.
CALDWELL & KEARNS
3631 North Front Street
Harrisburg,_PA. 17110
By ~~r
R e
(attorney I.D. No. ~1~5)
Dated: November 13, 1987 Attorneys for D~nt~
1. List all addresses at which you have resided during the
past ten (10) years and the date of each.
402 East Old York Road
Carlisle, PA 17013 (1969 to present)
2. State the names of all spouses with whom you have been
married in the past ten (10) years indicating the date and place
of each marriage, and the date and reason for the termination of
each marriage, including the term and number of any divorce
act ion.
Never married.
3. State the name and address of each school or other
educational institution which you have attended, listing the dates
of attendance and the courses of study. Include on-the-job and
any specialized training which you have received.
a) W.G~ Rice Elementary School Mt. Holly Pike
Mt. Holly, PA 17065
b) Boiling Springs High School Forge Road
Boiling Springs, PA 17007 (graduated 1980)
c) Harrisburg Area Community College
3300 Cameron Street Road
Harrisburg, PA 17110
(8/84 to 12/84, 8/85 to 12/85, Summer 1985,
1/86 through 7/86, 8/87 to present)
4. Have you ever pleaded guilty to or been convicted of any
crime in this or any other jurisdiction other than traffic
violations? If so, indicate the nature of the offense, the county
or state in which you were tried or pleaded Guilty and the
sentence and date thereof.
a) Indecent assault, Cumberland County, 1982, $500.00
fine.
b) Criminal mischief, Cumberland County, date unknown,
$50.00 fine.
c) Retail theft, Cumberland County, approximately 1981,
disposition unknown.
d) Two (2) under age drinking citations, Cumberland County,
dates and dispositions unknown.
5. Have you ever made any claim for any benefits under any
insurance policy or against any person, firm, or corporation, or
to the Social Security Administration for personal injuries or a
physical condition? If so, state the nature of the injury or
condition, the name and address of the entity to whom or against
whom it was made and the date thereof; and the nature and amount
of any payment received.
None, other than in the instance case.
6. Have you ever suffered any injuries in any accident;
either prior or subsequent to the incident referred to in the
attached police accident report? If so, please provide a detailed
description of the accident, including the date and place, a
description of the injuries, the names and addresses of hospitals
and/or physicians rendering treatment, the nature and extent
of recovery (a detail of disability if not fully recovered)
and whether you were compensated in any manner for such injury.
On November 1, 1987, while coming down the stairs inside my
house, the leg which was broken in the August 26, 1986
collision, gave way causing me to fall down a flight of eight
stairs. The fall caused another break in my leg near the hip.
I was treated at Carlisle Hospital and by several physicians.
As of this date, I have not recovered and still have restrictions
in movement, pain and shortening in the leg as a result. Copies
of medical bills for services are attached hereto. They list
the physicians who treated me and the date of treatment. I have
not yet been compensated for this injury.
7. Have you ever had any seriour illness, sickness, disease
or surgical operations, either prior or subsequent to the incident
referred to in the attached police accident report. If so,
give a detailed description of such illness including the date
thereof and the physicians and/or hospitals providing treatment.
No. (I am asthmatic, but do not consider that to be a
serious illness, sickness or disease.)
8. Do you have a family physician or other medical practitioner
with whom you consult for a general, physical or mental complaint?
If so, give his name and address and the date upon which you
last consulted him or her, and the reason for such consultation.
Dr. Blacksmith, Medical Arts Building, Wilson Street,
Carlisle, PA.
9. Have you ever entered or been committed to any institution
either public or private, for the treatment or observation of
mental conditions, or disorders of any kind? If so, indicate
the name and address of the institution, the length of your
stay and the purpose for your admission.
No.
10. If you were employed during the past five years, state
the name and address of your employer, the position held and
nature of work performed, the dates of such employment and the
hours worked and wage earned.
a. All American Truck Plaza, Cashier, 1/86 to present,
$4.50 per hour.
b. Piezo Crystal Co., lap operator, 6/11/84 to 2/26/85,
and 5/20/85 to 1/3/86, $4.07 per hour.
11. Did you file income tax returns with the Director of
Internal Revenue for any of the past three (3) years, or with any
state, municipality or other governmental tax authority or
department? If so, attach copies of income tax returns filed with
Internal Revenue Service for these years.
Yes. Copies attached.
12. Have you sustained any financial loss or diminution in
earning capacity as a result of the incident complained of? If
so, describe the nature and amount of such loss or losses.
Yes. Lost wage information was previously provided. In
addition, I missed a semester at HACC which has delayed
my entry into the job market.
13. State in detail the nature of the injury and injuries
you allege that you suffered as a result of the incident referred
to in the attached police accident report, and with respect
thereto, indicate the extent and nature of any disability, the
location of pain suffered and duration and intensity of such
pain, and whether you suffered restraint of your normal activities
due to the injuries including the nature of such restraint and
the date(s) of such restraint.
See attached medical records and reports.
14. If you received any treatment with respect to the
injuries allegedly suffered, state:
(a) The name and address of each hospital in which you
were treated or admitted;
See attached medical records, reports, and bills for
services.
(b) The dates on which said treatment was rendered,
including the dates of entry and discharge into and from said
hospital or hospitals;
(c) Itemize the services rendered by each of the
hospitals listed above;
(d) The name and address of each physician, surgeon,
osteopath, chiropractor, medical or dental practitioner, hospital
and/or health care provider of any type whatsoever who has
examined or treated you, or conferred with you with respect to the
injuries alleged, and
(e) Itemize the costs and expenses of each such
examination or treatment by those listed in (d) above.
6. Have you ever suffered any injuries in any accident;
either prior or subsequent to the incident referred to in the
attached police accident report? If so, please provide a detailed
description of the accident, including the date and place, a
description of the injuries, the names and addresses of hospitals
and/or physicians rendering treatment, the nature and extent
of recovery (a detail of disability if not fully recovered)
and whether you were compensated in any manner for such injury.
16. If you have incurred any medical bills or expenses of any
kind in connection with the alleged injuries not heretofore
listed, state the person with whom such bill was incurred, the
amount of such bill and the service or thing for which the bill
was rendered.
All medical bills or expenses are evidenced by attached
documents.
17. If you are still receiving medical service or treatment
or any nature whatsoever, state the name(s) or the person(s)
attending you, the approximate frequency of said treatment or
service and the date you last received said treatment or service.
Dr. Allan J. Mira. Seen approximately once per month.
Last visit - March 25, 1988.
18. State the dates during which you were confined following
your discharge from the hospital to your bed and to your home.
I was first able to leave my bed approximately Saturday,
September 6, 1986. I briefly went into my yard, then returned
to the house and my bed. The first time I actually left the
premises of my house was Tuesday, October 7, 1986.
With respect to the November 1, 1987 fall, I was confined
until approximately November 13, 1987 when I returned to be
examined by Dr. Mira.
19. State whether you sustained any injuries or had any
disease, deformity or impairment prior to the incident here
involved which in any way whatever affected those parts of your
body which you claim were injured as a result of the incident
herein involved, and state the nature of such injury and the names
and addresses of doctors and/or hospitals providing treatment.
None.
20. List all hobbies and forms of recreation in which
you have participated in the last ten (10) years.
Wrestling, football, hiking, bicycling, and swimming.
21. Identify by name and address of owner and by the make,
model and year, each vehicle known or believes by you to have
been involved, directly or indirectly,in the accident referred
to in the attached police accident report.
See accident report.
22. State in detail the manner in which you assert that
the incident referred to in the atached police accident report
occurred, specifying the speed, position, direction and location
of each vehicle involved during its appraoch to, at the time
of, and immediately after the collision.
I was riding my motorcycle south on North Hanover Street
approaching the intersection with Media Road. I was following a
truck at the time. The truck began to make a right hand turn onto
Media Road. I continued straight, observing traffic and generally
being cautious. The Defendant's car was pointed easterly and was on
Media Road, stopped at its intersection with North Hanover Street.
As the truck made its right hand turn onto Media Road, the Defendant
drove his vehicle into the intersection and headed directly for me.
22. Continued
I attempted to avoid the collision, and made all efforts to
do so, but was unable to. I braked and left a skid mark,
but eventually my motorcycle hit directly into the front left
side of the Defendant's car, throwing me onto the hood of the car.
I am not sure of my exact speed but I was traveling well within
the 35 m.p.h, speed limit. I do not know the speed of Defendant's
car when the collision occurred.
23. List the names and addresses of all persons known or
believed by you or any person acting on your behalf, to have
firsthand knowledge of the facts and circumstances of the incident
or of the events leading up to or following the incident.
In addition to the eyewitnesses listed on the accident
report, the following individual took photographs of the
accident scene almost immediately following impact:
R.C. Reidenbach, 53 Winchester Gardens, Carlisle, PA 17013
24. List the names and addresses of all persons, including
potential expert witnesses, from whom you or anyone acting on your
behalf has obtained any information and/or statements as to how
the incident happened or the cause of the incident. Please attach
any such statements.
None at this time.
25. State the full name and last known address, giving
the street, street number, city and state of every witness known
to you, or to your attorneys, or representatives, who claim
to have seen or heard any party to this action make any statement
or statements pertianing to any of the events or happenings
which is the subject of this suit.
See police accident report.
26. At the time of the incident referred to in the attached
police accident report, did you have any condition for which
you wore eyeglasses, or for which eyeglasses had been prescribed
for you and if so state whether you were wearing eyeglasses
at the time of the incident referred to in the attached police
accident report.
No.
27. Were you ever charged for any violation of the motor
vehicle or traffic laws or ordinances of any state or municipality
arising out of the incident referred to in the attached police
accident report. If so, state by whom and before whom you were
charged and the disposition of the charge.
No.
28. Were there any policies of insurance that covered
you on the date of the incident against the type of risk involved
here? If so, for each policy indicate the name and and address
of the insurer, the policy number and the name of the insured
on said policy.
No.
29. If you intend to call any technicians or experts
(including medical experts) as witnesses during the trial of this
action, please state with respect to each such technician or
expert:
(a) His name, address, and the professional occupation
and field in which he is an expert (you may attach his curriculum
vitae);
This information will be provided.
(b) The subject matter on which .the expert is expected to
testify and the substance of the facts and opinions to which the
expert is expected to testify and a summary of the grounds for
each opinion.
This information will be provided.
(C) If the opinion is based upon a medical or scientific
rule or principle, or is based upon any code, regulation, standard
(governmental or otherwise) or is based upon any scientific,
medical or engineering textbook or publication, indentify the
scientific or medical rule or principle, code or regulation or
scientific, medical or engineering textbook or publication.
This information will be provided.
30. Were any of the experts listed in answer to Interrogatory
No. 29 compensated for their work and efforts in connection with
this action? If the answer is affirmative, please state how much
the expert is to be paid, whether he has already been paid, and if
not, when he will be paid.
This information will be provided.
31. In lieu of a signed verification to Interrogatory
29, the expert may file a signed copy of his report covering
the substance of that Interrogatory in accordance with R.C.P.
4003.5(a)(1)(b).
This information will be provided
31. In lieu of a signed verification to Interrogatory ~, the
expert may file a signed copy of his report covering the substance
of that Interrogatory in accordance with R.C.P. 4003.5(a) (1) (b).
32. Have you ever applied for insurance and/or no-fault
benefits as a result of the injuries sustained in this accident?
If so state the name and address of the insurance carrier to whom
you have applied and indicate whether any part of your claim has
been rejected.
Other than the claim against Matthew Burr and this
lawsuit, no.
33. State whether the vehicle you were driving or riding in
when the accident occurred was equipped with a seatbelt or other
restraining device. If so, describe the device and state whether
the device was in use at the time of the accident.
No, since I was riding a motorcycle.
34. If the vehicle you were driving or riding in was equipped
with a restraining device and that restraining device was not in
ase at the time of the accident, state the reason why you were not
using the device.
Not applicable.
C AL DWE ~
By Swartz,~~uire '
(Attorney I.D.~1265)
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CERTIFICATE OF SERVICE
AND NOW, ?/O~--/~.~ , 1987, I hereby certify that I
have served the within document on the following by depositing
a copy of the same in the U. S. Mails at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Steven J. Schiffman, Esquire
Serratelli & Schiffman
Suite 106 - 2040 Linglestown Road
Harrisburg, PA. 17110-9483
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-7661
By
Richard B. Swartz, Esquire
(Attorney I.D. No. 42165)
VERIFICATION
I hereby verify that the statements made in the attached
Answers to Interrogatories are true and correct. I understand
that false statements herein are made subject to the penalties of
18 Pa.C.S. Sec. 4904, relating to unsworn falsification to
authorities.
Robert A. Smyser, Jr. ~3 ~
CERTIFICATE OF SERVICE
I, Joseph K. Goldberg, Esquire, do hereby certify that on
this q~--
day of May, 1988, I served a copy of the Plaintiff's
Answers to Interrogatories Propounded by Defendant Directed to
Plaintiff by first class mail, postage prepaid, in the Post
Office at Harrisburg, Pennsylvania, to the following person(s):
Richard B. Swartz, Esquire
3631 N. Front Street
Harrisburg, PA 17110
Deer Park Woods Office Park
2040 Linglestown Road, Suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
ROBERT A. SMYSER, JR. : IN THE COURT OF COMMON PLEAS
:
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. ~
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
:
Defendant : JURY TRIAL DEMANDED
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
You are hereby directed to issue a Writ of Summons against
the Defendant in the above
captione~matter.
Deer Pa%h Woo~ Park
Suite 106
2040 Linglestown Road
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
P.O. Box
Carlisle, PA 17103-0760
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
:
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. ~q /
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
:
Defendant : JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF DOCUMENTS
Pursuant to Pennsylvania Rule of Civil Procedure 4009
Plaintiff requests that the Defendant produce for its inspection,
copies of all documents or photographs identified in Answers to
Interrogatories 1-40 thirty (30) days from service hereof. Such
Request for Production of Documents may be satisfied by attaching
to the Answers to these Interrogatories a copy of each said
document identified in your Answers 1-40.
Respectfully submitted,
.~/z ~ S t eve n/J/.-S c h i/~an, sq.
SERRA? ZLI
Third~Fl., l~6Market Street
Harrisburg, PA 17101-2016
(717) 233-8474
Andrea C. Jacobsen, Esq.
P.O. Box 760
Carlisle, PA 17103-0760
S~RIF~ ' $ .RETUP~N
COMMON~-E~-LT'R OF PENNSYLVANIA In the Court of Common Pleas of
COUNTY OF CL~ER3.A~N-D Cumberland County, Pennsylvania
No. 54 Civil 1987
Writ of Summons Request For Production
of Documents Plaintiff's First Set o~
Robert A. Smyser Jr. Interrogatories to Defendants
V$
Matthew L. Burr
Rodney Smith . S~ or Deputy Sheriff of
Cumberland Coun~7, Pennsylvania, who being duly sworn according co law, says,
Writ of Summons Request For Production of Documents
:hat he served :he %~hin Plainitff'd First Set of Interrogatories to Defendants
Matthew L.Burr the defendan:, at 3:20 o'clock P..M.
EST /X~, on :he 13th day of January , 19 87., a:
816 Faitview Road. Carlisle ,Cumberland County,
(street number) (ci:y or gown)
pennsylvania, by handing :o Lois Burr Mother
Writ of Summons Request For Production of Documents
a tz'ae and a~tested copy of ~he Plaintiff's First Set of Interr_~mtmr~mm ~m D~nHmmt
and a~ :he same time directing her attention ~o ~he con:en:s ~hereof and
the "Ndtice to Plead" endorsed :hereon.
She.~.ff's Costs: So answers~:
Docke :!nS 14.00
Service 2.05
.~ffidavi: WILLI. IM K. BECK, Sheriff
$~rchar~e 2.00
$ 18.05 pd. by
$wor.~ and subscribed before me atty 1-13-87 by ~..~'j~~~
' - Depu~f Sheriff
-~rothonot ary
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
DEFENDANT'S ANSWER TO PLAINTIFF'S FIRST
SET OF INTERROGATORIES
CALDWELL & KEARNS
3631 North Front Street
Harrisburg PA. 17110
(717) 232-% 61)
By
iro
(Attorney I.D7 NO. 41265)
Dated:
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
:
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. ~ C~i~ /~>~
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
:
Defendant : JURY TRIAL DEMANDED
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANTS
TO: Matthew L. Burr
816 Fairview Road
Carlisle, PA 17013
PLEASE TAKE NOTICE, that you are required pursuant to
Pennsylvania Rule of Civil Procedure 4005 and 4006 to serve upon
the undersigned in thirty (30) days from service hereof, your
answers in writing, under oath, to the following interrogatories:
DEFINITIONS
1. "Plaintiff" means Robert A. Smyser, Jr.
2. "Defendant" means Matthew L. Burr.
3. "Document" means any writing of any kind, including
written, recorded or graphic matter, however produced or
reproduced. It includes all matters that relate to or refer
to in whole or in part to the subject referred to in any
Interrogatory. If a document has been prepared in several copies
or if additional copies have been made and the copies are not
identical (or by reason of subsequent modification by the
addition of notations or other modifications, copies are no
longer identical) each non-identical copy is a separate
"document". The term "document" includes, but is not limited to
correspondence, personal and inter-office memoranda, notes,
diaries, log books, statistics, letters, telegrams, minutes,
contracts, reports, studies, check statements, receipts, returns,
summaries, pamphlets, books, inter-office and intra-office
communications, notations or memoranda of conversations,
bulletins, printed matter, computer printouts, teletypes,
invoices, recordings, worksheets, workpapers, and all drafts,
alterations, modifications, changes and/or amendments of any of
the foregoing.
4. "Ail documents" means every document as above defined
known to you and every such document which may be located or
discovered by reasonable effort.
5. The term "possession, custody, or control" includes the
joint or several possession, custody or control not only by
defendant(s), but also by each and any person acting or
purporting to act in concert with or on behalf of the
defendant(s) whether as an employee, attorney, accountant or
otherwise.
6. "Identify" or "Identification" when used in reference to
any natural person means to state the full name of such person,
if known, his present or last known address, telephone number,
his present or last known position and/or business affiliation,
and his business address and telephone number. "Identify" or
"Identification" when used in reference to a document means to
state the type of document, for example, e.g. letter, memorandum,
telegram, etc., its date, the number of the addressee or
addressees, the number of the sender or senders, the title or
heading. If the document is preprinted, the present location of
such document, and all known copies. If a document is not in
defendant(s)'s possession, custody or control, state what
disposition has been made of such document and all copies.
"Identify" and "Identification" when used in reference to a
person other than a natural person means to state the nature of
such person (e.g., corporation, partnership, proprietorship,
etc.), full name, address, and telephone number. Identify those
persons employed by such entity with whom you dealt and state the
subject matter with respect to which you dealt with such person.
7. "Accident" when used shall mean the motor vehicle
accident described in the police report attached as Exhibit "A"
hereto.
INSTRUCTIONS
1. These interrogatories shall be deemed to be continuing
and if between now and the time of trial any additional
3
information comes into your custody, possession or control, you
shall be under a continuing obligation to supplement your answer
to these interrogatories.
2. If any object is asserted or document withheld under
claim of privilege, please furnish the following:
a. Identify the interrogatory to which an objection is
asserted or identify the document withheld;
b. State the nature of the asserted privilege and the basis
upon which it is claimed;
c. Provide a description of the nature and subject matter of
the information requested or the documents withheld.
INTERROGATORIES
1. Please identify yourself by stating your full name and
address.
Matthew L. Burr, 816 Fairview Road, Carlisle, PA. 17013
2. State whether there exists any policy of liability
insurance, insuring the Defendant from liability for personal
injury damages arising out of the accident. Attach a copy of such
policy to your answers to these interrogatories.
Attached is a copy of the poiicy.and declaration, sheet.
3. If your answer to the preceding is "yes", state:
(a) the name and address of the insurance company issuing
said policy:
United Services Automobile ASsociation, USAA Building, P. O.
33490, San Antonio, Texas 78265.
(b) the number of said policy;
138-24-81-06.
(c) the effective date and expiration date of said policy;
July 1, 1986 to January 1, 1987
(d) the limits of liability insurance coverage afforded by
said policy for injuries sustained in any one occurrence by any
one person.
$300,000 per person/S500,000 per occurrence.
(e) the limits of total liability insurance coverage
afforded by said policy for injuries sustained in any one
occurrence by any one person;
See answer to (d) above.
(f) the name and address and position in the insurance
company of the supervisory employee who is responsible for
Plaintiff's claim.
Arnold Cantu of USA3~ USAA Building, P.O. Box 33490, San Antonio,
Texas.
4. State whether there exists any policy of liability
insurance insuring the Defendant for personal injury damages
5
arising from the accident in excess of the limits described in
the answer to the previous interrogatory. Attach a copy of such
policy to your answers to these interrogatories.
None.
5. If your answer to the preceding interrogatories is "yes",
state: Not applicable.
(a) the name and the address of the insurance company
issuing said policy;
(b) the number of said policy:
(c) the effective date and expiration date of said policy;
(d) the limits of liability insurance coverage afforded by
said policy for injuries to any one person;
(e) the limits of liability insurance coverage afforded by
said policy for injuries sustained in any one occurrence by any
one person; and
(f) the name, address and position in the insurance company
6
of the supervisory employee who is responsible for Plaintiff's
claim.
(g) Identify the Insurance Company's investigation file and
attach a copy to your answers to these interrogatories.
6. With regard to the vehicle driven by Defendant, state the
following:
(a) What speed was your vehicle traveling at the time when
you first saw Plaintiff's motorcyle?
Five miles per hour.
(b) What speed was your vehicle traveling at the moment of
impact?
My vehicle was stopped at time of impact.
7. Describe the course, direction, path and distance in feet
traveled by your vehicle and Plaintiff's motorcycle from the time
you first saw Plaintiff's motorcycle, through the point of impact
and until your vehicle and the motorcycle came to a complete
stop.
I had travelled approximately ten feet into the roadway when
I saw the motorcycle suddenly swing around a van which was
turning right onto the road on which I was traveling. I stopped
at the moment of impact. The motorcycle came around the left
side of the van. The point of impact was in the middle of the
roadway.
8. Please describe the location where the alleged occurrence
happened, stating in your answer: The accident occurred at the
intersection of Route 11 and Media Road in Carlisle.
(a) the width of all roadways or streets involved;
Each lane was approximately 12 feet.
(b) the location and nature of all obstructions to your
vision as your school bus travelled approaching the point of
impact, and; I was operating a car, not a school bus. A
van turning right onto my road hid the motorcycle which was
following closely behind the van and which swung out to the
left(~ the yan ~mmedia~ely.prior~to.the accident.
the location ana nature or signs or traffic control
signals.
I had a stop sign. I had stopped before proceeding into the
intersection.
9. Please state the time, in minutes and seconds, that
elapsed from the time that you first observed the Plaintiff's
motorcycle and the moment of impact.
A very short period of time. I was completely stopped at the
time of the impact.
10. With reference to the time when you first observed the
Plaintiff's vehicle, please state the approximate distance in
feet:
(a) between the motor vehicle operated by you and the
Plaintiff's motorcycle;
Fifteen feet.
8
(b) between the motor vehicle operated by you and the point
of impact;
Five feet.
(c) between the Plaintiff's motorcycle and the point of
impact;
Fifteen feet.
11. Did you keep Plaintiff's motorcycle in view constantly
from the time you first saw it to the moment of impact?
Yes.
12. What was the speed of Plaintiff's motorcycle when you
first saw it?
Approximately twenty-five miles per hour.
13. Please state the exact spot, in or near the
intersection, where your vehicle and the motorcycle came
together, stating as accurately as possible the precise spot by
giving measurements from some fixed object at the scene, such as
curb stones, line of intersection, etc.
Accident occurred in the westbound lane of Route 11, directly
in the middle of its intersection with Media Road.
9
14. Please describe in full detail the points of contact
between the vehicles, naming every part of each vehicle that was
damaged.
The front of the motorcycle hit my left front fender, damaging
my left front side, hood and headlight.
15. If you sounded your horn, state the number of seconds,
before the moment of impact when you did so.
Not applicable.
16. If you attempted to divert the course of your vehicle to
avoid striking the Plaintiff's motorcycle, state:
(a) the number of seconds before the moment of impact when
you did so;
The only thing I could do was jam on my brakes.
(b) the distance from the point of impact when you did so;
I was five feet from the point of impact when I jammed on my
brakes.
(c) the direction in which you turned your vehicle, the path
of the vehicle, until and beyond the point of impact, and the
place that it came to rest as a result thereof.
I had just entered Route 11 to turn left (east) on Route 11,
but had not yet turned. I stopped on Route 11 in the west lane
where the accident occurred.
10
17. Describe why you were unable to avoid striking the
Plaintiff's motorcycle.
I did not see the motorcycle until he was fifteen feet away
from my car because the motorcycle was masked by the van, either
passing it or hidden behind it.
18. Describe any and all physical injuries you observed the
Plaintiff to have sustained after the impact with your vehicle.
The Plaintiff landed on my hood. He was in obvious pain, but
conscious.
11
IDENTITY OF EXPERT
19. Does Defendant intend to call any technicians or experts
(including medical experts) as witnesses during the trial of this
action? If so, for each technician or expert state:
Undetermined at this time.
(a) his name, address and telephone number;
(b) the name and address of his employer;
(c) his professional occupation and the field in which he
allegedly is an expert;
(d) the name and description of the person, substance,
product or object that was tested, analyzed or examined.
EDUCATION OF EXPERT
20. For each expert or technician listed above state whether
that person had a formal education in this field. If the
Answer for any expert is in the affirmative, then for each expert
state:
See answer to Interrogatory 19.
(a) the name and address of each school where he received
special education or training in this field;
12
(b) the dates when he attended each school;
(c) the name or description of each degree he received
including the date when each was received and the name of the
school from which received.
21. Do any of the experts or technicians listed in Answer to
Interrogatory 19 have other specialized training in addition to
that listed in Interrogatory 20? See answer to Interrogatory
19.
If the Answer for any expert is in the affirmative, then for
each expert state:
(a) the type of training received;
(b) the name and address of the school or place where he
received his training;
(c) the dates when he received his training
MEMBERSHIP AND PROFESSIONAL ASSOCIATIONS OF EXPERT
22. Are any of the experts or technicians listed in Answer
to Interrogatory 19 members of any professional trade association
13
in their field? If the Answer is in the affirmative, for each
expert or technician state:
See answer to Interrogatory 19.
(a) the name of each professional or trade association;
(b) the date he became a member;
(c) the description of each office he has held in each
association.
AUTHORSHIP BY EXPERT
23. Have any of the experts listed in Answer to
Interrogatory 19 written any books, papers or articles of
subjects in their field? If so, for each expert or technician
state:
See answer to Interrogatory 19.
(a) the title and subject matter of each book, paper or
article;
(b) the name and address of the publisher;
(c) the date of publication.
14
EXPERT'S LICENSE TO PRACTICE PROFESSION
24. Are any of the experts or technicians listed in Answer
to Interrogatory 19 licensed by any government authority to
practice in his field? If so, for each expert or technician
state:
See answer to Interrogatory 19.
(a) the authority by whom he was licensed;
(b) the date when he was licensed;
(c) the general requirements that he had to meet to obtain
his license;
(d) how he fulfilled these requirements.
25. For all those experts or technicians described as
licensed in Answer to Interrogatory 24, please state whether
their license to practice has ever been revoked or suspended.
If the Answer for any expert or technician is affirmative,
then for each revocation or suspension state:
See answer to Interrogatory 19.
(a) the inclusive dates;
(b) the authority who revoke or suspended the license;
15
(c) the charge made;
(d) the punishment imposed.
PROFESSIONAL EXPERIENCE OF EXPERT
26. For each expert or technician listed in Answer to
Interrogatory 19, state the number of years such expert or
technician has worked in his particular field. Also, for these
periods please state:
See answer to Interrogatory 19.
(a) whether during the past ten years he was self-employed,
employed by someone else or associated with a partner;
(b) each address where he practiced or was employed;
(c) the dates he was with each employer;
(d) the type of duty performed with each employer.
27. For each expert or technician listed in Answer to
Interrogatory 19, state whether he has had any previous
16
experience in his field which involved problems similar to those
encountered in this action. If the Answer is affirmative for
any expert, please describe each similar problem with which he
has had experience.
See answer to Interrogatory 19.
28. For each expert or technician listed in Answer to
Interrogatory 19, state the name and address of his employer, the
date he has been so employed and his present duties.
See answer to Interrogatory 19.
INSPECTION OR TESTS
29. With reference to the experts or technicians listed in
Answer to these Interrogatories, please state the following:
See answer to Interrogatory 19.
(a) the dates that any of these experts made tests, analysis
or examinations of any person, product or object which is
involved in this action;
(b) where the tests, analysis or examinations were made;
(c) describe the steps used in this test, analysis or
17
examination;
(d) whether any results or conclusions were reached as a
result of these tests, analysis or examinations;
(e) the results of conclusions reached.
REPORTS
30. Did any of the experts listed in Answer to Interrogatory
19 submit a report of his objective findings? If so, for each
report state:
See answer to Interrogatory 19.
(a) the date the report was submitted;
(b) the name or other identification of the person to whom
this report was submitted;
(c) the name and address of the person who has present
custody of this report.
31. Did any of the experts listed in Answer to Interrogatory
19 submit a report setting forth his opinions or conclusions
See answer to Interrogatory 19.
18
reached from the tests, analysis or examinations that he
conducted. If the Answer is affirmative, for each report
state:
(a) the date it was submitted;
(b) the name or other means of identification of the person
to whom this report was submitted;
(c) the name and address of the person who has present
custody of this report.
PAYMENT OF EXPERT
32. Were any of the experts listed in Answer to
Interrogatory 19 compensated for his work and efforts in
connection with this action? If the Answer is affirmative,
please state how much the expert is to be paid, whether he has
already been paid and if not, when he will be paid.
See answer to Interrogatory 19.
19
EXPERT OPINIONS
33. For each expert or technician Defendant intends to call
as an expert witness at trial, please state the following:
See answer to Interrogatory 19.
(a) the subject matter on which the expert is expected to
testify;
(b) a description of the facts and opinions about which the
expert is expected to testify;
(c) a summary of the grounds for each opinion;
(d) if the opinion is based upon a medical or scientific
rule or principle, or is based upon any code, regulations,
standard (governmental or otherwise) or is based upon any
scientific, medical or engineering textbook or publication,
identify the scientific or medical rule or principle, code or
regulation or scientific, medical or engineering textbook or
publication.
34. In lieu of a signed verification to Interrogatory 33,
the expert may file a signed copy of his report covering the
20
substance of that Interrogatory in accordanCe with R.C.P.
4003.5(a) (1) (b).
See answer to Interrogatory 19.
35. Have you or anyone on your behalf obtained from any
person or persons an expert opinion or opinions on any matter
concerning the incident referred to in the Complaint whom you do
not expect to call as a witness at trial? NO. If so, state:
(a) the name and address of the person or persons from whom
such opinion was obtained;
(b) the date or dates such opinion or opinions were
obtained;
(c) was he or she retained or specially employed for the
opinion;
(d) by whom is the expert generally employed;
(e) was the expert paid a fee and/or expenses for his
opinion, and if so, by whom and what amount?
21
WITNESSES
36. Please identify for each and every witness to the
alleged occurrence:
(a) his name, address and company position (or status);
See police accident report.
(b) his location and the activity he/she was engaged in at
the time of the accident referred to the Complaint;
See police accident report.
(c) the substance of all statements, comments and actions
taken at the time of the accident; See police accident report.
(d) the verbatim contents, or attach a copy hereto, of all
reports, documents or other written statements made by such
witnesses regarding the accident described in the Complaint;
Attached hereto is a seven-page stranscript of a telephone con-
versation between Judy Penneypacker of Toensmeier Adjusting Co.,
and ~t~n~-the name and address of the person presently
having custody of such statements or reports.
Defendant's counsel presently has custody of the transcript, copy
of which is attached in response to (d) above.
37. For any report, statement, document, picture, photograph
22
or other written account of the accident as described in the
Complaint, made or caused to be made by you, your agents,
servants or employees, or by any insurance company or adjuster
acting on your behalf, please state:
See answer to Interrogatory 36 and police accident report.
(a) the date such report or statement was made;
(b) the name and company position of the person making such
report;
(c) the verbatim contents (or attach copies hereto) of each
such report or statement;
(d) the name and company position of the person presently
having custody of said reports or statements.
38. Does the Defendant contend that the Plaintiff was
comparatively negligent? Yes.
(a) If so, state in detail all facts upon which Defendant
base said contention, and state the name and present address of
each witness who will testify as to such facts.
I believe the Plaintiff was following too closely behind the
~an and was attempting to pass the van on a one-lane road. I have
no witnesses other than those previously listed in answer to
these interrogatories at present.
39. Does the Defendant or any of its agents, servants or
23
employees purport to have any testimony or evidence that the
Plaintiff was comparatively negligent with regards to the
accident which occurred on August 26, 1986, which is the basis
for this present suit?
See answer to Interrogatory 38.
40. If the Answer to the foregoing Interrogatory is in the
affirmative, state the following:
See answer to Interrogatory 38.
(a) the identity of each person providing said testimony,
specifying full name, address and witness and whether said
testimony was written or oral;
(b) if oral testimony was provided, please state the name
and address of the person receiving said testimony, the date on
which it was received, whether it was transcribed and if so, the
name and address of the person having custody of said
transcription.
(c) if the testimony was written, please state the name and
address of the person who obtained said testimony, the date on
24
which it was obtained and the name and address of the person
having custody of said testimony;
(d) if evidence is purported to exists other than in the
form of testimony, please describe each item and, if written or
printed, state its verbatim contents or attach copies hereto.
S teven ~y'~/~an, Esq.
SERRAT~ELI &/~CH I FFMAN
Deer P~th Wd~fds Office Park
Suite 106
2040 Linglestown Road
Harrisburg~PA 17110-9483
Andrea C/_~obsen, Esq.
P.O. Box[~
Carlisle, PA 17103-0760
25
COMMONWEALTH OF PENNSYLVANIA
3~1. 0~' ,tI~Afl~0~)R1AIt0N ~ POLICE ACCIDENT REPORT
'" I''1 NON' HAZARI. ' ·
~" ° .,~EPORTABLE L.JREPORTABLE MATERIA~.a
PA. 17120*
LEGALLY
RUN
OWI~W OF TP, A~r~
r~. 45- "LEGALLY ~s ~',LLEGALLY 'E ~ 'H,T ·
PARKED PARKED RUN ~S
L · ~' /zoo
~LER ~GiST~T~
OF
~ DANCED
~ I ~ ~R~T ~ ~tl ~ stat~: ~E~t K. {" ~Nt ate
4 - ~W ~ ~ ~
~YLIGHT 5 ~AD ~O~O - ~
O~KIST. LIGHTS ON) 4- F~. SMOK~ ~[.__y ,: ~AO ClN~REO~LTED O I
DARK (~ ST UGHTS) 5' ~INING AND FOGGY ~
CODES ON OVERLAY SHEET TO COMPLETE BLOCKS A THRU N OF THIS SECTION AME ADDRESS
,~r ~f
INVESTIGATING AGENCY USE
INDICATE NORTH
D~AGRAM I 1 I ! | VEHICLE NUMBER ~
, *' - · I1. AUTO/TRUCK IC~DY TYPE
~ - CONVER~E I~- ~CK-UP
~ ~R~ E- ~ ~ ~M~ 13 - VAN (NOT
.: , ~ B-4 ~ ~M~ MO~NG VAN
/~., ~/ ~- OTHER AUTO
. ~. ~ ~A~ ~NT OF
. ~:~ · . _ ~-
- ~~~~ 0 ~~ ~ - TOP
~ I ~- ~o~
~ ~ ' ~ I I I I I ' i ~ ~.WAS TO'NO REQ~RED? .O.NO I-YES
~um~r of Lanes on Princi~l Ro~d: ~ ~. ESTIMATED TRAVEL SPEED
NARRATIVE .-NONE (STOPPED/PARKED) ~ '0
· - - / . 01-97-CODE ACTUAL SPEED
NONE
- - ' - - ' / ~ - OTHER E~EHGENGY VEHIG~
-1-;' J ~ 11-TAXI
. . ~ 13 - TOWING TRUCK
' 15 - TOWING MOBILE/MODU~R
- ' ~ -- ~ "- 01*NON-F~MMABLE 13-
'--' / / / ~ ~ 02 - COMBUSTIBLE 15 - FLAMMA~E
~*.~ ~f~ ~ ¢ ~ ~., ~- ( f~. I~(~ ~Z. I~nl ~CII i~O (/"' .t[ r [ / 04' CORRO~VE--~ ~ ' ORGANIC PEROXIDE le. FLAMMA~E SOLID ' W
' ' ~- OXYGEN OAS
18 - FLAMMABLE
07 - POISON
] ~ - EXPLO~VE 'B" SOLID
_ .. _ "' ' 10 - OXIDIZER ~ - B~ASII~
~ 1 - POISON GAS 98 ' OT~R
~. VIOLATIdN~IN~C~TED ~.IT N~ 1 - [ ~ ClTATIONiSI~T .~1 i~Y ~ ~D) Z' CITATION RE~T
I
IlZZZImXI~XlxXIXXlZIllzzIXIllXXlllXIIZIlIZIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlII
~ tS THE
- I~STIGATI,
FO~ ALCOHOL TEST TYP~S - ~LOCKS 76 AND 7g 1 - ~LOOD 3 U~NE 8 - OTHEH
USE THE FOLLOWING CODES ~ - ~fiEATH 4 - TEST HEFUSED CHEmiCAL ~ETE
1" "' I''-'_ _,, t" "';
LTH OF PENNSYLVANIA ~,e I'~ g~ (~ <- ' I "~ ° <~ ID ,-'/ / --~ / .
~LICEA~IDENT ~~~ 0~, ~)~ ) I--~ ~
~UPPLEMENTAL VEHICLE, OPERATOR, OR PEDESTRIAN INFORMATI~ - UNIT NUMBER
..,..,o...,-. I'""" I""' I'''°''' I'* LEGALLY ! I' ILLEGALLY I I'PA,KED PA,KED HIT & ,UN ! :
'"-""' !'"" !'-' !"- I'-'""---'
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3~. USE COOES ON ORIGINAL OVERLAY SHEET TO COMPLETE BLOCKS A THRU N OF THIS ~ION
!.~ I..~t !.:~! ! 1':~4 Fq ~.
i.-..i L-~xL L-IL ~l-~ I:q I'.~
FOR ALCOHOL TEST TYPES - BLOCKS 41 AND 44 I - BLOOD 3 - URINE
8 OTHER CHEMICAL
USE THE FOLLOWING CODES: 2 - BREATH 4 o TEST REFUSED '
INVESTIGATING AGENCY USE
R~RT SU.L~ENTAL / ~ ~
OF
OPE RATO ~
INFORMATION UNIT
~UpPLEMENTAL VENICLE, OPERATOR. OR pEDESTRIAN
,.o.o LEGALLY ILLEGALLY HIT & RUN
PARKEO PARKED
I~. U~ CODES ON ORIGINAL OvERLy_: SHE ET TO ~:~U~N OF THIS SECTION H ' J K
7~0~ ' ~
, i
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FOR ALCOHOL TEST TYPES' B~OCKS 41 AND ~ 1' BLOOD 3' URINE .-OTHER CHEMICAL
~E THE FOLLOWING CODES: 2' BREATH 4' TEST REFUSED
~NV~STIGATING AGENCY USE
i~: ~URR
24 81 O6
,lB: THIS IS JUDY BENINGPACKER. I REPRESENT RICHARD BURR. I'H CALLING
FROM 233 6794. I'M INTERVIEWING MATTHEW BURR AT 243 6239. THIS IS
8-29-86 AT APPROXIMATELY 9:50. THIS INTERVIEW CONCERNS b_N AUTO
ACCIDENT WHICU OCCURRED 8-26-86. MR. BURR, DO I RAVE UR, YOUR
PERMISSION TO RECORD THIS INTERVIEW?
HB: YES,
JB: YOU DO REALIZE I AM RECORDING THE INTERVIEW?
fiB: YES.
JB: PLEASE GIVE [fig YOUR FULL NAME ~ SPELL YOUR LAST NAI~?
MR: MATTHEW LLOYD BURR, B U R R.
JB: YOUR CURRENT ADDRESS?
M~: UR, 816 FAIRVIEW ROAD, CARLYLE, PENNSYLVANIA.
JB; AND YOUR AGE?
MB; 21.
JB: MARITAL STATUS?
MR: SINGLE.
JB: AND ARE YOU EMPLOYED?
MB; UH, YES PART TIME.
JB: OKAY, WItERE ARE YOU EMPLOYED?
MB: AT WIOO HERE IN CARLYLE.
JB: OKAY ARE YOU A LICENSED DRIVER?
MB; YES.
JB: AND WHAT UR, STATE AND WtiAT TYPE OF LICENSE DO YOU RAVE?
IT'S A PENNSYLVb. NIA UHM, I DON'T KNOW WHAT YOU MEAN BY TYPE OF
LICENSE.
JB: JUST A REGULAR LICENSE?
MB: YEAH.
-2-
JB: OKAY, ARE THERE ANY RESTRICTIONS ON THE LICENSE?
MB: YES, FOR UH, GLASSES OR CONTACT LENSES.
JB: AND WHAT IS THE EXPIRATION DATE OF THE LICENSE?
MB: UH, FEBRUARY 28, 1987.
JB: AND HOW LONG HAVE YOU BEEN DRIVING?
MB: FOR ABOUT 5 YEARS I GUESS.
JB: OKAY DH, WHAT IS THE YEAR AND MAKE OF THE VEHICLE YOU WERE OPERATING
AT THE TIME OF THE ACCIDENT?
I~B:OKAY, A 1983 CHEVY CAVALIER STATION-WAGON.
JB: AND WHO OWNS THAT VEHICLE ?
MB: UH, MY FATHER.
JB: AND DH, WHAT WERE YOU USING THE CAR FOR, BUSINESS OR PLEASURE?
MB: UH, WELL, IT WAS, I GUESS YOU WOULD SAY BUSINESS, I WAS TRANSPORTING
MY MOM TO A SINGING THING TEAT UH WELL PLEASURE I GUESS BECAUSE SEE
WAS BEING TRANSPORTED TO A UHM, Ufl, A SINGING THING THAT SHE DOES ON
THE BARRACKS.
JB: OKAY, AND WHAT WAS THE DESTINATION?
MB: THE IJH, CARLYLE BARRACKS CHAPEL.
JB: WERE YOU WEARING SEATBELTS AT THE TIME OF THE ACCIDENT?
MB: NO WE WEREN'T.
JB: OKAY, NEITHER OF YOU WERE WEARING SEATBELTS?
MB: NO.
.lB: AND WERE THERE ANY PASSENGERS IN THE CAR WITH YOU?
MB: DH, JUST MY MOTHER.
JB: ALL RIGHT AND HER NAME?
MB: LOIS ANN BURR.
-3-
JB: ALL RIGHT, DO YOU KNOW THE NAME OF THE DRIVER OF THE UH, OTHER
VEHICLE OR THE OPERATOR OF THE OTHER VEHICLE?
liB: OKAY, I CAN'T REC~L HIS FIRST NAME, HIS LAST NAME IS SMYSER.
JB: ALL RIGHT, DO YOU KNOW HIS ADDRESS?
MB: UHH, IT'S UPSTAIRS, I'D RAVE TO RUN UP AND GET
JB: THAT'S OKAY, I/RAT TYPE OF VEHICLE WAS RE OPERATING?
MB: OKAY, tie WAS, HE NAS ON A HAI~Y DAVlDSON MOTORCYCLE.
JB: DO YOU KNOW THE YEAR?
MB: b'H, NO, IT LOOKED LIKE IT WAS NEW BUT I COULDN'T TELL YA.
JB: OKAY, WHEN DID THIS ACCIDENT OCCUR? TIlE DATE, TIME AND THE PLACE?
MB: OKAY, IT WAS ON TUESDAY, THE 26TH AT 11:30 OR THERE ABOUTS.
JB: A.M. OR P.M.?
MB: A.M.
JB: AND WHERE?
MB: IT WAS AT TIlE INTERSECTION OF ROUTE 11 AND MEDIA.
JB: ALL RIGHT UHM, WHAT WERE THE WEATHER CONDITIONS?
MB: UH, IT WAS CLEAR.
JB: CLEAR AND THE ROADWAY WAS DRY?
MB: YES.
JB: AND WHAT DIRECTION WERE YOU TRAVELLING PRIOR TO THE ACCIDENT?
MB: UH, SOUTH.
JB: AND WHAT DIRECTION WAS THE OTHER DRIVER GOING?
MB: WEST.
JB: AND YOU WERE ON WHICH STREET?
MB: I WAS ON UH, MEDIA.
-4-
JB: AND THE OTHER DRIVER?
BED: HE WAS ON ROUTE 11o
JB: AND ROUTE 11 IS THE MAIN,.,
MB: YES,
JB: .,,ROUTE? WERE THERE TRAFFIC CONTROLS AT THIS INTERSECTION?
MB: NO.
JB: ALL RIGHT, DESCRIBE THE ACCIDENT.
MB: I~gLL UH, TRAFFIC CONTROL, THERE'S A STOP SIGN FOR ME.
JB: ALL RIGHT, YOU HAD A STOP SIGN.
MB: OKAY.
dB: ALL RIGHT UR, CAN YOU DESCRIBE THE ACCIDENT IN YOUR OWN WORDS?
MB: OKAY, I UR, -- TO THE INTERSECTION AND STOPPED AND UR, CHECIQED OUT
THE LEFT SIDE AND THERE WAS A VAN COMING SO I DIDN'T CO. THE RIGHT
SIDE WAS CLEAR. BY THE TIME I LOOKED BACK AROUND TO 2~IE LEFT SIDE
AGAIN, THE VAN HAD SLOWED DOk'N AND HAD HIS TS SIGNAL ON, BE WAS
GOING TO TURN INTO MEDIA SO URM, I LOOKED BACK DOWN AND IN BACK OF
THE VAN UR, THE NEXT CAR I COULD SEE WAS MAYBE 100 FEET, 200 FEET
BACK AND ON THE RIGHT SIDE, IT WAS STILL CLEAR. SO I PULLED OUT INTO
THE INTERSECTION TO MAKE MY LEFT TURN AND UR, ALL OF A SUDDEN A
MOTORCYCLE APPEARED ON THE OTHER SIDE OF THE VAN AND SMASHED INTO THE
FRONT OF THE CAR.
JB: DID IT APPEAR THAT THE OPERATOR OF THE MOTORCYCLE WAS PASSING THE VAN
AT THE TIME?
MB: YEAH, THE VAN HAD SLOWED DOWN TO MAKE A TURN AND I THINK THE
MOTORCYCLE BECAUSE THE, ALTHOUGH IT'S ONE LANE, THE ROAD IS EXTRA
WIDE.
JB: UHM HM.
MB: SO HE WAS TRYING TO MAKE HIS WAY AROUND THE VAN.
JB: AND HE WAS PASSING THE VAN ON WHICH SIDE?
fiB: ON THE LEFT SIDE OF TIlE VAN.
-5-
JB: LEFT SIDE OF THE VAN, ALL RIGHT, ~IAT WAS THE POINT OF IMPACT WITH
YOUR VEItICLE AND TI~ MOTORCYCLE?
MB: UR, THE FRONT LET CORNER OF THE CA[[.
JB: OKAY, WERE THERE ANY SKID MARKS ?
MB: YES, THE POLICE OFFICER SAID THE SKID MARK WAS I THINK 15 FEET.
JB: THAT I~AS FOR THE MOTORCYCLE?
MB: YES.
JB: ALL RIGHT AND UHM, DID THE MOTORCYCLE GO UNDER YOUR VEHICLE OR WAS IT
JUST LAID OVER?
MB: NO, IT JUST, IT, IT, IT HIT AND TflEN ,JUST DROPPED OVER ON IT'S SIDE.
dB: OKAY, DID Ufl, YOU HEAR ANY STATEMENTS MADE BY THE OTItER OPERATOR AT
THE TIME OF THE ACCIDENT?
MB: UR, I'M NOT SURE. I GAVE A STATEMENT AT TIlE TIME OF ~ ACCIDENT SO
I'M, I'M PRETTY SURE RE PROBABLY DID TOO.
JB: OKAY, BUT YOU DIDN'T EVER ACTUALLY HEAR HIM...
MB: NO ·
JB: ...MAKE ANY STATEMENT? DO YOU KNOW IF THERE WERE ANY WITNESSES TO
THE ACCIDENT?
MB: YEAH, THE UH, THERE'S A POLICE OFFICER, THE UR, AT THE SCENE, THAT
CAME TO THE SCENE AND HE WAS ABLE TO FIND A COUPLE OF WITNESSES THAT
DIDN'T ACTUALLY SEE IT HAPPEN BUT LOOKED UP AT THE TIME.
JB: OKAY, WHAT POLICE INVESTIGATED THE ACCIDENT?
MB: UR, THE CAP, LYLE.
JB: DO YOU KNOW THE NAME OF THE OFFICER?
MB: UR, NO.
JB: ALL RIGHT, WERE YOU INJURED IN THE ACCIDENT?
MB: NO.
JB: WAS YOUR MOTHER INJURED?
MB: NO ·
-6-
JB: U~, WAS THE OPERATOR OF THF. U~, MOTOI~C~CLE INJI~D?
MB: ~S.
JB: ~, ~ YOU ~OW ~T WAS ~ONG WI~ H~?
~LL, ~ W~ IN PAIN ~, HE W~ CONSCIOUS ~ ~, HIS I GUESS IT WAS
~IS LEFT LEG...
JB: O~.
. · .W~ H~T ·
JB: ~, ~ YOU ~OW WAS ~ T~N TO T~ HOSPITAL?
YES, ~ W~ T~N I~DIATELY.
JB: BY
YES.
JB:~ T~T WOULD ~ BEEN ~ICH HOSPIT~?
~, C~L~ HOSPIT~.
JB: ~L RIGHT ~, YOU SAID YOU ~ EMPLO~D, YOU ~ST NO TI~ FROM AS A
~S~T OF THIS ACCIDENT, I ASSr?
NO, H~ ~.
JB:I ~ERST~ YOU'~ A COLLEGE STUDENT?
XES.
JB: ~ YOU ~VE YOUR ~D~SS FOR YOUR COLLEGE, I ~S~ YOU'~ ~ING
~ SHORTLY?
~: ~S, IT'S UH, 40 NORTH PE~ ST~ET IN .... B~G.
JB: O~Y, ~ T~ A~ OT~R FACTS ABOUT THIS ACCIDENT YOU WOU~ LI~ TO
~, ~LL, ~, ~E ~, ~ ~, WITNESS IN BAC~ OF ~, --- IN BACK OF
~ SAID T~T ~ COULD SEE ~ MOTORCYCLE IN BACK OF ~ V~...
JB: ~ ~.
...~ICH F~OM ~ POI~ OF VIEW, IT WAS ~POSSIBLE TO SEE ~ ~
MOTOR DIDN'T EIT~R.
-7-
JB: OKAY.
AND SO THE POLICE OFFICER SAYS I'H GONNA GET THE TICKET.
JB: ALL RIGHT, DID fie TELL YOU WHAT THE TICKET WAS FOR?
MB: HE SAID IT WAS FOR ENTERING AN INTERSECTION AT A DANGEROUS TIME.
JB: ALL RIGHT, ARE YOU AWARE THAT THIS INTERVIEW WAS BEING RECORDED?
MB: YES.
JB: AND DID I HAVE YOUR PERMISSION TO RECORD THIS INTERVIEW?
MB: YES.
JB: THANK YOU FOR THIS INTERVIEW MR. BURR AND WITH YOUR PERMISSION, I'LL
TURN THE RECORDER OFF.
MB: ALL RIGHT.
THE ABOVE STATEMENT IS A TRUE TRANSCRIPTION TO THE BEST OF l/Y ABILITY.
PENNY DUKE/7.20
FEBRUARY 11, 1987
STATE OF TEXAS
COUNTY OF BEXAR
BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC IN AND FOR BEXAR COUNTY, TEXAS,
ON THIS DAY PERSONALLY APPEARED JANICE MARSHALL, ASSISTANT VICE
PRESIDENT, NORTHEAST & OVERSEAS REGION, AND CUSTODIAN OF THE RECORDS OF
THE UNITED SERVICES AUTOMOBILE ASSOCIATION, USAA CASUALTY INSURANCE
COMPANY, AND USAA GENERAL INDEMNITY COMPANY, AND AFTER BEING BY ME DULY
SWORN AND UPON HER OATH SAYS THAT AN EXACT DUPLICATE OF THE UNITED
SERVICES AUTOMOBILE ASSOCIATION POLICY NUMBER 024 81 06 7104 7, ISSUED
TO RICHARD A. BURR, RESIDING IN THE STATE OF PENNSYLVANIA, EFFECTIVE
FROM JULY 1, 1986 TO JANUARY 1, 1987 HAS BEEN PREPARED UNDER HER
DIRECTION AND IS ATTACHED HERETO.
JgrNICE MARSHALL
ASSISTANT VICE PRESIDENT
POLICY SERVICE
NORTHEAST & OVERSEAS REGION
SUBSCRIBED AND SWORN TO BEFORE ME BY SAID JANICE MARSHALL, ASSISTANT
VICE PRESIDENT, NORTHEAST & OVERSEAS REGION, THIS 7TH DAY OF MAY 1987,
AT SAN ANTONIO, TEXAS, TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF
OFFICE.
NOTARY PUBLIC I~JFOR BEXAR CO0~TY, ~EXAS
MY COMMISSION EXPIRES
UNITED SERVICES AUTOMOBILE ASSOCIATION RENEkIA. L Of
RENE~AL DECLARATIONS ~EFFECTIVE JUL 01 1~85 TO JAN 01
(ATTACH TO PREVIOUS POLICI) OPERATORS
01 RICHARD X BURR
Named Insured end Addtets O~ LOIS A BURR
R~CHARD A BURR
COL USA
816 FA~RV~EM OR
CARLISLE PA 17013-1508
....... --'- T:': - "" i " -' ;..
'09'85. CHEV ' IcAVA'LZER CS MAG ~D
VEH 09 OD[LING SPRINGS PA 17007 VEH 11 BOILING SPRXNGS PA 17007
VEH 10 60tL[N~ SPRZ. NGS PR
BODILY INJURY EA PER S 300,OOO
EA ACC S 500,000 / 39.4k 37.14 34.84
PROPERTY DAHAGE EA ACC S 50;00~ ~ 21.1 19.91 18.67
PART C - UN%NSURED HOTORISTS
9OO%LY %NJURY EA PER S 100~00C
EA ACC S 300,000 33.00 33.0C 33.00
PART D - DAMAGE TO YOUR AUTO
OTHER THAN COLL LOSS ACV LESS 00 8.30 10C ?.38 1 10.06
COLLIS%ON LOSS ACV LESS 00~ 48.30 10( 41.03 1 53.54
OTHER COVERAGES 10.1~,
6ASZC F%R~T PARTY 9ENEFZTS 9.40 8.93
TOTAL SEMi NNUAL PREH%UH S 467.~
TO 9E RE CED BY APPROX SAFE DR V ~ %VTDEN FOr ACC%DE IT E DR%V[NG S 47
CONGRATULATT ~, YOII HAVE EARNED OU ST RAT .
LOSS PAYEE
VEH 11 GIqAC,, HA :SBURG PA
ENDORSEMENTS: ADDED 07-01-86 ' 429P ......... 55.51 (08)
REPlAIN ZN EFFECT(REFER 10 PREVZOUS POL]CT)- 5000(031 5490(02) .5801(01).
580Z (01) .5681 (01 ' 5655PA (02) .5683(01
~NFORPlATION FORP:$(NOT PA_RT_T__~F POL]~(;Y)'
~ h~ ?~'llNI .%.";, Writ RtC)I Iht, SLII)'.L f,bt'fx al UNII[[) $t. flVIC! $ AUIOMOBILL ASSOCIAIION hart' cati.',ed these p[esent.,, lo be ~),m,d t~
: tllrd Attmm.t-ln-la£10tT tht:> date HAY 26, 1986
USAA 02& 81 ~ ?IOA 7
RZCHARD A ~JRR
COl. USA
816 FAZRVZE~ DR
CARLZSLE PA 17013-1508
INDEX OF PACKET CONTENTS
You~ ,nsu~ince package ~s separatecl ~nto two c)~bncl Cl~egOrN~ CATEGORY I contmns IX)hcy
,mlxxlant ~nlc)tmatK~n ~ ~S no~ · ~ Of yo~ p(~"y. ~ ~ ~ ~ ~ ~ ~ k~
CA. GORY I CA. GORY II
FORM = ~ FORM · TI~
~ - DECLARAT;~S ~ - PA SURCHARGE DZSCL
,~p - PA CNTS~ END
5551 - F%RST PARTY 8ENEF%TS COV-
....... MESSAGES OF IMMEDIATE IMPORTANCE
ID CARDS ENCLOSED - %F STOPPED BY THE POI. ICE, YOU I'IUST HAVE THIS CARD WI IH
YOU. YOUR ID CARDS ARE ATTACHED AS THE LAST JTEIq IN THIS PACKET.
1
i
FIRST PARTY BENEFITS COVERAGE - PF. NNSYLVANIA
The Definitions end General Provisions of this Policy apply unless modified by this
tnclor slm~n%
SCHEDULE
BASIC FIRST PARTY BENEFITS
Benefits Limit of Liability
Medical Expense Benef_i.t~ Up to S 10.000
Work Loss Benefit Up to $ 5,000 subject
to I maximum of
$ 1.000 per month
F~,~ersl Expense Benefit Up to $ 1,500
The following options apply instead of Basic First Party Benefits ss indecated below or in
the Declarations:
~_ ADDED FIRST PARTY BENEFITS
Benefits Limit of Liability
Medical Expense Benefit Up to $
Work Loss Benefit Up to s subject
to a maximum of
s per month
Funeral Expense Benefit Up to $
Accidental Death Benefit $
[-~ COMBINATION FIRST PARTY BENEFITS
Benefits Limit of Liability
Maximum Total Single Limit UP to $
Subject to the following individual limits:
Medical Expense Benefit No specific dollar amount.
Work Loss Benefit No specific dollar amount
Funeral Expense Benefit Up to s 2,500
Accidental Death Benefit S
NOT~ If ADDED FIRST PARTY BENEFITS or COMBINATION FIRST PARTY BENEFITS are
not shown ss applicable in the Schedule or Declarations, only BASIC FIRST PARTY
BENEFITS apply.
The following exclusion applies as indicated below or in the Declarations:
~ EXCLUSION OF WORK LOSS BENEFIT
The Work Loss Benefit does not apply.
I. DEFINITIONS
With respect to First Party Benefits Coverage:
"the Act" means the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984,
as amended.
in addition, the following words and phrases are defined for first party benefits
coverage. They are bold-faced when usec[
"Bodily injury" means accidental bodily harm to a person and that person*s resulting
illness, disease or death;
5551(08) REV. 12-85 ~) U P [- I C A '[' E Page 1 of 5
c. Iny loss of income, or expenses incurred for services performed, during the
firlt 5 working clays the oovered pereofl did not work Ifter the Iccident
because of the bodily injury.
When the Schedule or Declarations indicates thlt the Exclusion of Work Loss
Benefit Ipplies. we will not pay any Work Loss Benefit to or for any covered
person.
3. Funeral Expense Benefit Actual expenses incurred for a covered person's
funeral or burL, l if bodily injury resulting from the accident causes their death with,~
24 months from the date of the accident
B. ADDED FIRST PARTY BENEFITS
If the Schedule or Declarations_indicates that Added First Party Benefits apply we will
pay Added First Party Benefits instead of Basic First Party Benefits to or for a covered
person who sustains bodily injury caused by an accident arising out of the maintenance
or use of a motor vehicle.
These benefits are subject to the provisions of the Act Added First Party Benefits
consist of the following if shown as applicable in the Schedule or Declarations:
1. Medical Expense Benefit;
2. Work Loss Benefit;
3. Funeral Expense Benefit;
as described above, and
4. Accidental Death Benefit A death benefit paid if bodily injury resulting from the
accident causes the death of you or any family member within 24 months from the
date of the accident
C. COMBINATION FIRST PARTY BENEFITS
If the Schedule or Declarations indicates that Combination First Party Benefits apply we
will pay Combination First Party Benefits instead of Basic First Party Benefits to or for a
covered person who sustains bodily injury caused by an accident arising out of the
maintenance or use of a motor vehicle.
Combination First Party Benefits shall be subject to s maximum total single limit of
liabirity with individual limits for specific benefits as shown in the Schedule or
Declarations. We will only pay Combination First Party Benefits for expenses or loss
incurred within 3 years from the date of the accident
These benefits are subject to the provisions of the Act Combination First Party Benefrts
consist of the following, as described above: 1. Medical Expense Benefit;
2. Work Loss Benefit (unless Exclusion of Work Loss Benefit applies);
3. Funeral Expense Benefit; and
4. Accidental Death Benefit
EXCLUSIONS
We do not provide benefits for bodily injury:
1. Sustained by any person while intentionally causing or attempting to cause bodily
injury to:
& himself;
b. herself; or
c. any other person;
nor will we pay an Accidental Death Benefit on behalf of that persor~
2. Sustained by any person while committing a felony.
3. Sustained by any person while seeking to elude lawful apprehension or arrest by
a law enforcement official.
4. Sustained by any person while maintaining or using 'a motor vehicle knowingly
converted by that persor~ However, this exclusion does not apply to:
& yOU; or
5551(08) REV. 12-85 Page 3 of 5
PRIORITIES OF POLICIES
WI will ply first party benefits in iccorcl~nce with thl order of priorities set forth by
the Act. We will not pay if ~here is another ir~urer ~ a higher level of priority. The 'First'
category listed below is the highest level of priority ~ the "Fourth' c~tegory listed
below is the lowest level of priority. The priority order is:
First The insurer providing benefits to the covered person as a named insured.
Second The insurer providing benefits to the covered person ss a family member
who is not a named insured under another policy providing coverage under the
Act
Third The insurer of the motor vehicle which the covered person is occupying m
the time of the accident
Fourth The insurer providing benefits on ~ny motor vehicle involved in the accident if
the covered perlon is:
I not occupying a motor vehicle; ~nd
b. not provided first party benefits under any other automobile policy.
In this priority, an unoccupied parked motor vehicle is not a motor vehicle involved
in In icciden! unless it was parked in a manner as to create an unreasonable risk of
injury.
If 2 or more policies have equal priority within the highest applicable priority leve~:
1. The insurer against which the claim is first made shall process and pay the claim
as if wholly responsible: and
2. The maximum recovery under all policies will not exceed the amount payable
under the policy with the highest dollar limits of benefits.
III. GENEFI~L PROVISIONS
Part F is amended ss follows:
~ The Our Right to Recover Payment provision does not apply to first party
benefits coverage.
B. The following provisions are added:
CONSTITUTIONALITY CLAUSE
The premium for, and the coverages of, this policy were established based on the
provisions of ~ Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, as
amended.
If a court of competent jurisdiction declares any provision of this endorsement inva]~
we will have the right to amend that provision and to recompute ~ premium for ~
coverage subject to the approval of the Insurance Commissioner.
NON-DUPLICATION OF BENEFITS
No one will be entitled to recover duplicate payments for the same elements of loss
under this or any other similar automobile insurance including self-insurance.
pAYMENT OF ACCIDENTAL DEATH BENEFITS
'the Accidental Death Benefit under this policy will be paid to the executor or
administrator of the deceased covered person's es~te. If ~here is no executor or
administrator, benefits shall be paid to:
1. The deceased covered person's surviving spouse: or
2. If there is no surviving spouse, the deceased covered person's surviv~cj
children; or
3. If there is no surviving spouse or surviving children to the deceased covered
person's es~te. ~PP 05 51 Ed. 12-85!
{Copyright, Insurance Services Office. Inc. 1985)
Page 5 of 5
5551(08) REV. 12-85
USAA SOUl" READ YOUR POLICY CAREFULLY
USAA Building-San Antonio, Tex~ 78288 This policy i~ a ~ contr~"t between you md
us. The Easy Reading Auto Policy has
_-.-- ---""-- · designed for your usy reference;
RECIPROCAL PROVISIONS... · simplifiecL to make it more understandab~
apply when United Services .Automobile Association,
or USAA. is named on the Declarations as the · arranged, to better display the avai~mle
Comply. cover~les
A non-lslelllbll policy QUICK REFERENCE
. R~iproe~la
· Spe=ial definitions end provisions
· Plan of operation DECLARATIONS PAGE
In your policy these sets of words have the
same meaning: Policy means Contract; You, Your or Your Name and Address
Insured means Subscriber; We, us. our, USAA or Your Auto or Trailer
Company means Reciprocal or Interinsurance Policy Period
Exchange; Premium means Deposit; President means Coverages and Amounts of
Attorney-in-Fact Insurance
Your policy is issued es part of an Beginning on ~ --
interinsurance Exchange by the President of USAA as ,merit and Definitions
Attorney-in-Fact under the authority given him by the Pert A 1 L'-"-'-bility Covers9®
subscribers, y Payments
No Contingent Liability. You are liable only for
the amount of your premium since USAA has a free Exclusions
Limit of Liability
surplus in excess of the amount required by Article
19.03 of the Texas Insurance Code of 1951, as Out of State Coverage
Financial Responsibility Requi~d
lmended. Other Insurance
Pm-ticipation: By purchasing this policy, you are
a member of USAA and subject to its bylaws. You are Part B 4 Medicsl Payments Covers9·
entitled to dividends as may be declared by us, after Exclusions
approval as required by the Texas Insurance Code of Limit of Liability
1951, es amended. Other Insurance
Part C 5 Uninsured Motorists Cover~Je
' Limit of Liability
Other Insurance
Arbitration
Part D 7 Covers9e for Damage to
Auto
Transportation Expenses
Exclusions
Limit of Liability
Payment of Loss
No Benefit to Bailee
Other Insurance
Part E 9 Duties After ~n Accident or
Loss
Pert F 9 General Provisions
Bankruptcy
Changes
THE EASY READING Legs; action against us
Our right to recover payme~
Policy period and territory
AUTO POLICY Termir tion
Transfer of your interest i~ this
~ policy
Two or more auto policies
5000(031 6-80
Reprinted 6-81
tt~ cl~rr~g~s, In ~lditiot~ to ~ limit of ~l~lity. we ~11 ~y MI, ~f~ ~
we ~.~ ~to ~ ~ ~f~~~~ ~of I~ f~
cov~ ~ ~ ex~t~
"CoverM ~" as used ~ ~ P~ ~
1. y~ ~ ~y flmily ~m~ f~ ~ o~ip. ~int~ ~ ~
of ~y ~o ~ ~iler.
2. ~y ~rs~ usi~ y~ ~v~ ~o.
3 F~ yo~ oovermd ~o. my ~s~ or or~i~fion ~ ~y ~
res~ to le~l resp~sibil~ f~ ~ ~ ~issi~s of a pers~ f~ ~
cov~age is afford ~ ~s P~
4. F~ ~y ~o or ~mil~. o~ ~ Y~ ~overed m~o. ~y ~rs~ ~
or~i~ti~ ~ o~y w~ re~t to ~1 resp~sibility f~ ~ ~
omiss~ns of you or ~y family me~ for WhOm cover~ ~ aff~
un~ ~is Pa~ This ~ovisi~ ~lies ~ly if ~ person ~ or~i~
does not o~ or hire ~ ~o ~ ~ailer.
~P~ME~ARY In addition to o~ limit of I~il~, we will ~y ~ be~lf of a covered ~rs~
PAYME~S
1. ~ to S250 for ~ co~ of ~il bonds required ~ of ~
acci~nt, i~luding rel~ed ~affic ~ ~tions. ~ accident ~ re~ m
b~ily inj~y or prope~ ~ge cov~ed ~der ~is ~licy.
2. Premiss on ap~l ~nds ~d ~ds to rel~se a~c~ ~ ~
suit we defend.
3. Interest accruing after a j~g~m is entered in any surf we ~f~
0~ d~y to pay interest ends ~n we offer to paY ~ p~ of ~
j~gment ~ich does ~t exceed ~ I~it of liability for this cov~a~.
4. ~ to SS0 a ~y f~ loss of ea~s, b~ not o~er inc~, ~
of a~endance at hearings ~ ~ials ~ ~ request
5. 0~er reasonable expenses ~r~ at o~ re~est
EXCLUSIONS A We do not provide Li~ility Cov~age f~ any perso~
1. Who intentio~lly ~uses b~ily inj~y or prope~y ~ge.
For ~ge to prope~ o~d ~ ~ing ~anspo~ed by ~t ~rs~
3. For ~ to pro~
~ rented to;
b. used by; or
c. in ~ ~re of;
~ ~rsoA
~is exclusion does not ~ply to ~s to:
A a residence or ~iv~e ~; ~
b. any of ~e folloWing t~ ve~cles not o~ed by ~ f~ or
avail~le for ~e re~ use of you ~ any family memben
(1) private ~s~r ~os;
(2) ~ailers; or
(3) pick,s, p~l ~ks, or v~.
4. For bodily inj~y to ~ e~loy~ of ~t ~rson duri~ ~ ~ of
employmen~ This exclusi~ does ~t ~ply to b~ily inj~y to a ~c
e~loyee ~less wo~s' co~en~on benefits ~e requir~ ~ ~le
for ~t domestic e~loyee.
5. For ~t person's I~iliW ~ising o~ of ~e ownership or ~on
of a vehicle ~ile it is ~ing u~d to ~rry persons or pro~ for a fee.
~is exclusion does ~t ~ly to a s~e-the-expense car pool.
6. While employed or o~erwise en~ged in ~e business or ~on
of:
selling;
b. repairing;
c. servicing;
Copyright, Insurance Services Office, 1979 Page 2 of 11
OUT OF STATE If an ~uto lccicler~ to ~ thie 'policy ~ occurl in my stJte or I:X'ov~nc~
COVERAGE other ~ the om in which your covered ~to is principally g~rlged, w~
interpret your policy for ~ ~cciclent is
If ~e stlte or province his
1. A financial responsibility or simiLtr livy specifying limits of ~
for bodily injury or property c~ I-4gher than the ~ shown in
Declar~tiofls. your policy will provide the higher specified limit.
2. A compulsory insurance or similar IIw requiring a nonresident to
main~in insurance whenever l~e noflresideflt uses a vehicle in thlt state or
province, your policy will provide ~t ~ the required minimum ImcxJ~S
and types of coverage.
No one will be entitled to duplicate payments for the same elements of loss _
FINANCIAL When this policy is certified as future proof of financial respor~_~ibility, u-
RESPONSIBILITY policy sl~ll complv with ~he law to the exterTt required.
OTHER If there is other applicable liability insur~,-,ci we will pay only our share of
INSURANCE loss. Our share is the proportion 'd~a! our limit of liability bears to the total of
applicable limits. However. any insurance we provide for a vehicle you do not
own shall be excess over any other collectible insurance.
PART B-MEDICAL PAYMENTS COVERAGE
INSURING We will pay re3sonable expenses incurred for necessary medical and fun~'al
AGREEMENT services because of bodily injury:
1. Caused by accident; and
2. Sustained by a covered perso~
We will pay only those expenses incurred within 3 years from the date of
accident.
"Covered person" as used in this Part rnem~
1. You or any femily member:.
~ while occupying; or
b. as a pedestrian when struck by;
a motor vehicle designed for use'mainly on public roads or a trailer of mn/
type.
2. Any other person while occupying your covered ~uto.
EXCLUSIONS We do not provide Medical Pay~-,~ Coverage for any person for bocily
injur~.
1. Sustained while occupying any motorized vehicle having less
four wheels.
2. Sustained While occupying your covered auto when it is being used
to carry persons or property for a fee This exclusion does not apply to
share-the-expense car pool
;3. Sustained while occupying any vehicle locked for use as a
residence or premise~
4. Occurring during the course of employment if workers'
compensation benefits are required or available for the bodily injury.
5. Sustained while occupying or, when struck by, any vehicle (o13~er
than your covered euto) which is:
~ owned by you; or
b. furnished or available for your regular use.
G. Sustained while occupying or, when struck by, any vehicle <o~er
than your covered auto) which is:
~ owned by any femily member; or
b. furnished or available for the regular use of any fmmily member.
However, this exclusion does no~ apply to you.
7. Sustained while occupying a vehicle without a reasonable belief
that person is entitled to do so.
of ~he ~:~::ident. r · ~ ~ time cN
2 To which bocily . . . .... ,,,,~, ,,, ~_ __
' · ~s ~ ~ I~ f~ ~ ~ ~"~ · -
~~~ .... · -- '' b ~ f~
. · · · · ~1 "f~ Y .
~r~
3. ~ is a Nt ~ r~ vehicle ~ ~~ ~ o~r ~t ~
identif~d ~ ~i~ ~:
[ y~ ~ ~y f~ily mem~r;
b. a v~cle ~i~ y~ ~ any family member ~e ~yin~ ~
c. Y~ eovered ~o.
4. To ~ a ~ly inj~ I~ili~ ~ ~ ~licy ~l~s at ~ fi~ ~
~e acci~ b~ ~ ~ing or in~i~ c~~
& ~ies cover~; or
b. is ~ becomes ~solvent
However, "~insured motor vehicle" d~s ~t ~1~ ~Y vehicle ~
equipmen~
1. ~d by ~ f~nis~d or avail~ f~ ~ regu~ ~e of y~ or ~
family member.
2. ~d or ~ated by a self-in~er ~r ~y ~pli~le ~
vehicle ~w.
3. ~d by any ~vernmen~l ~ or ~Y.
4. ~rated on rails or crawler ~eads.
5. Desig~d ~inly for use off ~lic roads while not on public roads.
6. ~ile located for use as a residue ~ premises.
A We ~ ~t provi~ ~insured ~t~i~ Cover~ f~ ~dily ~
EXCL~IONS sus~ined by ~Y pers~
1. ~ile occupying, or ~en ~k by, ~Y ~t~ vehicle o~d ~
you or ~y family member which is ~t ins~ed f~ ~is cover~ ~
~is policy. ~is includes a ~ailer of ~Y ~ used wi~ ~t vehicle.
2. If ~t pers~ or ~e te~l repres~tive se~es ~e bodily ~
claim w~o~ ~ c~ent
3. ~le ocoupyi~ yo~ covered a~o ~ ~ is ~i~ used to ~
pers~ or pr~ for a fee. This exclusi~ ~s ~t ~ply ~ a
s~re-~-ex~e ~ ~1.
4. Usi~ a vehicle w~o~ a r~s~le belief ~t ~ person is ~
to do so.
B. This coverage s~ll not ~ply dirty or ~ire~y to ~nefit any ins~ ~
self-ins~ ~r any of ~ followi~ ~ simi~ la~
1. w~ers' c~n~ti~ law;
2. di~ility b~f~ ~w.
LIMIT OF The limit of I~ility ~ in ~ ~ati~ for '~ch ~rs~" f~ ~i~ed
LIABILI~ Motoris~ Coverage is o~ ~im~ iim~ of I~il~ f~ NI ~ges for ~ly
inj~y sus~i~d by ~y o~ ~rson in ~y o~ accid~t S~ject to ~is li~ f~
"each pers~", ~ limff of liabiliW sho~ in ~ Dec~atio~ for "~ ac~'
for Unins~ed Motori~ Coverage is our ~xi~ limit of li~il~ f~ all
~ges for bodily inj~y resulting fr~ any one ~ciden[ ~is is ~ ~ we
will pav re~dless of ~ numar of:
1. Covered persons;
2. C~ims ~de;
3. Vehicles or premiss sho~ in ~ Declar~ions; or
4. Vehicles involved in ~e acciden[
Any amo~ts o~e~ise pay~le for ~ges ~r ~is coverage ~ be
reduced by all sums:
1. Paid bemuse of ~e bodily inj~y by ~ on ~lf of ~rs~ or
or~nizations ~o ~Y be le~lly res~sible. This includes all s~ ~id
under Pa~ A; and
2.& Damage due and confined to: Wear and tea-;
b. freezing;
mechanical or electrical breakdown or failure; or
road damage to tire~
This exclusion does not apply if the damage results from the total theft of
your c=overed .uto.
3. Loss due to or as s consequence of:
& r~:lioective contamination;
b. discharge of any nuclear weapon (even if accidental);
c. war (declared or undeclared);
ci civil war;
e. insurrection; or
f. rebellion or revolutior~
4. Loss to equipment designed for the reproduction of sound. ~
exclusion does not apply if the equipment is permanently installed in your
covered auto.
5. Loss to tapes, records or other devices for use with equipment
designed for the reproduction of sound
6. Loss to a camper body or trailer not shown in the Declarations. This
exclusion does not apply to a camper body or trailer yotz
· acquire during the policy period; and
b.. ask us to insure within 30 days after you become the owner.
7. Loss to any vehicle while used as a temporary substitute for a vehicle
you own which is out of normal use because of its:
z breakdown;
b. repair;
c. servicing;
d. loss; or
e. destructiort
8. Loss to:
~ TV antennas;
b. awnings or cabanas; or
c. equipment designed to create additional living facilities.
9. Loss to any of the following or their accessories:
· citizens band radio;
b. two-way mobile radio;
c. telephone; or
c[ scanning monitor receiver.
This exclusion does not apply if the equipment is permanently installed in
the opening of the dash or console of the auto. This opening must be
normally used by the auto manufacturer for the installation of a radio.
10. Loss to any custom furnishings or equipment in or upon any picttup,
panel truck or vart Custom furnishings or equipment include but are not
limited to:
a special carpeting and insulation, furniture, bars or television
receivers;
b. facilities for cooking and sleeping;
c. height-extending roofs; or
d. custom murals, paintings or other decals or graphics.
LIMIT OF Our limit of liability for loss will be the lesser of the:
LIABILITY 1. Actual cash value of the stolen or damaged property; or
2. Amount necessary to repair or replace the property.
Copyright, Insurance Services Office, 1979 Page B of 11
CHANGES This policy contjin8 iii the lgre4meflts ~ you and u~ Its tirms tray nm
be changed or w~ived except by indorllmlr4 issued by u~ If I change reclLirls
a premium ~djustment, we will ~clju~t the ~ u of the effective clare ~
change.
We may revise this policy form to provide more coverage without additior~!
premium charge. If we do this your policy will automatically provide
additional coverage as of the date the revision is effective in your state.
LEGAL ACTION No legal action may be brought against us ~flJI tY~re has b==n full
AGAINST US with all the terms of this policy. In addition, tz~ler Part A, no legal action may be
brought against us until:
1. We agree in writing that the covered person has an obligation to peg
or
2. The amount of that obligation has been finally determined by judgn~':
after trial.
No person or organization has any right under this policy to bring us into ~
action to determine the liability of a covered person.
OUR RIGHT A If we make a payment under this policy and u"-~ person to or for
TO RECOVER payment was made has a right to recove~ damages from another we sh~
PAYMENT be subrogated to that right. That person shall do:
1. Whatever is necessary to enable us to exercise our rights; and
2. Nothing after loss to prejudice them
However, our rights in this paragraph do not apply under Part D, against ~
person using your covered auto with a reasonable belief that that perso~
entitled to do so.
B. If we make a payment under this policy and the person to or for whc~
payment is made recovers damages from another, that person shall:
1. Hold in trust for us the proceeds of the recovery; and
2. Reimburse us to the extent of our payment
POLICY PERIOD This policy applies only to accidents and losses which occur:
AND TERRITORY 1. During the policy period as shown in the Declarations; and
2. Within the policy territory.
The policy territory
1. The United States of America, its territories or possessions;
2. Puerto Rico; or
3. Canaci~
This policy also applies to loss to, or accidents involving, your covered
while being transported between their port~
TERMINATION Cancellation. This policy may be cancelled during the policy period as followg
1. The named insured shown in the Declarations may cancel by.
= returning this policy to us; or
b. giving us advance written notice of the date cancellation is to
take effect,
2. We may car~el by mailing to the named insured shown in
Declarations at the address shown in this policy.
& at least 10 days notice:
(1) if cancellation is for nonpayment of premium; or
(2) if notice is mailed during the first 60 days this policy is in
effect and this is not a renewal o~ continuation policy; or
b. at least 20 days notice in all other cases.
3. After this policy is in effect for 60 days, or if this is a renewa~ or
continuation policy, we will cancel only.
= for nonpayment of premium; or
b. if your driver's license or that of:
(1) any driver who lives with you; or
Copyright, Insurance Services Office, 1979 Page 10 of ~, 1
,UNINSUREDI~~ MOTORISTS COWRAGE
PENNSYLVANIA
Part C i, rapl~ed by the following.
INSURING A(~EEMENT
We will pay dan~ges which · covered person is legally entitled to recover from
owner or operator of either an unin·ursd motor vehicle or underinsured motor
vehicle, but not both, because of bodily injury.
1. Sustained by a covered person; and
2. Caused by an accident.
The owner's or operator's liability for these damag~ must ·rise out of the ovvners~p.
maintenance or use of the uninsured motor vehicle or underineured motor vehicle. We
will pay damages under this cover·ge arising out of an accident with an underinetal¢l
motor vehicle only after the limits of liability under any applicable bodily injury liab~T~ty
bonds or policies have been exhausted by payment of judgments or settlements.
The amount of damages we will pay is subject to the provisions of our Limit of Liability.
No judgment for damages arising out of s suit brought against the owner or operator of
an uninsured motor vehicle or underinsured motor vehicle is binding on us unless w~
1. Received reasonable notice of the pendency of the suit resulting in the judgeme~
and
2. Had a reasonable opportunity to protect our interests in the suif.
"Covered person" as used in this endorsement mean=
1. You or any family member.
2. Any other person occupying your covered auto.
3. Any person for damages that person is er~ed to recover because of bodih,-
injury to which this coverage applies sustained by a person described in 1. or
above.
"Underinsurad motor vehicle- means a land motor vehicle or trailer of any type
which a bodily injury liability bond or policy applies at the time of the accident but its lir~:
for bodily injury liability is not enough to pay the full amount the covered person is
legally entitled to recover as damages.
"Underinsured motor vehicle" does not include an ~tinsured motor vehicle.
"Uninsured motor vehicle" means a land motor vehicle or trailer of any type:
1. To which no bodily injury liability bond or policy applies at the time of the
accidenl~.
2. VVhich is a hit and run vehicle whose operator or owner cannot be identified ~
which hits or which causes an accident resulting in bodily injury without hitting.
you or any fsmily member;
b. a vehicle which you or any fsmily member ~'e occupying; or
c. your covered .utc.
If there is no physical contact with the hit and run vehicle the facts of the acciderc.
must be provecL
3. To which a bodily injury liability bond or policy applies at the time of the accident
but the bonding or insuring company:
denies coverage; or
b. is or becomes:
s0;02) REv. O U P L lC A E
137-0103
AMENDMENT OF POUCY PROVISIONS
COVERAGE FOR TAPES, RECORDS OR OTHER DEVICES
The provisions and exclusions that apply to Part D also apply to this endorsement exc~t
Exclusion 5 and any deductible.
We will pay for direct and accidental loss to tapes, records or other devices used with sound
reproduction equipment. This coverage applies only if the tapes, records, or other devices
1. Are your property or that of a family member;, ~
2. At the time of loss are in your covered ~to.
The limit of our liability for all losses as a result of any one occurrence shall not exceed
S200.
(PP 03 04 Ed 6-80)
COVERAGE FOR SOUND RECEIVING AND TRANSMITTING EQUIPMENT
The provisions and exclusions that apply to Part D also apply to this endorsement except
Exclusion 9 and any deductible.
We will pay for loss to any of the following or their accessories: 1. Citizens band radio;
2. Two-Way mobile radio;
3. Telephone; or
4. Scanning monitor receiver.
This coverage applies only if the equipmem at the time of loss is permanently installed in
your covered auto.
(PP 03 13 Ed 6-80)
Countersigned by.
5801(01) 11-84 Copyright, Insurance Services Office, 1979
DUPLICATE
AMENDMENT Of: POLICY PROVISIONS
LOSS PAYABLE CLAU~
Loss or ciarrmge under ~is policy st~ll be I~id. ~s interest m~y ~:~ear. to you and
the loss payee shown in the Declaratior~ This insurance with respect to the interest
of the Ioas I~Yee. shall not become inv~id because of your frmJdulent ~ or
omissions unless the loss results from your conversion, secretion or embezzlern~a
of your oovered suto. However. we reserve the right to cancel the policy ss
permitted by policy terms and the cancellation sl~ll terminste this ~greement as to
the loss payee's interest We will give the sm~e edvance notice of cancellation to
loss payee as we give to the named insured shown in the Declaration~
When we pay the loss payee we shall, to the extent of payment, be subrogated to
the loss payee's rights of recovery.
(PP 03 0,5 Ed 8-831
(Copyrigtn. Insurance Services Office. 1983i
WAIVER OF COLLISION DEDUCTIBI~
We will not apply the deductible to loss caused by oollision with another auto if
these conditions are met
ia) the loss to your covered auto is greater than the deductible amount, and
(b) the owner and driver of the other auto are identified, and
{c) the owner or driver of the other auto has a liability policy covering the loss.
and
(cfi the driver of your covered auto is not legally responsible, in any way, for
causing or contributing to the los&
(USAA 5603{01) 1-77~
COVERAGE FOR DAMAGE TO YOUR AUTO
PART D, COVERAGE FOR DAMAGE TO YOUR AUTO is amended to include
definitior~
INSURING AGREENENT
"Actual Cash Value" means the amourrt which it would cost to replace the stolen
or damaged property with property of like kind and quality, less allowance for
depreciation and physical deterioratioft
LIMIT OF LIABILITY
The Limit of Liability Provision is replaced by the followin~
Our limit of liability for loss will be the lesser of:
1. Actual cash value of the stolen or damaged property, or if the loss is a part
thereof, the actual cash value of such part, or
2. the amount necessary to repair or replace the stolen or damaged property or
part
(USAA 5671(01 ) 9-84}
58o2(o ) D U P L lC A T E
CtlAN(E PROVISION ENDORSE~
· Pet F - GEI~RAL PROVISIONS, ia mended as follows:
The first paragraph of the CHANGES provision is rep~cl by the followif~
You a ea to cooperate vvnn
sources, gr. ........ '.-f-~----+~-, changes, or is incorrect er
and .... r · _ ......... ~,,, accor,4im~ during me pol,cy per,~
i~complete, we may aajus[ you~ ~- ~,-~,
If, during the policy period, the risk exposure changes as respects any of the reaso~
listed below, the necessary premium adjustments will be made effective the date of
change in exposure. You agree to give us notice as respects such exposure chang~
as soon as is reasonably possibl~
1. Change in location where any vehicle is garagec[
2. Change, addition, or deletion relating to the description, equipment, purchase date,
cost, usage, miles driven annually, or operators of any vehicle.
3. Replacement, deletion, or addition of any vehicl~
4. Change, addition, or deletion relating to the date of birth, marital status, or driving
record of any operator.
5. Addition or deletion of an operator.
6. Change, addition, or deletion of any coverage or limit,
Any calculation or adjustment of your premium will be made using the rules, rates, md
forms in effect and on file, if required, for our use in the state in which your policy is
based on the effective date of change.
Countersigned by:
137-5O28
5681(01) 6-84
DUPLICATE
SEAT BELT BENEFITS ENDORSEMB~
The following ~ciditionil benefits are provided. These bermfita we INlylble ordy if, It th~
time of the accident, Basic First Party Benefits were in effect and the ~overed persmt
wl.~
1. wearing a seat belt, or
2. occupying a seat in an automobile in which he was protected by a passive
passenger restraint device installed by the manufacturer.
The coverage provided by this endorsement is subject to all provisions of the policy and
its endorsements which are not modified by this endorsemen%
MEDICAL We will pay up to $10,000 for reasonable expenses incurred for
BENEFIT necessary medical services caused by bodily injury sustained by a
covered person in an automobile accident. We will pay only for
expenses incurred within three years of the date of the accident
DEATH We will pay $10,000 to the beneficiary of a covered peraon who clas
BEI~FIT as the direct result of bodily injury sustained in an automobile accident
LIMIT OF The maximum MEDICAL BEhEFIT which we will pay under this
LIABILITY endorsement is al0,000 for inj~'ies to any one person in any one
accident. This is the maximum we will pay regardless of the number of
vehicles to which this insurance applies, the number of coverages or
premiums shown in the Declarations or any other factor.
The MEDICAL BENEFIT provided ~)y this endorsement is excess over and
will not duplicate any coverage in the policy which provides rnecical
sera/ice expense benefits to a perSOrL The MEDICAL BENEFIT provided
by this endorsement will apply only after all other medical service
expense benefits provided by any coverage in the policy have been
exhausted and will apply then only if there are covered medical
expenses which have not already been paid under the policy.
The maximum DEATH BENEFIT which we will pay under this
endorsement is S l0,000 for the death of any one persor~ This is the
maximum we will pay regardless of the number of vehicles to which
this insurance applies, the number of premiums or coverages shown in
the Declarations or any other factor.
DEFINITIONS "COVERED PERSOI~r' as used in this endorsement means:
1. You or any family member while o~cupying any auto;
2. Any other person while occupying your covered auto.
ADDITIONAL "SEAT BELT" means manual or automatic safety belts or seat and
DEFINITIONS shoulder restraints or a child restraint device. If the covered person is a
· child, the child restraint device must be one recommended by its
manufacturer as appropriate for use by children of like age and weight
"BENEFICIARY" means (in order of priority of payment):
1. the surviving spouse if a resident in the same household as the
deceased at the time of the accident, or
2. if the deceased is an unmarried minor, either of the surviving
parents who had legal custody at the time of the accident, or
3. the estate of the deceasec[
DUPLICATE
5653PA{02) REV. 10-84
AMENDATORY ENDOI~EMENT
This Indorsement amends the Policy as follows:
L DEFINITIONS
A The following definitions are addec~
"Non-owned vehicle" means a private passenger auto, or a pickup, panel truck, or van, not used in ~y
business or occupation other than farming or ranching, or a trailer. A non-owned vehicle may not be
owned by or furnished or available for the regular use of either you or a family member, other thru a
temporary lubetitute vehicle. This provision applies only when you or a family member have s~
vehicle in your custody or a~e operating it
"Temporary substitute vehicle" means any auto or trailer not owned by you or a family member
while used with permission as a temporary substitute for your covered auto when withdrawn from
normal use because of its breakdown, repair, servicing, loss, or destructior~
"Van" means a four-wheeled land motor vehicle with a Icad capacity of not more than two thousmcl
pounds or gross vehicle weight of not more than ten thousand pounds. Gross vehicle weight is the
weight of the vehicle plus its maximum Icad capacity.
B. The definition of "your covered auto" is replaced by the followinc~
"Your covered auto" means:
1. Any vehicle shown in the Declarations.
2. Any of the following types of vehicles on the date you become the owner:, a private passenger auto,
or a pickup, panel truck, or van, not used in any business or occupation other than farming or
ranching
This provision applies only if you acquire the vehicle during the policy period, ask us to insure it within
30 days after you become the owner; and with respect to a pickup, panel truck, or van, no o~er
insurance policy provides coverage for that vehicle.
If the vehicle you acquire replaces one shown in the Declarations, it will have the same coverage as ~
vehicle it replaced. You must ask us to insure a replacement vehicle within 30 days only if you wish to
add or continue Coverage for Damage to Your Auto.
If the vehicle you acquire is in addition to any shown in the Declarations, it will have the broadest
coverage we now provide for any vehicle shown in the Declaration&
3. Any trailer you ovvrL
4. Any temporary substitute vehicle.
I1. PART A - LIABILITY COVERAGE
Exclusion A~3. is replaced by the following:
We do not provide Liability Coverage for any persor~
3. For damage to property rented to, used by, or in the care of you or any family member.
This exclusion does not apply to damage to a residence or private garage.
II1. PART D - COVERAGE FOR DAMAGE TO YOUR AUTO
Part D is amended as follow~
~L The following definition is adde~
"Your covered auto" as used in this Part includes use of any non-owned vehicle, but only if you or a
family member reasonably believe use of the vehicle was with the permission of the owner and w~in
the scope of that permissior~
DUPLICATE
5683(01) 3-85 Page 1 of 2
AMENDI/ENT OF POLICY PI~OVI$10N~
PENNSYLVANIA
I. LIABILITY C0VEP, AGE
The following exclusion is ~dded to Part A:
We do not provide Lisbility Coverage for you or any fmlly ~ for bodily inj~r~
to you or ~ry f~mlly member to ~ ®xte~t N ~e ~ of li~?'lity for ~il coverage
®xcead ~ limi~ of liability r/quired by ~he Pl~nlylvanil Motor V/hicle Financial
Re~ibility L~vv of 1984.
II. GENEP, AL PI~0VISION~
The Termination provision of Pm't F is replaced by ~he follovvin~
'rF.I~I~TI~
C~ncelletion. This policy may be cancelled during the policy period as follow~
1. The named inaur~ shown in the DeclerMions m~y cancel by.
& returning ~his policy to us; or
b. giving us ~dvance written notice of the date cancell~,~ is to take effect.
2. We may cancel by mailing to the nemed insured shown in the Declerations ~t ~1~
~cldreas shown in this policy
& ~t least 10 days notice if notice is effective within the first 60 days l~s
policy is in effect and this is not a renewal or continuation policy.
b. ~t least 15 clays notice of cancellatio~
(1) for nonpeyment of premium; or
(2) if your driver's license has been suspended or revoked after the effective
date if this policy has been in effec! less than one year; or if the policy has
been in effect longer than one year, since the last anniversary of the original
effective date.
c. ~ lea~t 30 days notice in all other cases`
Our right to cancel l~is policy is subjec! to the limi*,a~ons contained in the applicat~
Pennsylvania Statutes.
Nonrenew~l. If we decide not to renew or continue this policy, we will mail to ~e
named insured shown in the Declarations a~ the ~ldreas d~own in ~is policy.
1. ~t least 15 days notice before the end of ~ policy perioc~
& for nonpeyment of premiurr~ or
b. if your driver's license has been suspended or revoked after the effective
date if ~his policy has been in effec! less tt~n one yeer; or if ~e policy has been
in effect longer than one year, since the last anniversary of the original effective
date.
2. ~t least 30 days notice before the end of the policy period in ~11 other cases.
However, our right to nonrenew this policy is subject to the limitations contained in ~e
applicable Pennsylvania Statutes,
Autometic Termination. If we offer to renew or contin~Je and you or yo~'
representative do not accept, this policy will automatically terminata at the end of the
current policy perioc£ Failure to pay the required renewal or continuation premium when
due shall mean that you have not accepted our offer.
If you obtain other insurance on your covered suto, any similar insurance provided by
this policy will terminate as to that auto on the effective date of the other insurance.
Page 1 of 2
PENI~YLVANIA ~J~CHAR~ DISa. O~Jl~ ~TA~
Accidents ~ convictions are uaed to rate your policy, sffecting yom premium~ for Bodily Injury and
Property Damage Liability, First Party Benefits and Coverage for Damege to Your Auto. The point
eyatlm below explains how. At the bottom of your DecWations page. there is s six-digit code to
Sixth Digit Number of Points Increase of Base- Premium
One Car Multi-Car.
0%
0 - 40% 20%
1 1
2 2 90% 45%
3 3 150% 75%
4 4 (or more) 220% 110%
-Whan you have more than one car, the increase is split between the two cars with the highest total
base premium (usually the highest valued cars).
The percents apply to your base premium only. This means we do not consider such factors as age,
sex or marital status. In many instances, the percentage of your total premium will be less than that
~own above. The cost will be the same for all drivers with equivalent coverage in any particular
territory.
One point is assigned if you are convicted of a moving traffic violation which results in suspension or
revocation of your license. Three points are assigned if you are convicted of certain major violations
such as driving while intoxicated or under the influence of drugs, failing to stop at an accident
involving injury, homicide or assault with a vehicle or driving while license is suspended or revokecL
One point is assigned for accidents, if you are at fault, which result in bodily injury, death or paid
property damage of S300 or more.
If the principal operator of an auto has been licensed less ~ two years and has no chargeable
accident, one point is assigned.
A point is charged for three years
5685 1-85
VERIFICATION
I, MATTHEW L. BURR, verify that the statements made
in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties
of 18 Pa. C.S. 4904 relating to unsworn falsification to
authorities.
Matthew L. Burr
Dated:
CERTIFICATE OF SERVICE
AND NOW, ~, /~ , 1987, I hereby certify that I
have served the within document on the following by depositing
a copy of the same in the U. S. Mails at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Steven J. Schiffman, Esquire
Serratelli & Schiffman
Suite 106 - 2040 Linglestown Road
Harrisburg, PA. 17110-9483
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-7661
~r
ByR
(Attorney I.D. No~~65)e
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
DEFENDANT'S REPLY TO PLAINTIFF'S
REQUEST FOR PRODUCTION OF DOCUMEN'£S
AND NOW, comes Defendant Matthew Burr, by his counsel,
Caldwell & Kearns, who responds to Plaintiff's Request For Produc-
tion of Documents as follows:
Attached are copies of the requested documents.
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-7661)
(Attorney I.D. No. J4/265)
Dated: ~ /~/~~ Att°rneys f~an~i~e
C~ ~KE, YEAR MIL~GE ',' IL~NAE I Mm~R l
~ REPAIR ~ ~ DETAILS ~ REPAIRS AND REP~CE~ LA~ P~S
COVEi~AGE: ~/ _
THIS IS NOT AN ORDER TO REPAIR TOTALS ~,~
T~ UN~RSIGNED AGREES TO COMPETE ~D
~ARA~EE REPAIRS LISTE~ O~ S~S .. ' S~
GENERAL RELEASE FOR PROPERTY DAMAGE ONLY
TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN,
GREETING: KNOW YE, that I, ROBERT A. SMYSER, JR., for and in
consideration of the sum of THREE THOUSAND NINE HUNDRED
SIXTY-FOUR and 28/100 ($3,964.28) DOLLARS to me in hand paid, the
receipt whereof is hereby acknowledged, have remised, released,
and forever discharged, and by these presents do for my heirs,
executors and administrators and assigns, remise, release and
forever discharge Richard Burr (owner) and Matthew Burr (driver)
and their successors and assigns, and/or their, and each of their
associates, heirs, executors and administrators, and their
insuror, United Services Automobile Association (U.S.A.A.) and
any and all other persons, associations and corporations, whether
herein named or referred to or not, of and from any and every
claim, demand, right, or cause of action of whatsoever kind or
nature, either in law or in equity, arising from or by reason of
any damage to property sustained by me as the result of a certain
accident which happened on or about the 26th day of August, 1986
at N. Hanover Street and Media Road in the Borough of Carlisle,
Cumberland County, Pennsylvania for which I have claimed the said
Matthew Burr as driver, and Richard Burr as owner, and U.S.A.A.
as insuror, to be legally liable, but this GENERAL RELEASE FOR
PROPERTY DAMAGE ONLY shall in no way effect or bar any claim,
demand, right, or cause of action, of whatsoever kind or nature,
either in law or in equity, arising from or by reason.of bodily
and/or personal "injuries, or otherwise, known or unknown,
sustained by me as the result of the aforesaid 6ertain accident
of August 26, 1986.
In Witness Whereof I have hereunto set my hand and seal the
~ day of]~e,¥~,~ in the year one thousand nine hundred
eighty- ~,~ .
Sealed and delivered in the presence of
~/ /~ . / ~. <'~ c'~ ~,. (Seal)
( Wit ~ ~ o ,~
(W~ness) _~ ~ (Seal
COMMONWEALTH OF PENNSYLVANIA :.
COUNTY OF CUMBERLAND :
AFFIDAVIT
I, ROBERT A. SMYSER, JR., being duly sworn according to law
depose and say that the following is true and correct to the best
of my knowledge, information and belief·
]. I am the victim of an automobile-motorcycle accident
which occurred on August 26, ]986, in which I suffered personal
injury and property damage.
2. I was taken from the scene in an ambulance to the
Carlisle Hospital where I was admitted and remained as an
inpatient until September 3, 1986.
3. At the time of the accident, I was wearing the clothing
set forth as items 1 through 6 on the attached list. All the
items of clothing were ripped or torn in the accident or in the
course of the emergency medical treatment which I required for my'
injuries· Items 7 and 8, my riding glasses and helmet,
disappeared from the accident scene and have not been recovered.
4. My best estimate of the value of the clothing is $241.85
as indicated on the attached list. None of the clothing was very
old, and it was in good condition. The clothing was purchased at
various times at various stores. I d° not have any receipts or
sales slips for any of the items. I am sure I paid with cash for
the items since that is my normal habit; I do not have any credit
cards and I do not have a checking account.
5. At the time of the accident I also had in my possession,
and was carrying on my motorcycle, my set of good quality
leather, "Harley Davidson" brand, saddle bags. In those saddle
bags were certain protective riding gear including my jeans or
"chaps", boots, and my heavy leather riding jacket. All of these
items were also Harley Davidson brand items listed in the Harley
Davidson brand catalog but which I purchased for cash from
various stores in Washington, D.C., Altoona, Pennsylvania and
Maryland. I highly valued these items and kept them in excellent
condition. I only wore them for safety - if I was riding my bike
at night on unfamiliar roads, or for protection in cold weather.
The values listed are based on the prices in the Harley Davidson
catalog, which is my best estimate of the actual present value of
the items lost. I have no sales slips or receipts for the bags
or the items in it.
6. My father, Robert A. Smyser, Sr., and my brother Duane
E. Smyser, arrived at the scene of the accident on August 26,
1986, about 15 minutes after I was hit and while I was still
there waiting for the ambulance to take me to the hospital.
After they checked on my condition, they looked after my vehicle
and looked for my missing possessions - including my helmet,
saddlebags, with its 'contents, and my riding glasses. They made
inquiries of the police and other persons at the scene but were
unable to lcoate the items which have never been found.
ROBERT A. SMYSER, JR.
Subscribed and sworn to
before my on this the /,~/w
day of ~;~e: , 1986.
//
NOTARY PUBLIC
My Commission Expires:
-.'-.
~1~ JAMES P. HOWELL, h~¢.
---24 ~T MAIN ~E~ CHAIN SAWS
N~ KING'OWN, P~ 17072
(717) 766-9366
'SUf'IOH gl~ NIH.LIMdr' CI3NOId J. ON .-II ~ I- -r- < Z. ',,' >- O ~
, AVQ ~:ld 00'ES :? '". ,'HO =IgVblO.LS
APPRAISER CALL IN HEMO
(l) INSURED: Burr (2) CLAIM NUMBER: 248106
.(3) CLAINANT: (4) DATE OF LOSS: 8/26/86
(5) CAR: 1983 MAKE: Chevy (6) SUPPLEMENT : No
(7) RECOMMENDED SETTLEMENT FIGURE: $1203.89 (8) MILEAGE : 27,616
(9) DAMAGES: $1203.89
(10) (+) APPEARANCE ALLOWANCE
(11) (-) DEPRECIATION
(12) (-) DEDUCTIBLE
(13) $1203.89
(14) AGREED PRICE? Yes
(15) SHOP: Roof Chevrolet, Inc
****************************************************************************
(16) TOTAL LOSS: ACV (20) DED APPLIED?
+ OR - ACC & EQUIP
(17) OLD DAMAGES (-) (21) SETTLED?
(18) SETTLEMENT VALUE: (22) SALV VALUE:
(19) WITH TAX: (23) SALV MOVED?
(24) COMMENTS:
(25) CALLED IN BY: Fred Jones Appraisal, Jim
(26) uNIT/FILE HANDLER~: Jenny Brooks
..
j )ne: Mechonk:sl~urg (717) 761-7618
' ~ ·
FRE~D7 JONES' APPRAISAL SERVICE, INC. ~,~~
S. ~ING HILL RD.', ~ANI~KK, PA. 17~
,.s. co./;~ ~,Ess~a ~x~z~ ~~~.~~
CAR MAKE, YEAR/~ ~LEAGE
I
~T~IAL A~
~RS LIST ~E ITE~
PI'° I /~e.~r ~ 4~
)
pl.o i .- ,, ,,
THIS IS NOT AN ORDER TO REPAIR TOTALS
TM= J~un=oc,~.,c~ AGREES TO COMPLETE AND
REPAIRS LISTED ON SHEETS ~ HRS.
~/AR~NTEE
t ~ at a TOTAL PR~E OF S~ 7~
I~L0~I~G ALL TOWING AND STORAGE CHARGES LA~ H~. ~ S S
I~IOENTAL THERETO.
PART.LESS ~ ( ) S
R~AIRER
SUBL~ S
A~DRESS. . OTHER CHARGES S.
· 8T ' . . :' . · T~
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FRED JONES' APPRAISAL SERVICE,-INC,
$07 S. SPORTING'HILL RD;, MECHANICSBURG. PA. 17
· 055
~ . ACCIDENT
INSURED r'-] CLAIMANT ~ ADJUSTER INSURANCE FILE 1'40. ~ ~'~F/r~-~'~::7
CAR MAKE, YEAR A+'"4~,,,,1 MILEAGE ! LICENS~L - J Mlt'R,/SER
REPLAC~ R~PAIR ~)~/~ DETAILS OF REPAIRS AND REPLACEMENT LABOR P~TS *NC, SUlU~
MATERIAL ~ e~rT
HOURS ~T PtK:E
/ .zT~/,,~ ~,.,~6/7 /o.O ~$$ a ?
i c~{~Y'ck .Ad&,~.~,,,.,~,:r e,~,o ,/, ~- $/
~4 ·
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THIS IS NOT AN ORDER TO REPAIR TOTALS ~ ~ ~,~i ~ ~
t.e u~.s~.eo aorees to complete *.~ t~or~.rs. 0 s Z ¢,~ ~Z
~arantee re.ams uste~ on s~e~s~ s
/~'~ ' AT a TOTAL PRICE OF S~B~; ~ LAir H~. ~ S
~u~ ~ Tow,~o .~ STOR.O~ C..~S S
Parts-Less ~ ~ ( ) s ~ ~'
aooress other cHA~Es ~O~ s 2~¢~'
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.-.-.
' " . . .... ' .-.': '....- .eRk~.T6T~ .... ,
~¢¢/¢~ .......
CAR EVALUATION ~('~q_ ~,[',~ . NOTE: ALL SHADED AREAS MUST BE CO~MPLETED IN DETAIL AT CAR
YEAR - MAKE ' M~EL BODY.~TYLE DATE OF INSPEOION
LICE~E NUMBE~ SERIAL NUMBE~ MILEAGE COLO~
TYPE OF LOS~O0 FIRE THE~ FLOOD VANO OTHER LO~TION OF ~R INSPECTION
-~ BOOK VALUE ~ EDITION DATE ~/~t PRIOR DIFFERENCES
~ ~ ~ADA g BLUE g OT"~,o, CONDITION g F P OLD DAMAGE J
YES ~~ ~. ~ ~EPORT DED ADD
./ RETAIL ~/7 ~' ~/_~ BUMPERS
/ 1. ENGINE ~ ~ HOOD
/ 2. CID/LITERS FENDER
/' 3~DIESEL W/S~SS ~
4. FUEL I~ECTED .DOORS
5. COMPUTER FACT ROCKERS ~
6. TRANS 3/4/5 GTRS
7.4-WHL DRIVE ROOF ~
8. AIR CONDITION TRK/LI~ HOOD J
9. ~R STEERING REAR BODY J
10. ~R BRAKES PAINT [~
11. ~R WINDOWS TRIM ~-~M
~ 12. ~R DOOR LOCKS ENGINE
~ 13. SEATS ~R SPLIT TRANS
,15, TILT TELL WIlL SMOG TEST
~ 18- LEATHER VELOUR MILES (+ or-)
~ ,~ 19-VINYL TOP TIRES L/F /32 R/F /32
~ ~ j~ 21. CUSTOM WHLS BRAND SPARE /32 i
- 22. WIRE WIlL COVERS TOTAL DIFFERENCES J
~ BOOK .
~ ~J23. SUN R~F~OON ROOF RETAIL ODEALER ~(,~ ~ ~
~' ~ 24' LUGGAGE ~ACK _
~ 25. REAR DEFOGGER ADDITIONS ~)~ T~ ~ =
26. ~R A~ENNA TOTAL VALUE :
27. 3RD SEAT
MARKET SURVE3 ~ALUE
AVAIl
DEALER SALES MANAGER 8 PHONE CASH VALUE
YES
S
S
S
AVERAGE BOOK S
POOL STALL NO
SALVAGE MOVED E] YES J~O' ' J ~ ~ ~ DAY ~ ---'
, ' J STO~AGE~ SINCE / JEST. SALV. S
COMPANY" - APPR~'S SIGNATU~ . __ '
87-B REV, 12-81
VERIFICATION
I, MATTHEW L. BURR, verify that the statements made
in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties
of 18 Pa. C.S. 4904 relating to unsworn falsification to
authorities.
Matthew L. Burr
Dated: / s' ~o, 27
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Robert A. Smyser, Jr., and sues
the Defendant, Matthew L. Burr, as follows:
1. Plaintiff is an adult male who resides at 402 E. Old
York Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is an adult male who resides at 816 Fairview
Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. The incident which gave rise to this action occurred in
the Borough of Carlisle, Cumberland County, Pennsylvania.
4. On August 26, 1986, at approximately 11:35 a.m.,
Plaintiff was operating a 1982 Harley-Davidson motorcycle and was
traveling south on North Hanover Street approaching the
intersection with Media Road.
5. At all times relevant hereto Plaintiff was operating
said motorcycle in a safe and careful manner.
6. As Plaintiff was traveling south, he was following a
truck.
7. As Plaintiff and the truck approached the intersection,
the truck began to make a right hand turn onto Media Road.
8. At this time, Defendant was operating a 1983 Chevrolet
Cavalier, which was pointed in an easterly direction, and which
was stopped at the stop sign on Media Road at its intersection
with North Hanover Street.
9. As the truck made its right hand turn, Plaintiff
continued to operate his vehicle south on North Hanover Street
and began to enter the intersection with Media Road.
10. At this point Defendant drove his vehicle into the
intersection.
11. Defendant was subject to the stop sign on Media Road,
and there were no traffic control devices governing Plaintiff's
travel.
12. Despite Plaintiff's having the right of way to proceed
through the intersection, Defendant entered the intersection in a
negligent, careless and reckless manner, as follows:
a. in failing to observe Plaintiff's vehicle on the
highway;
b. in failing to exercise the high degree of care required
by a motorist entering an intersection;
c. in failing to operate his vehicle in accordance with
existing traffic controls;
d. in failing to keep a reasonable look-out for other
vehicles lawfully on the road;
e. in attempting to enter an intersection when such
movement cannot be safely acco.mplished;
f. in failing to yield the right-of-way to traffic already
upon the highway;
g. in attempting to enter an intersection in such a manner
as to endanger other vehicles lawfully in the intersection;
h. in failing to yield to traffic at an intersection
controlled by a stop sign;
i. in otherwise operating said vehicle in a careless,
reckless and negligent manner, and in a 'manner violating the
Motor Vehicle Code of the Commonwealth of Pennsylvania.
13. Upon seeing Defendant's vehicle enter the intersection,
Plaintiff made all possible efforts to stop his vehicle.
14. Despite Plaintiff's efforts he was unable to avoid
Defendant's vehicle, and a collision resulted.
15. The impact of the collision threw Plaintiff from his
motorcycle onto Defendant's car.
16. As a direct result of the collision, Plaintiff suffered
severe and serious injury to his person, including multiple
fractures to his left femur, a fracture to his pubic ramus, and
multiple contusions.
17. Plaintiff was hospitalized for eight days and underwent
orthopedic surgery on his left leg to treat these injuries.
18. As a direct result of the collision Plaintiff suffered
injuries which, upon information and belief, are permanent in
nature.
19. As a direct result of the collision Plaintiff suffered
substantial monetary loss, injury, wage loss, sever pain and
suffering, and will continue suffer from the aforesaid injuries.
NEGLIGENCE
20. Paragraphs 1 through 19 are incorporated by reference
thereto as if fully set forth herein.
21. At all times relevant hereto, Defendant owed Plaintiff
a duty to operate his vehicle in a safe manner.
22. By entering the intersection without yielding the right
of way to Plaintiff, Defendant breached that duty, resulting in
the accident.
23. At all times relevant hereto, Plaintiff operated his
motor vehicle in a safe ~manner consistent with all laws and
regulations.
24. The aforesaid accident was a direct and proximate
result of the negligence of the Defendant in operating his
vehicle in a careless, negligent and reckless manner.
25. As a direct and proximate result of Defendant's breach
of duty, Plaintiff suffered serious and permanent injury to his
person, as well as great pain and suffering, monetary loss, loss
of earning capacity, and other substantial damages.
26. As a direct and proximate result of Defendant's breach
of duty, Plaintiff suffered damages in excess of $10,000 which
amount exceeds the limits requiring compulsory arbitration.
WHEREFORE, Plaintiff Robert A. Smyser, Jr. prays that this
Court enter judgment in his favor and against Defendant in an
amount in excess of $10,000, plus costs of suit.
Respectfully submi~ed,
~t~en ~: St~ifff~an, E~q.
Jo P~K~ ~dbe~, 'Esq.'~
SERR~ELL AND SCHIFFMA~//
Deer Path Woods Office ~ark
2040 Linglestown Road, Suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
Carlisle, PA 17013
(717) 249-6427
Attorneys for Plaintiff
S/C:48
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
· . ROBERT A. S~YS~R, J~ '
CERTIFICATE OF SERVICE
AND NOW, / 1987, I hereby certify that I
have served the within document on the following by depositing
a copy of the same in the U. S. Mails at Harrisburg, Pennsylvania,
postage prepaid, addressed to:
Steven J. Schiffman, Esquire
Serratelli & Schiffman
Suite 106 - 2040 Linglestown Road
Harrisburg, PA. 17110-9483
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, ?A. 17110
(717) 232-7 i61
By re
SHERIFF ' S RETUP~N
CO~!MON%-EAZLTH OF PENNSYLVANIA
COL~TY OF Cb~ERI_%ND In the Court of Common Pleas of
Robert A. Smyser, Jr. Cumberland County, Pennsylvania
No. 54 Civil ~/?F7
Civil Action Law Complaint
VS
Matthew L. Burr
Michael E.Barrick XXX~Xg~)fD~or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
~ha~ he served the within Civil Action Law Complaint
,,~on Matthew L.Burr ~he defendant a~ 12:24 o'clock PM.
EST / E~, on the 15th day of January ., 19 88, at
816 Fairview Road, Carlisle ,Cumberland County,
(s~reet number) Lois Burr mo~ner
Pennsylvania, by handing to
a t~ae and a~:r_ested copy of ~:he Civil Action Law Complaint .,
and at the same ~ime directing her a~ten~ion to the con:en:s ~inereof and
the "No'=ice to Plead" endorsed ~hereon.
Sherlff's Cos ts: So answers~ ~/
Docke ~ing 14. O0 //~~,~
Se~zice 2.05
Affidavit WILLL~M K. BECK, Sheriff
Surcharge 2. O0
Sworn and subscribed before me atty 1-15-88 by . . ,
Deputy Sherz~ f
' Prothonotary
No ....... 5__4. .............. Term, 19__-8_7-_
Robert A. Smyser, Jr., Plaintiff
Matthew L. Burr, Defendant.
PRAEC:IPE
Filed ........................... 19 ......
.................................. , Atty.
r~2 :;; ·
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA.
:
vs. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
TO: ROBERT A. SMYSER, JR., Plaintiff
c/o SERRATELLI AND SCHIFFMAN
Deer Path Woods Office Park
2040 Linglestown Road, Suite 106
Harrisburg, PA. 17110-9483
(Attorneys for Plaintiffs)
YOU ARE HEREBY NOTIFIED that the New Matter set forth
herein contains averments against you to which you are required
to respond within twenty (20) days after service thereof.
Failure by you to do so may constitute an admission.
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-7661
By
ard B ~tz, uire
Dated: ~, ~/ /!~ ~t~~ ~ 5)
ROBERT A. SMYSER, JR., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNA.
:
vs. : No. 54 Civil 1987
:
MATTHEW L. BURR, : CIVIL ACTION - LAW
Defendant : JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
AND NOW, comes Defendant Matthew L. Burr by his counsel
Caldwell & Kearns, who responds to Plaintiff's Complaint as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Rather, Plaintiff failed to operate his
motorcycle in a safe and careful manner and was negligent in
the operation of his motorcycle as is set forth in New Matter,
which is incorporated herein by reference.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Denied. Defendant had driven his car into the inter-
section as the truck began its turn and stopped his vehicle
when he first saw Plaintiff's motorcycle, which was prior to
the accident.
11. Admitted that there was a stop sign for Defendant's
direction of travel and that there was no stop sign for Plaintiff's
direction of travel. Answering further, Defendant did stop
at the stop sign at the intersection of Media Road and North
Hanover Street.
12. The averments of this paragraph and each and every
subparagraph are conclusions of law to which no response is
required. To the extent that a response is required, it is
denied that Defendant was negligent, careless or reckless,
and:
(a) It is denied that Defendant was negligent in failing
to observe Plaintiff's vehicle on the highway;
(b) It is denied that Defendant was negligent in failing
to exercise the high degree of care required by a motorist
entering an intersection;
(c) It is denied that Defendant was negligent in failing
to operate his vehicle in accordance with existing traffic
controls;
(d) It is denied that Defendant was negligent in failing
to keep a reasonable lookout for other vehicles lawfully on
the road;
(e) It is denied that Defendant was negligent in attempting
to enter an intersection when such movement could not be safely
accomplished;
(f) It is denied that Defendant was negligent in failing
to yield the right-of-way to traffic already upon the highway;
(g) It is denied that Defendant was negligent in attempting
to enter an intersection in such a manner as to endanger other
vehicle lawfully in the intersection;
(h) It is denied that Defendant was negligent in failing
to yield to traffic at an intersection controlled by a stop
sign; and
(i) It is denied that Defendant was negligent in otherwise
operating his vehicle in a careless, reckless and negligent
manner, or in a manner violating the Motor Vehicle Code of
the Commonwealth of Pennsylvania.
Rather, Defendant operated his vehicle in a careful and prudent
manner at all times relevant to this case, and the accident
was caused by the carelessness, negligence, and recklessness
of Plaintiff as is set forth more fully in New Matter and is
incorporated herein by reference.
13. Denied. Plaintiff did not swerve his vehicle at
all, but continued straight ahead crashing into Defendant's
stopped vehicle.
14. Admitted that a collision resulted. This paragraph
is denied to the extent that it suggests that Plaintiff was
not negligent and that Defendant was negligent. Rather, the
accident resulted from the negligence of the Plaintiff as is
set forth more fully in New Matter, which is incorporated herein
by reference.
15. Admitted.
16. Defendant is without knowledge or information sufficient
to form a belief as to the truth or falsity of this averment,
and therefore this averment is denied.
17. Defendant is without knowledge or information sufficient
to form a belief as to the truth or falsity of this averment,
and therefore this averment is denied.
18. Defendant is without knowledge or information sufficient
to form a belief as to the truth or falsity of this averment,
and therefore this averment is denied.
19. Defendant is without knowledge or information sufficient
to form a belief as to the truth or falsity of this averment,
and therefore this averment is denied.
NEGLIGENCE
20. Paragraphs 1 through 19 of this Answer With New Matter
are incorporated herein by reference.
21. The averment of this paragraph is a conclusion of
law to which no response is required.
22. The averments of this paragraph are conclusions of
law to which no response is required. To the extent that a
response is required, it is denied that Defendant was negligent.
Rather, the accident was caused by the negligence of Plaintiff
as is set forth in New Matter, which is incorporated herein
by reference.
23. Denied. Rather, Plaintiff operated his vehicle in
a negligent manner, as is set forth in New Matter, which is
incorporated herein by reference.
24. The averments of this paragraph are conclusions of
law to which no response is required. To the extent that a
response is required, it is denied that the accident was a
direct and proximate result of the negligence of Defendant
operating his vehicle in a careless, negligent and reckless
manner. Rather, the accident resulted solely, directly and
proximately from the negligence of Plaintiff, as is set forth
in New Matter, which is incorporated herein by reference.
25. The averments of this paragraph are conclusions of
law to which no response is required. To the extent that a
response is required, it is denied that Defendant breached
any duty. As to the averments of damages to the Plaintiff,
Defendant is without knowledge or information sufficient to
form a belief as to the truth or falsity of these averments
and therefore these averments are denied.
26. The averments of this paragraph are conclusions of
law to which no response is required, to the extent that a
response is required, it is denied that Defendant breached
any duty.
WHEREFORE, Defendant demands judgment in his favor.
NEW MATTER
27. Paragraphs 1 through 26 of this Answer With New Matter
are incorporated herein by reference.
28. The accident at issue was caused directly, solely
and proximately by the negligence, carelessness and recklessness
of Plaintiff in that Plaintiff:
(a) Failed to observe the Defendant's vehicle stopped
on the highway;
(b) Followed too closely behind the truck and in a manner
that caused him not to be able to see vehicles on the highway
or stop in time to avoid the accident;
(c) Failed to keep a lookout for vehicles lawfully on
the roadway;
(d) Violated the assured clear distance ahead rule;
(e) Failed to act reasonably to avoid the accident when
Plaintiff had the last clear chance to do so; and
(f) Was otherwise negligent in fact and at law.
29. Plaintiff's negligence should bar him from recovery
against Defendant or any recovery of Plaintiff should be reduced
by the percentage of causal negligence attributed to Plaintiff.
WHEREFORE, Defendant demands judgment in his favor.
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-7661
BY _~hard B.!//3w~rtz, ~sqgire
Attorney i.D. No. ~12/g5
Attorney for Defen~nt
VERIFICATION
I, MATTHEW L. BURR, verify that the statements made
in the foregoing document are true and correct. I under-
stand that false statements herein are made subject to the
penalties of 18 Pa. C.S. 4904 relating to unsworn falsification
to authorities.
Matthew L. Burr
Dated:
CERTIFICATE OF SERVICE
AND NOW, February 10, 1988, I hereby certify that I
have served the within document on the following by depositing
an original and two copies of the same in the U.S. Mails
at at Harrisburg, Pennsylvania, postage prepaid, addressed
to:
Steven J. Schiffman, Esquire
Joseph K. Goldberg, Esquire
Serratelli and Schoffman
Deer Path Woods Office Park
2040 Linglestown Road, Suite 106
Harrisburg, PA. 17110-9483
Andrea C. Jacobsen, Esquire
P. O. Box 760
Carlisle, PA. 17013
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA. 17110
(717) 232-~661
R,/~chR chard B. [S~rtz, Etouir~
(Attorney I. D~a. r~o~ ~
ROBERT A. SMYSER, JR.,
Plaintiff : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :
: No. 54 Civil 1987
MATTHEW L. BURR, :
Defendant : CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PLAINTIFF,S REPLY TO NEW MATTER
Plaintiff, by and through his attorneys, SERRATELLi AND
SCHIFFMAN and Andrea C. Jacobsen, Esq., hereby submits this Reply
to Defendant's New Matter, and avers as follows:
27. This is an incorporation of Defendant,s Answer to the
Complaint, and no responsive reply is required.
28. The averments of this paragraph are conclusions of law
to which no response is required. To the extent that any
response is required, Plaintiff denies the allegations of the
paragraph, and specifically denies the allegations of each
sub-paragraph as follows:
(a) Plaintiff observed Defendant,s vehicle on the highway,
however Plaintiff made all efforts to avoid said vehicle;
(b) Plaintiff was riding in a safe and reasonable 'manner
behind the truck and would have been able to stop in time but for
the negligent and careless manner in which Defendant drove his
vehicle into the intersection;
(c) Plaintiff at all times was observant of vehicles
lawfully on the roadway; however, Defendant's vehicle was not
lawfully in the intersection for the reasons set forth in
Plaintiff,s Complaint;
(d) Plaintiff at all times observed the dictates of the
"clear distance ahead rule" by operating his vehicle in a safe
and reasonable manner;
(e) Plaintiff made all possible efforts to avoid the
accident, but was unable to do so solely due to Defendant,s
negligence;
(f) Plaintiff at all times operated his vehicle in a safe
and reasonable manner and was in no way negligent in fact or at
law.
29. The averments of this paragraph are conclusions of law
to which no response is required. To the extent that a response
is required Plaintiff denies the averments and states that he was
in no way negligent in this matter.
WHEREFORE, Plaintiff respectfully requests this Court
dismiss Defendant's New Matter and enter Judgment as demanded in
his Complaint.
Respectfully submitted,
j~"/ Steven ~
ps,h/woods
2040 Li~lestow~ oad, Suite 106
Harrisburg, PA 17110-9483
(717J 540-9170
P. O. Box 7
Carlisle, pA 17013
S/R:50 (717) 249-6272
ROBERT A. SMYSER, JR.,
Plaintiff : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V. :
: No. 54 Civil 1987
MATTHEW L. BURR, :
Defendant : CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Steven j. Schiffman, do hereby certify that on February
_ , 1988, I served a copy of the foregoing upon the Defendant
by United States mail, postage prepaid, address as follows:
Richard B. Swartz, Esq.
Caldwell & Kearns
3631 North Front Street
Harrisburg, PA~ 17110 ., /~ ~/
qo
Deer Path Woods-6 ark
2040 Linglestown Road, Suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
VERIFICATION
I verify that the statements made in the foregoing Reply
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
~USERT A.-~