HomeMy WebLinkAbout01-2682CATHERINE SMITH AND
RICHARD SMITH,
Plaintiffs
JOSEPH REINHARDT, III,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
o,-
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you
must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4th Fl., Cumberland County Courthouse
Carlisle, Pennsylvania 17101
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas
sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escfita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se darien&, la corte tomara medidas y
puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A LIN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO
TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
COURT ADMiNISTRATOR
4th Fl., Cumberland County Courthouse
Carlisle, Pennsylvania 17101
(717) 240-6200
228076. I\DLL~LC2
CATHERINE SMITH AND
RICHARD SMITH,
Plaintiffs
Vo
JOSEPH RE1NHARDT, III,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. o J-. rz
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs Catherine and Richard Smith, citizens of the Commonwealth of Pennsylvania,
are husband and wife, adult individuals who reside at 2615 Grandview Drive, York Haven, York
County, Pennsylvania.
2. Defendant Joseph Reinhardt, III, is an adult individual and citizen of the State of
Maryland who resides at 654 St. Marys Road, Pylesville, Maryland, 21132.
3. The facts and occurrences hereinafter related took place on or about April 11, 2000, at
approximately 8:00 a.m. on the exit ramp of Exit 19 of Interstate 83 ("I-83"), Cumberland County,
Pennsylvania.
4. At that time and place, Mrs. Smith was operating her motor vehicle, a 1987 Chrysler
New Yorker, and stopped at a traffic light while exiting 1-83 at Exit 19.
5. At the same time, Defendant Reinhardt was operating a sport utility vehicle also exiting
1-83 at Exit 19.
6. Defendant Reinhardt caused the front portion of his vehicle to collide into the rear
portion of the Plaintiffs' stationary vehicle.
7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained
by Mr. and Mrs. Smith are the direct and proximate result of the negligent, careless, wanton and
reckless manner in which Reinhardt operated his motor vehicle as follows:
228076.1 ~DLLXLC2
a) failure to have his vehicle under such control as to be able to stop within the
assured clear distance ahead;
b) failure to keep alert and maintain a proper watch for the presence of other motor
vehicles on the highway;
c) failure to apply his brakes in sufficient time to avoid striking the rear of
Plaintiffs' vehicle;
d) failure to travel at a safe speed;
e) failure to keep proper and adequate control over his vehicle; and
f) driving his vehicle upon the highway in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and safety of others
and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania.
CLAIM I
Catherine Smith v. Joseph Reinh,rdt~ Ill
8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference.
9. Mrs. Smith sustained painful and severe injuries that include but are not limited to a
chronic thoracic strain, right rib strain and/or fracture, and an aggravation of a T9/T10 disc
protrusion.
10. By reason of the aforesaid injuries sustained by Mrs. Smith, she was forced to incur
liability for medical treatment, medications, injections and similar miscellaneous expenses in an
effort to restore herself to health, and claim is made therefor.
11. Because of the nature of her injuries, Mrs. Smith has been advised and, therefore, avers
that she may be forced to incur similar expenses in the future, and claim is made therefor.
12. As a result of the aforementioned injuries, Mrs. Smith has undergone and in the future
may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss
of life's pleasures and enjoyment, and claim is made therefor.
228076.1 \DLL\LC2 2
13. As a result of the aforesaid injuries, Mrs. Smith has been and in the future may be
subject to humiliation and embarrassment, and claim is made therefor.
14. Mrs. Smith continues to be plagued by persistent pain and limitation and, therefore,
avers that her injuries may be of a permanent nature, causing residual problems for the remainder of
her lifetime, and claim is made therefor.
CLAIM II
Richard Smith v. Joseph Reinhardt, Ill
15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference.
16. As a result of the aforementioned injuries sustained by his wife, Mrs. Smith, Mr. Smith
has been and may in the future be deprived of the care, companionship, consortium, and society of
his wife, all of which will be to his great detriment, and claim is made therefor.
WHEREFORE, Plaintiffs Catherine and Richard Smith demand judgment against
Defendant Joseph Reinhardt, III, in an amount in excess of Twenty-five Thousand ($25,000.00)
Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring
compulsory arbitration.
ANGINO & ROVNER, P.C.
Davi[l ]~'Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiffs
228076.1 \DLL~LC2 3
VERIFICATION
We, Catherine and Richard Smith, Plaintiffs, have read the foregoing COMPLAINT and do
hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of our
knowledge, information and belief. We understand that this Verification is made subject to the
penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities.
WITNESS: ~
Dated:
Catherine Smith
Richard Smith
228076. I~DLL\LC2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND :
RICHARD SMITH : Civil Action - Law
Plaintiffs, :
:
vs. : No. 01-2682
:
JOSEPH REINHARDT, III, :
Defendant : JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012
TO THE PROTHONOTARY:
Kindly enter the appearance of Michael B. Scheib, Esquires of Griffith,
Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant in the above-
captioned matter and mark the docket accordingly.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
MICHAEL B. SCHEIB, ESQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Reinhardt
Dated:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND :
RICHARD SMITH : Civil Action - Law
Plaintiffs, :
:
vs. : No. 01-2682
:
JOSEPH REINHARDT, III, :
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this~)~of June, 2001, I, Michael R. Scheib, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
hereby certify that I have this date served a copy of Praecipe for Entry of
Appearance, by United States Mail, addressed to the party or attorney of record as
follows:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Michael B. Scheib, ESQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Reinhardt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICF
AND NOW, this ~';t:~of July, 2001, I, Michael B. Scheib, Esquire, a member
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby
certify that I have this date served the INTERROGATORIF~$/REOUEST FOR
PRODUCTION OFDOCUMENTS OF DEFENDANT TO PLAINTIFFS - Set
No. 1, by United States Mail, addressed to the party or attorney of record as
follows:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
MiChael B '
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Reinhardt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
:
:
No. 01-2682
:
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
Catherine Smith and
Richard Smith
c/o David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judgment may be entered against
yOU,
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Micl{aei B. Scheib, Esquire
Attorney for Defendant
Supreme Court I.D. #63868
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 7§7-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT. JOSEPH REINHARDT. III,
TO PLAINTIFFS' COMPLAINT
Come now, Defendant, Joseph Reinhardt, III, by and through his attorneys,
Griffith, Strickler, Lerman, Solymos & Calkins, and Michael B. Scheib, responds to
the allegations in Plaintiffs' Complaint as follows:
1. Denied. After reasonable investigation, Answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraph no. 1 of Plaintiff's Complaint and same are denied
and strict proof thereof is hereby demanded.
2. Admitted.
3. Admitted.
4. Admitted in part and Denied in part. It is admitted that the incident
occurred on the exit ramp of Interstate 83 at Exit 19. It also is admitted that
Plaintiff was operating a Chrysler New York. The remaining allegations are denied.
After reasonable investigation, answering Defendant is without knowledge or
information sufficient to form a belief as to the truth or veracity of the allegations
contained in paragraph 4 of Plaintiff's Complaint and same are denied and strict
proof thereof is demanded.
5. Admitted.
6. Admitted in part and Denied in part. It is admitted that the vehicles
came into contact with one another. The remaining allegations are denied. After
reasonable investigation, answering Defendant is without knowledge or information
sufficient to form a belief as to the truth or veracity of the allegations contained in
paragraph 6 of Plaintiff's Complaint and same are denied and strict proof thereof is
demanded.
7.
is required.
Denied. This paragraph states a legal conclusion to which no response
It is specifically denied that the Defendant was negligent, careless,
reckless and that he:
a) failed to have his vehicle under such control as to be able to stop
within the assured clear distance ahead;
b) failed to keep alert and maintain a proper watch for the presence of
other motor vehicles on the highway;
c) failed to apply his brakes in sufficient time to avoid striking the rear of
Plaintiffs' vehicle;
d) failed to travel at a safe speed;
e) failed to keep proper and adequate control over his vehicle; and
f) drove his vehicle upon the highway in a manner endangering persons
and property and in a reckless manner with careless disregard to the rights and
safety of others and in violation of the Motor Vehicle Code of the Commonwealth
of Pennsylvania.
2
On the contrary, at all times relevant, Defendant acted in a lawful, careful, safe and
prudent manner with due care as required by the circumstances.
CLAIM I
Catherine Smith v. Joseph Reinhardt. III
8. Paragraphs 1 through 7 of Defendant's Answer With New Matter are
incorporated herein as though fully set forth at length.
9. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 9 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
10. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 10 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
1 1. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 1 1 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
12. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 12 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
13. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 1 3 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
14. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 14 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
WHEREFORE Defendant respectfully requests that this Honorable Court to
enter judgment in his favor, together with the cost of this lawsuit.
CLAIM II
Richard Smith v. Joseoh Reinhardt. III
1 5. Paragraphs 1 through 14 of Defendant's Answer With New Matter
are incorporated herein as though fully set forth at length.
16. Denied. After reasonable investigation, answering Defendant is
without knowledge or information sufficient to form a belief as to the truth or
veracity of the allegations contained in paragraph 16 of Plaintiff's Complaint and
same are denied and strict proof thereof is demanded.
WHEREFORE Defendant respectfully requests that this Honorable Court to
enter judgment in his favor, together with the cost of this lawsuit.
By way of further Defense:
NEW MATTER
17. Paragraphs 1 through 16 of Defendant's Answer With New Matter
4
are incorporated herein as though fully set forth at length.
18. Plaintiffs' Complaint fails to state a cause of action upon which relief
can be granted.
19. Plaintiffs' injuries, if any, may be barred or limited by the Motor
Vehicle Financial Responsibility Law.
20. Plaintiffs have selected limited tort option.
21. Plaintiffs' injuries, if any, were caused by the acts and/or omissions of
a third party over whom Defendant had no control.
22. Plaintiffs' injuries, if any, were caused by events which either predated
or postdated the motor vehicle accident which is the subject of this lawsuit.
23. Plaintiff was involved with a prior motor vehicle accident.
24. Plaintiffs' have not incurred any out-of-pocket expenses.
WHEREFORE Defendant respectfully requests that this Honorable Court to
enter judgment in hisr favor, together with the cost of this lawsuit.
By:
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Supreme Court I.D. #63868
Attorney for Defendant Reinhardt
110 South Northern Way
York, PA 17402
(717) 757-7602
5
VERIFICATION
I verify that the foregoing facts are true and correct, upon my personal
knowledge or information and belief. This verification is made subject to the
penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date:
~5'sel~ Reinhardt, III- '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this '~ ~ of July, 2001, ~, Michael B. Scheib, Esquire, a member
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby
certify that I have this date served a copy of Answer With New Matter, by United
States Mail, addressed to the party or attorney of record as follows:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
MichaelY~ ~Sch~ib; E-~SQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Reinhardt
CATHERINE SMITH AND
RICHARD SMITH,
Plaintiffs
JOSEPH REINHARDT, III,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-2682 Civil Term
JURY TRIAL DEMANDED
AFFIDAVIT OF SERVICE
This is to certify that on the 7th day of May, 2001, a tree and correct copy of a Complaint
was mailed to the Defendant, via certified mail, return receipt requested, at 654 St. Marys Road,
Pylesville, MD 21132. A copy of the certified mail receipt No. 7099 3400 0008 6631 7618 is
attached hereto.
RETURN OF SERVICE
This is to certify that on the llth day of May, 2001, a Complaint was served upon
Defendant, via certified mail, return receipt requested, at the above-noted address. A copy of the
signed retum receipt No. 7099 3400 0008 6631 7618 is attached hereto.
Sworn to,9~a~ subscri/l~ed bfffore
me this.g;:~' ~ay Oq~ , 2001.
N-ota}y Public
My commission expires:
D~vid~. Zultz
233811.1 ~DLLLMTG
Postage
Certified Fee
Return Receipt Fee
(Endorsement Reduired)
Restricted Delivery Fee
{Endorsement Required)
Total Postage & Fees
IName (Please Pdnt Clearly) (to be completed by mailer) ,
'~'G~'~'.Ep'E 7~;~.}-~-FS-[~i~;<-iv¥.- ...................... 7 ....... I ..........................
'b'~,'~£~£~,'~/i~~ ............................................. t ..........................
.· Complet~ items 1~2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
m Attach this card to the back of the mailpiece,
or on the front if space permits.
1. A~icle Addressed to:
A. Recaived by (F~ese Prlnt Clearly)
[] ~reesee
17 I-lyes
YES. eflter delivery address below: [] No
"3. r~_ice Type
/E:r~ertifled Mail [] Express Mail
I / [] Registered ~etum Receipt for Merchandise
I [] Insured Mail ,~1-1 C.O.D.
I 4. Restricted Delivery? (Extra F~,,) [] Yes
, 2. Article Number (Copy from service JebeO
PS Form'3~1:1', July 1999 Domestic ~eturn Receipt
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a tree and correct copy of AFFIDAVIT OF SERVICE/RETURN
OF SERVICE upon all counsel of record via postage prepaid first class United States mail
addressed as follows:
Michael Scheib, Esquire
I 10 South Northern Way
York, PA 17402-3737
Attorney for Defendant
23381 I.I~DLL~ITG
CATHERINE SMITH AND
RICHARD SMITH,
Plaintiffs
JOSEPH REINHARDT, III,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-2682 Civil Teml
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
18. through 24. The Defendant's New Matter, paragraphs 18 through 24, fails to set
forth factual allegations that require the Plaintiff to admit and/or deny said allegations. The factual
allegations contained in the Plaintiffs' Complaint are incorporated herein by reference.
WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be
dismissed.
ANGINO & ROVNER, P.C.
Daw~ L.'7'Lu't~
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiffs
233824.1 ~DLL'uMTG
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO
DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United
States mail addressed as follows:
Michael Scheib, Esquire
110 South Northern Way
York, PA 17402-3737
Attorney for Defendant
233824.1 ~DLL'xMTG
IN THE COURT OF COMMON PlEaS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
AND NOW, this .
Civil Action - Law
:
:
No. 01-2682
:
: JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
~)'~ day of August, 2001, I, Michael B. Scheib, a member
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify
that I have this date served the Notice Of Deposition by United States Mail, addressed
to the party or attorney of record as follows:
David L. Lutz, Esq.
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
GRIFFITH, STRICKLER, LERMAN,/
.~..~LY M~ S ~C~,~I~I,~
Supreme Court ID No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ~'~13 of August, 2001, I, Michael B. Scheib, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
hereby certify that I have this date served DEFENDANT'S RESPONSE TQ
PLAINTIFFS'
REQUEST FOR PRODUCTION OF DOCUMENTS., by United States Mail, addressed
to the party or attorney of record as follows:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & C~ALKINS
Michael B. ,~cheib, ESQUIRE
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
CATHERINE SMITH AND
RICHARD SMITH,
Plaintiffs
JOSEPH REINHARDT, III,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 01-2682 Civil Term
JURY TRIAL DEMANDED
PLAINTIFFS' SUPPLEMENTAL RESPONSE TO THE DEFENDANT'S NEW MATTER
18. It is specifically denied that Plaintiffs' Complaint falls to set forth a cause of action
for which relief can be granted.
19. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial
Responsibility Law apply to this case.
20. It is denied that the Plaintiffs have selected limited tort as the Plaintiffs have selected
full tort.
21. It is denied that Plaintiff Catherine Smith's injuries were caused by acts or omissions
of any other party but that of Defendant Joseph Reinhardt.
22. It is denied that Plaintiffs' injuries were caused by events which predated and/or
post-dated the motor vehicle accident. However, Plaintiff Catherine Smith has suffered injuries in
the subject motor vehicle accident as a result of the motor vehicle accident causing an aggravation,
activation, and exacerbation of her pre-existing condition.
23. Denied.
24. The Plaintiffs have sustained some out-of-pocket expenses for the cost of
medications purchased that were not fully reimbursed by the Plaintiffs' automobile insurance
carder.
234857.1\DLL~VlTG
WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be
dismissed.
ANGINO & ROVNER, P.C.
David L. Lutz
I.D. No. 35956
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
Attorney for Plaintiffs
234857.1X,DLLhMTG
VERIFICATION
We, Catherine and Richard Smith, Plaintiff, hereby verify that the facts set forth in the foregoing
document are tree and correct to the best of our knowledge, information and belief. We understand that any
false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom
falsification to authorities.
WITNESS:
fine Smith - '
Richard Smith
Date:
200367.1 'ff)LLWITG
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law fiicn of Angino & Rovner, P.C., do hereby
certify that I am this day serving a tree and correct copy of PLAINTIFFS' SUPPLEMENTAL
REPLY TO THE DEFENDANT'S NEW MATTER upon all counsel of record via post_age prepaid
first class United States mail addressed as follows:
Scheib, Esquire
110 South Northern Way
York, PA 17402-3737
Attorney for Defendant
234857.1'~DLLWITG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND :
RICHARD SMITH : Civil Action - Law
Plaintiffs, :
:
vs. : No. 01-2682
:
JOSEPH REINHARDT, III, :
Defendant : JURY TRIAL DEMANDED
AND NOW, this
CERTIFICATE OF SERVICE
r~'3L~ ~lay of November, 2001, I, Michael B. Scheib, a member
of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify
that I have this date served the Notice Of Deposition by United States Mail, addressed
to the party or attorney of record as follows:
David L. Lutz, Esq.
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
GRIFFITH, STRICKLER, LERMAN,
Mic'ha'el B. Sc~heibl Esquir~
Supreme Court ID No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS.
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this of'3~J~[, ;~1-, I, Michael B. Scheib, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
hereby certify that I have this date served DEFENDANT'S ANSWER'S TO
PLAINTIFFS' INTERROGATORIES PROPOUNDED UPON DEFENDANT, by United
States Mail, addressed to the party or attorney of record as follows:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
4503 North Front Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Mich .
Attorney I.D. No. 63868
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorneys for Defendant Reinhardt
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF:
CATHERINE & RICHARD SMITH
-VS-
JOSEPH REINHARDT,III
COURT OF COMMON PLEAS
TERM,
CASE NO: 01-2682
As a prerequisite to service of a subpoena for documents and things pursuant
to Rule 4009.22
MCS on behalf of MICHAEL SCHEIB, ESQUIRE
certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena
attached thereto was mailed or delivered to each party prior to
the date on which the subpoena is sought to be served,
(2) A copy of the notice of intent, including the proposed subpoena, is
attached to this certificate,
(3) The parties have waived the twenty-day notice provided in
Rules 4009.21 and 4009.22 and,
(4) The subpoena which will be served is identical to the subpoena which
is attached to the notice of intent to serve the subpoena.
DATE: 01/30/2002
MCS on be a f of~
MICHAEL SCHEIB, ESQUIRE
Attorney for DEFENDANT
DE12-217158 70562--L06
J~N-~3-~00~ i4:~4
. ANGINO ROVNER, P.C.
I'L~L~,~G~ PA 17tI0-170~
717/Z38~791
F,~X?IT/I3&$610
WWW.,~ICIHO. ROVt4'EI~ CON
F...-MAIla DLUT'Z~AI~C ll~IO,ROVHIEIt. CO M
P. 0~
RlCli/~,D A. 8~DLOCK
~ D~Cu, m
Iota~ L ~
Janumy 16, 2002
Michael Scheib, Esquire
I 10 South Northern Way
York, PA 17402-3737
Re: Smith v. Reinhardt
I~ar Mike:
DLL:mtg
Receipt of your January 14, 2002, correspondence is aelmowledged' This telttttttttttttttttt~r will serve to confirm
that I will waive the 20-day notice.
Please let me know about the probability of the independent medical examination.
Very truly yours,
David L. Lutz
23405g.lkl)LLkMTG
TOTAL P. 02
COIVlI~IOIqI~':AT-TH OF PENNs!fI_.V~e~I~IIA
¢OI. II~TY OF CI31WREI~T -~I~ID
IN THE HATTER OF:
CATeL~KINE & RICHARD SHITH
-VS-
JOSEPH REINHARDT, III
COURT OF C0i~4ON PLEAS
TERH,
CASE NO: 01-2682
NOTICE OF INTENT ~0 SERVE A SUBPOR~A ~0 PRODUCE DOCI~TS AN~
· I'ItlNGS FOR DISCov~.Ry PUR~UANW TO RULE 4009.21
WILLIAM J. POLACHECK, JR.,M.D. HEDICAL
TO: DAVID L. LUTZ, ESQ.
HCS on behalf of HICHA~. SCHEIBt ESQUIRE intends to serve a subpoena
identical to the one that is attached to this notice. You have t~nty (20)
days from the date listed belo~ in ~hich to file of record and serve upon the
undersigned an objection to the subpoena. If the t~nty day notice period is
waived or if no objection is made, then the subpoena may be served. Complete
copies of any reproduced records may be ordered at your expense by completing
the attached counsel card and returning same to HCS or by contacting our local
MCS office.
DA~E: 01;30~2002
CC: HICHAEL SCHEIB, ESQUIRE
- 106467-23
MOS on behalf of
HICHA~T. SCHEIB, ESqUIRE
Attorney for DEFENDANT
Any questions regarding this matter, contact
'rHK HCS GROUP INC.
1601HARKET STREET
t800
PHTI-A2)ELPHIA, PA 19103
(215) 246-0900
DE02-176910 70562--C. 01
COMMON'WEALTH OF PE~$Y'LVANIA
CO UNTY O F CUMB ER L.~N'D_
CATHERINE & RICHARD SMITH
VS
JOSEPH REINHARDT,III
Fite No.
01-2682
TO:
,SUBPOENA TO PRODUCE DOCLrM~.--N-TS OR TI'-iING:;
FOR DISCOVERY PURSUA.\"I' TO RULE 4009 '~
CUSTODIAN OF RECORDS FOR: WILLIAM J. POLACHECK, JR., M.D.
at MCS GROUP INC., 1601 MARKET S.T, #800, PHILA.,PA 1~103
Yc~u may deLh.-e: or m~l feeble ~o~i~ of the d~men~ or ~duce t~ ~ed ~v t~s su~n~ ~g~er wi~h the
~eni~a~e ~ ~om~li~c~. to ~he p~ m~ng ~his r~u~r a~ ~he ad~ ~ a~e. ~ou ~ve t~e ri~ :o se~ in
advice. ~e ~mona~ie cost of ~rep~n~ the co,iff or pro~ucin~ the ~n~
If vo~ f~l ~ =:d~ce the d~ments or t~n~ re~ire~ bv :~s s~b~
se~'in~ :~2s s~ena may silk a c~ ord~ eompetlin~ you to eo~ply ~ ~ ' ·
'I'd!S $L370 ENA WAS l ~$U :'1'J AT'i-dE F, ~ ~ L'~"T C 7 T%-E ~DLL ?' v'EN'G PERSON:
NA.M~ MICHAEL SCHEIB, ESQ.
ADDR~_~: 110 S. NORTHERN WAY
YORK, PA 17402
T~FMON~ 215-246-0900
DEFENDANT
Sez~ of the Comrt,
719,-)
EXPLANATION OF REQUIRED RECORDS
TO: CUSTODIAN OF RECORDS FOR:
WIIJ.IAM J. POLACHECK, JR.,M.D.
99 NOVEMBER DRIVE
CAMP HII.I.~ PA 17011
RE: 70562
CATHERINE SMITH
Any and all records, correspondence, files and memorandumx, handwritten
notes, billing and payment records, relating to any examination,
consultation, care or treatment.
Dates Requested: up to and inch~in~ the present.
Subject: CATHE~ SMITH
2615 GRANDVIEW DRIVE, YORK HAVEN, PA 17370
Social Security/A 182-46.3905
Date of Birth: 11-02-1952
SU10-352818 7 0 5 6 2 -- L 0 6
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:ZEROS aIVS &O S~D~'lf EH1 '3q~V'dONOH 2HZ 0~
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:
:
sTgT~u~Id
:
Catherine Smith and Richard
Smith
vs.
Joseph Reinhardt, III
~IO. 01-2682 Civil Term
NOTICE OF APPF~
AW~3D OF BO~,RD CF ~_RB~_-TR~..TORS
TO ~ PR ~CTEONCT~R¥:
Notice is given that Plai~iiffs --- -
tD~ award of tD~ board of' arbitrators entered in this case on
June 13, 2002
A Jury tri~.~ is de~uded /~ (Cheekk box if a J~y trial is
dem-r~ded. OtD~x-~ise Ju~-y trial is ,.,~ived. )
I hereby certify that
(!) tP~ compensation of tD~ arbitrators bras been paid, or
( 2 )
~~. (Strike out tb~ Lnapplicab!e c~use.)
~avi~.h. Lutz..~sc.
..~XX~X~ A~OZ?.ey fO-~ Appel!a~t
NCTE: The. demand for Jury trial on appeal
from compulsorY o,ar, bitra~ion is gc~rned
by .Rule 1007~I (o).
(b) No affidavit or ,~erifica~ion is ~e_cuired.
cc Michael Scheib, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CATHERINE SMITH AND
RICHARD SMITH
Plaintiffs,
VS,
JOSEPH REINHARDT, III,
Defendant
Civil Action - Law
No. 01-2682
JURY TRIAL DEMANDED
PRAECIPE
TO: PROTHONOTARY
Please mark this matter settled, discontinued and ended with prejudice.
BY:
David L. Lutz, Esq.
ANGINO & ROVNER, P.C.
Attorney I.D. No. :~ ~-~ ~-~
4503 North Front Street
Harrisburg, PA 17110