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Home My WebLink About02-1896JOAN GWIRTZ, Plaimiff, V. MICHAEL SHAFFER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oa. -- 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 242549. I WIEKWIMM JOAN GWIRTZ, Plaintiff, V. MICHAEL SHAFFER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NO~C~ Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al parfir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escfita o en persona o pot 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 defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 242549.1 ~IEK~VIM JOAN GWIRTZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW V. Defendant. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Joan Gwirtz is a citizen of the Commonwealth of Pennsylvania who resides at P.O. Box 1403, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Michael Shaffer is an adult individual who is a citizen of the Commonwealth of Pennsylvania and who resides at 505 Benyou Lane, New Cumberland, Cumberland County Pennsylvania 17070. 3. The facts and occurrences hereinafter related took place on or about June 3rd, 2000, at approximately 11:15 p.m. on Route 83 southbound, Lower Allen Township, Cumberland County, Pennsylvania. 4. Immediately prior to the subject accident, Plaintiff Joan Gwirtz was traveling as a fight front seat passenger in a 1995 Chevrolet Lumina operated by Kenneth Teters, traveling southbound on Route 83 in the fight hand lane. 5. Route 83 in the area of the accident is a four-lane interstate highway with two northbound and two southbound lanes separated by a center concrete median and a posted speed limit of 55 miles per hour. 242549.1WIEKhMMM 6. The car which Plaintiff Joan Gwirtz was riding was travelling in the fight southbound lane in a safe and appropriate manner at or below the posted speed limit. 7. At that time and place, Defendant Michael Shaffer was operating a 1995 Jeep Cherokee and traveling southbound on Route 83 and approached the Teter vehicle from behind at an extremely high rote of speed. 8. Defendant Shaffer violently slammed into the rear-end of Kenneth Teters' vehicle, pushing Mr. Teters' vehicle off the highway and forcing it to collide with the guardrail and t hen spinning and travelling backward before coming to a rest approximately 200 feet further down the highway. 9. As a result of the collision, Plaintiff Joan Gwirtz was thrown about the vehicle even though she was wearing a seat belt causing her head to slam into the forward windshield. 10. Immediately following the collision, Defendant Michael Shaffer fled the accident scene. 11. Shortly after the police arrived, a search was made for Defendant Schafer but he was unable to be located. 12. As a result of the accident and admissions made by Defendant Shaffer, he was charged with following too closely, reckless driving, fleeing from the scene of the collision and failing to render aid, and aggravated assault by vehicle while driving under the influence of alcohol. 13. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Joan Gwirtz are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Michael Shaffer operated his automobile as follows: 242549.1WIEK'~LC2 (a) failure to travel at a safe and appropriate speed and travelling at a speed greatly in excess oftbe post speed limit of 55 miles per hour; (b) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (c) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the roadway; (d) following too closely behind other vehicles on the roadway; (e) driving his vehicle while intoxicated and drank and in violation of the Pennsylvania Motor Vehicle Code; (f) failure to apply brakes in time so as to avoid striking the vehicle; (g) failure to drive vehicle with due regard for the highway and traffic conditions which were existing and of which he should have been aware; (h) failure to keep proper and adequate control over his vehicle; (i) driving his vehicle in a reckless manner and in excess of the posted speed limit and without proper control in violation of the Pennsylvania Motor Vehicle Code; and (i) driving his vehicle upon the roadway 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 Joan Gwirtz v. Michael Shaffer 14. Paragraphs 1 through l0 of this Complaint are incorporated herein by reference. 15. As a result of the aforementioned collision, Plaintiff Joan Gwirtz sustained severe and painful injuries, which include, but are not limited to, multiple facial contusions, a concussion, fractured rib, cervical spasms, chest contusions, cervical and lumbar strain/sprain, injuries to her left 242549.1hMEK~LC2 knee and ankle, right comeal abrasion, nerve damage to the left foot and calf as well as pain in the upper right abdominal quadrant, TMJ, and post traumatic conditions, including, post-traumatic symptoms such as migraine headaches, vomiting and nausea, sleep disruption, chest pains and high blood pressure. 16. As a result of the aforementioned injuries and resulting pain, Plaintiff was forced to incur liability for medical treatment, medications, physical therapy, and similar miscellaneous expenses. 17. Because of the nature of her injuries and resulting pain, Plaintiff Joan Gwirtz has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Joan Gwirtz has undergone and in the future will undergo physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 19. As a result of her facial injuries, Plaintiff Joan Gwirtz has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 20. As a result of her injuries, Plaintiff Joan Gwirtz has sustained work loss, loss of oppommity and a permanent diminution of her eaming power and capacity, and claim is made therefor. 21. Plaintiff Joan Gwirtz 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. 242549.1~1EK~C2 WHEREFORE, Plaintiff Joan Gwirtz demands judgment against Defendant Michael Shaffer in an amount in excess of Twenty-Five Thousand Dollars ($25,000), exclusive of interest and costs for punitive damages and in excess of any jurisdictional amount requiring compulsory arbitration, including punitive damages. CLAIM H - PUNITIVE DAMAGES Joan Gwirtz v. Michael Shaffer 22. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 23. Before the subject motor vehicle accident, Defendant Michael Shaffer consumed alcoholic beverages, or other drags, which caused him to become intoxicated. 24. Defendant Michael Shaffer while impaired and under the influence of drags and/or alcohol drove his vehicle at an excessive rate of speed, well in excess of the posted speed limit. 25. After consuming alcoholic beverages, or other drugs, Defendant Michael Shaffer knew or should have known that he was severely intoxicated and unable to safely operate a motor vehicle. 26. Defendant Michael Shaffer knew or should have known that his operation of a motor vehicle while intoxicated constituted outrageous conduct and a reckless indifference to the rights of others on the highway. 27. Defendant Michael Shaffer fled the scene of the accident without rendering assistance or providing required information. 28. Defendant Michael Shaffer knew or should have known that operating a motor vehicle while intoxicated created a high degree of risk to injury to other persons on the highway. 242549.1'uMEK~LC2 29. Defendant Michael Shaffer's direct collision with the rear-end of the motor vehicle in which plaintiff Joan Gwirtz was a passenger displayed willful, negligent and reckless indifference towards the fights of others on the highway. 30. Defendant Michael Shaffer's conduct constitutes wanton and willful negligence, is outrageous and entitles Plaintiff Joan Gwirtz to an award of punitive d_amages. WHEREFORE, Plaintiff Joan Gwirtz demands judgment against Defendant Michael ShatTer in an amount in excess of Twenty-Five Thousand Dollars ($25,000), exclusive of interest and costs for ptmitive damage and in excess of any jurisdictional amount requiring compulsory arbitration, including punitive damages. Dated: 4/17/02 I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff 242549.1WIEK~LC2 VERIFICATION I, JOAN GWIRTZ, do hereby swear and affirm that the facts set forth in the foregoing COMPLAINT are tree and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to m~thorities. WITNESS: Dated: q//?I~ ~ GWIRTZ~' ~ JOAN GWIRTZ, Plaintiff We MICHAEL SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1896 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PI~EC~PE FOR ~pPE~%NCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Michael Shaffer in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: May 24, 2002 SHERIFF'S RETURN CASE NO: 2002-01896 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GWIRTZ JOA/~ VS SHAFFER MICHAEL - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SHAFFER MICHAEL but was unable to locate Him in his bailiwick. deputized the sheriff of YORK County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On May 28th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 46.28 .00 83.28 05/28/2002 ANGINO & ROVNER R.' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of~_, ! A.D. / ~ Prothonot~r~ ' COUNTY OF YORK OFFICE OF THE SHERIFF S..VlCECALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLF. ASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIgS 1. PLAINTIFF/S/ 2' (~U ~T~J~B ~l~lvi]' Joan ~wirtz 4. TYPE OF WRIT OR COMPLAINT Notice & Cuh~laint 3. DEFENDANT/S/ Michael Shaffer SERVE /' 5, NAME~FIND~ID~AL~C~MPAN~RP~RA~N~ET~ER~E~RDE~CR~P~N~FPR~PERTY~BELE~ED~Al~-A~ED~R~LD~ Michael Shaffer 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, ~ NO., CIT~, BoRe, TWR, STATE AND ZIP CODE) AT 505 Benyou f.a~e Ne~ C'tmnberland, PA 17070 7. INDICATE SERVICE: Q PERSONAL Q PERSON IN CHARGE Q DEPUTIZE ~J C~R~T ~ivla~l~ A [~ 1ST CLASS MAIL Q POSTED El OTHER NOW April 30 ,20 02 _ I, SHERIFF O"~"'~'f~I~'~O'UNTY, P_A, d.~hereby deputiz~ t~.e sheriff of York -- COUNTY tO execute this...~J~'¢~~o~ding to law. This deputization being made at the request and risk of the plaintiff. I SHERIFF OF ~ COUNTY 8. SPECIal INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CL[mDerJ_and OUT Of COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: NmB. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof, 9. TYpE NAMEandADDRESSofATrORNEY/ORIGINATORandSiGNATURE 10. TELEPHONE NUMBER 11. DATEFILED MICHAEL E. KOSIK 4503 N. FRONST ST. HARRISBURG, PA 17110-1799 238-6791 4-18-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed), CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF-- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of thewrit 14. DATE RECEIVED 1~ .E{~ra..~n~Hearing Date orcomplaintasindicatedabove, /,~ AHRENS ./ 5-2-02 - - 16. HOWSERVED: PERSONAL(~,~ RESIDENCE(~ POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS BELOW 17. [~ I hereby ceffJfy un, ia'et u.g~r~l NOT F~ U N~,~-~a~J~ ~ a~a~e to locate the individual, company, etc. name above. (See remarks below.) 1.8. NAMEA~j~__~FII~VID~.~RV~i~T~SSHEREIFNOTSHOWNABOVE(ReaonshiptoDefendant) 19. D~ofSffJvi~ 20.~me~ofService /'//Z//my //v - PC,,'// ~ ~.r~st-~..~l~.~j~.~1~i:) DaCl'~mel.~_. Iht Date ~me Miles ,nt. Date ~me Miles Int. IData 33me I~iles /Int. IDatel~llme Miles I~t I F'~O I I / 22. REMARKS: ' /~,~ ' 23. Advance COSTS 24'ISei%'iceC°StSs'00 25. N/F 26. Mileage 75.00 26.28 34. Foreign County Costa 135. Adva,ce costs I 3e. Se~ic~ Co,t~ 42. day of 21 City of York, yr.)r~ County, PA My Cornmis~ion Expires Mar. 21, 2005 29. Pound 31, Surchg. 132. Tot. Costs 28. Sub Total 30. Notary 44.28 2.00 46.28 37. Notary Ced. 38. Mileage/Posted/Not Found [ 39. Total Costs 48. Signatur( County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE Hose PINK - AJlomey 3. CANARY - Sheriffs Office 4. BLUE - Shedffs Office 40. Costs Due or Refund 4~' I~TE I ' 5-2] -N2 4g. BATE 51. DATE RECEIVED JOAN GWIRTZ, Plaintiff Vo MICHAEL SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1896 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Joan Gwirtz; and Michael E. Kosik, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER Richard H. wix, Esq., I.D. $07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 6/10/2002 JOAN GWIRTZ, Plaintiff MICHAEL SHAFFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1896 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFEND~t~T'S ~.NSWER WITH NEW 14~TTER TO p~XNTZFF'S COMPLAINT AND NOW comes the Defendant, Michael Shaffer, by his attorneys, Wix, Wenger & weidner and sets forth the following Answer with New Matter to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted with the exception that it is denied that the Defendant was travelling "at an extremely high rate of speed". 8. Denied as stated, however, it is admitted that Defendant's vehicle came into contact with the vehicle in which Plaintiff was a passenger. 9. Denied. 10. Admitted. 11. Admitted. 12. Denied as stated, although it is admitted that various charges were made against the Defendant. 13. Defendant admits that he was negligent in causing the accident. The averments as to injuries and damages are denied and proof thereof is demanded at the time of trial. 14. Defendant incorporates herein by reference his answers to paragraphs 1 through 10 of Plaintiff's Complaint. 15. Denied. 16. Denied. 17. Denied. 18. Denied. 19. Denied. 20. Denied. 21. Denied. 22. Defendant incorporates herein by reference his answers to paragraphs 1 through 18 of Plaintiff's Complaint. 23. It is admitted that Defendant consumed alcoholic beverages before the accident, it is not admitted that he became intoxicated. 24. Denied. 25. Denied. 26. Denied. 27. Admitted. 28. 29. 30. 31. provisions Responsibility Law. WHEREFORE, Defendant Plaintiff. Denied. Denied. Denied. NEW MATTER Plaintiff's claims are barred in whole or in part by the of the Pennsylvania Motor Vehicle Financial demands judgment against the Respectfully submitted, WIX, WENGER & WEIDNER Dated: Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Michael Shaffer, have read the foregoing Defendant,s Answer with New Matter to Plaintiff,s Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: Michael Shaffer CERTIFiCaTE OF SERV~C~ AND NOW, this 10th day of June, 2002, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiff's Complaint date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 JOAN GWIRTZ, Plaintiff, V. MICHAEL SHAFFER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1896 CIVIL TERM JURY TRIAL DEMANDED 5. with the deposition of the Plaintiff being held on December 20., 2002. take the Defendant's deposition as liability has been admitted. PLAINTIFF'S MOTION FOR A STATUS CONFERENCE AND NOW, comes Joan Gwirtz, by and through her attorneys Angino & Rovner, P.C. and hereby requests Your Honorable Court to schedule a status cont~rence in the above-captioned case for the following reasons: 1. Plaintiff Joan Gwirtz is a citizen of the Commonwealth of Pennsylvania who resides in Mechanicsburg, Cumberland County, Pennsylvania. 2. The facts and occurrences hereinafter related took place on or about June 3rd, 2000, at approximately 11:15 p.m. when the car in which Plaintiff Joan Gwirtz was riding was hit from behind at an extremely high rate of speed. 3. The Defendant fled the accident scene and was subsequently charged with following too closely, reckless driving, fleeing from the scene of the collision, failing to render aid, and aggravated assault by vehicle while driving under the influence of alcohol. Defendant, through his counsel, has conceded liability for the accident. The normal course of discovery followed with the exchange of written discovery and Plaintiff does not intend to 216588.1WIEKWIMM 6. After Plaintiff's deposition, defense counsel indicated he may want to have Plaintiff attend an independent medical examination. 7. On March 6, Plaintiff's counsel wrote to defense counsel inquiring whether he wished additional discovery or whether the case could be listed for trial or mediation. (March 6, 2003 letter attached as Exhibit A.) 8. Plaintiff's counsel followed up his letter with a telephone call to defense counsel. 9. To date more than three months have passed since the deposition. 10. PlaintiWs counsel advised Defendant's counsel by letter dated April 15, 2003 of his intention to file a request for a status conference. (April 15, 2003. letter attached as Exhibit B.) 11. Plaintiff's counsel believes that a status conference would serve the purpose of allowing discovery to be completed in a timely fashion while allowing the: case to be listed for trial before the end of the year. 12. A status conference may also be helpful in determining whether a mediation may be useful, either through a mutually agreed upon mediator or a court appointed mediator to facilitate settlement discussions. WHEREFORE, Plaintiff requests Your Honorable Court to schedule a status conference. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 259208.1 ~IEK~MMM ANGINO RC ]NER, P.C. 4503 NORTH FROI~ STRUT HARRISBURG, PA 17110-1708 717/238-6791 FAX717/23&5610 WWW. AI'4GINO-ROVNER. C~OM 'F_a-MAILa MKOSIK~A_,"qGgtqO-ROVlqE1LC'OM M1CHAEL E. KOSn( RICHARD A. SADI.OCK Josmm M. DOR~ Jta~s DSCIlq'n Jotaq L ~ Lis~ M. Bl~rzlz March 6, 2:003 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Gwirtz v. Shaffer Dear Dick: I am writing to see if we can determine the status of the above-referenced case and whether settlement discussions, mediation, or getting the case ready for trial is the next step. I reviewed your responses to our Request for Production of Documents, and it appears that your insured has $100,000 in coverage. I am assuming that since it has not been tendered that State Farm does not want to pay my client $100,000, although my client believes that her claim is certainly worth that much and more given the extent of the problems that she has had since the motor vehicle accident. Although I do not believe I have previously provided a formal demand, I wrote to Jackie Ravenal last year about this time and requested a tender of the policy limits if they were $50,000 or less. I would appreciate if you would review your file to see if there is any additional discovery, such as an independent medical examination, that State Farm would require. I would also appreciate if you would advise me if they have any interest in seeking either binding or non- binding mediation before we schedule the doctors' depositions. If you want me to seriously talk to my client about something in excess of $50,000 yet less than $100,000, I would also be willing to do so if State Farm would be serious about settlement in that range. I look forward to hearing l~om you concerning this matter. .×f/j~,~ /~~OurS, x,M~el E. Kosik ANGINO & R( 7NER, P.C. 4503 NORTH FRONT STRI~Irr HARRISBORG, PA 17110-1708 717/238.6791 FAX 717/238-5610 WWW.AI~GIIqO-ROVNEILCOM F. rMAIIa MKOSIKI~ANGR~IO-ROVI~IL COM RICHARD C. ANOINO N~L]. ROVI~R ]OSm, H M. I~L~L~O T~U{¥ S. H~,N DAVID L LLrrz ]~tI(~IAI~L F~. KOSlK RICHARD A. SADLOCK IAMBS JoAN L ~ L~SA M. April 15, 2003 Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 RE: Gwirtz v. Shaffer Dear Dick: Enclosed please find records and bills we recently received from Herd Chiropractic where Mrs. Gwirtz has been receiving treatment. I attempted to reach you on April 10 to see whether you were intending to go ahead with an independent medical examination or if there is any additional discovery you need to do. Since this ease is not moving along, and I have been receiving pressure from Herd Chiropractic, the physical therapist, as well as my client, it was my intention to file a Motion for a Status Conference in Cumberland County so that we can hopefully get some deadlines so the case can be listed for trial. I look forward to hearing from you before I file the status conference request so that we can discuss the case. !~ el'y~i s, · Kosik Enclosures CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., hereby certify that a tree and correct copy of the foregoing PLAINTIFF'S MOTION FOR A STATUS CONFERENCE was served via United States first-class mail, postage prepaid, addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Dated: 4/25/03 Michelle M. Milojevich 259208.1 ~MEK~IMM APR 2 9 ~003 ¢ JOAN GWIRTZ, Plaintiff, V. MICHAEL SHAFFER, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1896 CIVIL TERM JURY TRIAL DEMANDED ORDER AND NOW, this ~~ day of ,/~,/~ ~1~ , 2003, upon consideration of PlaintiWs Motion for a Status Conference, IT IS HEREBY ORDERED AND DECREED that a Status Conference is scheduled for ~ , ~ 2003 at j; ~ gl o'clock t/m in Courtroom 5~ of the Cumberland County Courthouse. 259208.1 ~MEKXMMM JOAN GWIRTZ, Plaintiff Vo MICHAEL SHAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1896 CIVIL TERM JURY TRIAL DEMANED ORDER OF COURT AND NOW, this 19th day of May, 2003, after a status conference attended by Michael Kosik, Esquire, for Plaintiff, and Richard Wix, Esquire, for Defendant, it is hereby ordered and directed as follows: 1. The parties are deemed attached for the November Civil Term, commencing the week of November 3, 2003, if either party lists this case for trial for said term. 2. All discovery depositions shall be complete by September 1, 2003. 3. Any independent medical examinations requested by the Defendant must be scheduled and performed before September 1, 2003. 3. All expert reports, including medical experts, shall be filed by September 15, 2003. Any rebuttal reports must be filed by October 1, 2003. Michael E. Kosik, Esquire For Plaintiff Richard H. Wix, Esquire For Defendant srs JOAN GWIRTZ, Plaintiff MICHAEL SHAFFER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1896 CIVIL TERM JURY TRIAL, DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENAS PURSUANT TO RULE 4009.21 As a prerequisite to service o£a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffcertifies that: (1) Plaintiff's counsel contacted defense counsel by phone, and he waived the 20-day waiting period for the attached subpoena. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff P.E. Dated: 8/29/03 JOAN GWIRTZ versus MICHAEL SHAFFER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff : : No. 02-1896 CIVIL TERM Defendant : TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Commissioner Pennsylvania State Police 1800 Elmerton Avenue Harrisburg, PA 17110-9758 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: intoxication report on file relative to incident #H1-1131948 at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110. You may deliver or mail legible copies of the documents or produce firings requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days atter service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael E. Kosik, Esquire Address: 4503 North Front Street Harrisburg, PA 17110 Telephone: (717) 238-6791 Supreme Court ID #: 36513 Attorney for: Plaintiff BY TI-[E COURT: Date: ~ Seal of the'Court Pr{~thonotary/Clerk, Civil Division D ep~ut~' ' PRAECIPE FOR LISTiNG CASE FOR TRIAl, (Must be typewritten and submitted i~t duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (x) for JURY trial at the next term of civil court ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) Assumpsit ( ) Trespass (X) Trespass (Motor Vehicle) ( ) Other JOAN GWIRTZ Plaintiff MICHAEL SHAFFER Defendant The trial list will be called on October 7, 2003. Trials commence on November 3, 2003. Pre-trials will beheld on October 15, 2003 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1 .) No.02-T~l~5 CMl Action Law Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, Esquire, Angino & Rovner, P.C. 4503 N. Front St., Hbg., PA 17110 (717) 238-6791 Indicate trial counsel for other parties if known: Richard H. Wix, Esquire, Wix, Wenger & Weidner, 4705~ This case is ready for trial. Sign Date: a~isburg, PA 17109 Print Name: Michael E. Kosik Attorney for Plaintiff(s) JOAN GWIRTZ, Plaintiff MICHAEL SHAFFER, Defendant IN RE: A pretrial %13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1896 CIVIL TERM JURY TRIAL DEMANDED PRETRIAL CON~ ER ...... conference was held Wedne October 15, 2003, Present for the Plaintiff was Michael E. Kosik, Esquire, present for the Defendant was Richard H.. Wix, Esquire. This is a rear-end collision before the Honorable Edward E. Guid'~ J~ge~ in which the Defendant was convicted of drunk driving. Liability does not appear to be an issue with regard to compensatory damages. However, punitive damages are contested. The parties estimate this case will take two to three days for trial. There are no complicated legal issues. The parties are directed to exchange exhibits by October 22, 2003. The parties are furtlher directed that any motions in limine, including objections to the admissibility of exhibits, other than to relevancy, shall be filed by Monday, October 27, 2003. Any responses must be filed by Friday, October 31, 2003. Settlement negotiations are ongoing. Edward E. Guido, J. Michael E. Kosik, Esquire Attorney for Plaintiff Richard H. Wix, Esquire Attorney for Defendant Prothonotary Court Administrator srs JOAN GWIRTZ, Plaintiff MICHAEL SHAFFER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1896 CIVIL TERM JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued, and issue a Certificate of Settlement. ER, P.C. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Dated: 268026.1 ~IEKLMMM