HomeMy WebLinkAbout02-1977
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER
Defendants
CIVIL ACTION -
NO. f 777
JURY TRIAL DEMAZ
NOTICE TO DEFEND AND CLAIM RIGHTS
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 ou and a
judgment may be entered against you by the court withou further
notice for any money claimed in the Complaint or for an other
claim or relief requested by the Defendant. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEL]
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE'
HELP.
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
(717) 249 3166
IF YOU
LEGAL
POST & SCHELL, P.C.
BY: THOMAS M. WITOWSKI
I.D. #: 83647
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
717-291-4532
CYNTHIA D. EVANS, RANDY E. EVANS,
her husband,
Plaintiffs,
V.
CHRISTINE M. DOLAN, and ROBERT B.
MILLER,
Defendants
ATTORNEYS FOR DEFENDANT
CHRISTINE M. DOLAN
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO: 02-1977
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: All Parties
You are hereby notified to plead to the within New Matter and Cross-Claim
within twenty (20) days of service thereof or a default may be entered against you.
Respectfully submitted,
POST & SCHELL, P.C.
BY: C 2??
THOMAS M. WITOWSKI, ESQUIRE
Attorneys for Defendant
Attorney I.D. No. 83647
DATE: DZ
POST & SCHELL, P.C.
BY: THOMAS M. WITOWSKI
I.D. #: 83647
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
717-291-4532
EVANS, her husband,
Plaintiffs,
V.
E.
CHRISTINE M. DOLAN and ROBERT B.
MILLER,
Defendants.
ATTORNEYS FOR DEFENDANT
CHRISTINE M. DOLAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO: 02-1977
JURY TRIAL DEMANDED
ANSWER, NEW MATTER AND CROSS-CLAIM
OF DEFENDANT CHRISTINE M. DOLAN
1. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments of this
paragraph and, if relevant, strict proof thereof is demanded.
2. Admitted.
3. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments of thi:
paragraph and, if relevant, strict proof thereof is demanded.
4. It is admitted that there were impacts among the parties' vehicles at the alleg&
time and place.
5-7, inclusive. Admitted, upon information and belief.
8. It is admitted only that there were impacts among the vehicles described in thi:
paragraph.
Count I
9. Answering Defendant incorporates by reference Paragraphs 1 through 8 of this
Answer with the same force and effect as though set forth at length.
10. Denied. All allegations of negligence against Answering Defendant are
specifically denied in accordance with Pa.R.C.P. 1029(e).
11. To the extent the averments of this paragraph are not conclusions of law, same are
denied. After reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of this paragraph and,
relevant, 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 of the averments of this
paragraph and, if relevant, strict proof thereof is demanded.
13-17, inclusive. Denied. After reasonable investigation, Answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of the averments of
this paragraph and, if relevant, strict proof thereof is demanded.
WHEREFORE, Answering Defendant demands judgment in her favor and against
Plaintiffs, together with such other relief as the court deems just and appropriate.
Count II
18. Answering Defendant incorporates by reference Paragraphs 1 through 17 of this
Answer with the same force and effect as though set forth at length.
19-26, inclusive. The averments of these paragraphs are directed at a party other than
Answering Defendant and, as such, no response is required.
-2-
Wherefore, Answering Defendant demands judgment in her favor and against Plaintiffs,
together with such other relief as this Honorable Court deems just and appropriate.
Count III
27. Answering Defendant incorporates by reference Paragraphs 1 through 26 of this
Answer with the same force and effect as though set forth at length.
28. Denied. After reasonable investigation, Answering Defendant is without
I knowledge or information sufficient to form a belief as to the truth of the averments of this
I paragraph and, if relevant, strict proof thereof is demanded.
Wherefore, Answering Defendant demands judgment in her favor and against Plaintiffs,
together with such other relief as this Honorable Court deems just and appropriate.
NEW MATTER
29. Plaintiff's claims are barred and/or limited to the extent it is established the
Plaintiff has failed to mitigate her own damages.
30. Plaintiff's claims for past medical expenses are limited to the amount received in
satisfaction of the services rendered in connection with those expenses, not the fair and
reasonable value of the services provided.
31. Plaintiff's claims are barred by the Doctrines of Release, Set off and/or Accord
and Satisfaction to the extent it is established that Plaintiff has entered into any releases or
settlements related to this matter, or to the extent that she has received compensation and/or
benefits as a result of the injuries and damages, as alleged.
32. Answering Defendants expressly reserve and preserve those affirmative defenses
which need not be pled under the Pennsylvania Rules of Civil Procedure, including the defense
-3-
of comparative negligence, assumption of the risk and/or failure to state of cause of action upon
which relief may be granted.
33. Plaintiff's claims may be subject to the Doctrines of Superseding and Intervening
Causes.
34. Plaintiff's claims are barred to the extent it is established that Plaintiff has failed
to timely commence this litigation within the applicable statute of limitations and/or properly
serve Answering Defendant within the applicable statute of limitations.
35. Plaintiffs' claims are subject to and limited by the applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law. Plaintiff did not suffer a serious'
injury as defined by the Pennsylvania Motor Vehicle Financial Responsibility Law and
applicable case law such that Plaintiffs' claim for non-economic damages cannot be maintained.
CROSS-CLAIM PURSUANT TO PA. R.C.P. 2252(D)
ADDRESSED TO DEFENDANT ROBERT B. MILLER
36. Plaintiff's Complaint is for purposes of this cross-claim, only, incorporated herein
by reference as though same were set forth at length.
37. If Plaintiffs suffered the injuries and damages, as alleged in their Complaint, then,
for the reasons set forth in Plaintiffs' Complaint, Robert B. Miller is alone liable to Plaintiffs,
jointly and severally liable to Plaintiffs or liable over to Answering Defendant for contribution
and/or indemnity.
-4-
WHEREFORE, Answering Defendant demands judgment in her favor and against all
other parties. In the alternative, Answering Defendant demands that all Defendant Robert B.
Miller be held alone liable to Plaintiff, jointly and severally liable to Plaintiff or liable over to
Answering Defendant for contribution and/or indemnity.
Respectfully submitted:
POST & SCHELL, P.C.
BY:
THOMAS M. W TOWSKI, ESQUIRE
Attorney I.D. No. 83647
DATE: 7 , ? l" 02,
-5-
RE: Evans v. Dolan
VERIFICATION
I, Christine M. Dolan, verify that the statements made in the foregoing pleading are true
and correct to the best of my knowledge, information and belief. The undersigned understands
that the statements therein are made subject to the penalties of 18 Pa. C.S., Section 4909, relating
to unworn falsification to authorities.
CHRISTINE M. DOLAN
DATE: l l D
CERTIFICATE OF SERVICE
I, Thomas M. Witowski, Esquire, attorney for Defendant, Christine M. Dolan, hereby
state that the foregoing document was sent by first-class mail, postage prepaid on the date set
forth to the following:
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
Jeffrey Rettig, Esquire
126-128 Walnut Street
Harrisburg, PA 17101
POST & SCHELL, PC
THOMAS M. WITOWSKI, ESQUIRE
Attorney for Defendant Dolan
Dated: -7-11-02-
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NOTICIA
Le han demaandado a usted en la corte. Si usted quieie
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al pattir de
la fecha de la demanda y la notificacion. Usted debe ptesentar
una apariencia escrita o en persona o por abogado y arcbivar en
la corte enforma escrita sus defensas o sus objections 4 las
demandas en contra de su persona. Sea ayisado que si usted no
se defiende, la corte tomara medidas y puede entrar una'orden
contra usted sin previo aviso o notificacion y port cua]quier
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 UN ABOGADO INMEDIATAMENTE. SII NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGA''R TAL
SEVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
4th Court Administrator
F1., Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Date: -2Z vz
uregory R-.-'Reed, EsquJ7
Attorney for Plaintiffs
2423 North Third Street
Harrisburg, PA 17110
(717) 238-0434
Attorney I.D. #23705
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband
Plaintiffs
V.
CHRISTINE M. DOLAN and
ROBERT B. MILLER
Defendants
CIVIL ACTION - LAW
NO. 1
JURY TRIAL DEMANDED
COMPLAINT
COME NOW the Plaintiffs, CYNTHIA D. EVANS and RANDY E.
EVANS, her husband, by and through their attorney, Gregory R.
Reed, Esquire, and for their causes of action allege:
1. Plaintiffs, CYNTHIA D. EVANS and RANDY E. EVAN5, her
husband, are adult individuals residing at 122 Fieldstonle Drive,
Carlisle, Cumberland County, Pennsylvania 17013
2. Defendant, CHRISTINE M. DOLAN, (hereinafter sometimes
referred to as "Defendant Dolan") is an adult individual residing
at 6 Tanwood Court, Camp Hill, Cumberland County, Pennsylvania
17011.
3. Defendant, ROBERT B. MILLER, (hereinafter sometimes
referred to as "Defendant Miller") is an adult individual
residing at 815 Pennsylvania Avenue, Lemoyne, Cumberland'County,
Pennsylvania 17043.
4. The facts and occurrences hereinafter related took
place on or about June 25, 2001 at and near the intersection of
Market Street and North 9th Street, Lemoyne Borough, Cumberland
County, Pennsylvania.
5. At that time and place Plaintiff CYNTHIA D. EVANS was
the operator of a 1988 Plymouth Voyager which was traveling west
on Market Street toward the aforesaid intersection.
6. At that time and place Defendant Miller was the
operator of a 1998 Pontiac Grand Prix which was headed east on
Market Street and stopped or nearly stopped.
7. At that time and place Defendant Dolan was the operator
of a 1991 Chevrolet Lumina which was traveling east on Market
Street behind Defendant Miller's vehicle.
8. At that time and place the vehicle operated by
Defendant Dolan was caused or allowed to crash into thelvehicle
operated by Defendant Miller which caused or allowed the vehicle
operated by Defendant Miller to go into the westbound lane into
the vehicle operated by Plaintiff, CYNTHIA D. EVANS.
Count I
CYNTHIA D. EVANS v. CHRISTINE M. DOLAN
9. Paragraphs 1 through 8 inclusive of this Complaint are
incorporated herein by reference as though fully set forth
herein.
10. The aforesaid collision and all the hereinafter
mentioned injuries and damages sustained by Plaintiff CYNTHIA D.
EVANS are the direct result, in whole or in part, of the
negligence, carelessness and recklessness of Defendant D lan as
follows:
(a) In failing to keep alert and maintain a roper
lookout for the presence of other motor ehicles
on the highway;
(b) In failing to keep proper and adequate control
of her vehicle;
(c) In failing to see a vehicle stopped on the
roadway;
(d) In failing to stop her vehicle from coll'ding into
the rear and/or side of Defendant Miller's
vehicle;
(e) In failing to exercise the degree of car
required at an intersection;
(f) In failing to yield the right of way;
(g) In failing to apply her brakes in time to
avoid striking Defendant Miller's vehicle; and
(h) In failing to take measures to avoid stri ing
Plaintiffs' vehicle.
11. As a result of the aforesaid collision Plainti f was
thrown and jostled about, thereby sustaining painful, permanent,
severe and disabling injuries and serious impairment of unction
including, but not to limited to, strain and sprain of s oulders,
neck and back and contusions to her chest.
12. Plaintiff CYNTHIA D. EVANS has been advised and
therefore avers that the aforesaid injuries are permanent in
nature, and claim is made therefore.
13. By reason of the aforesaid injuries sustained b
Plaintiff CYNTHIA D. EVANS, she is forced to incur the c sts of
medical treatment, medicine, physical therapy, and similar
miscellaneous expenses in and about an effort to restore herself
to health; and because of the nature of said injuries she is
advised, and therefore avers, that she will be forced to incur
similar expenses in the future, and claim is made therefore.
14. As a result of said injuries Plaintiff CYNTHIA',D. EVANS
has undergone and in the future will undergo great mental and
physical pain and suffering, great inconvenience in carrying out
her daily activities, loss of life's pleasures and enjoyment and
claim is made therefore.
15. As a result of the said injuries Plaintiff CYNTHIA D.
EVANS has been, and in the future will be, subject to great
humiliation and embarrassment, and claim is made therefore.
16. As a result of said injuries Plaintiff CYNTHIA P. EVANS
has sustained a loss of earnings and claim is made therefore.
17. As a result of said injuries Plaintiff CYNTHIA P. EVANS
has sustained a permanent impairment of earning power and earning
capacity, and claim is made therefore.
WHEREFORE, Plaintiff, CYNTHIA D. EVANS, demands judgment
against the Defendant, CHRISTINE M. DOLAN, in an amount in excess
of the jurisdictional amount requiring compulsory arbitration in
Cumberland County, Pennsylvania.
Count II
CYNTHIA D. EVANS v. ROBERT B. MILLER
18. Paragraphs 1 through 8 inclusive of this Complaint are
incorporated herein by reference as though fully set forth
herein.
19. The aforesaid collision and all the hereinafter
mentioned injuries and damages sustained by Plaintiff C6THIA D.
EVANS are the direct result, in whole or in part, of the
negligence, carelessness and recklessness of Defendant miller as
follows:
(a) In failing to keep alert and maintain a proper
lookout for the presence of other motor vehicles
on the highway;
(b) In failing to keep proper and adequate control
of his vehicle;
(c) In turning his front wheels to the left;'
(d) In failing to stop his vehicle from colliding into
Plaintiff's vehicle;
(e) In failing to exercise the degree of care'',
required at an intersection;
(f) In failing to yield the right of way;
(g) In failing to apply his brakes in time to',
avoid striking Plaintiff's vehicle; and
(h) In failing to take measures to avoid striking
Plaintiffs' vehicle.
20. As a result of the aforesaid collision Plaintiff was
thrown and jostled about, thereby sustaining painful, permanent,
severe and disabling injuries and serious impairment of unction
including, but not to limited to, strain and sprain of shoulders,
neck and back and contusions to her chest.
21. Plaintiff CYNTHIA D. EVANS has been advised and
therefore avers that the aforesaid injuries are permanent in
nature, and claim is made therefore.
22. By reason of the aforesaid injuries sustained by
Plaintiff CYNTHIA D. EVANS, she is forced to incur the costs of
medical treatment, medicine, physical therapy, and similar
miscellaneous expenses in and about an effort to restore herself
to health; and because of the nature of said injuries she is
advised, and therefore avers, that she will be forced to incur
similar expenses in the future, and claim is made therefore.
23. As a result of said injuries Plaintiff CYNTHIA',D. EVANS
has undergone and in the future will undergo great mental and
physical pain and suffering, great inconvenience in carrying out
her daily activities, loss of life's pleasures and enjoyment and
claim is made therefore.
24. As a result of the said injuries Plaintiff CYNTHIA D.
EVANS has been, and in the future will be, subject to groat
humiliation and embarrassment, and claim is made therefore.
25. As a result of said injuries Plaintiff CYNTHIA ?. EVANS
has sustained a loss of earnings and claim is made therefore.
26. As a result of said injuries Plaintiff CYNTHIA. EVANS
has sustained a permanent impairment of earning power and earning
capacity, and claim is made therefore.
WHEREFORE, Plaintiff, CYNTHIA D. EVANS, demands judgment
against the Defendant ROBERT B. MILLER, in an amount in e cess of
the jurisdictional amount requiring compulsory arbitration in
Cumberland County, Pennsylvania.
Count III - CONSORTIUM
E. Evans v. Christine M. Dolan anA Rnhe,-t n
27. Paragraphs 1 through 26 inclusive of this Complaint are
incorporated herein by reference as though fully set forth
herein.
28. As a result of the aforesaid injuries sustained by his
wife, CYNTHIA D. EVANS, resulting from the aforesaid negligence
of the Defendants, Plaintiff, RANDY E. EVANS, has been deprived
of the companionship, comfort, and society of his wife and has
been advised that he will be deprived of the same in the,future,
and claim is made therefore.
WHEREFORE, Plaintiff, RANDY E. EVANS, demands judgment
against the Defendants, CHRISTINE M. DOLAN and ROBERT B. ''MILLER,
in an amount in excess of the jurisdictional amount requiring
compulsory arbitration in Cumberland County, Pennsylvani4._,,-?
Date: 2
v4, yqury x. Reed, Esqui
Attorney for Plaintiff
2423 North Third Stree
Harrisburg, PA 17110
(717) 238-0434
Attorney I.D. No. 2370
VERIFICATION
This day of April, 2002, the foregoing Plaintiffs
hereby verify, subject to the penalties of 18 Pa.C.S. 4904
(relating to unsworn falsification to authorities), that the
facts set forth in the foregoing Complaint which are within
their knowledge are true, and as to the facts based on'
information received, after diligent inquiry, they believe them
to be true.
CYNTHIA D. EVANS
RANDY E VANS
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CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-1977 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of Hartman, Osborne & Rettig on behalf of Defendant,
Robert B. Miller, in the above-captioned matter.
Respectfully submitted,
HARTMAN, OSBORNE & RETTIG
By: 4ey
B. Rettig, Es e
Supreme Ct. I.D. #1 16
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: V Z Attorney for Defendant,
Robert B. Miller
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as follows:
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
Christine M. Dolan
6 Tanwood Court
Camp Hill, PA 17011
Dated: S ?D ?J Z-
HARTMAN, OSBORNE & RETTIG
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01977 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EVANS CYNTHIA A ET AL
VS
DOLAN CHRISTINE M ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DOLAN CHRISTINE M the
DEFENDANT , at 1420:00 HOURS, on the 26th day of April 2002
at 6 TANWOOD COURT
CAMP HILL. PA
by handing to
THOMAS J DOLAN, CHRISTINE'S FATHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this 17 66? day of
aA. D.
othonotary
So Answers:
R. Thomas Kline
05/02/2002
GREGORY R REED
By: Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01977 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EVANS CYNTHIA A ET AL
VS
DOLAN CHRISTINE M ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ROBERT
the
DEFENDANT , at 1502:00 HOURS, on the 26th day of April 2002
at 815 PENNSYLVANIA AVENUE
LEMOYNE, PA 17043 by handing to
WINNOH MILLER, WIFE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
27.04
Sworn and Subscribed to before
me this _/'7 t day of
c, a2 GO .Z.. A. D .
rothonotary
So Answers:
R. Thomas Kline
05/02/2002
GREGORY R REED
By:
?aJ?f
J
Deputy Sher ff
POST & SCHELL, P.C.
BY: THOMAS M. WITOWSKI
I.D. #: 83647
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
1717-291-4532
EVANS, her husband
Plaintiffs,
V.
CHRISTINE M. DOLAN and ROBERT B.
MILLER
Defendants.
ATTORNEYS FOR DEFENDANT
CHRISTINE M. DOLAN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 02-1977
7URY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Christine M. Dolan, in the above-
captioned matter.
POST & SCHELL, P.C.
BY. THOMAS WITOWSKI, ESQUIRE
Attorney for Defendant
Christine M. Dolan
aa,38?r?Fi?,?s.r.,,?a??, . ??+? _. ,_
CERTIFICATE OF SERVICE
I, Thomas M. Witowski, Esquire, attorney for Defendant, Christine M. Dolan, hereby
state that the foregoing document was sent by first-class mail, postage prepaid on the date set
forth to the following:
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
THOMAS M. WTTOWSKI, ESQUIRE
Dated: s - 2 47 ' OZ
-2-
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CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1977 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CYNTHIA EVANS, I
Additional Defendant
NOTICE TO DEFEND
TO: Cynthia D. Evans, Christine M. Dolan,
Additional Defendant and Defendant
c/o Gregory R. Reed, Esquire
Counsel for Plaintiffs
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-1977 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Cynthia D. Evans
Randy E. Evans, her husband
c/o Gregory R. Reed, Esquire
Counsel for Plaintiffs
You are hereby notified to file a written response to the enclosed Answer, New Matter,
Crossclaim and Counterclaim within twenty (20) days from service hereof or a judgment may be
entered against you.
Respectfully submitted,
HARTMA?1, OSBORNE
Dated: -
eme Ct. I.D. #196
1 TV16,11-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendant,
Robert B. Miller
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-1977 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER. NEW MATTER CROSSCLAIM AND COUNTERCL iM
OF DEFENDANT ROBERT B. MILLER
AND NOW, comes the Defendant, Robert B. Miller, by his attorneys, Hartman, Osborne
& Rettig, and answers Plaintiffs' Complaint as follows:
It is admitted that the Plaintiffs are who they say they are. As to the balance of
the allegations in this paragraph, after reasonable investigation, the answering Defendant is
without knowledge or information sufficient to form a belief as to the truth of these allegations
and proof thereof is demanded.
2. It is admitted that Defendant Christine M. Dolan is an adult individual. As to the
balance of the allegations in this paragraph, after reasonable investigation, the answering
Defendant is without knowledge or information sufficient to form a belief as to the truth of these
allegations and proof thereof is demanded.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied as stated. It is admitted that Defendant Dolan crashed into the rear of
Defendant Miller which propelled Defendant Miller's vehicle into the westbound lane and
impact thereafter occurred between the vehicle operated by Cynthia Evans and the vehicle
operated by Answering Defendant.
COUNTI
Cynthia D. Evans v. Christine M Dolan
9.47. These allegations are not addressed to answering Defendant and thus no reply is
required.
COUNT II
Cynthia D. Evans v. Robert B Miller
18. The answers to Paragraphs 1 through 8 above are incorporated herein by reference
hereto.
19. Denied. All allegations of negligence against Defendant Miller are denied
pursuant to Pa. R.C.P. 1029.
20.-26. Denied. After reasonable investigation, answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of these allegations and proof
thereof is demanded.
WHEREFORE, answering Defendant requests that Count II of Plaintiffs' Complaint be
dismissed without cost to him.
2
COUNT III
Consortium
27. The answers to Paragraphs 1 through 26 above are incorporated herein by
reference hereto.
28. Denied. It is denied that the answering Defendant was negligent. As to the
balance of the allegations of this paragraph, after reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the truth of these allegations
and proof thereof is demanded.
WHEREFORE, answering Defendant requests that Count III of Plaintiffs' Complaint be
dismissed without cost to him.
NEW MATTER ADDRESSED TO PLAINTIFFS
29. Plaintiffs' claims are governed by the Motor Vehicle Financial Responsibility
Act, the limitations of which are incorporated herein by reference thereto.
30. If Plaintiffs are subject to the limited tort option, then their claims for non-
economic damages are barred.
31. Plaintiffs have or may have failed to litigate their damages.
WHEREFORE, answering Defendant requests that Plaintiffs' Complaint be dismissed
without cost to him.
NEW MATTER IN THE NATURE OF A CROSSCLAIM
PURSUANT TO PA. R.C.P. 2252
Robert B. Miller v. Christine M Dolan
32. The allegations of Paragraphs 4, 5, 6 and 7 of Plaintiffs' Complaint are
incorporated herein by reference thereto.
33. As a result of the negligence of Defendant, Christine M. Dolan, her vehicle
collided into the rear of Defendant Miller's vehicle causing Miller's vehicle to be pushed into the
westbound lane of Market Street.
34. This accident was due to the negligence of Defendant Dolan which negligence
consisted of the following:
a. failing to be on the look out for vehicles stopped in the road ahead;
b. failing to see that the vehicle of Mr. Miller was stopped to make a left
hand turn;
C. failing to apply her brakes at a reasonable time in order to stop without
striking the rear of Miller's vehicle;
d. failing to operate her vehicle in violation of the assured clear distance
ahead doctrine;
e. failing to operate her vehicle at a speed that made it possible for her to
stop her vehicle within the distance she could see ahead; and
f. failing to prevent her vehicle from colliding into the rear of Defendant
Miller's vehicle.
4
35. As a result of the negligence of.the Defendant, Dolan, the vehicle of Mr. Miller
was damaged to the extent that it was declared a total loss.
36. The cost of the property damages sustained by Defendant Miller totals
$10,646.59.
37. In addition, Mr. Miller sustained personal injuries, including, but not limited to,
whiplash and strain and sprain of the shoulders and neck, for which claim is made.
38. In addition, Mr. Miller had to incur the cost of renting a replacement vehicle for
five or six weeks, for which claim is made.
WHEREFORE, answering Defendant demands judgment against Additional Defendant
Christine Dolan in an amount in excess of the amount requiring compulsory arbitration.
COUNTERCLAIM
Robert B. Miller v. Cynthia D. Evans
39. The allegations of Paragraphs 4, 5, 6 and 7 of Plaintiffs' Complaint are
incorporated herein by reference thereto.
40. After Mr. Miller's vehicle was pushed into the westbound lane of Market Street, it
came to a rest and was then struck by the vehicle operated by Plaintiff, Cynthia D. Evans.
41. This accident was due to the negligence of Cynthia D. Evans, which negligence
consisted of the following:
(a) failing to be on the look out for vehicles in the road ahead;
(b) failing to see Mr. Miller's vehicle in the westbound lane of Market Street;
(c) failing to apply her brakes in time to avoid hitting Mr. Miller's vehicle;
(d) failing to prevent her vehicle from colliding with Mr. Miller's vehicle.
5
42. As a result of this accident, Defendant., Robert Miller sustained damages as
alleged in Paragraphs 35, 36, 37 and 38 above, which paragraphs are incorporated herein by
reference thereto.
WHEREFORE, Defendant Robert Miller demands judgment against Plaintiff and
counter-claim Defendant, Cynthia Evans, in an amount in excess of the jurisdictional amount
requiring compulsory arbitration.
Respectfully submitted,
, OSBORNE &
ey B. Rettig, Esquir
reme Ct. I.D. #1961
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: 2 Attorney for Defendant,
Robert B. Miller
6
VERIFICATION
I, Robert B. Miller, hereby verify and state that the facts set forth in the foregoing
ANSWER, NEW MATTER, CROSSCLAIM AND COUNTERCLAIM OF DEFENDANT,
ROBERT B. MILLER, TO PLAJINTIFFS' COMPLAINT are true and correct to the best of
my information, knowledge and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to
authorities.
Dated: ag:? 'G • I V `ML---?
Robert B. Miller
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as follows:
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
(Attorney for Plaintiffs)
Christine M. Dolan
6 Tanwood Court
Camp Hill, PA 17011
Dated: 2
HARTMAN, OSBORNE & RETTIG
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POST & SCHELL, P.C.
BY: THOMAS M. WITOWSKI
I.D. #: 83647
1857 WILLIAM PENN WAY
P.O. BOX 10248
LANCASTER, PA 17605-0248
717-291-4532
EVANS, her husband,
Plaintiffs,
V.
ATTORNEYS FOR DEFENDANT
CHRISTINE M. DOLAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO: 02-1977
CHRISTINE M. DOLAN and ROBERT B.
MILLER,
Defendants.
JURY TRIAL DEMANDED
STIPULATION OF COUNSEL
It is hereby stipulated by and between counsel for Plaintiffs and counsel for Defendants that the
allegations of recklessness contained in Paragraphs 10 and 19 of Plaintiffs' Complaint are
stricken from the Complaint with prejudice.
DATE: G - Z9 _ a'L-
DATE: o6' 2`7 - oZ
BY:
Gregory R. Reed, Esquire
Attorney for Plaintiffs
BY: 7?-, k4?,&
Thomas Witowski
Attorney for Defendants
CERTIFICATE OF SERVICE
I, Thomas M. Witowski, Esquire, attorney for Defendant, Christine M. Dolan, hereby
state that the foregoing document was sent by first-class mail, postage prepaid on the date set
forth to the following:
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
Jeffrey Rettig, Esquire
126-128 Walnut Street
Harrisburg, PA 17101
Dated:
POST & SCHELL, PC 64-
THOMAS M. WITOWS , ESQUIRE
Attorney for Defendant Dolan
C ? O
'T713_ ? -'-
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> ^ rn
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOLAN & MILLER
Vs.
NO. 021977
EVANS
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 08/06/02
JEFFREY B RETTIG, ESQUIRE
126-128 WALNUT ST
HARRISBURG, PA 17101
717-232-5046
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-3590
By: Kimberly Petrahl
File #: M289063
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DOLAN & MILLER
Vs.
EVANS
TO: GREGORY REED
No. 021977
CHRISTINE DOLAN
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 07/16/02 JEFFREY B RETTIG, ESQUIRE
126-128 WALNUT ST
HARRISBURG, PA 17101
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-3590
By: Kimberly Petrahl
Enc(s): Copy of subpoena (s)
Counsel return card
File #: M289063
OR44X&JEALTH OF PENNSYLVANIA
COUWY OF a AW
DOLAN & MILLER 2002 1977 CV
VS. File No.
EVANS
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: TRAVELERS INDEMNITY CO
: --
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: - -
RT'TACNED ADDENDUM"
at MEDICAL LEGAL REPRODUCTIONS INC 4940 DISSTON ST PHILA PA 19135
(Address)
You may deliver or mail legible copies of the documents or produce things requested b,
this subpoena, together with the certificate of co:rpliance, to the party making thi:
request at the address listed above. You have the right to seek in advance the rea.onablE
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde.-
ccn:pelling you to cartply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAPE: JEFFREY RETTIG, ESQ
ADDRESS: _'I C WA Num sT
HARRISBURG PA 17101
TELFPHONE: (215) 335-321
SUPREME COURT ID #
ATTORNEY FOR: DEFENDANT
BY THE COURT:
o '7 /12 / 0 2 6,r.; /c fi i,.-
Prothonotary/ er , Civil Division
DATE:
Seal of the Court _
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
DOLAN & MILLER
Vs. No. 021977
EVANS
CUSTODIAN OF RECORDS FOR: TRAVELERS INDEMNITY CO
ANY ALL RECORDS, MEDICAL AND OR ACCIDENT RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TONOTES,
NAME: CYNTHIA EVANS
ADDRESS: 122 RELDSTONE DR CARLISLE PA
DATE OF BIRTH: 04/20/59
FIRST PARTY FILE.
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of
records that, to the best of my knowledge; information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been eand hnfollowing documents have
been located (CHECK THE APPROPRIATE BOX)
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orize signature or
TRAVELERS INDEMNITY CO
CUMBERLAND
M289063-01
* * * SIGN AND RETURN THIS PAGE
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F:\FILES\DATAFILE\Travdoc.cur\762-pra. I/nlm
Created: 07/23/02 0925:38 AM
Revised: 08/14/02 08:25:00 AM
3090.761
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1977
CIVIL ACTION-LAW
CYNTHIA EVANS,
Additional Defendant JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Additional Defendant Cynthia Evans in the above matter. Additional Defendant Cynthia Evans
hereby demands a twelve juror jury trial in the above captioned action.
LIAMS & OTTO
O
MARTSQ?T M
By?T/ Ge ge B. Faller, Jr., Esquii
ii
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Additional Defendant
Dated: August 14, 2002 Cynthia Evans
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Jeffrey B. Rettig, Esquire
HARTMAN OSBORNE & SHOOP PC
126-128 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant Robert B. Miller
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
Attorney for Plaintiffs
Thomas Witowski, Esquire
POST & SCHELL P.C.
P.O. Box 10248
Lancaster, PA 17605
Attorney for Defendant Christine M. Dolan
MARTSON DEARDORFF WILLIAMS & OTTO
n
By
Ii J. Th a
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 14, 2002
C)
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F:\FILES\DATAFILE\Travdoc.cur\762-rep. I /nlndtdc
Created: 07/23/02 09:25:38 AM
Wised: 09/17102 03:4322 PM
3090.761
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1977
: CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
AND NOW, comes the Additional Defendant, Cynthia Evans, by and through her attorneys,
and files this Reply to the Counterclaim of Defendant:
39-42. Denied pursuant to Pa. R.C.P. 1029 (e).
WHEREFORE, Additional Defendant Cynthia Evans demands judgment in her favor and
dismissal of the Counterclaim with prejudice.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Gdo ge . al r, Jr., Esquire
I.D. No. 49813
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 17, 2002
Attorneys for Additional Defendant
Cynthia Evans
VERIFICATION
The foregoing Reply is based upon information which has been gathered by my counsel in
the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
4-mj ?
Cynt 'a D. Evans
CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Reply was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Jeffrey B. Rettig, Esquire
HARTMAN OSBORNE & SHOOP PC
126-128 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant Robert B. Miller
Gregory R. Reed, Esquire
2423 North Third Street
Harrisburg, PA 17110
Attorney for Plaintiffs
Thomas Witowski, Esquire
POST & SCHELL P.C.
P.O. Box 10248
Lancaster, PA 17605
Attorney for Defendant Christine M. Dolan
MARTSON DEARDORFF WILLIAMS & OTTO
By&VI
Ami J. Th
Ten East High treet
Carlisle, PA 17013
(717) 243-3341
Dated: September 17, 2002
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NAULTY, SCARICAMAZZA & McDEVITT, LTD.
BY: WILLIAM G. CILINGIN, ESQUIRE
Identification Number: 27835
1617 John F. Kennedy Boulevard
1600 One Penn Center
Philadelphia, PA 19103
(215) 568-5116
1-910)
Cynthia Evans and Randy E. Evans
vs
Christine M. Dolan and Robert B. Miller
vs
Cynthia Evans
ATTORNEY FOR DEFENDANT
Christine M. Dolan
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1977 CIVIL
ANSWER WITH NEW MATTER OF DEFENDANT CHRISTINE M. DOLAN
TO NEW MATTER UNDER P.R.C.P. 2252(d) OF DEFENDANT ROBERT B. MILLER
32. Answering Defendant incorporates herein by .reference thereto her Answer with New
Matter to Plaintiffs' Complaint as if said Answer with New Matter were set forth hereat in their
entirety.
33. Denied. Each and every averment of negligence on the part of the answering
Defendant is denied and strict proof thereof is demanded at the time of trial. To the contrary, the
answering Defendant operated her vehicle with due care at all times relevant hereto. The
description of the accident by Defendant Miller in Paragraph 33 of Defendant Miller's New Matter
under P.R.C.P. 2252(d) is denied and strict proof thereof is demanded at the time of trial. It is
admitted that there was a motor vehicle accident involving the vehicle operated by the answering
Defendant at the time and place referenced in Plaintiffs' Complaint.
34. Denied. Each and every averment of negligence on the part of the answering
Defendant is denied and strict proof thereof is demanded at the time of trial. To the contrary, the
answering Defendant operated her vehicle with due care at all times relevant hereto.
A) Denied. It is denied that the answering Defendant failed to keep a proper lookout.
Strict proof of said averments is demanded at the time of trial. To the contrary, the answering
Defendant operated her vehicle with due care at all times relevant hereto.
B) Denied. It is denied that the answering Defendant failed to observe the other vehicles
involved in this accident. Strict proof of said averments is demanded at the time of trial. To the
contrary, the answering Defendant operated her vehicle with due care at all times relevant hereto.
C) Denied. It is denied that the answering Defendant failed to apply her brakes in a
proper manner. It is denied that the answering Defendant had an opportunity to avoid the subject
motor vehicle accident. Strict proof of said averments is demanded at the time of trial. To the
contrary, the answering Defendant operated her vehicle with due care at all times relevant hereto.
D) Denied. It is denied that the answering Defendant violated the assured clear distance
ahead rule. Strict proof of said averments is demanded at; the time of trial. To the contrary, the
answering Defendant operated her vehicle in complete compliance with all pertinent rules of the
road at all times relevant hereto.
E) Denied. It is denied that the answering Defendant failed to operate her vehicle at an
appropriate speed. It is denied that the answering Defendant violated the assured clear distance
ahead rule. Strict proof of said averments is demanded at the time of trial. To the contrary, the
answering Defendant operated her vehicle at a safe and legal speed and in complete compliance
with all pertinent rules of the road at all times relevant hereto.
F) Denied. It is denied that the answering Defendant had an opportunity to avoid the
subject motor vehicle accident. Strict proof of said averments is demanded at the time of trial. To
the contrary, the answering Defendant operated her vehicle with due care at all times relevant
hereto.
35. Denied. Each and every averment of negligence on the part of the answering
Defendant is denied and strict proof thereof is demanded at the time of trial. To the contrary, the
answering Defendant operated her vehicle with due care at all times relevant hereto. After
-- 2 --
reasonable investigation, the answering Defendant is without information or knowledge sufficient
to enable her to ascertain the truth of the remaining averments contained in Paragraph 35 of the
New Matter under P.R.C.P. 2252(d) of Defendant Robert Miller. Said averments are denied and strict
proof thereof is demanded at the time of trial.
36. Denied. After reasonable investigation, the answering Defendant is without
information or knowledge sufficient to enable her to ascertain the truth of the averments contained
in Paragraph 36 of the New Matter under P.R.C.P. 2252(d) of Defendant Robert Miller. Said
averments are denied and strict proof thereof is demanded at the time of trial.
37. Denied. After reasonable investigation, the answering Defendant is without
information or knowledge sufficient to enable her to ascertain the truth of the averments contained
in Paragraph 37 of the New Matter under P.R.C.P. 2252(d) of Defendant Robert Miller. Said
averments are denied and strict proof thereof is demanded at the time of trial.
38. Denied. After reasonable investigation, the answering Defendant is without
information or knowledge sufficient to enable her to ascertain the truth of the averments contained
in Paragraph 38 of the New Matter under P.R.C.P. 2252(d) of Defendant Robert Miller. Said
averments are denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, answering Defendant demands that the New Matter under P.R.C.P. 2252(d)
of Defendant Robert Miller against her be denied and dismissed with prejudice and that judgment
be entered in favor of the answering Defendant and against Defendant Robert Miller together with
costs and such other relief as this Honorable Court deems just and proper under the circumstances.
NEW MATTER
39. Plaintiffs' and Co-defendant Robert Miller's claims may be barred by the applicable
Statute of Repose.
40. Plaintiffs' and Co-defendant Robert Miller's claims may be barred by the applicable
Statutes of Limitations.
41. Plaintiffs' and Co-defendant Robert Miller's claims are barred because of the doctrine
of collateral estoppel and/or res judicata.
-- 3 --
42. Plaintiffs' and Co-defendant Robert Miller's claims are barred, in whole or in part, by
the applicable provisions of the Pennsylvania Comparative Negligence Act.
43. Plaintiffs' and Co-defendant Robert Miller's claims are barred because the Plaintiffs
and Co-defendant Robert Miller assumed the risk of injury.
44. Plaintiffs' and Co-defendant Robert Miller's claims are barred, in whole or in part, by
the applicable provisions of the Pennsylvania Motor Vehicle Responsibility Law.
45. Plaintiffs' and Co-defendant Robert Miller's claims are barred, in whole or in part,
because the Plaintiffs and Co-defendant Robert Miller failed to mitigate their damages.
46. Answering Defendant avers that the Plaintiffs and Co-defendant Robert Miller have
failed to state a claim upon which relief may be granted.
47. If Plaintiffs and Co-defendant Robert Miller are bound by the limited tort option
provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, then Plaintiffs and Co-
defendant Robert Miller are not eligible to recover for Plaintiffs' and Co-defendant Robert Miller's
economic losses arising from the accident, which is the subject of this litigation, since Plaintiffs and
Co-defendant Robert Miller did not suffer death, serious impairment of bodily functions or
permanent serious disfigurement.
48. The rights, duties and liabilities of the parties to this action are circumscribed by the
terms and provisions of the Pennsylvania Property & Casualty Insurance Guaranty Association Act
40 P.S. § 991.1801 et sec r. and any recovery not specifically permitted underthe terms and provisions
of said Act is barred as a matter of law.
49. Plaintiffs' and Co-defendant Robert Miller's claims are barred and/or limited by
of their failure to exhaust other remedies available pursuant to § 991.1817 of the Pennsylvania
Property & Casualty Insurance Guaranty Association Act.
50. The Plaintiffs' and Co-defendant Robert Miller's claims are barred or otherwise
by the Pennsylvania Motor Vehicle Financial Responsibility ]Law, 75 Pa. C.S.A. § 1701 et seq., whose
terms and provisions are fully incorporated herein.
51. The Plaintiffs' and Co-defendant Robert Miller's claims are barred or otherwise
--4--
by the tort thresholds of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. C.S.A.
§ 1701 et seq., as applicable by operation of law or election.
52. If the Plaintiffs' and Co-defendant Robert Miller's claims are subject to the limited
option of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et seq.,
than the Plaintiffs and Co-defendant Robert Miller may not seek recovery of damages for non-
economic detriment absent the establishment if a serious injury, the existence of which is
specifically denied.
53. The Plaintiffs' and Co-defendant Robert Miller's claims are barred or otherwise
by the preclusion of pleading, proving and recovering special damages, as set forth in § 1722 of the
Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1722.
54. The Plaintiffs and Co-defendant Robert Miller may not plead, prove or recover any
of special damage paid or payable by any group contract, plan or other arrangement for payment
of same by reason of the preclusion set forth in § 1722 of the Pennsylvania Motor Vehicle Financial
Responsibility Law, 75 Pa. C.S.A. § 1722.
WHEREFORE, answering Defendant demands that the New Matter under P.R.C.P. 2252(d)
of Defendant Robert Miller against her be denied and dismissed with prejudice and that judgment
be entered in favor of the answering Defendant and against Defendant Robert Miller together with
costs and such other relief as this Honorable Court deems just and proper under the circumstances.
NAULTY, SCARICAMAZZA & McDEVITT, LTD.
BY:
WILLhAM'G. CILINGIN,
Attorney for Defendant,
Christine M. Dolan
-- 5 --
VERIFICATION
I, WILLIAM G. CILINGIN, ESQUIRE, attorney for Christine M. Dolan, defendant herein, hereby
verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
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NAULTY, SCARICAMAZZA & McDEVITT, LTD.
BY: WILLIAM G. CILINGIN, ESQUIRE
Identification Number: 27835
1617 John F. Kennedy Boulevard
1600 One Penn Center
Philadelphia, PA 19103
(215) 568-5116
Cynthia Evans and Randy E. Evans
VS
Christine M. Dolan and Robert B. Miller
VS
Cynthia Evans
TO THE PROTHONOTARY:
ATTORNEY FOR DEFENDANT
Christine M. Dolan
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-1977 CIVIL
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Defendant, Christine M. Dolan, in the above-
captioned matter.
NAULTY, SCARICAMAZZA & McDEVITT, LTD.
BY: GOY'
WILL G. CILI G:[N,
Attorney for Defendant,
Christine M. Dolan
C7
-n
M
D
S
CJ? tT s--
-C' :a jrn
. IN•THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
EVANS
Vs.
NO. 021977
DOLAN, ET AL
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 06/19/03
File #: M299830
JEFFREY B RETTIG, ESQUIRE
126-128 WALNUT ST
HARRISBURG,, PA 17101
717-232-3046
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD HE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 624-5304
By: Colleen Laird
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
EVANS
Vs.
DOLAN, ET AL
TO: GREGROY REED, ESQ
GEORGE FALLER
(PLAINTIFF)
No. 021977
WILLIAM CILINGIN
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have! twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 05/29/03 JEFFREY B RETTIG, ESQUIRE
126-128 WALNUT ST
HARRISBURG, PA 17101
ATTORNEY FOR DEFENDANT
INQUIRIES SEOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 624-5304
By: Colleen Laird
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M299830
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
EVANS
Vs.
DOLAN, ET AL
File No.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
of Person or Entity
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or thin
SEE !Xat ?N - -----
MEDICAL LEGAL REPRODUCTIONS (Acgre6sf940 DISSTON ST., PHILA.,-P-Y-
You may deliver or mail legible copies of the documents or produce things requested h
this subpoena, together with the certificate of camliance, to the party making thi:
request at the address listed above. You have the right to seek in advance the rea.onabic
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde--
o mipelling you to comply with it.
THIS SLISPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFREY B RETTIG, ESQ
ADDRESS:
26-32R WU. ST
17101
TELEPHONE:
SUPREME O"T ID $I215-335-
12
ATTORNEY FOR: 19616
M299830-01
DEFENDANT
DATE: F
9bal of the Court
021977
TRAVELERS INDEMNITY CO, ONE TOWER SQ, HARTFORD CT 06183
BY THE COURT:
c? 4' Lnto -
Prothonotary/C kCivil Division
?ln. DD.
% •A <
Deputy
(Eff. -1/97)
ADDENDUM TO SUBPOENA
EVANS
Vs.
DOLAN, ET AL
No. 021977
CUSTODIAN OF RECORDS FOR: TRAVELERS INDEMNITY CO
ANY AND ALL RECORDS, MEDICAL AND OR ACCIDENT CORRESPONDENCE, NOTES,
RECEIPTS, BILLS, ETC., AND ANY OTHER INFORMATION PERTAINING TO:
NAME: CYNTHIA EVANS
ADDRESS: 122 FIELDSTONE DR CARLISLE PA
DATE OF BIRTH: 04/20/59
SSAN: 561295517
FIRST PARTY FILE FROM 6/25/01 TO THE PRESENT.
CLAIM #920229981PP LNF 7668
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature or
TRAVELERS INDEMNITY CO
CUMBERLAND
M299830-01
*** SIGN AND RETURN THIS PAGE ***
Cp14 NWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
EVANS
Vs. File No.
DOLAN, ET AL
021977
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
DR MORTON RUBIN, 2025 TECHNOLOGY PKWY #109, MECHANICSBURG PA 17055
Name of Person or Entity
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doaments or. thing
LL A i
at
MEDICAL LEGAL REPRODUCTIONS 4940 DISSTON
PIS--'--'
(A rCs, .)
You may deliver or mail legible copies of the documents or produce things requested h>
this subpoena, together with the certificate of compliance, to the party making this
request at the address listed above. You have the right to seek in advance the reasonable
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(20) days after its service, the party serving this subpoena may seek a court orde--
cxmpelling you to crnply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFREY B RETTIG, ESQ
ADDRESS:
26-178 WALNUT ST
A 17101
TELEPHONE: _
SUPREME COURT ID # 215-335-3212
ATTORNEY FOR:
19616
DEFENDANT
M299830-02
DATE:
Teal of the Court
BY THE COURT:
C
Prothonotary/ 1 k, Civil Division
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
EVANS
Vs.
DOLAN, ET AL
No. 021977
CUSTODIAN OF RECORDS FOR: DR MORTON RUBIN
ALL MEDICAL RECORDS FROM 1/1/00 TO THE PRESENT.
PERTAINING TO:
NAME: CYNTHIA EVANS
ADDRESS: 122 FIELDSTONE DR CARLISLE PA
DATE OF BIRTH: 04/20/59
SSAN: 561295517
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature or
DR MORTON RUBIN
CUMBERLAND
M299830-02
*** SIGN AND RETURN THIS PAGE ***
COMMXAIEALTH OF PENNSYLVANIA
COUNTY OF CL]MIBERIAND
EVANS
Vs. File No. 021977
DOLAN, ET AL '
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
CUMBERLAND VAL SCHOOL DST, 6746 CARLISLE PK, MECHANICSBURG PA 17050
TO: ATTN: MARGARET STAUB
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docurents orsth.ing?
at _
MEDICAL LEGAL REPRODUCTIONS (AcWiAst940 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the dompients or produce things requested by
this subpoena, together with the certificate of ccnpIiance, to the party making thi:
request at the address listed above. You have the right to seek in advance the rea,onabie
cost of preparing the copies or producing the things sought.
If you fail to produce the docunents or things required by this subpoena within twenty
(20) days after its service, the party serving 'thin subpoena may seek a court order-
crnpelling you to conply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFREY B RETTIG, ESQ
ADDRESS: ? 26-12R-WALNUT
ST
TELEPHONE: 17101
SUPREME COURT ID #i 215-335-3212
ATTORNEY FOR: 19616
DEFENDANT
M299830-03
DATE: e,,. .3.1&Vj
S al of the Court
BY THE COURT:
Prothonotary 1 k, Civil Division
Deputy
(Eff. 7/97)
ADDENDUM TO
SUBPOENA
EVANS
Vs.
No. 021977
DOLAN, ET AL
CUSTODIAN OF RECORDS FOR: CUMBERLAND VAL SCHOOL DST
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: CYNTHIA EVANS
ADDRESS: 122 FIELDSTONE DR CARLISLE PA
DATE OF BIRTH: 04/20/59
SSAN: 561295517
ALL EMPLOYMENT RECORDS WHILE A TEACHERS AIDE AT CUMBERLAND
VALLEY SCHOOL DISTRICT FROM 111196 TO THE PRESENT.
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO.I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature or
CUMBERLAND VAL SCHOOL DST
CUMBERLAND
M299830-03
*** SIGN AND RETURN THIS PAGE ***
COMMONWEALTH OF PENNSYLVANIA
OOUNPY OF CLIMBERIAND
EVANS
Vs. File No.
DOLAN, ET AL
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
TO:
MECHANICSBURG PA 17050
WALMART, 6520 CARLISLE
021977
f-erson or Entity
(Name
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following docunents orsthing
at
MEDICAL LEGAL REPRODUCTIONS (AdMits t940 DISSTON ST., PHILA.,
You may deliver or mail legible copies of the docunents or produce things requested h
this subpoena, together with the certificate of compliance, to the party making thi_
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 docunents or things required by this subpoena within twenty
(20) days after its service, the party serving thi.3 subpoena may seek a court orde;-
cxxmelling you to conply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: JEFFREY B RETTIG, ESQ
ADDRESS:- _ :26-1?u TTY .nLNU.'T' ST
TELEPHONE: 17101
SUPREME COURT ID # 215-335-3212
ATTORNEY FOR: 19616
DEFENDANT
M299B30-04
DATE: y0.3
S al of the Court
BY THE OOURT:
CLw e OQ. ?&4 , i,='
Prothonotar C erk, Civil Division
Deputy
(Eff. T/97)
EVANS
Vs.
DOLAN, ET AL
ADDENDUM TO SUBPOENA
No. 021977
CUSTODIAN OF RECORDS FOR: WALMART
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: CYNTHIA EVANS
ADDRESS: 122 FIELDSTONE DR CARLISLE PA
DATE OF BIRTH: 04/20/59
SSAN: 561295517
ALL EMPLOYMENT RECORDS FROM 1/1/98 TO THE PRESENT.
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OFYOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDSAREATTACHEDHERETO. I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orize signature or
WALMART
CUMBERLAND
M299830-04
*** SIGN AND RETURN THIS PAGE ***
g ° R
a; ? X,m
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cst
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA D. EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 03 ,-1977 CIVIL
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
REPLY OF PLAINTIFFS TO
NEW MATTER
OF CHRISTINE M. DOLAN
29. It is specifically denied that Plaintiffs have failed to mitigate damages. Proof
thereof is demanded at trial. Nevertheless, Defendant Dolan's allegation is a conclusion of law
to which no responsive pleading is required.
30. Specifically denied. Defendant Dolan's allegation is a conclusion of law to which
no responsive pleading is required.
31. Specifically denied. Defendant Dolan's allegation is a conclusion of law to which
no responsive pleading is required.
32. Defendant Dolan's allegation is a conclusion of law to which no responsive pleading
is required.
33. Specifically denied. Defendant Dolan's allegation is a conclusion of law to which
no responsive pleading is required.
34. Specifically denied. Defendant Dolan's allegation is a conclusion of law to which
no responsive pleading is required.
35. Specifically denied that Plaintiff did not suffer a serious injury.
Furthermore, Plaintiffs are entitled to all of the benefits and rights of full tort coverage.
Nevertheless, Defendant Dolan's allegations are conclusions of law to which no responsive
pleading is required.
711,162,
Date
Gregory R. Reed, Esquire;
Attorney for Plaintiffs
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. 23705
CERTIFICATE OF SERVICE AND ADDRESSES
AND NOW, this I M-' day of July, 2003, I, GREGORY R. REED,
Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served upon
Defendants, by first class mail, Reply to New Matter to the following address:
Jeffrey B. Rettig, Esq.
Hartman, Osborne & Rettig
126-128 Walnut Street
Harrisburg, PA 17101
William G. Cilingin, Esq.
Suite 1600
One Penn Center at Suburban Station
1617 John F. Kennedy Blvd.
Philadelphia, PA 19103
George B. Faller, Jr., Esq
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
Gregory R. Reed, Esquire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, Pennsylvania 17111
(717) 238-0434
Attorney I.D. 23,705
v; c
'O
i ?
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA D. EVANS,
Additional Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 01-1977 CIVIL
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
REPLY OF PLAINTIFFS TO
NEW MATTER
OF ROBERT B. MILLER
29. Defendant Miller's allegation is a conclusion of law to which no responsive
pleading is required.
30. Specifically denied that Plaintiffs are subject to the limited tort option. Plaintiffs'
coverage is full tort coverage. Nevertheless, Defendant Miller's allegation is a conclusion of law
to which no responsive pleading is required.
31. Plaintiffs assume that the allegation relates to the "`mitigation" of damages and not
"litigation" of damages. Nevertheless, Plaintiffs specifically deny that they failed to mitigate
damages and proof thereof is demanded at trial.
WHEREFORE, Plaintiffs request judgment for Plaintiffs and against Defendant
Robert B. Miller.
416 3
Date egory R. Reed, Esquir
Attorney for Plaintiffs
3120 Parkview Lane
Harrisburg, PA 17111
(717) 238-0434
Attorney I.D. 23705
CERTIFICATE OF SERVICE AND ADDRESSES
AND NOW, this 11 of July, 2003, I, GREGORY R. REED,
Esquire, Attorney for Plaintiffs, do hereby certify that I have this day served upon
Defendants, by first class mail, Reply to New Matter to the following address:
Jeffrey B. Rettig, Esq. William G. Cilingin, Esq.
Hartman, Osborne & Rettig Suite 1600
126-128 Walnut Street One Penn Center at Suburban Station
Harrisburg, PA 17101 1617 John F. Kennedy Blvd.
Philadelphia, PA 19103
George B. Faller, Jr., Esq
Martson Deardorff Williams & Otto
Ten East High Street
Carlisle, PA 17013
regory R. ed, ire
Attorney for Plaintiff
3120 Parkview Lane
Harrisburg, Pennsylvania 17111
(717) 238-0434
Attorney I.D. 23705
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court-
CAPTION OF CASE
(entire caption must be stated in full)
Cynthia D. Evans and Randy E. Evans, her Husband
(Plaintiff)
V5.
Christine M. Molan and Robert B. Miller
(Defendant)
VS.
Cynthia Evans (Additional DefenW)1977 g% 2002
Civil
1. State matter to be argued (i.e-. Plaintiff's motion for new trial, defendant's
demurrer to cemplaint, etc.):
Defendant, Robert B. Miller's, Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) for Plaintiff: Gregory R. Reed, Esquire
Address: 3120 Parkview Lane
Harrisburg, PA 17111
(b) for defendant: Jeffrey B. Rettig, Esquire
Address: 126-128 Walnut Street
Harrisburg, PA 17101
3. I will notify all parties in writing within two days that this case has
been listed for arrnxwnt-
4. Argument Court Date: August 27, 2003
Atto forRObert B. Miller
rt,*oA-
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I
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cri
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-1977 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S, ROBERT B. MILLER,
MOTION FOR SUMMARY JUDGMENT
AND NOW comes the Defendant, Robert B. Miller (hereinafter "Moving Defendant"),
by and through his attorneys, Hartman, Osborne and Rettig, P.C., and submits the within Motion
for Summary Judgment, and in support thereof aver as follows:
Plaintiffs commenced the above-captioned negligence action by filing their
Complaint in this matter on or about April 22, 2002.
2. On June 27, 2002, the Moving Defendant filed an Answer, New Matter,
Crossclaim and Counterclaim.
The pleadings in this matter are closed.
4. Generally, Plaintiffs' claims against the Moving Defendant are that he was rear-
ended by the Defendant, Christine Dolan, but that he was negligent, careless and reckless in
failing to take measures to avoid striking Plaintiff's car resulting in a second accident.
5. Pennsylvania Rule of Civil Procedure No. 1035.2 states that the granting of a
Motion for Summary Judgment is appropriate when after the completion of discovery relevant to
the Motion, "an adverse party who will bear the burden of proof at trial has failed to produce
evidence of facts essential to the cause of action or defense which, in a jury trial, would require
the issues to be submitted to a jury." Pa. R.C.P. 1035.2(2).
6. All discovery relevant to this Motion for Summary Judgment is completed.
7. For the Plaintiffs to recover in this action they must prove four elements: (1) a
recognized duty or obligation to protect others against unreasonable risks; (2) the defendant's
breach of that duty; (3) a causal connection between the breach of duty and the injury sustained -
proximate cause; and (4) actual damages resulting from the breach. Gutteridge v. A .P. Green
Services, 804 A.2d 643 (Pa.Super 2002).
8. Plaintiff, Cynthia D. Evans, was deposed on December 19, 2002. She testified
that as she approached the intersection from the opposite direction she first saw the Moving
Defendant's car it was stopped at the intersection of Market and Ninth Street in Lemoyne,.
(Exhibit `A', Deposition of Cynthia D. Evans, December 19, 2002, p. 18).
9. Mrs. Evans stated that the traffic signal controlling her direction of travel turned
green, she directed her vehicle through the intersection and as she passed the Moving
Defendant's vehicle her car was struck. (Exhibit `A', Deposition of Cynthia D. Evans, December
19, 2002, p. 22).
10. Mrs. Evans testified that she did not see the Moving Defendant's car move or
strike her vehicle, nor did she see or hear any car approach the Moving Defendant's vehicle from
behind at any point prior to or after the accident. (Exhibit `A', Deposition of Cynthia D. Evans,
December 19, 2002, pp. 22-23).
11. Based on the evidence present in this case it is clear that Plaintiffs cannot prove
the basic elements required in a negligence action that Moving Defendant owed a duty to
Plaintiffs, breached a duty or was the proximate cause of the Plaintiffs' injuries.
WHEREFORE, it is clear based on the record that no evidence exists showing that the
Moving Defendant was negligent in operating his vehicle and is not responsible for the
Plaintiffs' injuries. For all of the above stated reasons, the Moving Defendant respectfully
requests that this Honorable Court grant his Motion for Summary Judgment, and dismiss
Plaintiffs' claims against him in their entirety.
Respectfully submitted,
HARTMAN,_-QSBORNE & RETTIG, P.C.
Date: August 1, 2003
Jef e . Rettig, Esquire
S me Ct. I.D. #19616
I Z6-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorney for Defendant, Robert B. Miller
Exhibit "A"
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Q Okay. As you approached the intersection of
Market Street and North Ninth Street, did you see anything
unusual happen?
A I saw the car that Mr. Miller was driving turning
left -- he was going to turn left, and he had his wheels
turned.
Q Okay. Now, what direction was his car facing? I
know what you told us about the wheels, but was his car
facing essentially --
A His car was facing basically east.
Q Okay.
A With his wheels turned to the north.
Q Okay. Did he have a directional signal on?
A I do believe he did.
Q And was it a left turn signal?
A Yes, sir.
Q When you first saw his car did you understand he
was stopped there waiting to make a left-hand turn onto
North Ninth Street?
A I did understand that, yes.
Q Okay. When you first saw the car that you now
know to be Mr. Miller's car, was it in that position that
you just described?
A Yes.
Q You didn't see it approach that area and then
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come to a stop?
A No, sir.
Q Okay. So it was stopped when you first saw it
with its left turn signal on?
A Yes.
Q Did you notice any cars proceeding east in front
of his car on Market Street?
A No.
Q Okay. Did you see any cars behind his vehicle
heading eastbound on Market Street?
A I don't remember seeing them.
Q Okay.
A But it was a busy -- that's a busy little area.
Q Understood.
A So I do know there were cars there.
Q Okay. Can you estimate for me the distance
between your vehicle and Mr. Miller's vehicle when you
first saw it?
A In the front or on the side?
Q How about from where you were seated in your car
to the front of Mr. Miller's vehicle, can you estimate that
distance either in feet, car lengths, truck length, however
you're comfortable?
A As I was driving by him or when I first saw him?
Q When you first saw that vehicle.
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A When I first saw that vehicle there was, oh, a
car and a half or two cars were in front of me when I first
saw him.
Q So between the front of his vehicle and your
vehicle there were one to one and a half cars in front of
your vehicle?
A Because there were nine cars in front of me.
Q Right, okay.
A Yeah.
Q All right. You can't give me a distance?
A I have no idea.
Q All right. And what was your speed at that point
in time as you recall it?
A When I first saw him?
Q Uh-hum.
A When I first saw him I was stopped.
Q Where were you stopped?
A Well, the light was red.
Q Okay. So you first saw the Miller vehicle, you
were stopped at the red light?
A I'm stopped among other cars at the red light.
Q Right. And is the Miller vehicle closer to you
than the traffic light?
A Yes.
Q Okay. So essentially as it appeared to you he
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was trying to get through the line of traffic that was
waiting at the traffic light; am I right about that?
A No.
MR. RETTIG: Okay.
MR. REED: I mean the line -- it seems like
you're thinking the traffic light was at Ninth.
THE WITNESS: No, no, I don't think that.
MR. RETTIG: She explained that.
THE WITNESS: It's at the Karns. It's over at
the Jo-Ann's and the Isaac's.
MR. REED: I don't want to interfere. Go ahead.
BY MR. RETTIG:
Q My understanding and my confusion was I thought
she went through the traffic light and then --
A No.
Q -- got involved in the accident but --
A It's before.
Q But I'm now learning it's before that.
MR. REED: Okay.
BY MR. RETTIG:
Q So there's this stopped line of traffic at the
traffic light, and you're stopped in that line of traffic
when you first see the Miller vehicle?
A Yes.
Q Okay. And you're about a car and a half to two
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cars away from the Miller vehicle?
A Yes.
Q At some point in time the light changed to green
I'm assuming, correct?
A Yes.
Q Did you start to go forward?
A Yes.
Q Okay. Did you observe anything unusual occur as
you started to go forward towards the intersection?
A The intersection of Ninth Street?
Q I'm sorry. Towards the light, the traffic light.
A No.
Q Okay. At a point in time did you realize that
Mr. Miller's vehicle was coming into the westbound lane of
travel?
A No.
Q Okay. Tell me what you do recall about the
happening of the accident.
A I was driving my car. I passed Mr. Miller who
was waiting to turn left. All of a sudden my car jumped a
bit and I heard a boom, and I couldn't get out of my
driver's door.
Q Okay. So when the front of your vehicle passed
by the front of Mr. Miller's vehicle, there had been no --
A My face, my face and where I was sitting, I was
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passed.
Q Okay.
A I was looking straight ahead.
Q Okay. Did you see any car approaching
Mr. Miller's car from the rear as you were going by
Mr. Miller's car?
A No, I wasn't -- no.
Q Did you hear an impact between what we now know
to be the Miller vehicle and Ms. Dolan's vehicle?
A No.
Q No horns, no crash or anything like that?
A I had my air-conditioning running full blast. I
did not.
Q Okay.
A At least I do not recall it.
Q All right. And where was the impact on your
vehicle from Mr. Miller's vehicle?
A It was on the edge of like where my door would
open up, like the line of where my door would have opened
up and the side of my van.
Q Okay. And your door is the driver's door?
A I'm sorry. The driver's door.
Q And what happened to your vehicle after that
impact?
A It jumped.
CERTIFICATE OF SERVICE
I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class postage prepaid, as follows:
William G. Cilingin, Esquire
Naulty, Scaricamazza & McDevitt, Ltd.
Suite 1600
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103
(Attorney for Defendant, Christine Dolan)
Gregory R. Reed, Esquire
3120 Parkview Lane
Harrisburg, PA 17111
(Attorney for Plaintiffs)
George B. Faller, Jr., Esquire
Mattson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
(Attorney for Additional Defendant, Cynthia Evans)
Dated: 0
I / zd3
HARTMAN, OSBORNE & RETTIG, P.C.
By:'
Frey B. Rettig, Esq ire
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CYNTHIA D. EVANS and
RANDY E. EVANS,
PLAINTIFFS
V.
CHRISTINE M. DOLAN and
ROBERT B. MILLER,
DEFENDANTS
V.
CYNTHIA D. EVANS,
ADDITIONAL DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1977 CIVIL TERM
IN RE: MOTION OF DEFENDANT, ROBERT B. MILLER,
FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND GUIDO, J.
ORDER OF GOURD
AND NOW, this qA day of September, 2003, the motion of Robert B. Miller for
summary judgment, IS GRANTED.
By the
Edgar B. Bayley, J.
I.f
cc
PENNSYLVANIA
02-1977 CIVIL TERM
Gregory R. Reed, Esquire
For Plaintiffs
Jeffrey B. Rettig, Esquire
For Robert B. Miller
William G. Cilingin, Esquire
For Christine M. Dolan
George B. Faller, Esquire
For Cynthia D. Evans
sal
CYNTHIA D. EVANS and
RANDY E. EVANS,
PLAINTIFFS
V.
CHRISTINE M. DOLAN and
ROBERT B. MILLER,
DEFENDANTS
V.
CYNTHIA D. EVANS,
ADDITIONAL DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1977 CIVIL TERM
IN RE: MOTION OF DEFENDANT ROBERT B. MILLER.
FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J. AND GUIDO, J.
OPINION AND ORDER OF COURT
Bayley, J., September 9, 2003:--
Plaintiffs Cynthia Evans and Randy Evans, her husband, filed a complaint against
defendants, Christine Dolan and Robert Miller, alleging damages arising out of an automobile
accident on June 25, 2001. Cynthia Evans has been joined as an additional defendant. The
record shows that the accident occurred at the intersection of Market Street and Ninth Street
in the Borough of Lemoyne, Cumberland County. Robert Miller was traveling east on Market
Street and stopped in the intersection waiting to make a left hand turn onto Ninth Street.
Cynthia Evans was driving past him in the opposite direction westbound on Market Street.
Christine Dolan was traveling eastbound on Market Street to the rear of Miller's vehicle. While
02-1977 CIVIL TERM
Miller's vehicle was stopped, Dolan struck it from the rear pushing it into the driver's side door
of the Evans' vehicle. Plaintiffs' claim of negligence against Miller is that, as he was stationary
in the intersection waiting to turn left, his front wheels were turned to the left so that when his
vehicle was struck in the rear by Dolan it was propelled into the vehicle of Evans.
Miller has filed a motion for summary judgment. He maintains that he owed no duty to
Evans, much less breached a duty that caused her injury. Plaintiffs oppose the motion for
summary judgment. Dolan takes no position. In deciding the motion, "we must view the
record in a light most favorable to the non-moving party, and all doubts as to the existence of a
genuine issue of material fact must be resolved against the moving party." Washington v.
Baxter, 719 A.2d 733 (Pa. 1988).
For plaintiffs to recover in their negligence action against Miller they must prove (1) that
Miller had a recognized duty or obligation to protect them against unreasonable risks; (2) he
breached that duty; (3) a causal connection between the breach of duty and injury sustained;
and (4) damages resulting from the breach. Gutteridge v. A.P. Green Services, 804 A.2d
643 (Pa. Super. 2002). In their brief, plaintiffs argue that "it is common knowledge among
drivers that the operator of a vehicle, stopped on the highway, should not turn the front wheels
until he or she is ready to make a turn. The purpose of such a policy is to avoid the type of
accident that occurred in the instance case." There is no such duty at law. A driver is not
required to contemplate the negligence of other drivers on the road. Bortz v. Henne, 415 Pa.
150 (1964). Accordingly, the following order is entered.
-2-
02-1977 CIVIL TERM
ORDER OF COURT
AND NOW, this 06- day of September, 2003, the motion of Robert B. Miller for
summary judgment, IS GRANTED.
Gregory R. Reed, Esquire
For Plaintiffs
Edgar B. Bayley, J.
Jeffrey B. Rettig, Esquire
For Robert B. Miller
William G. Cilingin, Esquire
For Christine M. Dolan
George B. Faller, Esquire
For Cynthia D. Evans
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Cynthia D. Evans and Randy E. Evans,
her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OL 1977 CIVIL 2001
V.
Christine M. Dolan and Robert E. Miller,
Defendants
V.
Cynthia D. Evans,
Additional Defendant
RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially
in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
Anthdny T. Lucido, Esquire
the above action OftyNNY"AW),
1. The above-captioned
2. The claim of the pL
The counterclaim of
Additional
counsel for the)p=VA$H/defendant in
respectfully represents that:
action 0d6X7 'dM is OHM at issue.
iintiff in the action is $9,204.76
the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators: Jeffrey B. Rettig, Esquire,
Gregory R. Reed, Esquire and Anthony T. Lucido, Esquire 64iL64% GbL tqj,kj-a !
,
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
Anthony T. Lucido
ORDER OF COURT
AND NOW
=„?jn?G1J o7 5 T710' in consideration of the
foregoing petition, GCYC/iG?t Ai hM&i.Y Esq., V
J
Esq., and ?y? ,Esq., are appointed arbitrators in the
above-captioned action (or actin ) as prayed for.
By the
P. J.
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3090 762
CYNTHIA D. EVANS,
RANDY E. EVANS, her husband,
Plaintiffs
V.
CHRISTINE M. DOLAN, and
ROBERT B. MILLER,
Defendants
V.
CYNTHIA EVANS,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1977
CIVIL ACTION-LAW
JURY TRIAL OF TWELVE DEMANDED
STIPULATION OF COUNSEL
The undersigned counsel hereby agree and stipulate that the arbitration in this matter will
encompass only those claims raised by Defendant Robert Miller against Additional Defendants
Cynthia Evans and Christine M. Dolan. The arbitration does not include any claims asserted by
Plaintiff Cynthia Evans against Additional Defendant Christine Dolan, as such claims potentially
exceed the limits for compulsory arbitration.
MARTSON DEARDORFF WILLIAMS & OTTO
Anthony T. Lucido, Esquire Date
Ten East High Street
Carlisle, PA 17013
OSBORNE & S%W PC
A 17101
Attorneys for Additional Defendant
Cynthia Evans
Gregory R. eed, Esq ' e Date
2423 North Third Street
Harrisburg, PA 17110
Attorney for Defendant
Robert B. Miller
Attorney for Plaintiffs
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riECEIVEG
OCT 15 2003
I)Wr
CYNTHIA D. EVANS IN THE COURT OF COMMON PLEAS OF
RANDY E. EVANS, her CUMBERLAND COUNTY, PENNSYLVANIA
husband
v. 02-1977 CIVIL TERM
CIVIL ACTION - LAW
CHRISTINE M. DOLAN and
ROBERT D. MILLER
V.
CYNTHIA EVANS
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, June 3, 2005, the Court having been informed that the above case
has been settled prior to hearing, the Board of Arbitrators previously appointed is
hereby vacated, and David P. Perkins, Esquire, Chairman, shall be paid the sum of
$50.00.
By the
E
David P. Perkins, Esquire
4 James Circle
Shippensburg, PA 17257-2165
Court Administrator
P.J.
d(?n ?AS'?iNi3d
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AUVi0NOHiQUd 3HL d0
3OH-4"31LA
Curtis R. Long
Prothonotary
(Office of the i9rotbonotarp
?um?erranb ?ourttp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
0.2-1977 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
RCP230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573