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Home My WebLink About02-2813IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o.z -.a £/_~ 2002 Civil Action - ( X ) Law ( ) Equity Angela Sheaffer 35 Regency South Carlisle, PA 17013 Plaintiff : Nathan L. Rubendall : 78 Regency Woods South : Carlisle, PA 17013 : : Heather Sunshyn Gerlach : 305 East Hudson Ave. : Altoona, PA 16602 Versus : Defendants : : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMON~ TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X David W. Knauer David W. Knauer, P.C. 411-A East Main Street __ Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff Mechanicsburg, PA 17055 (717) 795-7790 Names/Address/Telephone No. of Attorney Supreme Court ID No. 21582 Date: June 10, 2002 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. ~. Prothonotary//~ ~ Date: ~ /o &oo .L- By: ~/ ~.~ ( ) Check here if reverse is issued for additional info~ation PROTHON. - 55 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants No. 2002-2813 JURY TRIAL DEMANDED PRAEClPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of Summons for the above named matter. Date: July 5, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. David W.-Knauer, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Angela Sheaffer 35 Regency South Carlisle, PA 17013 Plaintiff m ~m~ cornet o~ comv~o~ piCAS CUMB~m~A~ COUntY, p~r~SY~VA~A No. ~O;/~ ~/,5 ~ Civil-Action - ( X ) Law ( ) Equity Nathan L. Rubendall 78 Regency Woods South Carlisle, PA 17013 Heather Sunshyn Gerlach 305 East Hudson Ave. Altoona, PA 16602 Versus : Defendants : : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS. TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and f~0~rwarded to ( ) Attorney ( X ) Sheriff David W. Knauer {/~L~~ ~-~'/ David W. Knauer, P.C. Signatture of Attorney 411-A East Main Street - ~Meclaanicsburg, PA 17055. (717) 795-7790 Names/Address/Telephone No. of Attorney Supreme Court ID No. Date: June 10, 2002 WRIT OF SUMMONS 21582 TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS~HAVE COMMENCED AN ACTION AGAINST YOU. ' ': Prothonotary By: is issued for additional information Deputy ANGELA SHEAFFER, Plaintiff Va NATHAN L. RUBENDALL and HEATHER SUNSHYN GERLACH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2813-CIVIL-2002 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAEClPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, Date: NEALON & GOVER, P.C. AB rt~oarnn eN; iZ. UDII ~1 oE. 8~5 ~r~8 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days_ of service of this Rule or suffer a judgment of non pros. DATED ~JL~(~ ~O t ,5/'y~,,,~ I Prothonotary "T//? ~ CERTIFICATE OF SERVICE AND NOW, this ,~b/'iday of July, 2002, I hereby certify that I have served the foregoing Praecipe for Rule to File Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main St. Mechanicsburg, PA 17055 Eileen S Smith~'Se'~etary ANGELA SHEAFFER, Plaintiff NATHAN L. RUBENDALL and HEATHER SUNSHYN GERLACH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2813-CIVIL-2002 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Nathan L. Rubendall and Heather Gerlach, with regard to the above-captioned matter. By: Date: Respectfully submitted, NEALON & GOVER, P.C. 2411 North Front St. Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this _~"~day of July, 2002, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main St. Mechanicsburg, PA 17055 SHERIFF'S RETURN - CASE NO: 2002-02813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER ANGELA VS RUBENDALL NATHAN L ET AL 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: GERLACH HEATHER SUNSHYN but was unable to locate Her deputized the sheriff of BLAIR serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On July 15th , 2002 , this office was in receipt of the attached return from BLAIR Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Blair County 29.50 .00 54.50 07/15/2002 KNAUER & ASSOC So an~s~wer~_ · ~. .~ ~j~ R.~ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2~ day of ~, ...... ~ ~32_ A.D. ! ~ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-02813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER ANGELA VS RUBENDALL NATHAN L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GERLACH HEATHER SUNSHYN the DEFENDANT at 1946:00 HOURS, at 1071 HARRISBURG PIKE #3 CARLISLE, PA 17013 HEATHER GERLACH on the 10th day of July , 2002 by handing to a true and attested copy of WRIT OF SUMMONS REISSUED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~q day of · ~rothonotary So Answers: R. Thomas Kline 07/15/2002 KNAUER & ASSOC By: /C--7 ~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-02813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER ANGELA VS RUBENDALL NATHAN L ET AL GEP~ALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RUBENDALL NATHAN L the DEFENDANT , at 0840:00 HOURS, on the 26th day of June at 1071 HARRISBURG PIKE #3 , 2002 CARLISLE, PA 17013 HEATHER GERI~ACH, GIRLFRIEND a true and attested copy of WRIT OF by handing to SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~/~ day of ~ ~Z~ ~7.~ A.D. ' 'Prothonotary ' So Answers: R. Thomas Kline 07/15/2002 KNAUER & ASSOC ' Dep-ut~ S~iff In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Angela Sheaffer VS. Nathan L. Rubendall et al SERVE: Heather Sunshyn Gerlach NO. 02 2813 civil Now, June 13, 2002 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Blair County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit Of Service Now~ within ,20 , at. o'clock M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O;Z..a?/a ~ 2002 Civil Action - ( X ) Law ( ) Equity Angela Sheaffer 35 Regency South Carlisle, PA 17013 Plaintiff : Nathan L. Rubendall : 78 Regency Woods South : Carlisle, PA 17013 : : Heather Sunshyn Gerlach : 305 East Hudson Ave. : Altoona, PA 16602 Versus : Defendants : : JURY TRLA~ DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. .X Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff David W. Knauer ,'//~/, ~ / ~/~1//~, ~, ,~/ ~ ~ W.~auer, P.C. C/~N,~vl~-~q(~v'~''''~ /~q~j~' h"/~'//~'3'x 411-A East Main S~eet Signa~re of Att6mey ~'~ ~ Mechanicsburg, PA 17055 ' ~ '~' ~ ~ _~ (717) 795-7790 Supreme Cou~ ID No. 21~8~ ?~ .~g ~' Names/Address~elephone No. .' '~ ~;~: of A~omey Date June I0, 2002 ' ~ .~ W~T OF SUMMONS .,~~~~.~ TO THE ABOVE N~D~EFE~ANT'. ~.'.~j~;t o, YOU ~ NOTIFIED THAT THE ~OVE-N~ED PLA~TIFFS HAVE COMMENCED AN ACTION AG~ST YOU. ~. Date: (~a~,~_ /0, o74.~ oz~ By~.~/~Z~6C~k,~/~ ( ) Check here if reverse is issued for additional infomation PROTHON. - 55 I'~OE COPY FROM RE.RD ~:~ Te~iin~ony w~er~L ! hera u~to ~ n~ ha~ DATE RECEIVED DATE PROCESSED SHERIFF'S DEPARTMENT BLAIR COUNTY, PENNSYLVANIA CuURTHOUSE, HOLLIDAYSBURG, PA. t6648 I INSTRUCTtONS: SHERIFF SERVICE I PROCESS RECEIPT, and AFFIDAVIT OF RETURN PHn~ legibly, lnsur,n§ readabdity ol all copies DO not detach any COpies BCSD ENV. # 2 COURT NUMBER SERVE ~" ~ N~M~t)FINDIVIDUAL ~MpAN~`'%c~P~AT~T~ET~T~RV~cE~)E~?~N~PR~PERTYT~BELE~ED`/ATTA~HED~RS~L[~ ~ % 6 ADDRESS iStreet or RFD. Apa,~m~N~.~,ty Boro. TLp.~alean~ZlPCade) A / ) ]'i~ SHERIFF ~ ~,~ ] C~7 ( ~ ~~p~ NOW._ County to execute this Writ and make return thereof according to law. This deputation being made al the request and risk of the plaintiff. 8 SPECIAL INSTRUCTIONS OR OTHER tNFORMATION THAT WILL ASSIST IN EXPEDrTING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION:N B WAIVER OF WATCHMAN Any deputy sheriff ievymg upon or attach,nD any property underwilhinwn SPACE BELOW ¢~R USE OF SHERIFF ~LY ~ DO NOT WRITE BELOW THIS LINE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants No. 2002-2813 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 personably 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 JURY TRIAL DEMANDED NOTICIA Le han demaandado a usted en ia corte. Si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por abogado y archivar en la corte enforma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomato medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinem o sus propiedades o otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Date: August 16, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff VS. Nathan L. Rubendall, and Heather : Sunshyn Gerlach : Defendants : COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 JURYTRIALDEMANDED COMPLAINT 1. The Plaintiff Angela Sheaffer is an adult individual with an address of 35 Regency Woods, South Carlisle, Pennsylvania. 2. The Defendant Heather Sunshyn Gerlach is an adult individual with an address of 305 E. Hudson Ave., Altoona, Pennsylvania. 3. The Defendant Nathan L. Rubendall is an adult individual with an address of 78 Regency Woods South, Carlisle, Pennsylvania. 4. At all times relevant hereto, the Defendant Rubendall was the owner of a certain 1979 Ford Fl00 Custom truck. 5. At all times relevant herein, the Defendant Heather Sunshyn Gerlach was the operator of the Rubendall vehicle. 6. At all time relevant herein, the Plaintiff was a passenger in the back of the Rubendall vehicle. 7. On October 2, 1998, the Defendant Gerlach had obtained her learner's permit and was not a licensed driver in the Commonwealth of Pennsylvania. 8. On October 3, 1998 at or about 3:00 p.m., the Defendant Gerla~;h was unlawfully operating the aforesaid vehicle at or about T573-Appalachian Drive, Middlesex Township, Cumberland County, Pennsylvania. 9. While traveling at a high rate of speed, the Defendant Gerlach careened off of the aforesaid road, descended down a bank striking trees as she went and threw the Plaintiff out of the aforesaid vehicle. 10. The carelessness, recklessness and negligence of the Defendant Gerlach was the sole cause for her losing control of the vehicle and injuring the Plaintiff in that the Defendant Gerlach: a.) operated the aforesaid vehicle at a high and unsafe rate of speed; b.) operated the aforesaid vehicle when she was not licensed to drive; c.) did not see the curve in the road; d.) saw the curve in the road but failed to slow the rate of speed of the aforesaid vehicle; e.) attempted to negotiate the curve at a rate in excess of the rate she could have safely driven through the curve while remaining on her side of the road; f.) violate the following provisions of the Pennsylvania Motor Vehicle code; 75 P.S. 3745; 75 P.S. 3714; 75 P.S. 4581; 75 P.S. 3746. 11. As a result of the Defendant Gerlach's carelessness, recklessness and negligence, the Plaintiff suffered severe and sundry injuries to her person including but not limited to fractures of the T12, L1 vertebrae, soft tissue injuries, and emotional distress. 12. As a result of the carelessness, recklessness and negligence of the Defendant Gerlach's operation of the aforesaid vehicle and the carelessness, rebklessness and negligence of the Defendant Rubendall's negligent ent~ustment of the aforesaid vehicle to the un-licensed Defendant Gerlach, the Plaintiff is entitled to the following past and future elements of damage: a.) medical expenses; b.) lost wages and impairment of economic horizons; c.) pain and suffering; d.) emotional distress; e.) loss of enjoyment of life. COUNT I ANGELA SHAEFFER V. NATHAN L. RUBENDALL INTENTIONAL/NEGLIGENT ENTRUSTMENT 13. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 12 of the within Complaint as if more fully set forth herein. 14. Prior to permitting the Defendant Gerlach to operate the aforesaid vehicle, the Defendant Rubendall knew that the Defendant Gerlach was not a licensed driver in the Commonwealth of Pennsylvania. 15. In the alternative, in the event that the Defendant Rubendall did not know that the Defendant Gerlach was not a licensed driver, he was careless, reckless and negligent by not determining whether the Defendant Gerlach was a licensed driver. 16. The Defendant Rubendall was careless, reckless and negligent in that as the owner of the aforesaid vehicle and the occupant of the truck cab he allbwed the Defendant Gerlach to operate his aforesaid vehicle as hereinbefore set forth. 17. As the owner and occupant of the aforesaid cab, the Defendant Rubendall had the duty and the opportunity to prevent the Defendant Gerlach from operating that aforesaid vehicle in violation of the laws of the Commonwealth of Pennsylvania. 18. As the owner and occupant of the aforesaid cab, the Defendant breached his duty to control the operation of his vehicle and to insure that the Defendant Gerlach was not operating the vehicle in a highly dangerous manner. 19. In the alternative, the Defendant Rubendall was solely or jointly liable with the Defendant Gerlach for the injuries the Plaintiff sustained. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant Rubendall for both compensatory and punitive damages in an amount in excess of the amount for mandatory referral to arbitration. COUNT II ANGELA SHAEFFER V. HEATHER SUNSHYN GERLACH 20. The Plaintiff incorporates herein by reference thereto paragraphs 1 through 19 of the within Complaint as if more fully set forth herein. 21. The Defendant Gerlach intentionally operated the aforesaid vehicle when she knew that she was not a licensed driver in violation of the aforesaid statutes and laws of the Commonwealth of Pennsylvania. 22. The Defendant Gerlach is either solely or jointly liable with the Defendant Rubendall for the aforesaid injuries to the Plaintiff. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant Gerlach for both compensatory and punitive damages in an amount in excess of the amount for mandatory referral to arbitration. Date: August 16, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ~avid W. Knau~-r-.~Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 VERIFICATION David W. Knauer, Esquire takes this verification on behalf of the Plaintiff and the information contained therein is true and correct based on the information that Plaintiff has provided; the Plaintiff is unable to take this verification within the time period allowed for filing the Complaint after the Defendant filed the Rule to File Complaint. (3'~wd W Knae(er IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff COURT Of COMMON PLEAS CUMBERLAND COUNTY Vs. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants No. 2002-2813 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 16th day of August, 2002, serve a true and correct copy of the Plaintiff's Complaint by United States mail, first class, prepaid addressed as follows: Brian N. Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 ~)avid W.'~naue~ ~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff Vs. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 JURY TRIAL DEMANDED PLAINTIFF'S REPLIES TO THE THE DEFENDANT'S REQUESTS FOR PRODUCTION OF DOCUMENTS 1. The Plaintiff has already provided the Defendant with her medical records and the Plaintiff assumes that the Defendant has independently obtained a copy of the police report for the accident that gave rise to this action. 2. See Complaint and Police Report. 3. The Plaintiff has no pictures or diagrams except for the police report. 4. See interrogatories as to discoverable witnesses. 5. The Plaintiff has not yet determined whom she will call at time of trial as her expert witness and reserves the right to supplement the answer to this interrogatory. 6. See medical records previously provided to Defendant's counsel. 7. The Plaintiff objects to providing her income tax returns because she is not making any claim for past or future work loss and therefore the information is not relevant or will not lead to the development of any relevant evidence. Date: September 3, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. 'l~avid W. Knaue~,'il:squire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Nathan L. Rubendall, and Heather Sunshyn Gedach Defendants No. 2002-2813 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 3rd day of September, 2002, serve a true and correct copy of the Plaintiff's Answers to Defendant's Request for Production of Documents by United States mail, first class, prepaid addressed as follows: Brian N. Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 David W. Knauer / ~ Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff VS. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 JURY TRIAL DEMANDED PLAINTIFF'S ANSWERS TO THE DEFENDANT'S INTERROGATORIES 1. Angela Annette Sheaffer. 2. In addition to her full name as set forth in answer no. 1 herein, she has been know as "Angie". 3. For the last ten years the Plaintiff has resided at: 35 Regency Woods South Carlisle, PA 4. On November 11, 1983, the Plaintiff was born at Harrisburg Hospital, Dauphin County, Pennsylvania. 5. The Plaintiff's Social Security Number is: 179-64-5007. 6. The Plaintiff has never been married. 7. The Plaintiff has never served in the Armed Services. 8. The Plaintiff did not own a vehicle at the time of the accident and was not a named insured on her grandmother's policy because she had not reached her sixteenth birthday and therefore was not a licensed driver. 9. The Plaintiff has never been convicted of a felony or misdemeanor. 10. Bob Evans Restaurant: a.) Bob Evans Restaurant, 5302 Carlisle Pike, Mechanicsburg, Pennsylvania. b.) the Plaintiff was a waitress but also at times was a hostess and performed the job of kitchen preparation; c.) the Plaintiff worked at Bob Evans Restaurant for approximately two years; d.) if the Plaintiff was the hostess her hourly rate was $7.25 per hour. If, however, she was performing her work as a waitress she received $2.83 per hour plus tips; e.) the Plaintiff worked between twenty-five and thirty hours per week; f.) See, answer to 10(a) and the Plaintiff's supervisor was Mr. John Calhoun with the restaurant's telephone number being 717-691-1606, or 717-243-0055; g.) the Plaintiff is moving out of state. Ahold (Giant): a.) Giant at Silver Springs Common, Mechanicsburg, Pennsylvania; b.) cashier; c.) the Plaintiff worked at Giant during her sophomore year in high school; d.) the Plaintiff does not remember her rate of pay at Giant; e.) the Plaintiff does not remember the number of hours she usually worked at Giant; f.) the Plaintiff does not remember the name of her immediate supervisor; g.) the Plaintiff left employment with Giant because she did not like her position with Giant; Hardees: a.) the Plaintiff worked at Hardee's restaurant in Middlesex Township, Cumberland County on the Carlisle Pike. b.) - f.) the Plaintiff does not remember the answers to this interrogatory except that she worked there during her freshman year at high school; g.) the Plaintiff left employment with Hardee's because the restaurant closed. 11. Except for this action, the Plaintiff has never made a claim for personal injuries that arose out of any type of accident. 12. The Plaintiff has never suffered any injuries except the normal bumps and bruises of growing up either prior to or subsequent to the accident that gave rise ot this action. 13. See medicals previously provided to the Defendant. During the healing period she was under severe and intense pain that gradually decreased in intensity. She still has intermittent pain that can be related to being on her feet for a long period of time or weather changes. The intermittent pain is a problem for her future because of her working as a waitress in the food service industry where she needs to be on her feet for long periods of time. She performs her duties but endures intermittent pain when doing so. 14. See, medical records previously provided to the Defendant. She received care at the Holy Spirit Hospital Emergency Room and had a customized back brace made at the order of her orthopedic surgeon. 15. See, medical records previously provided to the Defendant. 16. The Plaintiff was in high school at the time of the injuries suffered in the accident that gave rise to this action so that she did not have any past loss wages at that time. As aforesaid, her injuries still give her intermittent pain so that the full future impact of the injuries is not known. 17. The Plaintiff is unsure as to who p[aid for the medical bills she incurred for treatment of her injuries that arose of out of the accident that is the basis for this action. 18. The Plaintiff is currently not under medical care for the injuries she suffered in the accident that gave rise to this action. 19. She was institutionalized when she was in ninth grade for psychological care for a short period of time at York Hospital, York. She also has had her appendix removed. 20. Dr. Brian Uniake, Family Medical Center of Cumberland Valley, South Willow Mill, Park Boulevard, Mechanicsburg, Pennsylvania. 21. Yes. Subsequent to the accident involved in this action, she was in a property damage only accident where a dump truck ran into a portion of the vehicle she was operating at the time of the collision. The accident occurred in Middlesex Township, Cumberland County and a police report was generated. 22. None. 23. See, Complaint. 24. The Plaintiff was sitting in the bed of the pickup truck and when the accident occurred she was thrust forward into the cab of the truck. For further detail of the accident see police report and Complaint. 25. The Defendants. 26. See police report. The Plaintiff has not yet determined who she will call at the time of trial and reserves the right to supplement the answer to this question. 27. 28. 29. See police report. See police report. The Plaintiff was not operating the Defendant's vehicle and her eyesight was not involved in any manner in this accident. 30. No. 31. The Plaintiff has not yet determined who she will call at the time of trial and reserves the right to supplement the answer to this question. 32. Yes. However, it would have been her grandmother with whom she resided at the time of the accident that would have handled that matter. Date: September 3, 2002 Respectfully submitted, KNAUER & ASSOCIATES, L.S.C. ]~avid W. Knauetr,~Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer Plaintiff VS. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Knauer, hereby certify that I did this 3rd day of September, 2002, serve a true and correct copy of the Plaintiff's Answers to Defendant's Interrogatories by United States mail, first class, prepaid addressed as follows: Brian N. Zulli, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 "~a!id Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 ANGELA SHEAFFER, Plaintiff NATHAN L. RUBENDALL and HEATHER SUNSHYN GERLACH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02.2813-CIVIL-2002 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ANSWER. AND NOW, come the Defendants, Nathan Rubendall and Heather Gerlach, by and through her attorneys, Nealon & Gover, P.C., and in response to Plaintiff's Complaint, avers the following: 1. Admitted upon information and belief. 2. Denied as stated. By way of further answer, Defendant Gerlach currently resides at 1071 Harrisburg Pike, Unit 3, Carlisle, PA 17013. 3.-6. Admitted. 7. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and therefore specific proof is demanded at trial. 8. Admitted. 9.-10. Denied pursuant to 1029(e). 11 .-12. After reasonable investigation, the Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and therefore specific proof is demanded at trial. COUNT I ANGELA SHEAFFER v. NATHAN L. RUBENDALL INTENTIONAL/NEGLIGENT ENTRUSTMENT 13. The Answering Defendant incorporates by reference paragraphs 1 through 12 of this Answer to the Complaint as if fully set forth. 14.-15. Denied pursuant to 1029(e). 16.-19. These paragraphs contain conclusions of law to which no specific pleading is required. To the extent the averments contained in this paragraph are deemed factual, they are denied pursuant to 1029(e). COUNT II ANGELA SHEAFFER v. HEATHER SUNSHYN GERLACH 20. The Answering Defendant incorporates by reference paragraphs 1 through 19 of this Answer to the Complaint as if fully set forth. 21-22. These paragraphs state a conclusion of law to which no responsive pleading is required. To the extent the averments within this paragraph are deemed factual, there are denied pursuant to 1029(e). Respectfully submitted, NEALON & GOVER, P.C. Bria~l~N. ;*uli~,/Esquire Attorney I.D ~1o. 85948 2411 North Front St. (717) 232-9900 Date: Attorney for Defendants VERIFICATION We, Nathan L. Rubendall and Heather Sunshyn Gerlach, verify that the statements made in the foregoing Answer are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ~ath~ Su~sh~yn Gerlach CERTIFICATE OF SERVICE AND NOW, this ~/~q~ day of September, 2002, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David W. Knauer, Esquire David W. Knauer, P.C. 411-A East Main St. Mechanicsburg, PA 17055 Eileen S. Smith, S~'cretary Angela Sheaffer Plaintiff Vs. Nathan L. Rubendall, and Heather Sunshyn Gerlach Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 Jury TRIAL DEMANDED TO THE PROTHONOTARY: Mark the docket settled, ended and discontinued. Respectfully submitted, Date: November 4, 2002 'd W. Knau~r, Esquire Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Angela Sheaffer : Plaintiff Vs. Nathan L. Rubendall, and Heather : Sunshyn Gerlach Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2002-2813 JURYTRIALDEMANDED CERTIFICATE OFSERVICE I, David W. Knauer, hereby certify that I did this 4th Day of November, 2002, serve a true and correct copy of the Praecipe to Mark the Docket Settled, Ended, and Discontinued by United States mail, first class, prepaid addressed as Andrew Lehman, Esquire Nealon & Gover 2411 North Front Street Harrisburg, PA 17110 follows: David W. Knauer Attorney for Plaintiff Attorney I.D. No. 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790