HomeMy WebLinkAbout95-01524
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FRANCES J. KRAMER and
FRANK KRAMER, her husband,
Plaintiffs
#8
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PATRICK M. SULLIVAN,
Defendant
: No. 95-1524 CIVIL TERM
IN RE: PRF.-TRIAL CONFERENCE
A pre-trial conference was held in the chambers
of Judge 01er on Wednesday, October 22, 1997. Present on behalf
of the Plaintiffs was Timothy A. Shollenberger, Esquire,
aasisted by Pete Leone, Law Clerk. Defendant was represented by
Karen S. coates, Esquire.
This is a negligence action arising out of a
motor vehicle accident on July 19, 1993, on the Carlisle Pike in
Hampden Township, when a vehicle which Plaintiff Frances J.
Kramer was driving was rear-ended by a vehicle which Defendant
was driving. Plaintiff Frances J. Kramer allegedly suffered
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back and neck soft tissue injuries. Plaintiff Frank Kramer sues
for loss of consortium.
This will be a jury trial in which each side will
have four peremptory challenges for a total of eight. The
estimated duration of trial is two days.
Issues which may be expected to arise at trial
include: (1) whether a jury interrogatory on the issue of
substantial factor should be dispensed with; (2) whether
photographs of the vehicles involved in the accident will have a
proper foundation and will be relevant for purposes of
admissibility; and (3) whether a medical expert may express an
:
opinion on prognosis to a reasonable degree of medical
probability aa opposed to a reasonable degree of medical
certainty.
Briefs on these issues are requested from counsel
a day prior to the commencment of the trial term.
Counsel are considering the possibility of
SUbmitting this case to binding arbitration, with high/lOW
figures being agreed upon. They are requested to notify the
Court Administrator promptly if such a reference to arbitration
is to be made.
To the extent that any videotape or other
deposition testimony is to be shown or read to the jury and
contains objections to be ruled upon by the trial Court, counsel
are directed to furnish copies of the transcript(s) of such
deposition testimony to the Court at least a day prior to the
commencement of the trial term, with the areas of objections
being pursued highlighted and with brief memoranda in support of
their respective positions.
Defendant's counsel has agreed that she will not
be presenting evidence of a $300.00 damage estimate to
plaintiff's vehicle; Plaintiff's counsel has agreed that he will
not challenge the authenticity of photographs of the Plaintiff's
vehicle (While not conceding the admissibility of such
photographs).
Plaintiffs are not making any claim for special
damages in the form of medical expenses or wage losses.
with respect to settlement negotiations,
"
Defendant has offered $6,000.00, and a demand of $12,000.00 on
behalf of Plaintiffs, if such a demand was in fact made, has
been withdrawn.
By the court,
J
J.
Esquire
Timothy L. Shollenberger,
1820 Linglestown Road
P.O. Box 60545
Harrisburg, PA 17106-0545
For the Plaintiffs
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Karen S. coates, Esquire
THOMAS, THOMAS & HAFER
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
For the Defendant
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FRANCES J. KRAMER and
FRANK KRAMER, Her
Husband,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiffs
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NO,
CIVIL ACTION - LAW
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PATRICK M, SULLIVAN,
Defendant
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
PLEASE ISSUE A WRIT OF SUMMONS AGAINST THE DEFENDANT,
PATRICK M. SULLIVAN, DEFENDANT PATRICK M. SULLIVAN CAN BE
SERVED AT 3612 KENT DRIVE, MECHANICSBURG, CUMBERLAND COUNTY,
PENNSYLVANIA.
RESPECTFULLY SUBMITTED,
LAW OFFICES OF
TIMOTHY A. SHOLLENBERGER
Attorneys for Plaintiffs
DATE: March 22, 1995
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FRANCES J. KRAMER and
FRANK KRAMER, Her
Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1524 CIVIL TERM
v.
CIVIL ACTION - LAW
PATRICK M, SULLIVAN,
Defendant
JURY TRIAL DEMANDED
NOTICE
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 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(s}, 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 COURTHOUSE
Court Administrator's Office
1 Courthouse Square
Carlisle, PA 17013-3367
(717) 240-6200
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FRANCES J. KRAMER and
FRANK KRAMER, Her
Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1524 CIVIL TERM
v.
CIVIL ACTION - LAW
PATRICK M. SULLIVAN,
Defendant
JURY TRIAL DEMANDED
NOTICIA
LE HAN DEMANDADO A US TED EN LA CORTE, Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se
defiende, la corte tomaro medidas y puede entrar una orden
contra usted sin previo aviso 0 notoficacaion y por
cualquier queja 0 alivio que es pedido en la peticion do
demanda, usted puede pcrder dinero 0 sus propiededas 0
otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO TIENE ABOGADO 0 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 ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY COURTHOUSE
Court Administrator's Office
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
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FRANCES J. KRAMER and
FRANK KRAMER, Her
Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1524 CIVIL TERM
v.
CIVIL ACTION - LAW
PATRICK M, SULLIVAN,
Defendant
JURY TRIAL DEMANDED
COMPLAINT
AND NOW come the Plaintiffs Frances J. Kramer and Frank
Kramer, Her Husband, by their Attorneys, the Law Offices of
Timothy A, Shollenberger, and do respectfully represent the
following:
Facts Applicable to All Counts
1. Plaintiffs, Frances J. Kramer and Frank Kramer are
husband and wife and adult individuals who currently reside
at R.D. 111/ Box 995 A-3, Shermansdale, Cumberland County,
Pennsylvania 17090.
2. Defendant, Patrick M. Sullivan, is an adult
individual who currently resides at 3612 Kent Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter set forth
took place on or about July 19, 1993/ at approximately 1:53
p.m. on the car.lisle Pike, Hampden Township, Cumberland
County, Pennsylvania.
4. At the above-referenced time and place the
Plaintiff, Frances J. Kramer was operating a Chevrolet
Blazer, in the eastbound lane of the Carlisle Pike.
5. At the above-referenced time and place the
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Defendant, Patrick M. Sullivan was operating a 1984 Ford LTD
in the eastbound lane of the Carlisle Pike.
6. At the above-referenced time and place, traffic
proceeding in the same direction as Plaintiff and Defendant
was governed by a stop light.
7. At the above-referenced time and place the
Plaintiff, Frances J. Kramer was stopped in a li~e of
traffic that was stopped for a red traffic light,
8. At the above-referenced time and place the
Defendant, Patrick M, Sullivan failed to bring his vehicle
to a stop and collided with the rear of the vehicle being
operated by the Plaintiff, Frances J. Kramer.
9. The aforesaid collision was the direct and
proximate result of the negligence of the Defendant, Patrick
M. Sullivan in operating the 1984 Ford LTD in a careless,
reckless and negligent manner as follows:
(a) In operating his vehicle at an excessive
rate of speed under the circumstances;
,
(b) In failing to apply the brakes in time
to avoid hitting the rear of Frances J.
Kramer's vehicle;
(c) In failing to observe Frances J,
Kramer's vehicle on the highway;
(d) In permitting or allowing his vehicle to
strike and collide with the rear of the
vehicle operated by Frances J. Kramer;
(e) In failing to exercise the high degree
of care required of a motorist entering
an intersection;
(f) In failing to drive at a speed and in
the manner that would allow Defendant to
stop within the assured clear distance
ahead in violation of ~ 3361 of the
I.^W 01 fln~ Of
TIMOTIII' A, SlIlll.l.ENnfRGER
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(d) extreme mental and physical anguish;
and,
(e) post traumatic right carpal tunnel
syndrome.
12. As a direct and proximate result of the aforesaid
injuries, Plaintiff, Frances Kramer has undergone and in the
future will undergo great pain and suffering for which
damages are claimed.
13. As a further result of this collision, Plaintiff,
Frances Kramer may incur reasonable and necessary medical
and rehabilitative costs and expenses in excess of the
amounts paid or payable pursuant to Subchapter B of the
Pennsylvania Motor vehicle Financial Responsibility Law,
Workers' compensation or any program, group contract or
other arrangement for payment of benefits as defined in 75
Pa. C.S,A. ~ 1719.
14, As a further result of the aforesaid injuries,
Plaintiff, Frances Kramer has sustained a permanent
diminution in her ability to enjoy life and life's pleasures
for which damages are claimed.
15. As a further result of the aforesaid injuries,
Plaintiff, Frances Kramer has incurred or may hereinafter
incur financial expenses and losses which exceed sums
recoverable under the limitations and exclusions of the
Pennsylvania Motor Vehicle Financial Responsibility Law for
which damages are claimed.
WHEREFORE, the Plaintiff, Frances Kramer demands
judgment of the Defendant, Patrick M, sullivan, for
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Frances J. Kramer , being duly sworn according to
law deposes and says that she is the Plaintiff
the foregoing action; that the facts and allegations
contained herein are based upon fa~ts given by the
Plaintiff to her Counsel and are true and
correct to the best of hpr knowledge, information and
belief; that the language of said ~omp]aint
is that of her
has relied upon counsel in
in
counsel and that she
making this -Complaint
based upon __ her
information.
Sworn to and subscribed before me,
"l',otary PUblic, this ''1Jn<.. day of
{Y;thIJ"A.. , 19-L.
NOTARIAL IlEAl.
REllCCCA S, RUSllATCIf, NOTARY PUOLIO
HARRISBURll, DAUPHIN DOUH1Y
MY COMMISSION EXPIRE8 JUNE 21l, 11l1l8
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CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct CDPy of the
fDregoing Praecipe for Entry of Appearance by first class mail, postage prepaid,
addressed to the following:
Timothy A. Shollenberger, Esquire
1820 Unglestown Road
P. O. Box 60545
Harrisburg, PA 17106-8212
., oat(]r, 13
, 1995
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THOMAS. THOMAS 110 HAFER
BY: Karen S. Coato., Esqulro
Identlllcotlon No, 62B64
306 North Front Stroot
P,O, Do. 999
Harrloburg, PA 17108,0999
FRANCES J. KRAMER and FRANK
KRAMER, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 95-'524 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
v.
PATRICK M. SULLIVAN,
Defendant
ANSWER TO COMPLAINT WITH NEW MATTER
,. Denied. After reasDnable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of the averment and proof is
demanded.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. After reasonable investigation, Defendant is wlthDut knowledge
or information sufficient to form a belief as to the truth of the averments and proDf is
demanded.
8. Admitted.
9. Denied. The averments of Paragraph 9 including subparagraphs (a)
through (k) constitute legal conclusions to which no response is required. By way of
further answer, it is specifically denied that Defendant Patrick M. Sullivan was
negligent, careless and reckless in any manner whatsoever. More particularly, it is
specifically denied that Defendant was careless, reckless and negligent:
(a) In operating his vehicle at an excessive rate of speed under the
circumstances;
(b) In failing to apply the brakes In time to avoid hitting the rear
of Frances J. Kramer's vehicle;
(c) In feillng to observe Frances J. Kramer's vehicle on the
highway;
(d) In permitting or allowing his vehicle to strike and cDllide with
the rear of the vehicle operated by Frances J. Kramer;
(e) In failing to exercise the high degree of care required of a
motorist entering an intersection;
(f) In failing to drive at a speed and in the manner that would
allow Defendant to stop within the assured clear distance ahead in
violation of ~ 3361 of the Pennsylvania Motor Vehicle Code;
(g) In failing to properly observe traffic signals controlling
Defendant's direction Df travel;
(h) In operating his vehicle in a recklass manner so as to cause
harm to the Plaintiff, Frances J. Kramer, in violation of ~ 3736(a) of the
Pennsylvania Motor Vehicle Code;
(I) In failing to keep a reasonable IDOk-DUt fDr other vehicles
lawfully on the road;
(j) Failing to have his vehicle under proper and adequate control;
- 2 -
(k) In otherwise operating his vehicle in a careless, reckless and
negligent manner and In a manner violating the Pennsylvania Motor
Vehicle Code.
COUNT I
Frances J. Kramer v. Patrick M. Sullivan
10. Paragraphs 1 through 9 of Defendant's Answer to Complaint are
Incorporatad herein by reference.
11. Denied. The averments Df Paragraph 11 cDnstitute legal conclusions to
which no response Is required. By way Df further answer, the averments of Paragraph
11, includIng sUbparagraph (a) thrDugh (e) are specifically denied since after
reasDnable Investigation, Defendant Is without knowledge Dr information sufficient to
form a belief as to the truth Df the averments and proof is demanded.
12. Denied. The averments of Paragraph 12 constitute legal cDnclusions to
which no response is required. By way of further answer, the averments of Paragraph
12 are specifically denied since after reasonable InvestlgatlDn, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments
and proof Is demanded.
13. Denied. The averments Df Paragraph 13 constitute legal conclusions to
which no response is required. By way of further answer, the averments of Paragraph
13 are specifically denied since after reasonable investigation, Defendant Is without
knowledge or infDrmation sufficient to form a belief as to the truth of the averments
and proof is demanded.
- 3 -
14. Denied. The averments of Paragraph 14 cDnstitute legal conclusions to
which no response is required. By way of further answer, the averments of Paragraph
14 are specifically denied since after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments
and proof is demanded.
15. Denied. The averments of Paragraph 15 constitute legal conclusions to
which no response is required. By way of further answer, the averments of Paragraph
15 are specifically denied since after reasonable investigation, Defendant is without
knowledge or information sufficient tD form a belief as to the truth of the averments
and proof is demanded.
WHEREFORE, Defendant Patrick M. Sullivan respectfully requests this court to
enter judgment in his favor and against Plaintiff Frances Kramer.
COUNT II
Frank Kramer v. Patrick M. Sullivan
16. Paragraphs 1 through 15 of Defendant's Answer to Complaint are
incorporated herein by reference.
17. Denied. The averments of Paragraph 17 cDnstitute legal conclusions to
which no response is required. By way of further answer, the averments of Paragraph
17 are specifically denied since after reasonable investigation, Defendant is without
knowledge Dr information sufficient to form a belief as tD the truth of the averments
and proof is demanded.
- 4 -
WHEREFORE, Defendant Patrick M. Sullivan respectfully requests this court to
enter judgment In his faVDr and against Plaintiff Frank Kramer.
NEW MATTER
18. Any and all damages. injuries and losses allegedly sustained by the
Plaintiff are due to the negligence and carelessness of Plaintiff and such cDnduct
serves to reduce Dr bar her recovery pursuant to the terms of the Pennsylvania
Comparative Negligence Act, 42 Pa. C.S. ~7102.
19. Any recovery to which Plaintiff may be entitled to Is limited by prDvisiDns
of the Pennsylvania Motor Vehicle Financial Responsibility Law including but not
limited to 75 Pa. C.S. ~ 1705 and ~ 1722.
20. The alleged conduct of Defendant Patrick M. Sullivan was not the
proximate cause of any Injuries and/or damages sustained by the Plaintiff.
21. It is believed and therefore averred that Plaintiff Frances Sullivan selected
or was otherwise bDund by a limited tort option under the automobile insurance policy
applicable to this accident and said policy was in effect on the date of the accident.
22. By virtue of the applicability of the limited tort option contained in the
policy insuring the Plaintiff. Plaintiff is hereby precluded from recovering any amounts
for non-ecDnomlc damages which may be the result of the impact occurring on July
19,1993.
- 5 -
"!
23. Plaintiff's Complaint fails to state a cause of action against Defendant
'!
Patrick M. Sullivan.
ii
I.
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,
WHEREFORE, Defendant Patrick M. Sullivan respectfully requests this court to
enter judgment in his favor and against Plaintiffs.
ren . C s, q
Attorney I. D. # 52654
305 North Front Street
P. O. BDX 999
Harrisburg, PA 17108-0999
(717) 237-7121
ATTORNEYS FOR DEFENDANT
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FRANCES J. KRAMER and
FRANK KRAMER, Her
Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1524 CIVIL TERM
v.
CIVIL ACTION - LAW
PATRICK M. SULLIVAN,
Defendant
JURY TRIAL DEMANDED
ANSWER TO NEW MATTER
AND NOW comes the Plaintiffs, FRANCES J. KRAMER and
FRANK KRAMER, Her Husband, by and through their attorneys,
LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and do respectfully
answer the Defendant's New Matter as follows:
18. Paragraphs 18 of the Defendant's New Matter is in
the nature of a conclusion of law and thus requires no
responsive pleading.
19. Paragraph 19 of the Defendant's New Matter is
in the nature of a conclusion of law and thus requires no
responsive pleading.
20. Paragraph 20 of the Defendant's New Matter is
in the nature of a conclusion of law and thus requires no
responsive pleading. To the extent that an Answer is
required, the Plaintiff is, after reasonable investigation,
without knowledge sufficient or belief as to the truth of
said averments and said averments are therefore denied and
strict proof thereof demanded at the time of trial.
21. Paragraph 21 of the Defendant's New Matter is
denied. On the contrary, the Plaintiff's third party bodily
injury claim is governed by the full tort option.
22. Paragraph 22 of the Defendant's New Matter is
denied, On the contrary, Plaintiff is not precluded from
recovering amounts for non-economic damages which may be the
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TIMllTIII' A, SIIOLLENIIEIlUEIl
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AFPlDAvrr
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS
Frances J. Kramer , being duly sworn according to
law deposes and says that she is the Plaintiff in
the foregoing action; that the facts and allegations
contained herein are based upon facts given by the
Plaintiff to her counsel and are true and
correct to the best of her knowledge, information and
belief; that the language of said Answer to New Matter
is that of Plaintiff
that she has relied upon counsel in
Answer to New Matter
counsel and
making this
based upon
her
information.
rances
Sworn to and subscribed before me,
this 5th day of
, 19~.
HOT~6~ pUBLlO
~ B, RIJ6MTOl, HOTN\Y
_.. _....IDA. DAIJPllIH COIJI'lTY
~"f:xp,RE6JU1lE25.1-
l1:f CQl.\IoIIS8lOIl
l^W ornr:F.5 OF
TIMOTIIY ^, SllOLLENnEllGm
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17I711H,17N . F^X 1117) lJ4-6111
Certificate of Service
I, Rebecca S. Rusbatch, Secretary to, Timothy A.
Shollenberger, Esq., do hereby certify that I have served a
copy of the within Answer to New Matter by depositing a true
copy in the United States Mail, postage paid, at Harrisburg,
Pennsylvania, addressed as follows:
Karen S. coates, Esq.
Thomas, Thomas & Hafer
P. O. Box 999
Harrisburg, PA 17108-0999
Law Offices of
Timothy A. Shollenberger
Attorneys for Plaintiffs
Date: February 5, 1996
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