HomeMy WebLinkAbout95-01714
;:
.. f"
'c
a
S
.
'J
---
j
-:::r.
~
'-
~
J
-:r
-
r
-
t{)
cJ
o
t..
""
.
, .
. ". '.. -
.
'. ,< ".' '". ~
~.. ..
~ ~ r':. "
>. ."'.,
: ..:; ,:::: .:.,::. ';..... :',
'... : '..:'::;-:<:;<<; :: ". ':., ,
.' ":';;.:" ..,:',', '.c ":'..i.:' :, :
' . .;.;.':.;~,'<"""\;' ....'. ".:,.... .
.. .'...'.. . .:....'...c:;. :'.....,. '-:'..:.:': ,.; . >0 ....... .....,'....,...".".,. ....
:, ,:: :.,;:; . . : ' ';::,>:'.::,,;:: ,::','V . ,:':':';:::':.?:~':,"S.i;~~1':)f -" Pc,.':: ,.',
. .,:..C '.' ....... "o'.., .,.., ". ." . '>;'\',:;."':~:>:~; .~. ";\.;.:.r,:'.'"."'!"''',~.~\'.',~.'.:.:t',~;..,'~.',~':,'1'~~
"J.: ":. ...,. .,"..- '. . .. .~. '. ",.,"': ,;,,'. 'c'O(,,::!. .~' ".'
:: .', z.:j;}':' ';:":'.: ,,' .. :::. ",:' , . '.. ,', ':. ':";:::<';::";i:\:;:;,~~'~i:~r,
,{':" '::'/":':1~,;"{' ';'i:i"""':' ~~:,:}:..;;.~...~,:;;"" ''': '.;, '.,;' "~"..::C':,:>,,,,~
' ' .:;.":.~':l' :/'," ": <..,.', " '::,:;'(?"'t'i}.::~
' ., ..",...... ,..':i. .co. '., '... '; "..':': . " .'~ L' '-:
: . ,:~:::':~;;Bjf~~, ~';~h;:',' """:: ::,;..:i>:;<: ,"', 'i::;.,:~\t~;~~~
. '?;:':">';:';":":;"~".::;.c:":""'.::"': ':~1"..'.;\"':,
" ;~~; ':-(;,::;,:;"~"~"';(-"'.; .~\ "Ft':: ,:. ~, :~.:~;~~-\ \---
....',,' '.' ,.' " .,":''''''., ....;. c;i.:; , '. ,;,' :"", ',,'In"
.L':".::~ """ . y '.', ',..... , '. ", .'.. ''''''";..~~,.",,,
. ~.;: .... :",' .'. :.: .:.:..:.;/'.:, i'. .', ";~":;~~;>0'j,'i"!',
- ,/'_:,,,,j.\::" ~"'~;~""" >. 'i,.,>::"~ "i-.:~,:",.: " ~ ,. ',- ',.1 \ 0, ~' c>.-...I'.[;..tt
. ,...,':;:' .'""., " ";-::-C':.' co:. ..':'''''' :,::--:.".: . :..", ..:.. '<':":~','-:: ,,'>,1.,:~: "..
'~~'ii;: <,)'C" :;..::;.,...:..:'...: ':',.;;:,' ;";'c"J "':-:'.' '.,,: ';"" ."~",..-:')"'f;,,,.,
;, ,;~~ ;;".: '~:;::~:;;~;'; :,>>~';.~>>";::.:;j>',:/'x.: :;~::;:;; :~:,~';:~H~qJift:,
' :'::::" ,:'\"E'<::<:f:,",:: :",,;,,:~/ ':.i:':.':r ;,:'::C!ti~?:~::l-~~;:::~Z~'
' .,,, '.'c' .,',."..,:,::;; ::;,.,.:,;,;"..t':::;;:;,..,: ,:C.' ..... .'..' ,'t.,." "'''''>':'~ i'\. .
. "C !X"';'" ......,..: ,.'c:';':"":;.', '",..~.'.....' .:., ....'..:'..r.~'':^'',1;.,<
~.H:;':<':' ~,,:,: :':':::""i':~::"/; ';.::Lfr:i:D:';~~"":<:}.) , ':"<;;:~3if~~!
";.".1... ...,..:......, ...... .........'.' ;,',.,:;, ";'~.'.".""
\: . .c' .:i...'; '.' '- .:";.., "C';.."::' ::~:.> ':'. ';....:,":,~.:>:.
, ; ",:.. ',:',,'.. i:.. ::;,.,..:.".<,::::::..,.:",......:.;: .~:,';,;;;'~..:;~;~~;-,.;
I>',:: ,:,::"'. ~!!:~}i '.. :.::. . ,'V...;.... :. ":,...: '. ",." ':;c.' ~'. ;>,,\s;?,\'i'
." . i.." '.i..' :,l', , ;"";', ": y~, 'c' ;.'; '.:: :" '--:', '.,:' ~~:':':~~":;'\'~:i,',:
. '...;.... '. '." ;{i.:: ", ';',' ". .. ." ,.t.;.. . ,...., '.k,
. "";'i:f:,'$::' ::::,t'~~~IY~~ ~.. '''.'; ;:,..;'.. : ":('{:." ''::. .~;, ':k; :\\:,~"il~,',>
;. :',>,:,' ~,~: c. i ; c': ....,. . ".' ''C, ,......'.... ,....~;:,
: "'.> '" , ','< ;.....~.." ','~~ . .'" ::"::":'A:.:tJ';'~~'(;~
.,.....;(.:c.,.;~,...:.'.....";.'i:' .. "',. '" ", .....,,',.'w
. ..,.:.. . ',' ':';. "':' ":;}. '.' :., '::; ::..';:;,...,..,'."".':;.
,';.',~.::.: ;~J ,,":'.' .;, ......,:.,:.,;" ',.' ."';.:.;,,:::.~;:;>:7,;><,~:'~;...,';;
: ::i..'.., .... :-:.; vi',.' .. .' ";,:'.;..'..';" .;.',/" "::.':.;,:,,,:'1::''''
"-',-,'-" ''-'>',;i2 '("'1 :~~?:i.:": ',~ . _ '~.':t..:_'."';..,..,"~..";'"
;;,' , i; "', ';;, ;'.f~ F;,:;; 'i'<
,', ,~:?~::, """':.: :,.' '. . H"':;"",: c.'. ;",?""I.:;i~';.
.' .:'.'; "": ..".:..,~ '...}.': ' '~::;.' "'r::,:":<,:,,',i,r;),~~,.
' . ::\ i", ":~'::"." "~'" "'..' ,'. "I~;-;:::".;;;!i;:;;if{J.&;!
',' p' ..' '. ~:'f?i~L
.. .,< >"';';i;~:;:~:" , . ." .;, ':...,;,,;\,,~
,':::.q::.: ,,', '... , , ,..'.;;'/;:::~;t~~E~:<.
.;,,:',:.} ::,,:.. '. '. . ,'.,,' ,"....- .,'~
.., >' ,
. , <\:r7. '" '. H' 'f', "?~;>l.~.,r."
~ >,
'.
,
.''>,.,
~J":}~:-'
-Ji#
"""
np
: ."
,.
,",'
..: J ~
-."
1-,'
,
LORRAINE T. HULL and
LAWRENCE HULL, her husband,
Plaintiffs
v.
CIVIL ACTION - LAW I' ')
NO. C?S- /7J11 C)L~L V~
, ,
I,
I,
I'
I
I
,
I:
. IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
FANNIE MANNING,
.
.
Defendant
: JURY TRIAL DEMANDED
NOTICB TO DBFEND
d
[
I
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and judgment may be entered
against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested
by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse - 4th Floor
One Courthouse Square
CarliSle, PA 17013-3387
(717) 240-6200
LORRAINE T. HULL and . IN THE COURT OF COMMON PLEAS
.
LAWRENCE HULL, her husband, . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
Plaintiffs . CIVIL ACTION - LAW
.
:
v. : NO.
:
FANNIE MANNING, .
.
.
.
Defendant . JURY TRIAL DEMANDED
.
NOTICIA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas sugnuientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demand as en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previa
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION
BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse - 4th Floor
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
,
'.
LORRAINE T. HULL and
LAWRENCE HULL, her husband,
plaintiffs
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
"
.
f
v.
NO.
FANNIE L. MANNING,
Defendant
JURY TRIAL DEMANDED
Ii
\ :
!
COMPLAINT
1. plaintiffS Lorraine T. Hull and Lawrence C. Hull are
husband and wife, adult individuals, and citizens of the
commonwealth of Pennsylvania who reside at 5235 Meadowbrook Drive,
Mechanicsburq, CUmberland County, Pennsylvania.
2. Defendant Fannie L. Manninq is an adult individual and
citizen of the commonwealth of Pennsylvania who resides at 410 Lamp
Post Lane, Camp Hill, cumberland County, pennsylvania.
3. The facts and occurrences hereinafter related took place
on or about September 9, 1994, at approximately 2:35 p.m., on East
Trindle Road at its intersection with Central Boulevard, Hampden
Township, cumberland county, pennsylvania.
4. At that time and place, Plaintiff Lorraine T. Hull was a
riqht front seat passenqer in the 1984 Honda Accord beinq driven by
plaintiff Lawrence C. Hull.
63750/BHL
5. At that time and place, Plaintiff Lawrence C. Hull
operated his vehicle and was travelling in a westerly direction in
the righthand lane of travel of East Trindle Road at its
intersection with Central Boulevard, Hampden Township, Cumberland
County, Pennsylvania.
6. At that time and place, Defendant Fannie L. Manning was
operating a 1983 Chevrolet Camero and was travelling in an easterly
direction in the left hand lane of travel of East Trindle Road
intending to make a left turn onto central Boulevard, Hampden
Township, cumberland County, Pennsylvania.
7. At that time and place, Defendant Fannie L. Manning
operated her vehicle at a high rate of speed, failed to properly
yield the right-of-way to Plaintiffs' vehicle, and pulled directly
into the Hulls' path and lane of travel of East Trindle Road,
Hampden Township, cumberland County.
8. At that time and place, a violent collision occurred
between the front portion of Plaintiffs' vehicle and the right
front side of Defendant Fannie Manning's vehicle.
COUNT Z
Lorraine T. BUll and Lawrenoe C. Hull v. pannie L. Mannina
9. Paragraphs 1 through 8 of Plaintiffs' Complaint are
incorporated herein by reference.
2
10. The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiffs Lorraine '1'.
Hull and Lawrence C. Hull are the direct and proximate result of
the negligent, careless, wanton, and reckless manner in which
Defendant Fannie L. Manning operated her motor vehicle as follows:
(a) failure to have her vehicle under such control as
to be able to stop within the assured clear
distance ahead;
(b) failure to keep alert and maintain a proper watch
for the presence of other motor vehicles on the
highway;
(c) failure to apply her brakes in sufficient time to
avoid the accident;
(d) failure to travel at a safe speed;
(e) failure to keep a proper watch for traffic on the
highway;
(f) failure to take reasonable evasive action to avoid
the accident;
[
I
!
I'
(g) failure to drive her vehicle with due regard for
the highway and traffic conditions which were
existing and of which she was or should have been
aware;
(h) failure to keep proper and adequate control over
her vehicle;
(i) failure to yield the right-of-way to the Hull
vehicle; and
(j) driving her vehicle upon the highway in a manner
endangering persons and property and in a reckless
manner with careless disregard to the rights and
safety of others and in violation of the Motor
Vehicle Code of the Commonwealth of Pennsylvania.
3
CLAIM I
Lorraine T. Bull v. pannie L. Mannina
11. Paragraphs 1 through 10 of Plaintiffs' Complaint are
incorporated herein by reference.
12. By reason of the above-mentioned accident, Plaintiff
Lorraine T. Hull sustained painful and severe injuries which
include, but are not limited to, dizziness, headaches, cerebral
concussion, cervical strain, blurring and double vision in the
right eye, laceration to her scalp requiring suturing, linear
fracture to the frontal bone, lumbar strain, cardiac contusion, and
chondromalacia of the lateral and medial tibial condyles requiring
surgical repair.
13. By reason of the aforesaid injuries sustained by
Plaintiff Lorraine T. Hull, she was forced to incur liability for
medical treatment, medications, hospitalizations, and similar
miscellaneous expenses in an effort to restore herself to health,
and claim is made therefor.
14. Because of the nature of her injuries, Plaintiff Lorraine
T. Hull has been advised and, therefore, avers that she may be
forced to incur similar expenses in the future, and claim is made
therefor.
15. As a result of the aforementioned injuries, Plaintiff
torraine T. Hull has undergone and in the future will undergo
4
great physical and mental pain and suffering, great inconvenience
in carrying out her daily activities, loss of life's pleasures and
enjoyment, and claim is made therefor.
16. As a result of the aforementioned injuries, Plaintiff
Lorraine T. Hull has been and in future will be subject to great
humiliation and embarrassment, and claim is made therefor.
17. As a result of the aforementioned injuries, Plaintiff
Lorraine T. Hull has sustained work loss, loss of opportunity and
a permanent diminution of her earning power and capacity, and claim
is made therefor.
18. Plaintiff Lorraine T. Hull continues to be plagued by
persistent pain and limitation and, therefore, avers that her
injuries may be of a permanent nature, causing residual problems
for the remainder of her lifetime, and claim is made therefor.
19. As a result of the aforesaid accident, Plaintiff Lorraine
T. Hull has sustained scars which will result in permanent
diSfigurement, and claim is made therefor.
CLAIM II
Lawrenoe C. Bull v. pannie L. Mannina
20. Paragraphs 1 through 19 of Plaintiffs' Complaint are
incorporated herein by reference.
21. As a result of the aforementioned accident and resulting
5
injuries sustained by his wife, Plaintiff Lorraine T. HUll,
Plaintiff Lawrence C. Hull has been and may in the future be
deprived of the care, companionship, consortium, and society of his
wife, all of which will be to his great detriment, and claim is
I:
!'
I'
made therefor.
WHEREFORE, Plaintiffs Lorraine T. Hull and Lawrence C. Hull
demand judgment against Defendant Fannie L. Manning in an amount in
excess of Twenty Thousand Dollars ($20,000.00), exclusive of
interest and costs and in excess of any jurisdictional amount
requiring compulsory arbitration.
, p.e.
lock, Esqu re
. o. 47281
4503 North Front street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: April 3, 1995
'"
.)
...
l'
\1
~ n
~J
,
...
'~
g
-
}
~
~.
~
~
\ti
,
.
~
:.-
P'
~~
tur;
~!: .
lJ.-'
co:,
[':
C,"
~
, ,
'-I'
,;\-
'.-.
.'
G;
, ....
, .
(;:,
h
-.
~ ~ :~j
','.
L;
,~, ~
f..'
L
r'~
C~
.';)
'r-
(j
\.-,
-, ': I *" ~.' '., I
,; :':j
,I.: "
'".
!l
,"",
'J;';::: "!
~.' .. I ! (
i ..... i ~.' ,j
,A'-'- "
.,
:!-""'t.l.,;r" ...
_...l.._'....;-U... ,.~
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
No. 96.4105 Civil Term
LORRAINE T. HULL and
LAWRENCE HULL. her hUBband
Plaintiff
VB.
FANNIE MANNING.
Defendant
VB.
LAWRENCE HULL.
Additional Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appointed by the Court In
this case will sit for the purpose of their eppointment on Friday I 4/17/98, in the Second
Floor Heering Room of the Old Courthouse, Two Courthouse Square, Carlisle. Pennsylvania.
commencing at 9:30 A.M.
All parties are reminded of the requirements of Pa. R. Civ. P. 1305.
Dated: ~/ff
Board of Arbitrators
~~~
William P. Douglas. Esq.
Anne Shepard. Esq.
Richard A. Sad lock. Esq.
Counsel for Plaintiff
Angina 8< Rover
4503 N. Front Street
Harrisburg, PA 17110-1708
Court Adminlstrator's Office
Bullotin Board
Prothonotary's Office
~
.
,
,
7. The Defendant shall pay interest on the outstanding medical expenses at the statutOI)' rate of
10% per aMum.
8. The Defendant shall reimburse Claimant's counsel for litigation expenses in the amount of
$343.70.
9. The parties request that the Judge issue a decision consistent with this Stipulation.
Gena L. Snyder. Claimant
Date:
Fred H. Hait, Esquire
Attorney for Claimant
Alexander 1. Palutis, Esquire
Attorney for Defendant
Date:
Date:
12-,)1-133.' .03:22;:"1 ;:;;>:1'1 CHI"'l: ~ "l33)~1"l':3
...... L. c:.-.
NIdloIIo .. CIIYtIC
.... No......
~..-
I
_.t;o..n.
, ~-...
\. ,
, I
,
,
"
, I
,
I
;'
I
, "
,
,
,
, ,
:1.
; ,
;1,;,
,
~:'
D
GRIFFIE & ASSOCIATES
Attorneys and CoUDSelon At Law
, I
,
I,
,
:' :;.
II "
'.
, ,
TIMETRANs~nTIED:
"
, '
",,:1
2432411
".a1
_Kd__
~'A ITOU
(lI7) aa.8I
I., ..,.....
rAle'" 10 ~
~' · 1:. 1.......
- u""'*__
, ' 'Alml
, :X:=.
: ,
'; I
: ~
,
'!
, . ~,'
, It'
o Ii;'
. i:"
}" I
, ,
:~ ,
. '
i 1l
. I
I:,
: 1
;.1'
, ,
, ,
, ;
I' j.,
-.! I,
,;~.,'::I,J(l;;:":;':'..:.i,, '.
.. " ,j",., " " ,
..-<;. ;;. '," \ ""~:)~' .:. ;'-:,::r ~:,:'
,,~ \. ..>;.,:~l);('r.;,,';" ~.:"l'
::,:..~~ ::'~.l:;').;!~..I,,':::'I~'~'~':., '.'1
,;;'::',:,':::T:.,;{i.,i,,(:,(
~.;. ~"". .1:.'\,.,.,,~4;!1>,',;,'t,r._..:v t" "
" ;-. . .,~ ,. 'I r I', - ,.' ;\, t \'
~'~.', :,::;\\ ;,:.:1.::'"::;'1: :l~::''''' :i.' ';. ;":~ .'~ .'~ ~,
,', :.:.....,.#.' .,:, 'l,!t:: .I}........t .{....L...
~ "\ .;":, ~- ',t. --,,:.,.,., ,"1" j. I~: . ~ ;.'t ~
- ,f" .:'.' .. .:....'...,..I.I"q d' 1, i" .
'\i:'/...." , ;.:,(~i}.,}i::,n: ::,';:::::'i
;I:jl";i
, .~'.. I ~
:' ;',1
,.,'! 'f \!,.' C
1-. .,. - . .:.
TJT'='_ =-.jl
-. ....
.- 0' '-
C":
" .
U~~: ,'.-...1 :;:~
C)(
CC. 0 ~.:.;
t~\ ...... ;)
(~
c' ~ ~. :)
U , .' .
,
i':':': , ::J
.-
.. ..
, J
'-'
CERTIFICATE OF SERVICE
AND NOW, this 7th day of May, 1996, I hereby certify that I have served the
foregoing Praecipe on the following by depositing a true and correct copy of same in the
United States mails, postage prepaid, addressed to:
Richard A. Sadlock, Esq.
Angino & Rovner, P.c.
4503 N. Front Street
Harrisburg, PA 17110-1708
John Flounlacker, Esq.
Post & Schell, P.C.
101 N. Front Street
Harrisburg, PA 17101
9'~d:?
James G. Nealon, iii, Esquire
Dated: May 7,1996
LORRAINB T. HULL and . IN THB COURT OF CONNON PLBAS
.
LAWlUtNCB HULL, ber busband, . CUMBBRLAND COUN'l'Y, PIlNNSYLVANIA
.
.
.
Pla:l.nti.~~s . CIVIL ACTION - LAW
.
.
.
v. : NO. 1714 CIVIL 1995
.
.
FANNIE MANNING, .
.
.
.
De~endant . JURY TRIAL DEMANDED
.
mr.ray OF APP.IL\RJll\lCB
TO THB PR07'HONOTARY:
Please enter m.y appearance ~or De~endant i.n tbe above-
capti.oned case.
POST & SCHELL, P. C.
~,,:tlt"1L,J<f,.a6, L
(; bn Flounlacker, Esqui.re
I.D. NUmber: 73112
101 Nortb Front Street
Harri.sburg, PA 17101
(717 232-5931
,.
Counsel ~or De~endant
Dated: 0//0/95
g;
=
CL-
N'
;r
("-.I'
:.--
.J.~_
4--, .
,.
~-' .'
j .-
c:::J'
~......
==
....
c::r:
'.- :;: ~'~~..:
:.-'
~~'
LORRAINE T. HULL and
LAWRENCE HULL, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 95-1714
FANNIE MANNING,
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER
TO PLAINTIFF' S COMPLAINT
AND NOW ONTO COURT, through undersigned counsel, comes
the Defendant, Fannie Manning, who, in Answer to the Complaint of
the Plaintiffs, respectfully represent that:
1. Denied. After reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis
to the belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
2-3. Admitted.
4-6. Denied. After reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis
to the belief as to the truth of the averments contained in this
paragraph and same are therefore denied I strict proof being
demanded at trial, if relevant.
7-8. Legal conclusions which require no Answers. Where
an Answer is deemed to be required, after reasonable investigation,
Answering Defendant lacks information or knowledge sufficient to
form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
9. Requires no Answer.
10. Legal conclusions which require no Answers. Where
an Answer is deemed to be required, after reasonable investigation,
Answering Defendant lacks information or knowledge sufficient to
form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
11. Requires no Answer.
12-19. Denied. After reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis
to the belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
20. Requires no Answer.
21. Denied. After reasonable investigation, answering
Defendant lacks information or knowledge sufficient to form a basis
to the belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being
demanded at trial, if relevant.
2
NEW MATTER
22. The Plaintiffs may have failed to state a cause of
action upon which relief can be granted.
23. The applicable Statute of Limitations may have
expired prior to the institution of this action.
24. Answering Defendant was not negligent.
25. Any acts or omission of answering Defendant alleged
to constitute negligence were not substantial causes or factors of
the subject incident and/or did not result in the injuries and/or
losses alleged by the Plaintiff.
26. The incident and/or damages described in Plaintiffs I
Complaint may have been caused or contributed to by the Plaintiff.
27. The negligent acts or omissions of other individuals
and/or entities may have constituted intervening, superseding
causes of the damages and/or injuries alleged to have been
sustained by the Plaintiff.
28. The Plaintiff may have assumed the risk.
29. The Plaintiff may have been contributorily
negligent.
30. The incident I injuries and/or damages alleged to
have been sustained by the Plaintiff were not proximately caused by
answering Defendant.
3
31. The Plaintiff. may not have properly mitigated his
damages.
32. The Defendant, Fannie Manning in accordance with the
Pennsylvania Rules of Civil Procedure of 2252(d) hereby join, as
additional defendant, Lawrence Hull I
for the purpose of
contribution and/or indemnification, hereby averments said
plaintiff Lawrence Hull is alone liable to Plaintiff Lorraine T.
Hull, is liable over to join Defendant or is jointly or severly
liable to/with the joined Defendant.
WHEREFORE, Defendant Fannie Manning, hereby prays that
the Complaint be dismissed, at the costs of Plaintiffs, or in the
alternative, for the relief alleged in Paragraph 32 above.
Respectfully submitted,
POST & SCHELL, P.C.
Yofrr~ ~
/John Flounlacker, Esquire
'/101 North Front Street
Harrisburg, PA 17101
(717 232-5931
Counsel for Defendant,
Fannie Manning
Dated: 0! I I q S'
4
CERTIFICATE OF SERVICE
I. Jeannie L. Kawalec, an employee for the law firm Post
& Schell, P.C., hereby state that a true and correct copy of the
foregoing Defendant's Answer with New Matter to Plaintiff's
Complaint was served upon all counsel of record by first class
United States mail, postage prepaid, addressed as follows, on the
date set forth below:
Bv First Class U.S. Mail:
Richard A. Sadlock, Esquire
4503 North Front Street
Harrisburg, PA 17110
Plaintiff's Attorney
Dated: ~!/ /9 S
POST & SCHELL, P.C.
~i~~
~annie L. Kawalec
5
LORRAINE T. HULL and . IN THE COURT OF COMMON PLEAS
.
LAWRENCE HULL, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs CIVIL ACTION - LAW
:
v. : NO. 95-1714
:
FANNIE L. MANNING,
.
.
Defendant . JURY TRIAL DEMANDED
.
PLAINTIFFS' REPLY TO NEW MATTER
AND NOW come the Plaintiffs, by and through their attorneys,
Angino & Rovner, P.C., and hereby enter the following Reply to the
New Matter of Defendant as follows:
22. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied.
By way of
amplification, Plaintiffs' Complaint does state a cause of action
upon which relief may be granted.
23. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied.
By way of
amplification, Plaintiffs most certainly instituted the instant
action well within the statute of limitations.
24. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied.
By way of
69641/LAS
amplification, answerinq Defendant was most certainly neqliqent as
more specifically stated in Plaintiffs' Complaint. Plaintiffs
incorporate their Complaint herein by reference.
25. Defendant's averment is a conclusion of law to which no
responsive pleadinq is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, the acts and omissions of answering Defendant
constituted negliqence and were substantial causes and factors of
the subject incident and did result in the injuries and losses
sustained by the Plaintiffs as more specifically stated in
Plaintiffs' Complaint. Plaintiffs incorporate their Complaint
herein by reference.
26. Defendant's averment is a conclusion of law to which no
responsive pleadinq is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, Plaintiffs in no way caused or contributed to the
incident or their damaqes. By way of amplification, all of
Plaintiffs' injuries and damaqes were caused by the carelessness,
recklessness, neqliqence and wantonness of the instant Defendant as
more specifically stated in Plaintiffs' Complaint. Plaintiffs
incorporate their Complaint herein by reference.
2
27. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, Defendant's averment lacks the specificity required
by the Pennsylvania Rules of civil Procedure. Further, all of
Plaintiffs' injuries and damages were caused solely and directly as
a result of the negligence, carelessness, wantonness and
recklessness of the instant Defendant.
28. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, Plaintiffs did not assume the risk of their
injuries. Further, as previously stated herein, Plaintiffs were
not negligent or careless. All of Plaintiffs' injuries and damages
are recoverable in the instant action.
29. Defendant's averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifica1l7 denied. By way of
amplification, as previously indicated herein, Plaintiffs were not
negligent in any way. All of Plaintiffs' injuries and damages were
caused solely and directly as a result of the negligence,
carelessness, wantonness and recklessness of the instant Defendant.
3
VERIFICATION
We, Lorraine T. Hull and Lawrence HUll, verify that the facts
set forth in the foregoing Plaintiff's Reply to New Matter are true
and correct to the best of our knowledge, information, and belief.
We understand that false statements herein are made subject to the
penalties relating to unsworn falsification to authorities.
.y
\,
i.a.. ~ -'
T. Hull
{))j.PU!AA/c.f
rence Hull
Date:~ U /r/r;
8 19C(5
I
8m/LAS
CERTIFICATE OF SERVICE
I, Marcy L. Moyer, an employee of the law firm of Angino &
Rovner, P.C., do hereby certify that I am this day serving a true
and correct copy of PLAINTIFFS' REPLY TO NEW MATTER on the
fOllowing via postage prepaid, first class United states, requested
addressed as follows:
John Flounlacker, Esquire
Post & Schell, P.C.
101 North Front Street
Harrisburg, PA 17101
James G. Nealon, III, Esquire
Caldwell & Kearns
3631 North Front Street
Harrisburg, PA 17110
~~)tI fYl~.JJ{A
Mar y . oyer /
Date: June 14, 1995
"
"
"
!'
"
:\
I
~
-
~>-
...'-
I-~
"",-,.b-r
':::: ;l:t> Ji
It..oU..i
:I.~O:"
''J '-;c-J
0., '-'''r--
".,' JU}
;1I~,-;x.~
::::lJ,tuJ:
t.." '.:.;,1.,1
I .;1':~"
''J
~c,,;..
s::
o
....
('I')
-.:r-
-
""
-=:
01,
...
'.
LORRAINE T. Hull and . IN THE COURT OF COMMON PLEAS
.
LAWRENCE HULL, her husband, CUMBERLAND COUNTY, PENNSYLVANIA
.
.
plaintiffs . CIVIL ACTION - LAW
.
.
.
v. NO. 95-1714
.
.
FANNIE L. MANNING, .
.
.
.
Defendant . JURY TRIAL DEMANDED
.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance in the above matter on behalf of
Lawrence Hull in his capacity as Additional Defendant only.
Respectfully submitte?,
CALDWELL & KEARNS
re
By:
(
l.l.....!.,...-:....--'"
I> ames G. Neal
Attorney 1.0.
Attorneys for Additional
Defendant, Hull
Dated: ,,-/&
52772.1
, 1995
3631 N. Front Street
Harrisburg, PA 17110
717-232-7661
.
..
'-
CERTIFICATE OF SERVICE
AND NOW, this day Q.~'i!_ / & , 1995, I hereby certify
r:7
that I have served a copy of the within document on the following
by depositing a true and correct copy of the same in the u.S. Mails
at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Richard A. Sadlock, Esquire
ANGINO & ROVNER, P.C.
4503 N. Front Street
Harrisburg, PA 17110-1708
John Flounlacker, Esquire
POST & SCHELL, P.C.
101 N. Front Street
Harrisburg, PA 17101
52772 .1
,tt,.<.1JT 1c.-
III, ~
U">
cr>
-
:c:
0-
m
'.::J
,,~ >-.
"
..1'
td ~-. J'
c;'r.:
j~~ l';'
C_..>.'
-:r
~
en
L
,
" '
:z:
'"
--,
;.j.
Q
en is
z . I- ~
0 ..
a: ~ ~ ... Z
<( c <( II: ~
0: ..J I-
III 0 VI
~ . I-
0: I- ~
0 <( z
~ u UI 0 z
~ >- II: Z
-' c .. bJ
. bJ
-' 0 Z :r II.
I-
III ,;; II: II: Ii
~ " 0 0
w II:
0 .. l: z :J
0
-' 0: <( M ID
<( . .. Ul
U c M it
II:
<(
:z:
..
..
.
.,
LORRAINE T. HULL and . IN THE COURTS OF COMMON PLEAS
.
LAWRENCE HULL, her husband, . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
Plaintiffs . CIVIL ACTION - LAW
.
v. NO. 95-1714
.
.
FANNIE L. MANNING, :
.
.
Defendant : JURY TRIAL DEMANDED
PLAINTII'I'S' MOTION TO COMPEL
DISCOVERY 01' DEPENDANT PANNIE MANNING
Plaintiffs, by and through their attorneys, Angino & Rovner,
P.C., respectfully move this Honorable Court to compel Defendant
Fannie L. Manning to file full and complete answers to Plaintiffs'
discovery requests for the following reasons:
1. The instant action was commenced by the filing of a
Complaint on April 3, 1995.
2. On April 19, 1995, counsel for Defendant Fannie L.
Manning filed an Entry of Appearance.
3. On April 20, 1995, Plaintiffs forwarded to Defendant
Fannie L. Manning Interrogatories and Requests for Production of
Documents. Copies of these discovery requests are attached hereto
as Exhibits A and B.
4. On June 5, 1995, Defendant Fannie L. Manning forwarded to
Plaintiffs Interrogatories and Requests for Production of
Documents.
73282/CLN
..
5. On June 23, 1995, Plaintiffs responded to Defendant's
Request for Production of Documents, and on July 6, 1995,
plaintiffs filed Answers to Defendant's Interrogatories.
6. On June 1, 1995, Defendant Fannie L. Manning filed an
Answer with New Matter.
7. On June 14, 1995, Plaintiffs filed their Reply to
Defendant Fannie L. Manning's New Matter.
8. To date, Defendant Fannie L. Manning has not responded to
Plaintiffs' Interrogatories and Request for Production of Documents
and said responses are overdue.
9. On July 6, 1995, Plaintiffs' counsel wrote to counsel for
Defendant Fannie L. Manning and requested responses to the
Interrogatories and Request for Production of Documents. A copy of
the letter is attached hereto as Exhibit c.
10. Defendant Fannie L. Manning has failed to comply with all
the discovery requests as required by Pa.R.C.P 4005 and 4006.
11. All of the discovery sought by Plaintiffs through their
Interrogatories and Request for Production of Documents is relevant
to the instant action.
12. Defendant Fannie L. Manning has had more than ample time
to respond to Plaintiffs' Interrogatories and Request for
Production of Documents.
-.,
13. Our Rules of civil Procedure provide for the liberal
granting of discovery.
14. Pa.R.C.P. 4019 provides that upon motion of a party, the
Court can make an appropriate order when a party "fails to make
discovery." Pa.R.C.P 4019(a) (viii).
15. plaintiffs, therefore, believe that answering all of
Plaintiffs' discovery requests would not burden or oppress
Defendant Fannie L. Manning.
16. plaintiffs are represented by Richard A. Sadlock,
Esquire, of the firm of Angino & Rovner, P.C., 4503 North Front
street, Harrisburg, PA 17110, (717) 238-6791.
17. Defendant Fannie L. Manning is represented by John
Flounlacker, Esquire, of the firm Post & Schell, P.C., 101 North
Front Street, Harrisburg, PA 17101, (717) 232-5931.
WHEREFORE, plaintiffs respectfully request that this Honorable
Court order Defendant Fannie L. Manning, to respond to Plaintiffs'
Interrogatories and Request for Production of Documents.
Plaintiffs further request that should Defendant Fannie L. Manning
fail to comply with the Court order, then said Defendant should be
prohibited from presenting any testimony at the trial of this
matter, precluded from entering defenses to plaintiffs' claims at
~
6'
;:;:
)>
.."
LORRAINE T. HULL and . IN THE COURT OF COMMON PLEAS
.
LAWRENCE HULL, her husband, . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
Plaintiffs . CIVIL ACTION - LAW
.
.
.
v. . NO. 95-1714
.
.
.
FANNIE L. MANNING, .
.
.
.
Defendant . JURY TRIAL DEMANDED
.
PLAINTIFFS' REOUEST FOR PRODUCTION OF
DOCUMENTS DIRECTED TO DEFENDANT FANNIE L. MANNING
TO: Defendant Fannie L. Manninq
and her counsel,
John Flounlacker, Esquire
I
Ii
r A. sadl~ck, squ re
.0. o. 47281
4503 North Fr~ treet
Harr u~,-v.K 17110
(717) 238-6791
Counsel for Plaintiffs
R
Date:
April 20, 1995
Ii
PLEASE TARE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and
4009 and/or F.R.C.P. No. 34, please furnish at our expense, at our
office, on or before thirty (30) days of service hereof, a photostatic
copy or like reproduction of the materials concerning this action or
its subject matter which are in your possession, custody or control
and which are not protected by the a~torney/client privilege, or, in
the alternative, produce the said matter at said time to permit
inspection and copying thereof.
1. Any and all documents referred to, relating to, or
pertaining to any answer to any Interrogatory.
2. Any and all documents containing information relating to any
answer to any Interrogatory.
3. Any and all statements concerning this action or its subject
matter obtained by you or anyone acting on your behalf.
4. Any and all investigation reports, except those protected
from discovery, prepared by you or by anyone on your behalf in regard
to the evaluation and litigation of the instant action.
5. Any and all curriculum vitae for each and every person whom
you expect to call as an expert witness at trial.
6. Any and all expert reports from each person whom you expect
to call as an expert witness at trial.
7. Any and all writings, memoranda, reports, statements and
records, etc., Which you, your company and/or client possess concern-
ing the case, investigation or review of the plaintitt and his case.
.
8. Copies of all statements, memoranda, summaries of other
writings, documents, diagrams and pictures obtained from your inves-
tigation, your insurance company's investigation or your attorney's
investigation into the incident involved. You need not supply any
attorney's "work product" or other material which is specifica.Lly
excepted as privileged by the above rule.
9. All documents in your possession, custody or control pre-
pared in anticipation of litigation or trial of this case, except
those documents which disclose the mental impressions of your attorney
or your attorney I s conclusions, opinions, memoranda, notes or sum-
maries, legal research or legal theories, and except those documents
prepared in anticipation of litigation by your representatives to the
extent that they would disclose the representatives' mental impres-
sion, conclusions, or opinions respecting the value or merit of the
claim or defense.
10. To the extent that you have not already provided the ,same in
response to previous requests herein, all statements obtained from any
witnesses or memoranda of conversations with witnesses or recordings
of witnesses' statements made or obtained during the course of the
investigation or matters relating to this law suit, and all such
statements, memoranda, or records made by parties to this law suit or
their representatives.
11. To the extent not already provided in response to pr~vious
requests herein, all statements made by any party to this action,
including written statements, signed or otherwise adopted or approved
.
by the person making it, or stenographic, mechanical, electrical or
other recording or transcription thereof, which is a substantially
verbatim recital of an oral statement and contemporaneously recorded,
as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34.
12. To the extent that you have not already provided the same,
copies of all records, documents and memoranda which have any bearing
upon the matters alleged against the requesting party or upon the
responsibility of the requesting party for the matters alleged against
the requesting party.
13. To the extent not already provided, copies of all experts'
reports made or secured by you in connection with your investigation
of the matters relating to this law suit.
14. To the extent not already provided, copies of all exhibits
which you intend to offer into evidence at the trial of this matter.
15. To the extent not already provided, all photographs, motion
pictures, diagrams, maps, surveys, plans and models of the site of the
incident and of the vehicles in question that are in your possession.
16. Copies of Declaration Sheets for each and every policy
insuring you against the claims made in the instant action.
17. Any and all documents which evidence any facts on the basis
of which you will assert a defense against the cause of action stated
in the Complaint.
.
LORRAINE T. HULL and
LAWRENCE HULL, her husband,
Plaintiffs
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 95-1714
FANNIE L. MANNING,
Defendant
JURY TRIAL DEMANDED
PLAINTIFFS' INTERROGATORIES
DIRECTED TO DEFENDANT FANNIE L. MANNING
TO: Defendant Fannie L. Manning
and her counsel,
John Flounlacker, Esquire
ANG
. .
adlock, Esqu re
1.0. No. 47281
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: April 20, 1995
"
1;
I!
63882/KLH
I
I
.
Plaintiffe, through their attorney, hereby propound the following
Interrogatories to defendants pursuant to Pennsylvania Rule of
Civil Procedure 4006 to be answered within thirty (30) days from
service thereof. These Interrogatories shall be deemed to be
continuing Interrogatories. If, between the time of your answer
to said Interrogatories and the time of the trial of this case
you, or anyone acting on your behalf, learns the identity and
whereabouts of any other witnesses not identified in your said
answers, or if you obtain or become aware of additional requested
lnformation not supplied in your answers, you shall promptly
furnish the same to plaintiffs' attorney by a supplemental
answer.
For the purposee of these Interrogatories, "you or "your" refers
to the defendants and their files and all other persons, ~ents
or representatives of the defendants and their files. You"
shall further include all persons on whose behalf defendants
prosecuted thie action and all persons who will benefit or be
legally bound by the results of this action. Your answer to the
Interrogatories shall reflect and contain the knowledge of all of
the above persons.
References to plaintiff and/or defendant shall be interpreted as
aingular or plural, depending upon the particular circumstances
of each case.
The term "description" or "describe" as used herein shall mean
that the defendants shall set forth the name and address of the
author or originator, dates, title or subject matter, the present
custodians of the original and of any copies and the last known
address of each custodian. "Document" shall mean any written,
printed, typed or other graphic matter of any kind, whether
handwritten, typed or printed, whether distributed or
undistributed. It shall include without limitation letters,
memoranda, articles, etudies, notebooks, diaries and notes, as
well as all mechanical and electronic sound recordings or
transcripts thereof in the possession or control of the
defendants or known by them to exist. It shall also mean all
copies of documents by whatever means made.
Answer each Interrogatory in the space following the Interrogatory.
Supplemental sheets may be attached for answers which require
additional space. Please take notice that you are required' to
serve upon the undersigned your answers in writing within thirty
(30) days pursuant to the Pennsylvania Rules of Civil Procedure.
These Interrogatories are deemed continuing and supplemental
answers should seasonably be provided.
3. If you were not the owner of the motor vehicle but were
the operator, give the name and address of the party who gave you
the authority to use the vehicle you were driving at the time the
accident in question occurred and state what instructions, if
any, were given to you prior to operating the vehicle.
ANSWER
1
6. Did you consume any alcoholic beverage, sedative,
tranquilizer, marijuana,
cocaine,
hashish or other drug,
medication or pill during the eight hours immediately preceding
the incident referred to in the Complaint? If so, state:
(a) the nature, amount and type of item consumed:
(b) the amount of time over which consumed:
(c) the names and addresses of any and all persons who have
knowledge as to the consumption of those items: and
(d) the names and addresses of the physician (s) or other
person(s) who gave, purchased or prescribed any of the
said items.
ANSWER
I
8. State whether you were performing any act in connection
with your employment at the time of the incident in question.
ANSWER
~
9. Give the carrier name, policy number and policy limits
for each and every policy insuring you against the claims made in
the instant action.
ANSWER
ll. With regard to each individual you expect to call as an
expert witness at trial, state the following:
!
(a) date of birth:
(b) name and address of present employer, and if self-
employed, name and address of the business;
(c) full formal educational background, with date of
attendance and degrees obtained;
(d) a list of all writings and/or documents of any kind
prepared in whole or in part by the expert; and
(e) names and addresses of all persons, firms or corpora-
tions who have retained this expert in the past ten
years to render a report or testify as an expert
witness.
ANSWER
14. As of the time of the incident referred to in the
Complaint, please state whether or not you were familiar with the
location where the occurrence happened and state the nature and
ext.mt of your familiarity, indicating the number of times you
had visited the location where the incident took place within the
last year.
ANSWER
16. Describe as accurately as possible what you were doing
immediately prior to this incident, and all circumstances
surrounding this incident.
ANSWER
19.
negligent
injured?
position.
Do you contend that the Plaintiff was contributorily
or that the Plaintiff assumed the risk of being
If so, state precisely the facts that support your
ANSWER
20. Are you or anyone acting on your behalf in possession
ot or know of the existence of any photographs, blueprints,
sketches, drawings, diagrams or plans of the instrumentalities,
locality, equipment, tools or any other thing or matter involved
in the incident in suit? If so, state:
(a) the nature of the document, the name(s) and address(es)
of the person(s) preparing such document, and the date
of its preparation;
(b) the name(s) and address (es) of the person(s) presently
having possession or custody of each such document:
I (c) the specific subject matter of the document;
:1
Ii (d) the date it was made or taken; and
I (e) what the document purports to show, illustrate or
represent.
ANSWER
21. Have you ever been charged for any violation of the
motor vehicle traffic laws or ordinances of any state or
municipality arising from the incident involved in this action.
If so, state:
'(a) the specific violation with which you were charged;
(b) the manner in which you were charged, i.e. citation;
(c) by and before whom you were charged:
(d) the verdict rendered and/or fine paid regarding said
violation; and
Ie) the court involved.
ANSWER
22. Have you or anyone acting on your behalf conducted any
investigations of the incident which is the subject matter of the
Complaint? If so, identify:
(a) each person and the employer of each person who con-
ducted any investigation;
(b) the dates of investigation; and
lc) all notes, reports or other documentation prepared
during or as a result of the investigations, and the
identity of the person who has possession thereof.
ANSWER
~
~
.
.
23. If your attorney has completed an investigation, please
provide the name, address, and telephone number of all witnesses
identified in the investigation.
ANSWER
I
I
,
I
I
(a) the date, time and place: and
(b) the precise language or wording of each action, viola-
tion or offense as it appeared on your license.
26. At the time of the incident referred to in the
Complaint, did your license contain any reference to any prior
actions, violations or offenses committed by you? If so, please
state:
ANSWER
33. Have you ever had an operator's license suspended or
revoked? If so, state:
(a) time and location of suspension or revocation;
(b) period of time of said suspension or revocation,
including dates;
(c) reason for such suspension or revocation; and
(d) whether such suspension or revocation was lifted.
ANSWER
34. Have you made any statement, whether in writing, tape
recording or otherwise, to any person(s) regarding any of the
events referred to in the Complaint? If so, state:
(a) the name (s) and address (es) of the person (s) to whom
such statement was made;
(b) the date of such statement;
(c) the form of the statement, i.e., written, oral, record-
ing device, or stenographer;
(d) whether such statement, if written, was signed: and
(e) the name(s) and addressles) of the person Is) presently
having custody of such statement.
ANSWER
35. Identify all exhibits which you expect to offer into
evidence at the time of trial of this case.
ANSWER
36. State whether there was an accident report made
regarding the subject incident, and, if so, the place where such
report was filed.
ANSWER:
These Interrogatories shall be deemed to be continuing. If
between the time of your answers to these Interrogatories and the
time of trial of this case, you or anyone acting on your behalf
learn the identity and whereabouts of any other witness(es) not
identified in your answers, or if you obtain or become aware of
additional requested information not ~upplied in your answers, you
shall promptly furnish same to the undersigned by supplemental
answers.
I
I
~
ii
Ii
I
ANGINO
,
'---- ..
~
ard lI. Sadloc re
1.0. No. 47281
4503 North Front street
HarriSburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: April 20, 1995
i
I:
,
I!
II
,:
11
I
CERTIPICATE 01' SERVICE
I, Marcy L. Moyer, an employee of the law firm of Angino ,
Rovner, P.C., do hereby certify that I am this day serving true and
correct copies of PLAINTIPFS' INTERROGATORIES DIRECTED TO DEFENDANT
on the following via postage prepaid, first class United states,
requested addressed as follows:
John Flounlacker, Esquire
Post, Schell, P.C.
101 North Front Street
HarriSburg, PA 17101
'-nJ1t.1f1j:;1: )1~PA__
Marc L. M yer
Date: April 20, 1995
j:
II
I,
!I
II
"
"
Ii
JOSEPH hc.MEi.hi.o
TDlIY S. m'MAN
DA\'IDL LL'TZ
IolJClIAEI. E. KOSIK
PAMELA O. SIMdAN
CAlllERIl'"E M. MAIlADY.SMmI
R1Cl1A11D A. SADLOCK
DA\'JD S. "1S~"ESKI
;''UW C: OLSON
MIClIAEI.I. NAVlTSKY
::tOBIN J. W.D'nI I "-
LAWRENCE P. BARONI!
DAWN L IENNlNOS
SlVIlEN R. I'I!IlERSEN
SOLOMON Z. KAEVSKY
IOSEPH M. DORIA
ANGINa & ROVNER, P. C.
UsnD IN
TIlE BEST IJ.WYERS
-IN-
AMERICA
R1Cl1A11D C. ANOINO
NEIL I. ROVNEIl
July 6, 1995
John Flounlacker, Esquire
Post, Schell, P.C.
101 North Front Street
Harrisburg, PA 17101
RE: Hull v. Mannina
Dear Mr. Flounlacker:
Plaintiffs'
Defendant's
Answers
to
Enclosed are
Interrogatories.
As I reminded you prior to the June 27, 1995 depositions, your
Answers to our Interrogatories and Response to our Request for
Production of Documents are now long overdue. Please provide me
with answers to these proper discovery requests within five days of
the date of this letter, or I will have no alternative but to file
a Motion to Compel.
.""
Thank your for your prompt attention to
RAS/mlm
Enclosure
666SS/MI.H
H03 NORTH FRONT STREET. HARRISBURG. P4 17110.1708
(7171 238-l17Pl
FAX (717) 238.5010
. .. . .
., ,.
CBRTI.ICATB O. SERVICE
I, Marcy L. Moyer, an employee of the law firm of Angino ,
Rovner, P.C., do hereby certify that I am this day serving a true
and correct copy of PLAINTU.S I MOTION TO COMPEL DISCOVDY O.
DE.ENDANT .ANNXB MANNING on the following via postage prepaid,
first class United states, requested addressed as follows:
John Flounlacker, Esquire
Post, Schell, P.C.
101 North Front street
Harrisburg, PA 17101
James G. Nealon, III, Esquire
Caldwell , Kearns
3631 North Front Street
Harrisburg, PA 17110
M~r1t.~~ ff)~ A-/
Date: August 2, 1995
/0
~.
~~
D
c,Q;.
... .
~~
1;;
~"-
~ ;/:~:,,~~l
:'; ,-; ,<" I. '"
.
.
>
1
4
F
Ln
!;.T>
",J
I
I
....,
!
,~
:..,
-:....
. .
. .
.. . . .
LORRAINE T. HULL and
LAWRENCE HULL, her husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 95-1714
FANNIE MANNING,
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I. Jeannie L. Kawalec, an employee for the law firm Post
& Schell, P.C., hereby state that a true and correct copy of the
Interrogatories and Request for Production of Documents was served
upon all counsel of record by first class United States mail,
postage prepaid, addressed as follows, on the date set forth below:
Bv First Class U.S. Mail:
Richard A. Sadlock, Esquire
4503 North Front Street
Harrisburg, PA 17110
Plaintiff's Attorney
POST & SCHELL, P.C.
Dated'~cfJ(~sr~
w (J~ ~G'rq.wlh,.iy-b('/u:/irIPlrJ }:,'-/77tJ1?"'t"f
&u.-..- /d1-<-' itu-s -= ~tJ &s. I~IJ/..i;.-s r /~4!.
J./-)f i?"'l 0r ,'(:;f; ." 'of- 4= cor, \?fiC' 5' U
(~) ?~<<1 ~L l;~/7-fl
f.>d..t I!....L, f ~ V-n-" (jw
. '0 ..
. .
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LORRAINE T. HULL and
LAWRENCE HULL. her husband,
v.
NO. 95-1714
FANNIE L. MANNING.
Defendant
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled, satisfied, and discontinued and issue
a Certificate of Settlement.
ichar . adlock, Esquire
1.0. No. 47281
4503 North Front Street
Harrisburg, P A 171 J()
(717) 238-6791
Counsel for Plaintiffs
Date: September IS, 1998
cc: Paul Grego, Esquire
13HHI6IMLB
'>- r- E;;
~ N
~.
~ts N =.-, o:t
z Oz
n ::c D.l
:r 0.- ~~~
is.- -'" -
f}{' \D =:5
,.
c: ;;;
~LL ll.. 11::1:1
".l~
a::-, ..... :0
F (I) ~-
~.
Lt. CI:l ::J
0 O"l U