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Home My WebLink About95-02758 ~ '- ~ -;il I! ol ~ , ~ I (Ji i I j I J , I I I , :!f) . z ""UI. .,,,y IhlLUMll~ .....~LU .. ""I'M..'UII" JllttAtU,,!\lt "'''111'',," I,U"II".1 "1'111Io11 .IAN'" \of rliMln JtrrMY It f'rAlff,n" ,nlU t, IIVIII HI,",IA'.I, I. III.l)(.'" f .IAM'" \', ",rn~...tlll"~. (.111I.r.r.N rANIAIolIl'W"',1I111 1rt1 ~rMnNIlI"I,,1 "Il""U'" rAt' IMII,L "H'" ~'f'l'Il'I"~ 4(. ;I:~ "t.-I 1~'1I1111 111/11"11""" ~n.... I '14IIr~, ,..' 1'1111'1..' -" ~. ,thllll ".II\'''fl . SOI.OMO:\', Dlt Hl'.1'1I I.J-:n, "'AUlmN, S.rr.\TZ &: FLoon, P r ATTOIl"n'':O .\T f .\,,' :"I<!..' ~'Wrnl' ~IHLC-I SllIlUHilf)W~, "L,.,t4!,n,\''''''I.\ 111,"1)1 4U:I.' 11'1,,""""11 'd,...nT.' :4I'III,,'rLnl '~I'O 101110111111 "r t.J ,"W Fthruary ~Cl, 1')1)7 \,JIU:M'Sll\nLf lONI..)'I-I7171HO;6~6!) 'I1lc Ilnnulahle J 1011)1<11 Shtdy President Judgt CUllllttrland Count)' Cunn UfCOUlWOII Plc,,~ One Counhnnst S<Juare Carlislc, PA 1701.1 Itt:1 I'nlll Ormelu :,"11 Brooke ('lrlllrn~ v. ..rn!'irln SlllInll~ I!.Q.di-cl NU.l T"-43(,S;,.'!,\ Dear Prcsidtnt Jutlcc Shecl\' Please bc a,lvistd IhalllJi5 lJlliec rcprC~tlll~ Puul,lIl<1l1ruukt ClcUJCUS m cunneellOu wilh th~ ahol'l" rcfelcllced mallei, pUlSlIanll1l my Idl1,1101lC cnnVtlSalinll wilh YUllr lifliee oflhis nlnmillg. pic,ISc h~ advised thnt [helic\Cdthi~ malltr had hcen previuusly setlled hy Jelllld S, U~'rschlcr, F.S<JUIIC oflhi, lillll, I ^S Midi, a Prc.'lnal ("lIIklelh'c MCIllUlaJldlllu w,'s IIUI li,rwallledlo YUill' ullke bawd nil lhi~ miscollllllullicatiulI hetwt'ell myself alld !\II IIc/!;chlcr NUIIl'lbcless Mr, Bersdll~ r a<1vistd me Ihol Ihe case is \'CIY close to st:nlilll\ Wid uceolintions art ullly ,$1, ~()() ()O al'all iu tcnll~ Ilfntl!ulialcd scnlcmclIl ulollic~ At ,hi~ timc (awrit a retllm telephllnc rail flllllllh~ C1aillls l~cprc"'1I1ativc lillln Stal~ FUllll (1\-1> Mal'~'ll/jl') ill order fnr her III lIppllll'rialely r~s111l1ld 10 ullr l'UWllt'HklJlllllllln 'ellklll,'II! I\1r Un" IJlel c~ped.d ,I re~lllllsc by Slatc h1nllulllalcl thalll\1l1ndal', Febman' ~l, 1')Q7, hilt I hal.ll1TII advI<c,llhat tbe daonl> Icpreselllalin hll~ h.clIlI\ Ilaul'hlll Conuty Ihis \\'~tk JUt ulhct nlaller~ I"'eall~e lhe l"IIIICS are '" dOlc to rcsllluliun ill this .:a~t II IS lilY feeling Ihal thiS UI,1l1cr \\111 hc sClllcrl ami "aluahlc rnllll lJlUC ~';In he dilc<:ledlo\\'nrd 1II111e IUI",in~ l11atter' Willi Ihe ahuw illlllill.1. I Rllllc'pedlulil ;lol'hll\p lhallllcl"csCll1all\: liol11l1ur linn \\111 nul Lo.- ill 8nellll1nee ot 10Ita)" I'rl~ I'n,,1 CIIllklellce I lillie' ,'1,111111 avail;ohk Itv lelcph III" \IJ ICllcrale Ill)' "'o.:~le Itelicflhallhis eas~' ,hollltl ,enlc IIllre lilt, """1,111". ,'1;01111' Icprc'ellllllivc ,csl'<lRJ, III I11Y rr~\iUIII (all~ In n~dilioll, I a"cmrl~d lllldct'hllne dcf~",e Cl1l!l1,d, Rid",,,! Wi. all" ,,,lvisc hilUllfll,i, illfnrmallllll la" tvellinll, alld ill r.,"1, II deluilelt IUC",l~e "a, kit h) IllC whilh nppr:u,eJ hint ut the imlllillcnl s~llklllcllIlll' this case, Ullfnml1llllciy. M. WI' hilS 11111 heell Jucclh m\lIlvI'" III <C1Ilcll1CIII 11I'rntlallllllS alld Ihelelole I1lny he WIIIW8re oflhis slalm II) ellt'\' III' Ihi, kllt'l, <cnl \i" Iil.:\illlllc III his ullke 11'111 ",I, "c him 01 lhis 1III'0nnallOu ab \\'ell II:! :!1I 1Ii "I,ll 1~:.1.-1 1\\ 11111 ~7!1 ~llll~ i,'illll:' r ~~lA 1::A!:.1)lMll..t: TIIC IlnulIlnbl~ Hnrohl F., Sheely l'l~sideut Judge euwbcrlwld CnulIly CnulI of C 111111110 II I'lcu~ "'chruury 26, 1997 f'ae,c 2 nf2 111"nk yon fur YOUI anlidpnlcd cuullcsic> nlld clIopCr;tlillll ill this IlIaml Shnu\d )I1U hll' C ;111)' questions or requirc nd.lilinunl infimllntinn Idativ~ 10 lhi, lIIottcr, plcasc dn Ullt h~silntc In me Res'Peclfhlly submitlcd, tYl~~ :\1IC1lAY,L L.lll.on;, t:SI)lIIRI': MI.Hltel ec, MOlk SII'Chl, Cumhcllnllcl en, (",urt /ldll1inisllMinu (I'f..l F..KSIMII.1i ON/.I') Rkh.ud II Wlx, Esqllire (DcfclIs~ Coullsel) (1'1..1 FAO'/MIl,f ONl, r: 7/ 7.'b5~,h291J) Jcrnld S, Herschler. Esquire II, II Ii SOLOMON, BERSCHlER, WARREN & SCHATZ, P.C. Ii By: Jerold S. Berlchler, Elqulre I' Attorney I, D, "16105 522 Swede Street Norrlltown, PA 19401 (610) 279-4300 PAUL H, CLEMENS and BROOKE H, CLEMENS, h/w 891 Sunlet Road Telford, PA 16969 VI, GRACIELA SALINAS 32 Terri Drive CarUlle, PA 17013 NOTICE You have b.an .uld In Court. If you wllh to d.fend agaln.t the clalml ..t forth In the following page., you mu.t lIIke action within twenty (20) day. after thl. Complaint and Notice ar. ..rved by ent.rlng e written appearance per.onally or by attorney and nllng In d.fen.e or objection. to claim. let forth agaln.t you. Your are w.rned th.t If you f.1I to do .0 the ca.e m.y proce.d without you and a Judgment may b. .nlllred agaln.t you by the Court without furth.r Notlc. for .ny mon.y clalm.d In the ComplaInt or for .ny oth.r cl.lm or r.U.f requllt.d by IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 95. ;, /) r i /( I" (. - J,. t /,---. JURY TRIAL DEMANDED AVI50 Le h.n d.m.ndado a u.t.d .n la court 51 d.... d.fend.r.. contra la. queja. pr..enlllda., .. ab.olulllm.nt. n.c...rlo que u.t.d r..ponda d.ntro de 20 dl.. de.pu.. de .et ..rvIdo cor e.lII demand. y avl.o, Par. d.f.nder.. .. n.c..arlo que u.t.d, 0 .u .bog.do, r.gl.tr. .1 punto d. vI.lII de u.t.d y cu.lqul.r obj.cclon contra la. qu.j.. en ..,. d.mand.. Recu.rd'j SI u.t.d no r..ponde a.." d.m.nda, .. pu.d pro..qulr con el proce.o .In .u participation, Entonc.. I. cart. pu.d., .In notlnc.rlo d.cldlr a f.vor d.1 d.m.n.nt. y requerlra que u.t.d cum pl. 'I. I I I. the plaintiff, you may 10le con todallal provlllonel de money or property or other elta demanda, Por razon de rlghtl Important to you. ela declllon, el pOlllble que YOU SHOULD TAKE THIS PAPER ulted pueda perder dlnero, TO A LAWYER AT ONCE. IF YOU propledad 0 altrol derechol DO NOT HAVE A LAWYER OR CANNOT Importantel. LLEVE ESTA DEMANDA AFFORD ONE, GO TO OR TELEPHONE A UM ABOGADO IMMEDIATAMEMTE, SI THE OFFICE SET FORTH BELOW TO NO COMOCE A UM ABOGADO LLAME FIND OUT WHERE YOU CAN GET AL, LEGAL HELP, COURT ADMINISTRATOR'S OFFICE CUMBERLAND COUNTY COURT HOUSE 1 Court HOUle Square Carll lie, PA 17301-3387 (717) 240-6200 4, On or about October 31,1993, at approximately 1:05 o'clock p,m" plaintiff, Paul H, Clemens, was operating his vehicle In a southerly direction on SR 34 (Holly Pike) at the Intelsectlon with MaIsh Drive, Middletown Township, Cumbelland County, Pennsylvania, when he .truck a vehicle owned and operated by the defemlant, Graclela Salina., which vehicle was travelling east on Marsh Drive and was atlemptlng to make a lefl turn onto SR 34 when she pulled directly Into plaintiffs lane of travel. 5, The aforementioned accident was the sole and proximate result of the negligence, carele..ne.., recklessne.., wilfulne.. and wanton conduct of the defendant, and was caused In no manner by the plaintiff, 6, Defendant's negligence, carelenne.., recklenne.., wilful and wanton conduct consisted of, IntIr alii, the following: (a) Failing to stop at the stop sign for traffic on Marsh Drive; (b) Failing to have their motor vehicle undel proper and adequate control It the time; (c) Operating said motor vehicle without due regard for the rights, slfety Ind position of pllintlff at the point afolesaid; (d) Failing to maintain a propel lookout and being otherwtse Inattentive in hel operation of slid motor vehicle; .2. 9, As a proximate result of the negligence, carelessness and recklessness of the defendant, acting aforesaid, plaintiffs, Paul H, Clemens and Brooke H. Clemens have been obliged to expend large and various sums of money for medicine and medical treatment In and about endeavoring to treat and cure themselves for their Injuries and they have been advised that they may be obligated to continue to expend such sums for an Indefinite period of time In the future. 10. As a further result of defendant's negligence, carelessness, recklessness, wilful and wanton conduct as aforesaid, plaintiffs, Paul H, Clemens and Brooke H. Clemens have suffered a loss of life's pleasures, and has been unable to purlue their normal dally actlvltlel and occupations, all to their great detriment and harm and all of which they may suffer for an Indefinite time In the future. 11 AI a further result of defendant's negligence, plaintiffs, Paul H, Cldmens and Brooke H, Clemens have or may hereafter Incur olher financial expenJel or losles and they may be obligated to continue to expend such sums or Incur such expenditures for an Indefinite period of time In the future, 12. As a further result of this accident, plaintiffs, Paul H. Clemens and Brooke H. Clemens have suffered severe physical pain, mental anguish and humiliation and they may continue to suffer the same for an Indefinite period of time in the future, .4. 13. As a result of defendant's negligence 81 aforesaId, plalntlffl' earning. and/or earning capacity has been or may be Impaired and may continue to be 10 Impaired for an Indefinite time In the future, all of v.tllch hal been or may be to their great financial damage and 1011, 14, In addition, as a further result of defendant'l negligence al aforelald, plaintiff, Paul A, Clemen. ha. been faced to expend the lum of $500,00 al hll deductible for property damage. WHEREFORE, plalntlffl, Paul H, Clemenl and Brooke H, Clemen. demand I Judgment agaln.t the defendant In an amount In exce.. of Fifty Thoullnd Dollara ($50,000.00), plu. delay damagel, COlts and Intere.tl, SOLOMON, BERSCHlER, WARREN , & SCHATZ, P,C, . . I . BY:---.t; ('\ t. '-... 'J' " - erold S, Berichler, Elqulre AttorneYI for Plalntlffl -6- VERI FICA TION PAUL H, CLEMENS and BROOKE H, CLEMENS, verify that they i are the plllntlffs In the foregoing Complaint and that the statements made therein are true and correct. I understand fllse statements are made subject to the penalties of 18 P. C S 64904, relating tn unllworn falsification to authorities. /) 2" (J;) / 1;? / I ".'-.. ./' '/Ii' I/~/ f /tt/l~- l/ c. t. , Paul H. Clemens \,( ,.~ ~~ :H (JCv-/7'U->,,'v , .-"" Brooke H, Clemens Date: 7>> ay /~]~ /tJ'9~')- In en ~ ,j ''"' '.) \-} ................ .J .., ",j ~ --...;;I- ~ " ~ ~ ~ 1) -,__ . 'f- '~ .".. - <:\, -;:, -,,'-~:;- ~~ i -> -~ r~ " ,--<. 'Y) ( I../! I I -'_/ , . , . B. Was the Defendant's negligence a substantial factor in bringing about the Plaintiffs' harm? C. What amount of damages are the Plaintiffs entitled to for their pain and sUffering? IV. SPECIAL EVIDENTIARY MAT'I'ERS Defendant desires a stipulation as to the authenticity of medical records and employment records. V. WITNESSES A. Graciela Salinas1 B. Tpr. Luke D. Spaseff, Carlisle Police Department1 C. A representative of Erie Insurance Company, if necessary, to establish payments mads on behalf ot the Plaintiffs1 D. Defendant reserves the right to call any of the Plaintiffs' medical care providers or employers. VI. DEFENDANT'S EXHIBITS A. Plaintiffs' medical records1 B. Plaintiffs' employment records1 C. Photographs ot vehicles1 D. Payment records from Plaintiffs' insurance carrier. 2 VII. SETTLEMENT Defendant has offered $25,000.00 on the olaim of Brooke H. Clemens and $2,500.00 on the olaim of Paul II, Clemens. Respeotfully submitted, WIX, WENGER & WEIDNER B~ ( r:-.-.C--( ) ( lL-'-' Riohard II. Wix, 1.0. No. 07274 Attorneys for Defendant 4705 Duke street lIarrisburg, PA 17109-3099 (717) 652-8455 3 PRAECIPE FOR LlST1:-;C C,~SE FOR TRl.~L 1~IUSl be I~pcwriltcn 3nd lubmilletl in Jupliwcl 1'::,,:,,( :'r,t I IX :"cr JLRY ~::1l .1l :~,c ~ut :l:~ ~i ;;\lU :JurL Cl ,') 0 , <-, -q .., I -.."\ ., \ ;-) ,;.'1 , M ,X ; .:'. ... I ' . --, :11 . , " n ". i) rn . . .c;' ~.:! TO THE PROTHO:"OT.~RY of CUIBERL\."D COL::"TY p~c:uc ::u ~~f :'~il':''''~r:'i ;~tl. :'cr :naJ without .1 ;ury. ---------------------------------------------------------------------- C.-'J>T1CN OF CASE (tnllrl c'p"on :null ':e Ilmd :n lull) (,htcx cr.e) PAUL II. CLEMENS and BROOKE II. CLEMENS, h/w Auumflil (Dlllncianl) Pret=ials will be held (Briefs are due 5 days trials. ) (The party listing this case for trial shall provide :orthwith a ccpy ~i the praecipe to all c:cunsel, pursuant to local Rule 214-1.) on Feb. 26, before pre- 1,99 . T:elpu X) i:..,'1I \~,Iot.f Vtbe:e) '.other I I PlIlIlCif) VI. The trial list will be called on Feb. I B, 1997and T::'ials co=ence on March 17, 1991 GRACIELA SALINAS '.1. :\0. <j 5- 2 '/ 51! Cd . "- In;i~all the 111y,ney '\hc ..n:i :rj' ':~SI (::r the ?Jr:y .hlJ ~:l~s ~".II ?~.1fc:Ft: Hichard II. Wix. Esquire, Wix, Wenqer " Weidner. 4705 Duke St.. lIardsbur\l' PA 1'/109-:109Q, (717)652- B455 lncJem 11101 coun,,1 ror olher pm:tI If known: ,] ora I rl !; Solomon, Borschlor, Warron " Schatz, r,c., Norristown. PA 19401. 16101 77Q-4100 H(lrRC'!hlnr. RR.rp1ir(l 522 Swode Streot, ihu ":u, :1 rue)' (er Ir.:J. \ Siir.tc: '. r ., _ ..i'JI ) 1/ ?c:nt ~;I:~,t, Hlchanl II, Wlx, EBuuiro 0...: 12/19/9h "1:":':',\'Y :.~r. llofl!l1dant ,\' r , , I-Ill ltih! li ).(III!\ \ i j ,\: !li\ I, n f H; 1/. I,H /,'i ! I , I II . Lt'J 1 i I . , , " I, 'j . ,1.1 " I ! tll-1! I j,( i !jf if' J,j; , . , I , I. , , ,. , ,PI; /1, Ii! -I..... !!, ,I !p "I i !i' 1, 1- i: I;., 'I. 11=. " Idd ! II/1fT!,! 11111, \Iii' I ',' ~. ; ~ i '\ ;, ;. !I;:\ It J; t"l ... 11; lit' ilt,i II II 1); I I. Hi fi,.! ""1. /;1 t , I I , , I, I I t , , , " , , .' ,. - ;,;:"-,,'(2c:"'" _ /- (.-f(' / ~-"2:~~<-,1-,,~q "; '; flip r 4- ". , , !ll I..,) q..~ '-) ~- \'-j<'r'- c., ,1Yt'-I1v. , t.9rlj I PAUL H. CLEMENS and BROOKE H. CLEMENS, h/w Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-2758 CIVIL TERM v. GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED PRAECIPE FOR APPBARAHCB TOI Lawrence E. Welker, Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Graciela Salinas in the above-captioned matter. WIX, WENGER & WEIDNER c" ilV,/ ). _ _ . ~ II ).~ ~ic~ard H. Wix, ~.D. 107274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: June 15, 1995 $ "" .r., - .. , ., I =-= "I. a- ; , <X> "" ~. II' -;;T I,!, ,0> en 1 " - , ~ ., , --, PAUL H. CLEMENS and BROOKE H. CLEMENS, h/w, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-2758 CIVIL TERM GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED 1l0TICI TO PLIAD TO: Paul H. Clemens and Brooke H. Clemens; and JEROLD S. BERSCHLER, ESQUIRE, Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER .., ", / ) '-- -..------../ . () ~./ . BV_ (. -.' ~. ...._-"" ' . , ,/ _t:_~ Richard H. Wix, I.D. 107274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 8/3/95 PAUL H. CLEMENS and BROOKE H. CLEMENS, h/w, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-2758 CIVIL TERM GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED ANSWBR WITH IlBW HATTIR 1. Admitted. 2. Admitted. 3. The allegations of paragraph 3 are admitted with the exception that the Defendant no longer resides at 32 Terri Drive, Carlisle, Pennsylvania. 4. The allegations of paragraph 4 of Plaintiffs' Complaint are admitted with the exception that it is denied that Defendant pulled directly into Plaintiff's lane of travel, and proof to the contrary is demanded at the time of trial. 5. The allegations of paragraph 5 of Plaintiffe' Complaint are specifically denied, and proof to tho contrary is demanded at the time of trial. 6. The allegations of paragraph 6 of Plaintiffs' Complaint are denied. Specifically, it is denied that Defendant failed to stop for tho stop sign, or that she tailed to have her vehicle under proper and adequate control, or that ehe operated her motor vehicle without due regard for the rights, safety and position of others, or that she failed to maintain a proper lookout, or that she failed to apply her brakes in a proper manner, or that she operated her vehicle at an excessive rate of speed, or that she failed to use due care, or that she in any way violated any of the rules of the road or the statutes of the Commonwealth of Pennsylvania, or that she was in any manner , negligent, and proof to the contrary is demanded at the time of trial. 7. The allegations of paragraph 7 are specifically - .. , denied, and proof to the contrary is demanded at the time of , trial. 8. The allegations of paragraph 8 are specifically denied, and proof to the contrary is demanded at the time of trial. 9. The allegations of paragraph 9 are specifically denied, and proof to the contrary is demanded at the time of trial. 10. The allegations of paragraph 10 are specir ically denied, and proof to the contrary is demanded at the time of trial. 11. The allegations of paragraph 11 are specifically denied, and proof to the contrary Is demanded at the time of - 2 - trial. 12. The allegations of paragraph 12 ale specifically denied, and proof to the contrary is demanded at the time of trial. 13. The allegations of paragraph 13 are specifically denied, and proof to the contrary is demanded at the time of trial. 14. The allegations of paragraph 14 are specifically denied, and proof to the contrary is demanded at the time of trial. NBW HATTIR 15. The accident referred to in Plaintiffs' Complaint was caused in whole or in part by the negligence of Paul II. Clemens. 16. Plaintiff Paul II. Clemens' negligence bars his claim under the provisions of the Pennsylvania Comparative Negligence Act and also makes him liable for the claims of Brooke II. Clemens. 17. The claims of the Plaintiffs are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Reaponsibility Law. - J - VBRIFICATIOIf I, Graciela Salinas, state that I am the Defendant in this matter, and I verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that her statements therein are made subject to the penalties of 18 Pa.C.s.A. Section 4904 relating to unsworn falsification to authorities. J~...LJJ~- raciela Salinas -~ Dated: 'o/.:J/r:;S CBRTIrIOATB or SBRVICB ./...'- ('-' ANO NOW, this ,_) day of -t(~7'....(- , 1995, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Answer with New Matter this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as followsl Jerold S. Berschler, Esquire Solomon, Berschler, Warren & Schatz, P.C. 522 Swede Street Norristown, PA 19401 (610) 279-4300 WIX, WENGER & WEIDNER .-~.---"-'l nL::~~---z:_-----c'_^ Ii. d..~ -. nrchard H. Wix, l.D. #07274 ' Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 ':'::~-=:::.::-=.~-- - ':~=-.:.~~- ~ { w /. ';:1 Q 0 0 ~J ~ :; ~ f- f ,. '" ': '" .J ~., ,C- ., I , .- ~ CO .: f. ... 2 v, ;; ~ '" "' " , G; ~ '^ ~~ ;:: w z z , E . U '" z , " 0 ," "' ;:: ;: /. I- n .. 'J f1.l ,- ~ <.i u 0( . '" " '~ . ;:.-- ii1 , ;..-: 'f~ '" '" ~ ... ~ .~.~..:;:::-=.:.:::.:....;.~,~ .:....;;.:.~:-;:--= ~.=~-~ " SOLOMON, BERSCHlER, WARREN & SCHATZ, P.C. By: Jerold S, Berschler, Esquire Allorney I. D. #16105 522 Swede Street Norristown, PA 19401 (610) 279-4300 PAUL H. CLEMENS and BROOKE H. CLEMENS, h/w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 95-2756 JURY TRIAL DEMANDED vs. GRACIELA SALINAS REPLY TO NEW MATTER 15. Denied. It Is specificolly denied Paul H. Clemens wes negligent in any way, but, that at all times was operating his motor vehicle In a careful and prudent manner, 16. Denied. Same calls for a conclusion of law and Is therefore denied. 17. Denied. Same calls for a conclusion of law and Is therefore denied. 16. Denied. It Is specifically denied that plaintiff, Paul W. Clemens was negligent or that he (a) failed to maintain a proper lookout and was otherwise Inallentlve In his operation of a motor vehicle; (b) operated a motor vehicle without due regard for the rights, safety and position of others; (c) failed to have his motor vehicle under proper and adequate control; (d) failed to apply his brakes in a proper and timely manner; (e) operated his motor vehicle at an excessive rate of speed under the circumstances; or (f) was In any other way negligent WHEREFORE, plainllff demands defendant's Naw Matter be dismissed with prejudice SOLOMON, BERSCHLER, WARREN , & SCHATZ, PC ,.1}y: .2. VERIFICATION PAUL H. CLEMENS and BROOKE H, CLEMENS, verify that they are the plaintiffs In the foregoing Reply to New Malter and that the statements made therein are true and correct. I understand false statements are made subject to the penal lies of 1 B Pa, C,S, ~4904, relating to unsworn falsiflcallon to authorllles, , -. ,,/'./ ((.., I ((" Paul H. C(e-mens ~~/~~~ l6 ~A--;)~ Brooke H. Clemens Date: ~- / f. r; )' . PAUL II. CLEMENS and BROOK II. CLEMENS, h/w, Plaintiffs IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. I I I I I I I I CIVIL ACTION - LAW GRACIELA SALINAS, Defendant NO. 95-2758 CIVIL TERM ORDER OF COURT AND NOW, this ,tl. day of February, 1996, upon consideration of Defendant's Motion to Compel Discovery, a RULE is hereby issued upon the Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY TilE COURT, Jerold S. Berschler, Esq. 522 Swede Street Norristown, PA 19402 Attorney for Plaintiffs Richard H. Wix, Esq. 4705 Duke Street Harrisburg, PA 17109 Attorney for Defendant t uO) \-.0. 4' . .,n.t\.....t.. tot .;J../~lf(lc.. .! ,'. Irc PAUL II. CLEMENS and BROOK II. CLEMENS, h/w, Plaintiffs IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2758 v. CIVIL ACTION - LAW GRACIELA SALINAS, Defendants JURY TRIAL DEMANDED 8Jl.LI AND NOW, this day of , 1996, upon consideration of the Defendant's Motion to Compel Discovery, it is hereby ordered that the Plaintiffs provide complete responses to the Dsfendant's Interrogatories, Sets I and II and supply the documsnts requested in the Request For Production of Documents or show cause why the aforementioned discovery requests ars being withheld. Rule returnable , 1996 at o'clock .m. in Court Room No. BY TilE COUR1'l J. PAUL H. CLEMENS and BROOK H. CLEMENS, h/w, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2758 v. CIVIL ACTION - LAW GRACIELA SALINAS, Defendants JURY TRIAL DEMANDED DlrINDAIlT'8 NOTION TO CONPIL DISCOVIRY 1. This personal injury action arises from an automobile accident that occurred on october 31, 1993. 2. This lawsuit was commenced by Complaint on May 22, 1995. 3. On June 15, 1995, Plaintiffs were served with Interrogatories, Sets I and II. A true and correct copy of the aforementioned Interrogatories are attached hereto as Exhibit "A" and "B" respectively. 4. on June 15, 1995, Plaintiffs were served with a Request For Production of Documents. A true and correct copy of the Request For Production of UocumentB is attached hereto as Exhibit "c" and incorporated herein by reference. 5. As of this date, Plaintiffs have not filed objections to the aforementioned discovery requests, or responses to those requests. 6. The Plaintiffs discovery responses are overdue under the Pennsylvania Rules of civil Procedure. WHEREFOHE, Defendant Grac iela Sal inas respectfully requests your Ilonorable Court to enter an Order compell ing the plaintiffs to " answer Interrogatories, Sets I and II and provide the documents requested in the Defendant's Request for Production of Documents by a date certain or suffer sanctions as provided in Pa.R.C.P. 4019. '.' Respectfully submitted, i \ WIX, WENGER & WEIDNER By: 52-- y~~' .- ~ '// :d~~ ~iclfard H. wix,; . #0727 \ 4705 Duke street Harrisburg, PA 17109 (717) 652-8455 . . i , I I' I I I , I !. , I ! 2 PAUL H. CLEMENS and BROOKE H. CLEMENS, h/w Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-2758 CIVIL TERM GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF BROO~B H. CLEMENS BET - I TOI Brooke H. Clemensl and JEROLD S. BERSCHLER, ESQUIRE, Attorney for Plaintiffs PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of civil Procedure, Rules 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writinq and under oath to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of th~ Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answers and the time of trial of this case, you, or anyone acting in your behalf, learn of any further information not contained in your Answers, you shall promptly furnish said information to the undersigned by Suppl~mental Answers. WIX, WENGER & WEIDNER B~ _ -_ ^-.J/. d~ Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: June 15, 1995 Exhibit "A" ---""'--~_,!!~.-"1't_.-___~-.,- - - ~ 4. If you were involved in an accident provious or subsequent to the accident complained of in this action, state where and when the accident took place, the nature and extent of your injuries and conditions resulting from such accident, including whether or not the injuries or conditions were temporary or permanent, and the names and addresses of the doctors who attended you. ANSWER. 5. If you have ever filed an action against any person for damages for personal injuries, other than this action, state the caption of the case, including the name of the person you sued, the name of the Court, and term and number of the action. ANSWER I 6. state the names and addresses of each employer or business for whom you have worked during the five year period preceding this accident, including the nature of your duties and the dates when you were engaged in such employment. ANSWER I - 2 - 10. State the names, addresses and relation of any persons who are financially dependent upon you, in whole or in part for their support, giving the ages of all such persons and relationship to you. ANSNERI 11. State the names, ages, present addresses and occupations of all of your children and your spouse. ANSNERI 12. State specifically each and every area of your body that was physically injured in the accident referred to in your Complaint, including a completo description of each such injury and your present condition as to each such injury. ANSI~ER I 13. If you still suffer pain from any of your injuries and conditions resulting from the accident referred to in your - 4 - Complaint, state specifically the frequency and'nature of the pain and the injuries from which it emanates. ANSWERI 14. Set forth the manner in which any of your disabilities resulting from the accident referred to in your Complaint have or will affect your earning capacity in the future. ANSWERs 15. what is the name and last known address and present whereabouts, if known, of each person whom you or anyone acting in your behalf knows or believes to have witnessed said accident. ANSWER I 16. What is the name, last known address and prsent whereabouts, if known, of each person whom you or anyone acting in - 5 - your behalf knows or believes to have any relevant knowledge of the conditions at the scene of the accident existing prior to, at or immediately after the same? ^NSI~ER I 17. Give the names and addreqses of any witnesses known to you or your counsel whose names were not given in answer to Interrogatories Nos. 15 and 16, including but not limited to your medical witnesses, whether or not you intend to call any of said persons as witnesses at trial. ANSWEfl: 1a. Set forth each residence address you have lived at in the past ten years, stating tho specifio dates applicable to each such address. ANSWER: - 6 - 19. If you have any permanent scars or disfigurements resulting from any injury sustained in the accident referred to in your Complaint, please state a description of the scar or disfigurement and whether any plastic or reconstructive surgery has been performed or is contemplated. ANS\~ER , 20. If you have sustained, as a result of the accident, any medically determinable physical or mental impairment which has prevented or will prevent you from performing all or substantially all of your customary daily activities, state the nature of the impairment which prevents you from performing such activities and what activities you are no longer able to perform. ANSWER, 21. State whether you have been unable to perform satisfactorily all duties required of you in your employment since the date of the accident, indicating with particularity those duties - , - which you were unable to perform and the names ~nd addresses of all persons having knowledge of such facts, inClUding your supervisors and employers at the time of such incapacities. ANSWER: 22. State the name and address of the company or other persons to whom any claim has been presented by you or anyone acting on your behalf for no-fault benefits or medical and surgical benefits or loss of income alleged to have resulted from the accident referred to in your Complaint. ANSWER: 23., State the identity, address and qualifications of any expert witnesses you expect to call at trial. ANSWER, - 8 - 24. As to each person identified in the preceding Interrogatory, state the substance of the facts and opinions to which he or she will testify, and a summary of the grounds for his or her opinion. ANSWER: WIX, WENGER & WEIDNER By - 9 - PAUL Ii. CLEMENS and BROOKE Ii. CLEMENS, h/w Plaintiffs . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-2758 CIVIL TERM GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF BROO~E H. CLEMENS SET - II TO: Brooke H. Clemens; and JEROLD S. BERSCHLER, ESQUIRE, Attorney for Plaintiffs PLEASE TARE NOTICE that you are hereby required pursuant to Pennsylvania Rules of civil Procedure, Rules 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writin9 and under oath to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If, between the time of your Answers and the time of trial of this case, you, or anyone acting in your behalf, learn of any further information not contained in your Answers, you shall promptly furnish said information to the undersigned by Supplemental Answers. WIX, WENGER & WEIDNER BO~~ .- L,(f k Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: June 15, 1995 Exhibit "n" v. I IN TilE COURT OF COMMOII PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTIOII - LAW I I 110. 95-2758 CIVIL TERM PAUL H. CLEMENS and BROOKE II. CLEMENS, h/w Plaintiffs GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF PAUL H. CLEMENS SET - a TOI Paul H. Clemens; and JEROLD S. BERSCHLER, ESQUIRE, Attorney for Plaintiffs PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of civil Procedure~ Rule. 4005 and 4006, a. amended, to file the oriqinal and serve upon the undersiqned a copy of your Answers and Objections, if any, in writinq and under oath to the followinq Interrogatories within thirty (30) daye after service of the Interroqatories. The Answers shall be inserted in the space provided. If there is insufficient spacs to answer an Interroqatory, the remainder of the Answer shall tollow on a supplemental sheet. These shall be deemed to be continuinq Interroqatorie.. It, between the time of your Answers and the time of trial of this ca.e, you, or anyone actinq in your behalf, learn of any further information not contained in your Answlre, you shall promptly furnish said information to the underliqned by Supplemental Answers. WIX, WENGER' WEIDNER B~l~- -~ ..( ~/. ~~-- Attorney. for Defendant 4705 Duke street Harrisburq, PA 17109-)099 (717) 65Z-8H5 Datedl Jun. 15, 1995 INTERROGATORIES - SET II (MOTOR VEHIOLE ACCIDENTS I 1. If you are a named insured under any policy of motor vehicle insurance, state the name and address of the insurer, the policy number and your tort selection. ANSWER: 2. If the vehicle in which you were an occupant was insured under a policy of motor vehicle insurance, state the name and address of the insurer, the policy number and the tort selection of the named insured. ANSWERI PAUL It. CLEMENS and BROOKE It. CLEMENS, h/w Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIOI{ - LAW v. NO. 95-2758 CIVIL TERM GRACIELA SALINAS, Defendant JURY TRIAL DEMANDED FIRST REOUEST FOR PRODUCTION OF DOCUHENTS TOI Paul H. Clemens; and JEROLD S. BERSCHLER, ESQUIRE, Attorney for Plaintiffs AND NOW, this 15th day of June, 1995, pursuant to Pennsylvania RUles of civil Procedure 4009, as amended, comets) the Defendant by his/her/their counsel, WIX, WENGER & WEIDNER, and request(s) said party to produce for inspection, examination and copying, at the law office of counsel for the requesting party, not later than thirty (30) days after service of this Request, the following documents: 1. All statements, signed statements, transcripts of recorded statements, interviews or affidavits of any person or witness relating to, referring to, or describing any of the events surrounding the alleged accident in question as referred to in Plaintiff's Complaint, including those relating to the happening of the accident or to plaintiff's. injuries or losses. 2. All expert opinions, expert reports, expert summaries or other writings of experts in your custody or control or in the custody or control of your attorney, insurer, or anyone else ExhIbIt "e" , .' . . . . . . ' '. , acting on your behalf, which relate to any aspect of the subject matter of this litigation. 3. All reports, opinions, records, correspondence of all physicians, osteopaths, chiropractors, or other practitioners of . the healing arts who have treated, examined or consulted with you from the date of the accident until the present time, relating to injuries or conditions allegedly arising from the accident in question. 4. All hospital records for you from the date of the accident up to the present time, in connection with treatment of injuries allegedly sustained in the accident in question which is the subject matter of thie litigation. 5. All bills, invoices or statements of charges from all physicians, osteopaths, chiropractors, hospitals, medical associates, or other medical practitioners, relating to treatment, examination or consultation of you, associated with injuries or conditions allegedly sustained in the accident in question which is the subject matter of this litigation. 6. All written records or writings of whatsoever kind in your care, custody or control or in the care, custody or care of your (Plaintiff's) employer, evidencing or dealing with lost wages, lost income or reduced earning capacity allegedly sustained by you as a result of the accident in question which is the subject matter of this litigation. . .. . . . . , " , 7. All photographs, plans, drawings, sketches or diagrams in your possession, custody or control, or in the possession, custody or control of your attorney, your insurer, or anyone else acting on your behalf, dealing with any aspect of this litigation, including but not limited to the vehicles, instrumentalities, or accident site, involved in the accident in question which is the subject of this litigation, including injuries sustained by you. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions of you attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and those documents prepared in anticipation of litigation by your representative which would disclose the representative's mental impressions, conclusions or opinions respecting the value or merit of a claim or defense. 8. All documents prepared by you, or by any insurer, representative, agent or anyone else acting on your behalf, except your attorney, during or as part of an investigation of the accident in question which is the subject matter of this litigation, including injuries sustained by you. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions of your attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and those documents I . . . . . . . , . , . . , " , prepared in anticipation of litigation by your representative which would disclose the representative's mental impressions, conclusions or opinions respecting the Value or merit of a claim or defense. 9. Copies of your Federal Income Tax Returns for the five (5) years preceding the date of your accident up to the present time. (1iQIl.;: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, inclUding correspondence, telegrams, or written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (inclUding copies of any of the foregoing, regardless of whether you are now in the possession, custody or control of the original) now in the possession, custody or control of you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf). · In a death case, all references herein to Plaintiff's losses, injuries, etc. shall mean Plaintiff's decedent's losses, injuries, etc. WIX, WENGER & WEIDNER B~L : - .II. .if ~ Attorneys for Defendant 4705 DUke street Harrisburg, PA 17109-3099 (717) 652-8455 . . . . . . , , OIRTIrICAT! or SIRVIC! AND NOW, this ,'~rl.l day Of"~, 1996, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, hereby certify that I have served a copy of Defendant's Motion to Compel Discovery on this date, by depositing a copy of the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania addressed as follows: Jerold S. Berschler, Esquire Solomon, Berschler, Warren & Schatz, P.C. 522 Swede Street Norristown, PA 19401 WIX, WENGER & WEIDNER By: t~--~-;'- , - . J f lJ ) -~ Richard H. Wix, -I.D. 107274 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 -..---=.... ..;. "",,";-','~'-.-.- . - .. . -=;;::cc;: -- -..,..,.=_'i~ ---.- '--.,.......::==:;-. C" ri ;. c LLl ""J / , b Cl ;:; w ~ t; of ~ ..J ~ Z I , if, , III ~ :.:: V1 Z 5 I '[; ~ ~ 15 Ii i.' ~ ~ ri S LLl , (j f, / ,. IlJ t,: i:s ~~ .~ ~_... f .. .. , ~ 5 ~ " I 'I ~ ',L'1i i-. ~ -. . , " .. , . , ~ , Ii '" < ~ . . . PAUL H. CLEMENS and BROOKE H. CLEMENS, husband and wife, Plaintiffs 4 I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I CIVIL ACTION - LAW I NO. 95-2758 CIVIL TERM V. GRACIELA SALINAS, Defendant ORDER OF COURT AND NOW, this 26th day of February, 1997, this case was listed for the term of civil court commencing March 17th, 1997, on December 20th, 1996, by counsel for the Defendant. The listing notice provides that pretrials will be held today and that pretrial memos are due five days before the pretrial date. Counsel for the Plaintiffs did submit a pretrial memorandum, but he failed to appear for the pretrial conference and never gave any notice to the Court or to counsel for the Defendant why he was not appearing at the pretrial confet"ence. Obviously there are many issues that need to be resolved to have an orderly trial, and the failure of the Plaintiffs' counsel to appear prevented these issues from being resolved/ therefore, I direct that counsel for the Plaintiffs pay to counsel for the Defendant the sum of $450.00 for his time in coming from his firm for the pretrial conference and that that sum be paid to counsel for the Defendant within seven days from receipt of this order. If the sum is not paid, I will not permit counsel for the Plaintiffs to represent the Plaintiffs at trial or in any other matter before this Court. By the court, //1'('/( /V~/ Harold E. Sheely, P.J. Jerold S. Berschler, Esquire For the Plaintiffs Richard H. Wix, Esquire For the Defendant (""'" ,l..l. :V'f/'l'7. r,"" ..,... . ;' {J ....~ . 11th SOLOMON, IlERSCIILER, WARREN, SCHATZ & FLOOI), !'.l', IlV: MICIIAm.1.. IlLOCK, ESQUIRE ATI'ORNEY 1,1), No, 59387 522 SWEDE STREET NORRISTOWN.I'A 19401-4843 610/279-4300 A'n'ORNEY t'OR rLAINl''''FS PAUL II, CLEMENS and IlROOKE H, CLEMENS, h/w : IN THE COURT 01' COMMON PLEAS : CUMBERLAND COUNTY, I'ENNSYLVANIA : DOCKET NO,: 95-2758 v, GRACIELA SALINAS : CIVIL ACTION -LAW ORDER 1'0 SE"'''',E. I)JSCON'I'INIIE AND END 1'0 l'UE PROl'llON01'ARYI Kindly mark the aboVC-CaJllloned case SETTLED, DISCONTINUED AND t:NDED, 1111011 Ila)'lllent of l'rothollolarys cosu only, SO .oI\lON, Bt:RS(:IIU:R, WARREN SUIATZ nA)()D, r.c IlY: