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HomeMy WebLinkAbout02-4072 MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. O~ - /.f07~ (}/'ulL /8.IL~ CIVIL ACTION - LAW v. BRIAN PONTIUS Defendant 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 claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARY HOOVER and RAYALLEN HOOVER, Wire and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. O~- JjO?:J... C~~L ~~ CIVIL ACTION - LAW ( v. BRIAN PONTIUS Defendant AVISO USTED HA SlOO DEMANDADO / A EN CORTE. Si usted de sea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda 0 cualquier otra reciamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. tX2-Ij07~ C;L>~l <=-y~ CIVIL ACTION - LAW BRIAN PONTIUS Defendant COMPLAINT AND NOW, comes the Plaintiffs, Mary Hoover and Rayallen Hoover, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully set forth as follows: 1. Plaintiffs, Mary Hoover and Rayallen Hoover, are adult individuals currently residing at 837 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Brian Pontius is an adult individual currently residing at 651 W. Lisburn Road, Apt. A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter stated took place on or about September 16, 2000 at approximately 4: 10 p.m., at the intersection of Orrs Bridge Road and Mountain View Road in Hampden Township, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, it was daylight, the road surface was dry, and there were no adverse weather conditions. 5. At the aforernentioned time and place, Plaintiff Mary Hoover was an owner and the operator of a 1999 Chrysler Town & Country minivan stopped on Orrs Bridge Road at its intersection with Mountain View Road facing south and waiting to turn left onto Mountain View Road. 6. At the aforementioned time and place, Defendant Brian Pontius was the owner and operator of a 1988 Volkswagen Jetta and was traveling in the opposite direction of the Hoover vehicle. 7. At the aforementioned time and place, Plaintiff Mary Hoover had made a turn left onto Mountain View Road when Defendant Pontius passed an unidentified vehicle on the right side of the unidentified vehicle and right berm of the road and collided with the Hoover vehicle. 8. The collision between the two vehicles caused the injuries to Mary Hoover set forth below. COUNT I MARY HOOVER v. BRIAN PONTIUS NEGLIGENCE 9. Paragraphs 1 through 8 of the Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in fuli. 10. The accident was caused solely by the negligence and carelessness of Defendant Pontius and was in no way caused or contributed to by Plaintiff Mary Hoover. 11. The negligence and carelessness of Defendant Brian Pontius consisted of one or more of the following: a. inattentiveness; b. operating his vehicle at an excessive rate of speed under the 2 circumstances; c. failing to have his vehicle under proper and adequate control; d. failing to apply his brakes in time to avoid the collision with the Hoover vehicle; e. negligently applying the brakes; f. failing to observe the Hoover vehicle lawfully on the highway; g. failing to operate his vehicle in accordance with existing traffic conditions and traffic controls; h. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; 1. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; J. negligently passing the unidentified vehicle on the right; and k. passing a vehicle on the right when not safe to do so. 12. As a direct and proximate result of the accident, Plaintiff Mazy Hoover suffered severe and what may be permanent injuries, which may include the following: a. difficulty sleeping; b. pain with overhead movement of her right arm; c. difficulty lifting secondazy to pain; d. muscle spasms of her trapezius and rhomboid muscles; e. tenderness of her right shoulder; and f. severe aggravation of her pre-existing Crohn's disease including several surgeries. 13. As a direct and proximate result of the accident, Plaintiff Mazy Hoover incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 14. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Mazy Hoover has been advised and, therefore avers, that the aforementioned injuries may be permanent in nature and effect and, thus, a claim for these injuries is made. 3 15. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Mary Hoover has undergone in the past, and will continue to undergo in the future, great pain and suffering, and thus, a claim for these losses is made. 16. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Mary Hoover has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered, and may continue to incur the same in the future, and thus, a claim for these losses is made. 17. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Mary Hoover suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made. 18. As a direct and proximate result of the injuries sustained in the motor vehicle accident, Plaintiff Mary Hoover suffered a loss of earnings and an impairment of her earning power and capacity, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Mary Hoover demands judgment on the Defendant, Brian Pontius, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. COUNT II RAYALLEN HOOVER v. BRIAN PONTIUS LOSS OF CONSORTIUM 19. Paragraphs 1 through 18 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 4 20. As a direct and proximate result of Defendant Pontius' negligence, Plaintiff Rayallen Hoover has been forced to incur the loss of society, companionship and services of his wife, Mary Hoover. 21. Plaintiff Rayallen Hoover will continue to incur the same losses in the future, and thus, a claim for these past and future losses is made. WHEREFORE, Plaintiff Rayallen Hoover, demands judgment on Defendant Brian Pontius, in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars and in excess of an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By /4 tfJ r/ Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff 5 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, Mazy Hoover and RAyalien Hoover, hereby verify that we are the Plaintiffs in the foregoing action and that the attached Complaint is based upon the information which has been gathered by ourcounsel in preparation of this lawsuit. The language of the Complaint is that of counsel and is not ours. WE have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Complaint is that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. 13 4904 relating to unsworn falsifications made to authorities. ./~",O'<,,--.J MA Date: t:~J-(}#- (;) 'iQ. ~ 'i & 0 0 G 0 w CJ C l'" " , ~ !;: ~ ~-J .ll...l ""1JtT (7) 'j.3! rrtrT: !.....~ '\l ~ r Z::r '" h C2 655",-:; -.! (S -<'.,..- r;;c} -0 c, r ~[3 :;;:: , 5~_T~ ~ "';:rn ":-? : ) <~ Z ~> 'V <"n ~ (:) '< SHERIFF'S RETURN - REGULAR CASE NO: 2002-04072 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOOVER MARY ET AL VS PONTIUS BRIAN HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PONTIUS BRIAN the DEFENDANT at 1153:00 HOURS, on the 3rd day of September, 2002 at 651 W LISBURN ROAD APT A MECHANICSBURG, PA 17055 by handing to SUSAN PONTIUS, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.90 .00 10.00 .00 34.90 So Answers: r~~~ R. Thomas Kline 09/04/2002 SCHMIDT RONCA KRAMER Sworn and Subscribed to before me this /36..- day of J7fT;~.L~ .2002-- A.D. /, , , - \.. /;"1"" - Q Yv,.cP'-v \.J)M:: / Prothonotary , ,( By: ~Lu~ Deputy Sh ff Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW BRIAN PONTIUS, NO. 02-4072 CIVIL TERM Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE ENTER the appearance of the undersigned on behalf of the Defendant, Brian Pontius, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. 'fferson J. Shipm n, ttorney I.D. 51785 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant Pontius-app CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 23, 2002: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. J ff son J. S pman, A torney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant 85174.1 2 ~ '"Uo.;; nJrn Z::L' Z~.- ._ c... U)~.~ ?t,; <: ' zQ .,:::U .... c: z ~ o N f/) [T1 -0 N J:"" o -n .-1 ;:r:.,:!! ~ ~'~ "::c. :J tS~ om --\ :? ~ -0 ~ U'I G:> Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 02-4072 CIVIL TERM BRIAN PONTIUS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, and their attorneys: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. J. f erson J. Shipm n, ttorney I.D. 51785 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant 85172.1 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (71 7) 234-4161 Counsel for Defendant MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW BRIAN PONTIUS, NO. 02-4072 CIVIL TERM Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, Brian Pontius, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted only that the Plaintiff Mary Hoover was the owner and operator of a 1999 Chrysler Town and County mini-van at the intersection of Orrs Bridge Road and Mountain View Road. The Defendant Pontius is without sufficient knowledge or information to form a belief as to the truth of whether Ms. Hoover was stopped at this intersection waiting to turn onto Mountain View Road just prior to the accident. 6. Admitted. 7. Admitted only that there was contact between the Pontius and Hoover vehicles after the Pontius vehicle passed a vehicle which had been stopped in his lane when the Plaintiff Hoover turned left into the path of the Pontius vehicle. The remaining averments of Paragraph 7 denied as stated. 8. Denied. After reasonable investigation, the answering Defendant, Brian Pontius, is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and the same are therefore denied and strict proof demanded at the time of trial. COUNT I Mary Hoover v. Brian Pontius 9. The answering Defendant, Brian Pontius, incorporates herein by reference his answers to Paragraphs 1 through 8 above as though fully set forth at length. 10. Denied. The averments contained in Paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 2 11. Denied. The averments contained in Paragraph 11, and sub-paragraphs (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. (a) Denied. It is specifically denied that Mr. Pontius was inattentive; (b) Denied. It is specifically denied that Mr. Pontius was operating his vehicle at an excessive rate of speed under the circumstances; (c) Denied. It is specifically denied that Mr. Pontius failed to have his vehicle under proper and adequate control; (d) Denied. It is specifically denied that Mr. Pontius failed to apply his brakes in time to avoid the collision with the Hoover vehicle; (e) Denied. It is specifically denied that Mr. Pontius negligently applied the brake; (f) Denied. It is specifically denied that Mr. Pontius failed to observe the Hoover vehicle on the highway; (g) Denied. It is specifically denied that Mr. Pontius failed to operate his vehicle in accordance with existing traffic conditions and traffic control; 3 (h) Denied. It is specifically denied that Mr. Pontius failed to keep a reasonable look-out for other vehicle on the roadway; (i) Denied. It is specifically denied that Mr. Pontius operated his vehicle so as to create a dangerous situation for other vehicles on the roadway; (j) Denied. It is specifically denied that Mr. Pontius was negligent in passing a vehicle on the right; and (k) Denied. It is specifically denied that Mr. Pontius passed a vehicle on the right when it was not safe to do so. 12. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 relating to Plaintiff's alleged injuries and damages and the same are therefore denied and strict proof demanded at the time of trial. 13. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13, relating to Plaintiff's alleged medical expenses and the same are therefore denied and strict proof demanded at the time of trial. 14. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as 4 to the truth of the averments contained in Paragraph 14, relating to Plaintiff's alleged injuries and the same are therefore denied and strict proof demanded at the time of trial. 15. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15, relating to Plaintiff's alleged pain and suffering and the same are therefore denied and strict proof demanded at the time of trial. 16. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 and the same are therefore denied and strict proof demanded at the time of trial. 17. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17, relating to Plaintiff's alleged loss of life's pleasures and the same are therefore denied and strict proof demanded at the time of trial. 18. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18, relating to Plaintiff's alleged loss of earnings and impairment of earning 5 power and capacity and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Brian Pontius, respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II Ravallen Hoover v. Brian Pontius 19. The answering Defendant, Brian Pontius, incorporates herein by reference his answers to Paragraphs 1 through 18 above as though fully set forth at length. 20. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 relating to Plaintiff, Rayallen Hoover's, alleged loss of society, companionship and services of his wife, Mary Hoover, and the same are therefore denied and strict proof demanded at the time of trial. 21. Denied. After reasonable investigation Mr. Pontius is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 21 relating to Plaintiff, Rayallen Hoover's, loss of consortium in the future 6 and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, Brian Pontius, respectfully requests that jUdgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the Defendant, Brian Pontius, interposes the following New Matter defenses: 22. That this action is subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. ~1701 et ~. 23. That the Plaintiffs' claims may be limited or barred by the Limited Tort Option pursuant to 75 Pa. C.S.A. ~1705, et ~. 24. That the accident and any injuries sustained by Plaintiffs may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 25. That if it should be found that there was any negligence on the part of the Defendant, Brian Pontius, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiffs. 7 26. That if the Plaintiff, Mary Hoover, suffered the injuries alleged in her Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff, Mary Hoover, and recovery in this action is barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 27. That the negligence of the Plaintiff, Mary Hoover, consisted of the following: (a) Failing to have her vehicle under proper control. (b) Failing to keep a proper look-out for other vehicles upon the highway; Defendant, Brian Pontius; and (c) Failing to observe the vehicle being operated by (d) Failing to yield to the vehicle operated by Defendant, Brian Pontius. WHEREFORE, the Defendant, Brian Pontius, respectfully requests that jUdgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, 85172.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. c:)tf:o~~~:::.~~/ Attorney I.D. 51785 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant 8 VERIFICATION I, Brian Pontius, hereby aCknowledge that I am the Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~iU' Date: 84407.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on September 27, 2002: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. 85174.1 QilM<~~ J ff rson J. Shipm n, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant (") 0 :':) ,-- r..) --f) ;;: (/) .... -C'i rU i-q ~r :IJ n-: ~; ::J ,_., 1 -/ .,r.,__ ::~ ;Tl .r~. '':;:-' G-') l-'~- -' r,,-:' , C) -':" ."-1 -on ):,:;: ("~ .. _n_., C) ~~ ~~ ~~) in ,....I ::> ..~ =< :-0 ...J -< MARY HOOVER and RAYALLEN HOOVER, Wire and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 02-4072 Civil Term v. BRIAN PONTIUS CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiffs, Mary Hoover and Rayallen Hoover, by and through their attorneys, SCHMIDT, RONCA & KRAMER, P.C., and respectfully set forth as follows: 1. Plaintiffs, Mary Hoover and Rayallen Hoover, are adult individuals currently residing at 837 Ridgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Brian Pontius is an adult individual currently residing at 651 W. Lisburn Road, Apt. A, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter stated took place on or about September 16, 2000 at approximately 4: 10 p.m., at the intersection of Orrs Bridge Road and Mountain View Road in Hampden Township, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, it was daylight, the road surface was dry, and there were no adverse weather conditions. 5. At the aforementioned time and place, Plaintiff Mary Hoover was Therefore, this allegation is not sufficient to preserve a defense and should be stricken. 25. Denied. The averments contained in Paragraph 25 are a conclusion of law to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 26. Denied. The averments contained in Paragraph 26 are a conclusion of law to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. By way of further answer, Plaintiffs allege that the Defendant was the sole and proximate cause of the accident for the reasons set forth in their Complaint. 27. Denied. The averments contained in Paragraph 27 and sub-paragraphs (a) through (d) are conclusions of law in fact to which no response is required. If a response is deemed to be required and the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Plaintiff Mary Hoover failed to have her vehicle under proper control. (b) Denied. It is specifically denied that the Plaintiff Mary Hoover failed to keep a proper lookout for other vehicles upon the highway. (c) Denied. It is specifically denied that the Plaintiff Mary Hoover failed to properly observe any vehicles being operated on the highway, specifically that of the Defendant; and (d) Denied. It is specifically denied that the Plaintiff Mary Hoover failed to yield to the vehicle being operated by Defendant Pontius. 2 " WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor and that the Defendant's New Matter be dismissed with prejudice. Respectfully submitted, SCHMIDT, RONCA, & KRAMER, P.C. By: Scott B. Cooper 1.0. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs 3 . '. VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL We, Mary Hoover and Rayallen Hoover, hereby verify that we are the Plaintiffs in the foregoing action and that the attached Reply to New Matter is based upon the information which has been gathered by our counsel in preparation of this lawsuit. The language of the Reply to New Matter is that of counsel and is not ours. We have read the Reply to New Matter, and to the extent it is based upon information which we have given to counsel, is true and correct to the best of our knowledge, information, and belief. To the extent that the contents of the Reply to New Matter is that of counsel, we have relied upon counsel in making this Verification. We understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsifications made to authorities. Date, If) /h/(l~ , CERTIFICATE OF SERVICE ~ AND NOW, this'L- day of October, 2002, I, Scott B. Cooper, Esquire, counsel for the Plaintiff, hereby certify that I have, this day, served a copy of the foregoing Reply to New Matter by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, esquire Goldberg Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: Scott B. Cooper I.D.# 70242 209 State Street Harrisburg, PA 1710 1 (717) 232-6300 Attorney for Plaintiffs (") c. =- <., -J :::i~~ rTIp; Z;Jcl ZC ~~_: .,-- ~-:C) L. -) ';.,.c ",;..-'c.: 3 , a j.....) c::> C) --~ { ) ;-1'; '1 o -'0 r;? ." '0 ~ :0 -< Jefferson J. Shipman J.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Brian Pontius MARY HOOVER and RAY ALLEN HOOVER, Wife and Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.02-4072 Civil Term BRIAN PONTIUS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREOUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice OfIntent, including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received, the twenty day waiting period was waived; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. By Date: I / G I () ') ,~ , . Jefferson J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, on the & +h - day of J CU'l v..(l, { V / , 2003, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, P A 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, Esquire Attorney J.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant Jefferson J. Shipman LD. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant, Brian Pontius MARY HOOVER and RAY ALLEN HOOVER, Wife and Husband, Plaintiffs IN THE COURT OF C0MI\10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.02-4072 Civil Term v. BRIAN PONTIUS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Mary Hoover, Rayallen Hoover and Scott B. Cooper, Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, P A 17101 PLEASE TAKE NOTICE that Defendant intends to serve one subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. Ifno objection is made, the subpoena may be served. ~ GOLDBERG KATZMAN & SHIPMAN, P.C. . By Jeffer on J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant Date: f J I J 6) 6 r) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, certified postage prepaid, at Harrisburg, Pennsylvania, on the J (; + ~ day of OCJc (> ('{\ to e r , 2002, addressed as follows: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, P A 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. By Jefferson J. Shipman, Esquire AttomeyI.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Counsel for Defendant ~TB OF pENNSYLVANIA OXJNI'Y OF aJMB,"ffiI.AND Mary Hoover and Rayallen Hoover, wife and husband, Plaintiffs fi le No. 02-4072 v. Brian Pontius, Defendant SUBPOENA TO PRoox:;E oo:::;tJ1ENTS OR 1H I N3S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Nane of Person or Ent ity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo 11 ow i ng doa..ments or th i ngs: any and all medical records, reports, correspondence, not diagnostic test results~sical therapy reports, radiology reports. including but limite~_to tho! of Debra Miller, M.D., William Rowe,M.D., Lisa Poritz,M.D., Kevin Black,M.D. ,Andrea Manni,M.D. perta~ll~ll~ Lv MaLY HVVV~L SSN. 172 26 8170 DOB. 6i20i32- at Goldberg, Katzman & Shipman, 320 Market St., P.O. Box 176&, H;Jrril=;hnre, PA. J7108-l268 (4ddress) You rray deliver or mail legible cooies of the documents or produce things requested ~y this subpoena, together with the certificate of carpliance, to the party making this request at the addr.?ss 1 isted above. You have the right to seek in advance the reasonable cost 0 f prepar i ng the cop i es or produc i ng the th i ngs sought. If you fail to produce the docunents or things required by this subpoer1'3. within twenty (20) days after its service, the party serving this subpoena rr>ay seek a court order a::n-Pe 11 i r;g you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT 1HE REQUEST OF 1HE FOLLOOING PERSON: NAt'E: Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. ADDRESS: -~2{)Market St. ,P.O. Box 1268, Harrisburg, PA 17108-1268 TELEPHONE: 717':'234-4161 ~REJ"E O:)lJn 10 :ff 51785 ATTORNEY FOR: Defendant OATE:_ ~E.c.. / qt ;;LoCI ^ Sea 1 of the Cou:-t B~~~Y~CiVil Division '-- ~JZ.? p _ ~ ~.Il./U-LLI-- DepUty (Eff. 7/97) (") 0 0 C <...J '-'1 ~ (- : ::~! -C) Ff: J::. Ql :;;;:: L. :~C; I 2~ ,-- - U! l..'t', -J -~ {~~:: r' -0 ~ Z~::::: :::" ;t;: ~d w L_ ,....., Z => ~~ =< :':U (::I -< Jefferson J. Shipman LD. #51785 GOLDBERG, KATZMAN & SIDPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Brian Pontius MARY HOOVER td RAYALLEN HOOVER, Wife an Husband, Plaintiffs I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.02-4072 Civil Term BRIAN PONTIUS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENA As a prerequi ite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant ereby certifies that: (1) A Not ce Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, . a Certified Mail, or delivered to each party at least twenty days prior to the date on which the su poena was sought to be served; (2) A COPf' of the Notice OfIntent, including the proposed subpoena, is attached to this Certificate; . (3) No ob ection to the subpoena has been received, the twenty day waiting period was waived; and (4) The s poena to be served is identical to the subpoena attached to the Notice Of Intent. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. IOrn,j<>f I By son . Shipman, Esquire A mey lD. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PAl 71 08-1268 (717) 234-4161 Counsel for Defendant . CERTIFICATE OF SERVICE I HE~BY CERTIFY that I served a true and correct copy of the foregoing document upon all ctunsel of record by depositing the same in the United States Mail, first class postage prepaid, at 4arriSburg, Pennsylvania, on the addressed as fOllowsl 'd3rv\ dayof 0 ctr)he'f .2003, Scott B. Cooper, Esquire Schmidt, Ro ca & Kramer 209 State St Harrisburg, A 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. Jeffe son J. Shipman, Esquire Attorney I.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 . By Counsel for Defendant Jefferson J. Shipman ID. #51785 GOLDBERG, KATZMAN & SlllPMAN, P.C. 320 Market Street P.D. Box 1268 Harrisburg, PA 17108-1*68 (717) 234-4161 I I , I i MARY HOOVERjand RAY ALLEN HOOVER, Wife a d Husband, Plaintiffs ! Counsel for Defendant, Brian Pontius IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.02-40n Civil Term I BRIAN PONTruS~ Defendant CIVIL ACTION - LAW JURY TlUAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Mary Hoove , Rayallen Hoover and Scott B. Co per, Esquire Schmidt, Ro ca & Kramer 209 State St eet Harrisburg, A 1 710 I PLEASE T NOTICE that Defendant intends to St:rve one subpoena identical to the one that is attached 0 this notice. You have twenty (20) days from the date listed below in which to file of record and erve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena ay be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Date: i 6 j d t I <:<3 Jeffers n 1. Shipman, Esquire Attorney J.D. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant CERTIFICATE OF SERVICE I HEfEBY CERTIFY that I served a true and correct copy of the foregoing document upon all cfunsel of record by depositing the same in the United States Mail, certified postage prepaid, at ,arriSburg, Pennsylvania, on the J I sf day of (1 (" io f) e r , 2003, addressed as follows' Scott B. co~er, Esquire Schmidt, Ro~ca & Kramer 209 State St ' et Harrisburg, A 1710 1 GOLDBERG, KATZMAN & SIllPMAN, P.C. By Jefferson J. Shipman, Esquire Attorney LD. # 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel fbr Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARY HOOVER a~d RAYALLEN HOOVER, ' Plairtiffs v. : CIVIL ACTION-LAW BRIAN PONTIUS, . Deftdant : NO: 02-4072 : JURY TRIAL DEMANDED TO: Debra Miller. r1.o. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 (Name of Person or Entity) Within twen 'y (20) days after service of this subpoena, you are ordered by the court to produce the following docum nts or things: anv and all medical records. reports. correspondence. diaanostic test results ertainin to a Hoover SSN: 172-26-8170 DOB: 6/20/32 at Goldberg, Katzman & Shipman, P.C., 320 Market St et, P.O. Box 1268, Harrisburg, PA 17108-1268. You may delive or mail legible copies of the documents or produce things requested by this subpoena, together ith the certificate of compliance, to the part~. making this request at the address listed above. You h ve the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. uce the documents or things required by this subpoena within twenty (20) days arty serving this subpoena may seek a court order compelling you to comply with it THIS SUBPOENA AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. ESQuire ADDRESS: 320 Market Street. P.O. Box 1268 Harrisbura. PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT D # 51785 BY THE COURT: Gu,7:..' It ~:?~ Prothonotary/Clerk, Civil Divisio j/P.~ /Y[~.I> Deputy DATE: /0 'dIo S al ofthe ourt (Eft,7/97) o ~:; tJ !.:.;.: ~~.i! ; ,( ~~:. r=~ l_ <-- ~~~! ::P-C: ;.:':: =< c_, , , "-, "'-', :'1 <.n , MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA Plaintiffs v. NO. 02-4072 Civil Term BRIAN PONTIUS CIVIL ACTION - LAW Defendant NOTICE OF VIDEOTAPED DEPOSITION TO: Bernard 1. Zeliger, D.O. Arlington Orthopedic Clinic, Inc. 805 Sir Thomas Court Harrisburg, PA 17109 PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. 4007.1 a videotaped deposition will be taken before a Notary Public, or other person authorized to take oaths by law, for purposes of discovery and/or use at trial, on Wednesday, March 16,2005, at 10:00 a.m., and continuing thereafter until completed, before a Notary Public or other person authorized to take oaths by law, at the Arlington Orthopedic Clinic, Inc., 805 Sir Thomas Court, Harrisburg, PA 17109. The deposition will be recorded by stenographic transcript. Accordingly, you are notified of the following: 1. The name and schedule of the person whose deposition is being taken is as follows: Bernard 1. Zeliger, D.O. Wednesday, March 16, 2005, 10:00 a.m. / 2. The name and address of the officer before whom the depositions are to be taken is as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-1628 Pam Packer, Court Reporter 8 Oakglade Drive Hummelstown, PA 17036 And bring with you the following: The entire original chart and all medical records for Mary Hoover. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: ,/1/ ,/ Scott B. Cooper, Esquire Supreme Ct. I.D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Dated: Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 25th day of February 2005, I, Scott B. Cooper, hereby certify that I have served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-1628 i Scott B. Cooper '-y::> ~ :z::. ~ &-. -<"I ~ ~ CP ~ ~ v> r . MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYLVANIA Plaintiffs v. NO. 02-4072 Civil Term BRIAN PONTIUS CML ACTION - LAW Defendant NOTICE OF VIDEOTAPED DEPOSITION TO: Frank W. Jackson, Sr., M.D. P.O. Box 768 Carefree, Arizona 85377 PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007.1 a videotaped deposition will be taken before a Notary Public, or other person authorized to take oaths by law, for purposes of discovery and/ or use at trial, on Wednesday, April 13, 2005, at 10:00 a.m., and continuing thereafter until completed, before a Notary Public or other person authorized to take oaths by law, at Schmidt, Ronca & Kramer, PC, 209 State Street, Harrisburg, PA 1710 1. The deposition will be recorded by stenographic transcript. Accordingly, you are notified of the following: 1. The name and schedule of the person whose deposition is being taken is as follows: Frank W. Jackson, Sr., M.D. Wednesday, April 13, 2005, 10:00 a.m. AND NOW, this CERTIFICATE OF SERVICE (tfi1 ! day of March 2005, I, Scott B. Cooper, hereby certify that I have served a true and correct copy of the foregoing by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-1628 /'/ // Scott B. Cooper . . 2. The name and address of the officer before whom the depositions are to be taken is as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-1628 Pam Packer, Court Reporter 8 Oakglade Drive Hummelstown, PA 17036 And bring with you the following: The entire original chart and all medical records for Mary Hoover. Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. By: /,} I Scott B. Cooper, Esquire Supreme Ct. 1.0. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Dated: Attorneys for Plaintiff .~. .. rr~ ' "7 -.',> , n ~,: r' ~::;~ c." -~ ~~,~ So N 'J,. ~.~,. 1:=. p ,,' :..?iC <.-) n n .,--, -.1- -- f~~~5~\ > .~. ,",' ;}~'?, ,2 {_~:l n u' - ~ - PRAECIPE FOR LISTING CASE FOR TRIAL , (Must be typewritten and submitted in duplicate) TO THE PROTHOIDrARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) (X ) for JURY trial at the next tenn of civil co ct. ( ) for trial without a jury. ------------------------------------- ---- CAPTION OF CASE (entire caption must be stated in full) (check one) IX) Civil Action Law MARY H<XlVER and RAY~ HOOVER, Wife and Husband ( ) Appeal from lo~ itration ( ) (other) (Plaintiff) vs. , The trial list will be called 0 BRIAN POOTIUS and April 19, 2005 Trials comrence on May 16, 200~ ( Defendant) Pretrials will be held on April 27, 2005 vs. (Briefs are due 5 days before p etrials. ) (The party listing this case fo trial shall provide forthwith a copy of the 'raecipe to all counsel, pursuant to local "Ie 214.1.) No. 02 Civil 4072 l' Indicate the attorney who will try case for the party who files this lraecipe : Jefferson J. Shipman, Esquire, 301 Market Street, Lemoyne, PA 17043 Indicate trial counsel for other parties if known: n '}(\Q ~ . PA 171 ()1 ~- ; I, .. ./ AI), - This case is ready for trial. i Signed:' "' ,~ '/ -, Print Narre: i! Jefferson J. Sh pman Date: 3/23/05 Attorney for: Defendant . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the fo owing, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsy ania, on March 23, 2005: Scott B. Cooper, Esquire Schmidt, Ronca & Kramer 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEI NER ~ ._\ ( BY Jeff 1.0. : 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant llilli .....> 0 c,:;) <..'~ -n en :'1: .-, ~r'. .1.,<- r'i~ -." Al ~':; r-"n 1'.) :::;;J r-) , -'r", {J ~"r : (,) " C) .) (II <. . PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) (X) for JURY trial at the next term of civil cow ( ) for trial without a jury CAPTION OF CASE ( ) Assumpsit ( ) Trepass ( ) Trepass (Motor Vehicle) (X) Other Civil MARY HOOVER and RAY ALLEN HOOVER, Wife and Husband, The trial list will be called on Apri119, 200 . Trials commence on May 16, 2005. Plaintiffs Pre-trials will be held on April 27,2005. (I riets are due 5 days before pre-trials.) v. (The party listing this case for trial shall pr vide forthwith a copy of the praecipe to all CQun el, pursuant to local Rule 314.1 BRIAN PONTIUS, Defendant No, 02-4072 Civil Tl rm Indicate the attorney who will try case for the party who files this praecipe: Scott B. Cooper, Esquire, Schmidt, Ronca & Kramer, 209 State Street, Harrisburg, PA 7101 Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Marke Street, Lemoyne, P A 17043-1628. Counsel for Defendant This case is ready for trial. " ~rY V ., /L j Scott B. Scott, Esquire Attorney for Plaintiffs Date: March 24, 2005 .. CERTIFICATE OF SERVICE AND NOW, this 24th day of March, 2005, I, Keith A. Heard, an em110yee of SCHMIDT, RONCA & KRAMER, P.c., do hereby certify that I have served a true a d correct copy of the PRAECIPE FOR LISTING CASE FOR TRIAL in the United States ma , postage I prepaid at Harrisburg, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043-1628 11 ~s r-'f _~ J=:- j~~ I c;;;- ~ r - 0' MARY HOOVER and RAYALLEN HOOVER, WIFE and HUSBAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4072 CIVIL TERM CIVIL ACTION - LAW v BRIAN PONTIUS, Defendant JURY TRIAL DEMANDED '0 ~ = Con :r.* -0 ::::0 ,-, _C) "" -<, U) A pretrial conference was held In the '.chambers 0:\:(, ~ Judge Oler in the above-captioned case on Wednesday, Kpfil ~, ":;7 .. Present on behalf of Plaintiffs was Scott B. coo~r,~ < o ." ::;:f rn-n .- -om =',06 :cde' , , ?":;:n '-0 61'TI .-, ;. ::0 ,< IN RE: PRETRIAL CONFERENCE ,..,;-, '__'L ~_!; !-- 2005. Esquire. Present on behalf of Defendant was Jefferson J. Shipman, Esquire. This is a negligence action for personal injuries and loss of consortium arising out of a two vehicle accident in Hampden Township, Cumberland County on September 16, 2000. Liability is not conceded on the part of the Defendant, and Defendant challenges as a factual matter the injured Plaintiff's contention on damages that a pre-existing condition known as Crohn's disease was aggravated by the accident. This will be a jury trial in which each side, pursuant to an agreement of counsel, will have 4 peremptory challenges for a total of 8, The estimated duration of trial is 3 days. By a separate Order of Court, pursuant to an oral motion of Plaintiffs' counsel at the pretrial conference, Defendant will be directed to furnish to Plaintiffs' counsel a copy of the original report submitted by Defendant's expert, ~ Dr. Arthur D. Heller, M.D., which apparently contains a reference to the possibility that the ingredients of the medication Advil can exacerbate Crohn's disease, .'~ To the extent that deposition testimony to be shown or read to the jury contains objections being pursued by counsel and requiring rulings by the trial judge, counsel are directed to furnish to the Court a copy of the transcript of the affected deposition(s) with the areas of objection being pursued highlighted, and with brief memoranda in support of their respective positions on the objections. Plaintiffs' counsel has indicated that there is a possibility that he will be filing a motion for sanctions of some type related to the alleged failure of Defendant to supply the original version of the report by Dr. Heller. With respect to settlement negotiations, Defendant has made more than a nominal offer in the case, and there does appear to be a possibility of settlement. By the Court, u{;~ ., J. Ji Wesley Scott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 For the Plaintiffs Jefferson Shipman, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Court Administrator :mae MARY HOOVER and RAYALLEN HOOVER, WIFE and HUSBAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4072 CIVIL TERM CIVIL ACTION - LAW v BRIAN PONTIUS, Defendant JURY TRIAL DEMANDED IN RE: ORAL MOTION OF PLAINTIFF ORDER OF COURT AND NOW, this 27th day of April, 2005, upon consideration of an oral motion made by Plaintiffs' counsel in the above-captioned case at a pretrial conference in which Plaintiffs were represented by Scott B. Cooper, Esquire, and Defendant was represented by Jefferson J. Shipman, Esquire, it is ordered and directed that on or before the close of business on Monday, May 2, 2005, Defendant's counsel shall furnish to Plaintiffs' counsel a copy of the original report submitted to Defendant's counsel by Dr. Arthur D. Heller. By the Court, ~ott B. Cooper, Esquire 209 State Street Harrisburg, PA 17101 For the Plaintiffs ~fferson Shipman, Esquire j 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Court Administrator :mae is: ..r.S~ \- u.J (? ~~i_ C)':) nC'; rLIO- ~uJ Ll..fS \5 - - - :.;t:: <-'" a" {'oJ c~ (J-.,;: .,'- '..; VC' c.':I c::;.~ "" :.-" -- " ,~ ~-- -- ~ ~ MARY HOOVER and RAYALLEN HOOVER, Wife and Husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 02-4072 Civil Term BRIAN PONTIUS, CML ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully Submitted, SCHMJD'll', RONCA & KRAMER, P.C. /, /- 'I, By " j/" Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attomey for Plaintiffs 0 r--> 0 = ~; = .." <.n ,- ::::I c: n~ ::0 ,,0:0.;- r- -nlTi N ::50 w (-4") (L, ~:.J ,':.j"-; ""D -:;::--r, :x -:-Je") 1'0) om :::::! _r.:- ':0 .- -<