The URL can be used to link to this page

Home My WebLink About95-03632 IN THE COURT or COMMON PLBAS CUMBERLAND COUNTY, PENNSYLVANIA No. ('/'1 1(,")) (1, ,II G.\l~Jll 1\"-- civil' Aotion (X) Law ( ) Equity BRUCB D. SCHWARTZ, and ROsBANN H. SCHWARTZ, his wite, 1028 Apaohs Trail Meohanioeburq, PA 17055 MARY K. HBLLER S30 Trindle Road W HeohaniosburQ, PA 17055 PRAECIPB TO ISSUB WRIT or SUMMONS TO THE PROTHONOTARY I Plaintiffs & Address Defendants & Addresses Please issue a writ of summons in the above-captioned aotion. X-- Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff h#~ Scott B. Cooper Schmidt and nonca, P.C 209 State streett Harrisburg, PA 17101 Signature of Attorney (717) 232-6300 Supreme Court 1.0. No. 70242 WRIT OF SUMMONS TO THE ABOVE NAMBD DEFENDANTS I YOU ARE NOTIFIED THAT THB ABOVB-NAMED PLAINTIFFS HAVB COMMENCED AN ACTION AGAINST YOU. t flll/fil( prothonotary c /A/9 I f~.? j ,1l~,.. II , () D.... -1 II I iJ (, IIi /. !/. , .,. 8yt \~.~I:,) \, ~ ..t" '7'- i- \-J ~ ~ ~ C:l ..J "'I ~ - ~\..; :'. ~ ~ ~ <:4~ 't!: ~1 .- .;..:,,,;-~ ~ L I i'l~~ fr i..- t:-l at v.' ~ r(', ~ :r: ~. I" '-.' ~ ., ~ " .q , L' i;, 'jl} :;, , , -,'" t :1 ! ~ i " , 1 ,\ j ~ ! '" J)",'t: '1< C},L'- ; ., ll.d I; "'j . i C)~7 Q. 11\ tee."" ,'111' ~ " .;';" ';'': ~, i1 $,<; It i i ,f.' ,\.. ;J, l ,t! Ii " "".,./ all :['/k~<=I~ ! '.' .. , lj!<, 1" !qyg BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY/ PENNA I I I CIVIL ACTION - LAW I I NO. 95-3632 I JURY TRIAL DEMANDED v. MARY K. HELLER, Defendant NOT I C E 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 I'II/ERE YOU CAN GET LOCAL HELP. Court Administrator cumberland County Courthouse Fourth Floor Carlis1o, PA 17013 (717) 240-6200 BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, plaintiffs I IN THE COUR'l' OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA I I I CIVIL ACTION - LAW I I NO. 95-3632 I JURV TRIAL DEMANDED v. MARV K. HELLER, Defendant COMPLAINT AND NOW, comes the plaintiffs, BRUCE D. SCHWARTZ and ROSEANN M. SCHWARTZ, His Wife, by and through their attorneys/ SCHMIDT AND RONCA, P'C'/ and respectfully avers as fo110wsI 1. plaintiffS, BRUCE D. SCHWAR'l'Z AND ROSEANN M. SCHWARTZ, are adult individuals currently residing at 1025 Apache Trail, Mechanicsburg, cumberland county, Pennsylvania 17055. 2. Defendant, MARV K. HELLER, is an adult individual currently residing at 830 'l'rind1e Road West, Mechanicsburg, cumberland County, Pennsylvania 17055. 3. The events hereinafter described took place on or about August 21/ 1993, at or about BI10 p.m. on Trind1e Road, SR641 West/ silver springs Township, cumberland county, Pennsylvania. 4 At the aforementioned time and place, Bruce D. Schwartz and Roseann M. Schwartz were traveling west on Trind1e Road in a 1988 Ford van. 5. At the aforementioned time and p1ace, Bruce Schwartz wae the owner and operator of the Van/ and hie wife, Roseann, wss a passenger. 6. At the aforementioned time and p1ace, the Defendant, MARY K. HELLER, was the owner and operator of a 1978 Chevy Impala and traveling east on Trind1e Road. 7. At the aforementioned time and p1ace, it was dusk, the road was dry, and there was no adverse weather conditions. 8. At the aforementioned time and place, Defendant MARY K. HELLER, attempted to turn left into her driveway at 830 Trindle Road West when she struck the motor vehicle in which the Plaintiffs were traveling, causing the injuries set forth below. 9. The accident was caused solely by the negligence, carelessness, and recklessness of the Defendant, MARY K. HELLER, and was in no way caused or contributed to by the P1aintiff, BRUCE D. SCHWARTZ and ROSEANN M. SCHWARTZ. COUNT I Bruce D. Sohwartz v. Marv K. Heller 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in full. 11. The Defendant, MARY K. HELLER's neg1igence, carelessness/ and recklessness consisted of the fol1owingl (a) Failing to have her vehicle under proper and adequate control; (b) Failing to apply the brakes in time to avoid the collision with the P1aintiff/s vehicle; (c) Failing to observe the Plaintiff's vehicle lawfully on the highway; (d) Failing to operate her vehicle in accordance with existing traffic controls and traffic conditions; (0) Failing to exercise the high degree of care required of a motorist entering an intersection I (f) Failing to drive at a speed and in a manner that would allow her to stop within the assured clear distance aheadl thereby, causing her to collide with the Plaintiff's vehicle; (g) Failing to keep a reasonable lookout for other vehicles lawfully on the roadl (h) Attempting to enter an intersection when such movement could not be safely accomplished I (i) Failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles lawfully on the highway; (j) Failing to yield the right-of-way to oncoming traffic I (k) operating her vehicle so as to create a dangerous situation for other vehicles on the roadway I (1) Failing to properly observe traffic signals controlling her direction of travell (m) operating her vehicle in violation of S3322 of the Pennsylvania Motor Vehicle Code. 12. As the direct and proximate result of the aforesaid accident, the P1aintiff, BRUCE D. SCI!WARTZ, suffered severe and permanent injuries which inclUde, but are not limited to the following: (a) Neck pain, (b) Impingement on the intervertebral foramina at the CJ-4 level; (c) Headaches; and (d) Loss of stamina. 1J. As a direct and pro~imate result of the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, incurred approximately $620.50 in medical expenses to date, and he will continue to incur medical bills for treatment in the future. 14. As a direct and proximate result of his injuries, the Plaintiff, BRUCE D. S~IWARTZ, has incurred lost wages and will continue to sustain lost wages in the future. 15. As a direct and proximate result of his injuries, the Plaintiff, BRUCE D. SCHWARTZ, has undergone in the past and in the future, will continue to undergo great pain and SUffering. 16. As a direct and proximate result of his injuries sustained in the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, has been obliged to expend various sums of money and incur various expenses for the injuries that he has suffered and may continue to incur the same in the future. 17. As a direct and proximate result of his injuries sustained int he aforesaid accident, the Plaintiff, BRUCE D. SCIlWARTZ, has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 10. As a direct and pro~imate result of the injuries sustained in the aforesaid accident, the P1aintiff, BRUCE D. SCIlWARTZ, has suffered a permanent loss of earning power and earning capacity. WHEREFORE, the Plaintiff demands jUdgment of the Defendant, MARY K. HELLER, and in amount in eXcess of the amount requiring compulsory arbitration. m2Jl.NT II LOBB of consortium Roseann M. Sohwartz v. Marv K. Heller 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 20. As a direct and proximate result of the injuries sustained by her husband in the motor vehicle accident, the Plaintiff, ROSEANN M. SCHWARTZ, has been and will be deprived of the assistance, companionship, consortium, society of her husband, all of which have been and will be to her great loss and detriment. WHEREFORE, the Plaintiff, ROSEANN M. SCHWARTZ, demands judgment of the Defendant, MARY K. HELLER, in an amount in excess of the amount requiring compulsory arbitration. COUNT II I li@gliqenoe Roseann M. Sohwartz v. Marv K. Heller 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in full. 22. The Defendant, MARY K. HELLER's negligence, carelessness, and recklessness consisted of the fOllowingl (a) Failing to have her vehicle under proper and adequate control; (b) Fniling to npply the brnkes in time to avoid the collision with the PlnintlCC's vehicle; (0) Failing to observe the Plaintiff's vehio1e lawfully on the highway; (d) Failing to operate hor vehicle in accordance with existing traffic controls and traffic conditions; (e) Failing to exercise the high degree of care required of a motorist entering an intersection; (f) Failing to drive at a speed and in a manner that would allow her to stop within the assured clear distance ahead; thereby, causing her to collide with the Plaintiff's vehicle; (g) Failing to keep a reasonable lookout for other vehicles lawfully on the road; (h) Attempting to enter an intersection when such movement could not be safely accomplished; (i) Failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles lawfully on the highway; (j) Failing to yield the right-of-way to oncoming traffio; (k) operating her vehicle so as to oreate a dangerous situation for other vehicles on the roadway; (1) Falling to properly observe traffic signals controlling her direction of travel; (m) operating her vehicle In violation of 53322 of the Pennsylvania Motor Vehicle Code. .~- " 23. As the direct and proximate result of the aforesaid accident, the Plaintiff, UHUCE D. SCHWARTZ, suffered severe and permanent injuries which include, but are not limited to the following I (a) Left and right side neck pain; (b) Headachos; (c) Rsducsd range of motion in the neck; (d) Muscular spasticity; (e) Vertebral sub1uxations; (f) Moderate loss of cervical curve; (g) Vsrtebra1 misalignment; (h) Acute moderate po1iomyocytis; and ( i) Acute thoracic strain and sprain. 24. As a direct and proximate result of the aforesaid accident, the Plaintiff, ROSEANN M. SCHWARTZ, incurred spproximately $7/175.75 in medical expenses to date, and she will continue to incur medical bills for treatment in the future. 25. As a direct and proximate result of her injuries, the Plaintiff, ROSEANN M. SCHWARTZ, has undergone in the past and in the future, will continue to undergo great pain and sUffering. 26. As a direct and proximate result of her injuries sustained in the aforesaid accident, the P1aintiff, ROSEANN M. SCHWARTZ, has been obliged to expend various sums of money and incur various expenses for the injuries that she has suffered and may continue to incur the same in the future. 27. As a direct and proximate result of her injuries sustained in the aforesaid accident, the Plaintiff, ROSEANN M. SCHWARTZ, has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 28. As a direct and proximate result of the injuries sustained in the aforesaid accident, the Plaintiff, ROSEANN M. SCHWARTZ, has suffered a permanent loss of earning power and earning capacity. WHEREFORE, the Plaintiff demands judgment of the Defendant, MARY K. HELLER, and in amount in excess of the amount requiring compulsory arbitration. COUNT IV Loss of Consortium Bruce D. Schwartz v. Karv K. Heller 29. Paragraphs 1 through 28 are incorporated herein by reference as if set forth in full. 30. As a direct and proximate result of the injuries sustained by his wife in the motor vehicle accident, the Plaintiff, BRUCE D. SCHWARTZ, has been and will be deprived of the assistance, companionship, consortium, society of his wife, all of which have been and will be to his great loss and detriment. WHEREFORE, the Plaintiff, BRUCE D. SCHWARTZ, demands judgment of the Defendant, MARY K. HELLER, in an amount in excess of the amount requiring compu1eory arbitration. Respeotfu11y submitted, scHMIDT AND RONCA, P.C. ay A I~~J ~oott a. Cooper Attorney for Plaintiff 101 70242 209 state Street Harrisburg, PA 17101 (717) 232-6300 VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL 1/ BRUCE D. SCHWARTZ, verify that I am the plaintiff in the forcgoing action and that the attached COMPLAINT is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT, and to the extent that it is based upon information which I have given to my counsc1, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to .----7 unsworn falsifications made to authorities. ~ VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, ROSEANN M. SCHWARTZ, verify that I am the Plaintiff in the foregoing action and that the attached COMPLAINT is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsifications made to i. r i ! , I I ~ Vll1 B' ~., ,...1. ..h,) ",' l.', ",tilf; ~ J!'''!;!~'' ~~l 1 .....",.,,, - i'''"l' Cb W,. fiI _ ...."... - ~,\:~;;=; W "'~:::jI"! ~ ... ~~ ....-t .. ,< tst LAW Oft'FlCES Oft' DONAW R. DORER Scott A. Freeland, Esquire Attorney for Defendant 3907 lIartzdale Drive, Suite 706 Camp lilli, PA 17011 Telephone No. (717) 731.0988 BRUCB D, SCHWARTZ, and : IN TIlB COURT OF COMMON PLBAS ROSBANN M. SCHWARTZ, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs, : DOCKBT NO, 95-3632 MARY K. "Rtt RI{, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ENTRY OF APPBARANCB TO TIlB PROTHONOTARY: Kindly enter my appeamnce In the above-captioned mailer on behalf of the Defendant, Mary K. Heller. Respectfully submitted, LAW OFFICES OF DONALD R. DORBR SCOrf A. FRBBLAND, ESQUIRE Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Numher (717) 731.0988 Identll1calloll No. 55663 95-101 BRUCB D, SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlB COURT OF COMMON PLEAS : CUMBBRLAND COUNTY, PBNNSYLVANlA vs, : DOCKET NO. 95-3632 MARY K, HRI.I.RR., : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDBD CBRTIFlCA TB OF SBRVlCB SCOTI A. FREELAND, ESQUIRE, hereby certifies that he Is the attorney for the Defendant herein, and that he caused a tOle and correct copy of the attached Entry of Appearance on behalf of the Defendant to be seIVed by regular first class mall upon: Scott B, Cooper, Esquire Schmidt and Ronca, P.C, 2~ State Street Harrisburg, PA mOl November I, 1995 Date Scott A. Freeland, Esquire Attorney for Defendant __ .h m_ ,..__.+___",,"_ ... .---..- tAW O....ICES DONAI.Il R, nIlR.:R 3907 IhHlllIUI: 11M Slim: 706 CA~II' 1I111,I'A nOli (717'731-0988 .-AXl (7171731-0987 lIlIIl 1-800-611-2421 uu u .. Nay 2 2 5~ PH '95 fill, V' OFFil)f dt '!Ir r\'!(,f'I''"'l, ':l"~ CUl<W I .h~ ")~Nn tth~$YLVANI. .._~,._'- LAW m'I,'ICES OF 1l0NAW It. 1l00Um 39117 IIUI1zdllll' Ilrlvt!, Suitt! 7116 CII III II 1111I, I'A 171111 'I't!It!phoul' No, (717) 731-11988 95-101 BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wlfc, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : DOCKET NO. 95.3632 MARY K, HELLER, : CIVIL ACTION - LAW Dcfcndalll : JURY TRIAL DEMANDED PRAECIPIC TO 1~lu.: COMI)LAIN'I' TO THE PROTHONOTARY: Pleasc cntcr a RULE upon Plaintiffs to mc a Complaint within twcnty (20) days 10""" " "rr" ,10, 00'''' 0" ),d"",,, o~~~ Scott A, Freeland, Esquire Law Officcs of Donald R, Dorer 3907 Hartzdalc Drivc, Sultc 706 Camp Hili, PA 17011 Tclcphonc No, (717) 731-0988 Idcntlficatlon No. 55663 Atlonlcy for Dcfcndant RULI<: 1'0 I~IUC COMI)LAINT AND NOW, Ihls9"'~dIIY of ;D"ll. , 1995 a RULE is hcrehy cntcred upon thc Plaintiffs to mc a Complaint hcreln wlthlnlwcnty (20) days aftcr scrvlcc hcreof or suffcr Ihc cntry of a Judgmcnt of Non Pros. /11 .x~"III."f'." f' jd'$f *~4~ll~.7 ~~/~R(;;:HtNi~R~~ I 95-1111 BRUCE D. SCHWARTZ, and ROSBANN M, SCHWARTZ, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : DOCKET NO. 95-3632 MARY K, HELLHR, : CIVIL ACTION . LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SCOTI A. FREELAND, ESQUIRE, hereby certifies thai he Is the attomey for the Defendant herein, and Ihal he caused a Inte and correct copy of the lIttached Praecipe to File Complaint to be selVed by regular first class mall upon: Scott B. Cooper, Esquire Schmidt and Ronca, P,C, 209 State Street Harrisburg, PA 17101 November 8, 1995 Dale Scoll A, Freelan , Esquire Allomey for Defendllnl ,~ . ._..n.... tAW IWnnS DUNAJ.II R. nUlU:R J9il7 lI~hllllAllllh SI'III: 706 (~MI' 1I111.I'A 17011 (717) 731.0988 FAX: 17171 731-0987 11111: 1-8IKI-622-2421 - -, .. ~ ."-- _ ._~h. -.- -'-- \I,)r ,Ii 'I I t;'!.~ V Ii. .j ."1 \ I DRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA I I I CIVIL ACTION - LAW I NO. 95-3632 JURY TRIAL DEMANDED v. MARY K. HELLER, Defendant PLAINTIFFS' OBJECTIONS TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS UNDER PA.R.C.P. 4009 2. This request is objected to the extent that it asks for mental impressions, conclusions, or opinions of Plaintiffs' counselor concerns strategies, tactics, or attorney-client privilege. Respectfully sUbmitted, SCHMIDT AND RONCA, P.C. By, A ({ (;-../' Scott B. Cooper Attorney for Plaintiff ID# 70242 209 State Street Harrisburg, PA 17~01 (717) 232-6300 ~ ':'~~""""'- --;-...-...... ~'.........,~~,,'1 " .. AND NOW, thiS!'-11 Uiay of Ln(w/~~ Il B. Cooper/ Esquire ~ttorney for the Plaintiff, , 1995, I, Scott hereby certify that I have, this day, served PLAINTIFF'S OBJECTIONS by depositing a copy of the same in the United States Mai1, postage prepaid, at Harrisburg, Pennsylvania, addressed tal Scott Freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzda1e Drive suite 706 camp Hill, PA 17011 SCHMIDT AND RONCA, P.C. Py h /16- Soott B. Cooper Attorney for Plaintiffs 1. D. No. 70242 209 State street Harrisburg, PA 17101 (717) 232-6300 I"" .~ " t,i>...c .,.tit .} '1"'" ':I:j', ",' ~:,iJ '~;it ;;1. ;;)t" ,..,.1' ., , t i ,H..l (;" ",,"'t i:,'- ,--',,!, ,~; j 41 <1:'" t_ ~ it.' . ,,' ... ~ - ~ -.. "I l.u I:) ~. ~ lafl , . nRUCE D. SCI\I~AR'!'Z, and IWSEANN M. SCIlWAHn, Ilis Wife, Plaintiffs I IN TilE COUH'!' OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA I I I CIVIL ACTION - LAW I I NO. 95-3632 I JURY THIAL DEMANDED v. MARY K. IlEJ.l,m, Dofendant PLAINTIFFS' OBJECTIONS TO DEFENDANT'S INTERROGATORIES 14. Plaintiffs object to this Interrogatory to the extent that it seoks mental impressions, conclusions, or opinions of Plaintiffs' counsel. Further, Plaintiffs object to this Interrogatory to the extent that it seeks strategies, tactics, or privileged attorneY-Client communications of Plaintiffs' counsel. Reapectfu11y submitted, SCIlMIDT AND RONCA, P.C. By /t/V S"cott B. Cooper Attorney for Plaintiff ID# 70242 209 state Street Harrisburg, PA 17101 (717) 232-6300 _.. ANO NOW, this / ~il::I:IOCf'/;l~',:~l:C;t Bo Cooper, Esquire, attorney for the Plaintiff, ,1995/1/ Scott hereby certify that I have, this day, served PLAINTIFF'S OBJECTIONS by depositing a oopy of the same in the United Ststes Mail, postage prepaid, at Harrisburg, Pennsy1vania, addressed tor Scott Freeland, Esquire LAW OFFICES OF DONALD Ro DORER 3907 Hartzda1e Drive Suite 706 Camp Hi11, PA 17011 SCHMIDT AND RONCA, P.C. ay~f~per Attorney for Plaintiffs I. D. No. 70242 209 State Street Harrisburg / PA 17101 (717) 232-6300 or: ~.. "\I~'.t t"it'! \:t aTi"i~': .of." .'. r \..F ;;j 1'1, '<lJ.:J~ ,. (t rV" r;.t".~ ~31 !;f~ ,;;::t f' ,... -" ,..... .,~,.,t't1 ..,{~ ..,> ;.~ !ll: _. ..J.-., /'..) I.tJ o :'1. .L:: c.D CoM 95-101 I.AW m't'let:.., 01<' I)ONAW R. I)ORt:R Scott A. 11n.'fland, ENquire Attorney for Uefendanl 3907 lIartzdale nrlve, Suite 7116 Camp lilli, I'A 17011 Imphone Nil, 17171 731.0988 BRUCE D. SCIIW ARTZ, and ROSBANN M, SCHWARTZ, His Wife, Plaintiffs : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 95-3632 MARY K. HfiLLBR, : CIVIL ACTION . LAW Defendanl : JURY TRIAL DnMANDBD DBFBNDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITIl NEW MA TIER AND NOW, comes the Defendant, Mary K. Heller, by and through her allomey, Scoll A. Freeland, Esquire in support Defendanl's Answer to Plaintiffs' Complalnl with New MaUer hereby avers as follows: I, Denied. After reasonable Investigation, the Defendant Is without knowledge or Infonnation sufficient to fonn an opinion as to Ihe Inllh or falsity of said avennent. 2, Denied, Said avennent Is genemlly denied pursuant to PA.R.C,P, Rule 1029, 3, Denied, Said avennent Is genemlly denied pnrsuanl to PA.R.C,P, Rule 1029. 4. Denied, Said avennenl Is genemlly denied pursuant 10 PA,R.C,P. Rule 1029, 5. Denied, After reasonable Investigation, the Defendant Is without knowledge or Infonnatlon sufOclent to fonn an opinion as to the tnlth or falsity of said avennen\. Strict proof thereof Is demanded, 6, Admitted, 7. Denied, Said avennent Is genemlly denied pursuant 10 PA,R.C,P, Rule 1029. 8. Denied as stated. It Is admitted Ihal at said time and place, Defendant attempted to turn left Into her driveway at 830 Trindle Road, West. It Is specifically denied that the Defendant "stnlck" the motor vehicle In which Ihe Plaintiffs were tmvellng, It Is funher denied Ihat Defendant caused Injuries alleged In Plaintiffs' Complaint. Strict proof thereof Is demanded. 9. Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading. To the extentlhe thai response to pleading is required. it Is specifically denied that the accident alleged In Plaintiffs' Complaint was caused solely by the negligence, carelessness and recklessness of the Defendant, It is funher denied that the accident was In no way caused or contributed to by the Plaintiffs. COUNT. Bruce n. Schwartz v. Mary K. Heller 10, Pamgmphs one Ihrough nine of this Answer are Incorpomted herein by reference. 2 11. Denied, Said avennent constitutes a conclusion of law requiring 1m responsive pleading, To the exlent the that response to pleading Is required, said avennent Is gcnemlly denied pursuant to Pa. R.C.P. Rule 1029. By way of furthcr dcnlal, It Is specifically dcnlctl Ihat thc Dcfcndant was ncgllgcnt, carelcss and/or recklcss as IIl1cged In subpamgmphs II, through Ill. 12, Dcnled. SlIld IIvcnncnt constltutcs a conclusion of IlIw requiring no responsive pleading. To the extcnt thc that responslvc pleading Is required, sllld IIvcnncnt Is dcnled on the basis that Defcndant Is without knowledge or infonnatlon sufficient to fonn an opinion as to the tnUh or falsity of said avcnncnl. Strict proof Ihcreof is dcmandcd. 13. Dcnled. Said avcnncnt constitutes a conclusion of law requiring no responsive pleading, To the extent the that responslvc pleading Is required, said avenncnl Is denied on the basis that Defendant Is without knowledge or Infllnnatlon sufficlcnt to fonn an opinion as to the truth or falsity of said avenncnl. Strict proof thcreof Is dcmanded, 14, Dcnled, Said avcnllcnt constitutcs a conclusion of law requiring no responsive pleading, To thc cxtcnt thc that responsive pleading Is required, said avcnncnt Is denied on the basis that Defendant Is without knowledge or Infonnation sufficlcnt to fonn an opinion as to the lruth or falsily of sold avcnncnl. Strict proof thereof Is demanded. 15, Denied. Said avcnncnt constitutes a conclusion of law requiring no responsive pleading, To the extcnt the thaI responsive pleading Is required, sllld IIvenncnt is denied on the basis that Defendanlls wilhout knowledgc or infonnatlon sufficlcnt to fonn an opinion as to the truth or falsily of said avenncnl. Strict proof thereof Is demanded, 3 16, Denied. Said avennenl constitutes a conclusion of law requiring no responsive pllllldlng, To theexlenllhelhat responslvll pllllldlng Is required. said avennenl Is denied on the basis Ihat Defendant Is wllhoul knowledgo or Infonnatlon sufnclenlln fnnn an opinion as 10 Ihe tnllh or falsity of said avennen!. Strlcl pmof thereof Is demanded. 17, Denied. Said avennenl cnnslitutes II conclusion nf IlIw requiring nnresponslve pllllldlng. To the extenlthe thllt responsive pleading Is required. said avennent Is denied on the bllsls thai Defendanl Is without knowledge or Infonnallon sufficient to fonn an opinion as to the tnllh or falsity of said avennen!. StricI pnllll' Ihereof Is demanded, 18. Denied, Said avennent conslltutes a conclusion of law requiring no responsive pllllldlng, To Ihe extenl the that responsive pleading Is required. said avennent Is denied on the basis that Defendanl Is wlthoul knowledge or Infonnallon sufnclent 10 fonn an opinion as 10 the tnlth or falsity of said avennen!. Slrlct 110101' Ihereof Is demllnded. WHEREFORE. the Defendanl respeclfully pmys Ihls Honomhle Court 10 dismiss Plaintiffs' Colltplalnt and to enter judgment In favor of the Defendant, COUN'&' II Loss of Consortium Roseann M. Schwartz v. Mary K. Heller 19. Pamgmphs one through elghlccn of Ihls Answer are Illcorpornled herein by reference, 4 20, Denied, Said avenllent Cllllstltutes a conclusion of law requiring no responslvc pleading. To Ihc extcnt the that responsive pleudlng Is required, said uvenuent Is denied on the basis thut Defendant Is without knowledge or infonnallon suft1c1entto fonn an opinion as to the tnllh or falsity of said avennent. Strict proof thereof Is denlllnded, WHEREFORE, the Defendant respectfully pmys this Honomble Court to dismiss Plalnliffs' Complaint and to cnter judgment In favor of the Defendant. COUNT III Negligence RosC8nn M. Schwartz v. Mary K. lIeller 21. Paragraphs one through twcnty-one of this Answer are incorpomted herein by reference. 22, Please see answer to paragraph II. 23, Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading is required, said avenllent Is denied on the basis that Defendant Is without knowledge or Infonualion sufficient to fonll an opinion as to the truth or falsity of said avenuent. Strict proof thereof is demanded, 24, Denied, Said avennent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading Is required, said avennent Is denied on the basis that Defendant Is without knowledge or Infonllatlon sufl1c1ent to fonll an opinion as 10 the troth or falsity of said avennent. Strict proof Ihereof is demanded, 5 25. Denied, Said avennent constitutes II conclusion of law requiring no responsive pleading. To the extent the thai responsive plelUllng Is required, said avennenl is denied on the basis tlulI Defendant Is wHhout knowledge or Inlimuallon sufliclentto fonn an opinion as to the Inllh or falsity of said IIvennelll. Strict pl1lol' thereof is demanded. 26, Denied, Said avennent constllutes II conclusion of law requiring no responsive pleading. To Ihe extent Ihe thai responsive pleading Is required, said avennerll Is denied on the basis that Defendarll Is withoul knowledge or infonnatlon sufliclerll to fonn an opinion as to Ihe truth or falsHy of said avennelll, Slrict proof Ihereof is demanded. 27. Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the exterllthe Ihal responsive pleading is required, said avennent is denied on Ihe basis that Defendant is without knowledge or infonnalion sumclentto fonn an opinion as to the truth or falsHy of said avennenl. Strict proof thereof Is demanded, 28, Denied, Said avemlent constitutes a conclusion of law reqtllring no responsive pleading. To the extent the that responsive pleading is required, said avennent Is denied on the basis that Defendarllis without knowledge or Infonnation snfficlent to fonn an opinion as to the truth or falslly of said avennent. Strict proof thereof Is demanded. WHEREFORE, the Defendant respeclfully pmys Ihis Honomble Court to dismiss Plalnliffs' Complaint and to enter Judgment in favor of the Defendanl. 6 COUNT IV. IAlss of Consortium Broce n. Schwartz v. Mary K. Heller 29. Paragraphs one thnlUgh twenty-eight of this Answer Is Incorporated herein by reference. 30. Denied, Said avennent conslltutes R conclusion of law requiring no responsive pleading, To the extent Ihe that responsive pleading Is required, said avennent is denied on the basis that Defendant Is without knowledge or Infonnatlon sufficient to fonn an opinion as to the tnllh or falsity of said avennent. Strict proof thereof is demanded, WHBRBFORB, the Defendanl respectfully prnys Ihls Honornble Coun to dismiss Plaintiffs' Complaint and to enter judgment In favor of the Defendant. NEW MA TfI<:R 31, Parngraphs one thmugh thlny are incorpornted herein by reference, and made a pan hereof as If set forth In full. 32. Plaintiffs' claims are barred In whole or In pan by the pmvlslons of the Pennsylvania Comparative Negligence Act. 33. Plaintiffs' claims are barred In whole or In pan by the pmvlslons of the Pennsylvania No-Pault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 34, Plaintiffs' Complaint falls to 81ate a cause of action upon which relief may be granted. 7 35. By their own aCllons, the Plaintiffs did assume tho risk of any and all inJuries and/or damages allegedly suffered. 36. If there Is a legal responsibllily for the damages sel forth In Plaintiffs' Complalnl, the responsibility Is that of other Individuals and/or entities over wholl1 Defendant has no control. Plaintiffs' Injuries and dall1ages as alleged were not proxlrnalely caused In any ll1anner whatsoever by Defendant. 37. Plaintiffs' claims are barred by the applicable Slatute of Llrnltations, 38, All matters not heretofore directly controverted are hereby specllically denied. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs' Complaint, and 10 enter judgment against tho Plaintiffs and in favor of the Defendant. Respectfully submllled, LAW OFFICES OF DONALD R. DORER 6~ SCOTI A, FREELAND, ESQUIRE Allomey for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identlficallon No, 55663 8 - - - ~ ~-..-.... , - - .. 95-101 BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plainllffs vs, MARY K. HELLBR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO, 95-3632 : CIVIL ACTION . LAW Defendant : JURY TRIAL DEMANDED VERU'ICATION SCOTI A, FRBELAND, ESQUIRE, hereby stales that he is allorney for the Defendant in this action, and is authorized to verify that the slatements made In the foregoing pleading are true and correct to the best of his knowledge, infonnatlon and belief. TIle undersigned understands thatlhe statements therein are made subject 10 Ihe penallles of 18 Pa.C.S.A, 14904 relating to unsworn falsification to authorilles. November 11.J995 Date ,k ::/ Scoll A, Freeland, Esquire AlIorney for Defendant ---- 95.101 BRUCE D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PBNNSYL VANIA vs, : DOCKET NO, 95-3632 MARY K. HEllER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SCOTT A. FREELAND, ESQUIRE, hereby certifies that he Is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Answer to Plaintiffs' Complaint with New Matter 10 be served by regular first class mall upon: Scott B. Cooper. esquire Schmidt and Ronca, P.C, 209 State StICCt Harrisburg, PA 17101 November 17. 1995 Dale h-7 Scott A, Freeland. esquire Attorney for Defendant _.- . I.AWOn-ICES DtlNAI.lI R. DORt:R 3907 II~RlIlI"lIlR SI'IH: 706 n~lI' 1I111"I'A 17011 (7171731-11988 t'AXI (7171 731-0987 llllll 1-8lHl-6l1-1411 - ----- 'ij >-J BRUCE D. SCIIHAR'l'Z, and ROSEANN M. SCII\~AR'I'Z, lIis Hire, Plnlntiffs IN 'l'IlE COUR'I' OF COMMON PLEAS CUMBERLAND COUN'l'Y, PENNA . , v. CIVIL ACTION - LAW MARY K. IlELLER, Defendant NO. 95-3632 JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S NEW HATTER 31. Paragraphs 1 through 30 of Plaintiffs' Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 32. Paragraph 32 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the averments in Paragraph 32 are denied. Plaintiffs are without knowledge or sufficient inform~tion to form an opinion or belief as to the truth or falsity of the averment and strict proof is demanded thereof. 33. Paragraph 33 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the averments in Paragraph 33 are denied. Plaintiffs are without knowledge or sufficient information to form an opinion or belief as to the truth or falsity of the averment and strict proof is demanded thereof. )4. Pill'iltJ,'aph)4 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed requirod, the averments in Paragraph 34 are denied. Plaintiffs are without knowledge or SUfficient information to form an opinion or belief as to the truth or falsity of the averment and strict proof is demanded thereof. 35. Paragraph 35 of Defendant/s New Matter is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, the aVerments in Paragraph 35 are denied. Plaintiffs are without knowledge or sufficient information to form an opinion or belief as to the truth or falsity of the averment and strict proof is demanded thereof. 36. Paragraph 36 of Defendant's New Matter sets forth a conclusion of law to which no responsive pleading Is necessary. In addition, Paragraph 36 is not SUfficiently specific under Pennsylvania Supreme Court decision of Connor v. A11eqheny Gen. lIosp~, 501 Pa. 306, 461 A.2d 600 (1983), and essentially makes boilerplate allegations. Plaintiffs have a right to know prior to the close of discovery the names and identities of any other Individuals and/or entities over whom Defendants had no control who may h,1Vo l10en responsible for Plaintiffs' injuries. If the court determines that this Paragraph in Defendant's New Matter containe averment of fact, the same are denied for the reasone stated in the Complaint which is incorporated herein by reference. Strict proof of each allegation in the New Matter is demnnded prior to the close of discovery. 37. Paragraph 37 of Defendant's New Matter ia a conclusion of law to which no responsive pleading is required. By way of further answor, If a responsive pleading is deemed required, the averments in Paragraph 37 are denied. Plaintiffs are without knowledge or sufficient information to form an opinion or belief as to the truth or falsity of the averment and strict proof is demanded thereof. 38. All matters not heretofore directly controverted by Plaintiffs aro hereby specifically denied. Respectfully sUbmitted, SCHMIDT AND RONCA, P.C. 1 BY'n'~ '!tv- Sco t B. Cooper, Esquire Attorney for Plaintiff 101 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 " ICE~TiFlpATE OF ,ERVICE AND NOW, thia...)/:J(;;ay of /:tr.}t,i 1ft ill (C cooper/ F.squire, attorney for the Plaintiff, , 1995/ I, Scott 130 hereby certify that ) have, this day, served PLAINTIFF/S OBJECTIONS by depositing a copy of the same in the United states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed tOI Scott Freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive suite 706 Camp Hill, PA 17011 SCHMIDT AND RONCA, P.C. By ~ ~~/ SootFB. Cooper Attorney for Plaintiffs 1. D. No. 70242 209 Stats Street Harrisburg, PA 17101 (717) 232-6300 c ~.., "t.'i ~'h..L , >11'11"\ ;r;l,I.."h, '''lt~. ~u t'"i .'-1, .'.r' r-;1. ,0 ~t'j , '1'1 E"'. ..'"'1 t':n'?~ '.~I~'n ~4.. ~.;f" " e;= -, N .I~ "'. .' ~ 0: til ,~ . t-~ ',1- hl!l"~ ~'r1i-.~ ",~....t;~. ~~.,"\'f~ f' ""'11 ;"";')"1 hC:i "~;:J.1.~1 b,~~,.,.."!. .I!..-.'."t*"n 1.I,'qH, .:.:- .'. '-f~'~ ...... c?j ": i: r-,. ~ ~. Ii' lif ~ ,- 95.101 LAW OF1<'ICES OF DONALD R. UORI~R Scoll A. i"reelllnd, i'liqulre Attorney for Defendant 3907 lIartzdale Urlve, Suite 706 Camp 11111, ItA 17011 Telephone No. (717) 731-0988 BRUCB D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlB COURT OF COMMON PLEAS : CUMBBRLAND COUNTY, PBNNSYL V ANlA vs. : DOCKET NO. 95-3632 MARY K. HELLER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDBD PRAECIPE TO ATIAClI VERIFICATION TO DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITlI NEW MATIER TO TIlE PROTlIONOTARY: Kindly file the attached Verification to the Defendant's Answer to Plaintiffs' Complaint with New Matter filed with this Court on or about November 21, 1995 in the above referenced matter. Respectfully submitted, LAW OFFICES OF DONALD R, DORBR A, FREELAN ESQUIRE Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp HIli, PA 17011 Telephone Number (717) 731-0988 Identification No. 55663 ~" 95-101 nRUCB D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN ruB COURT OF COMMON PLBAS : CUMBBRLAND COUNTY, PBNNSYL V ANJA VI. : DOCKBT NO. 95-3632 MARY K. HBLLBR, : CIVIL ACTION . LAW Defendant : JURY TRIAL DBMANDBD VERIFICATION I, Mary K. Heller, verify that the statements made In the foregoing Defendant's Answer to Plaintiffs' Complaint with New Matter arc Ime and correct to the bcst of my knowledgc, lnfonnatlon and bellcf. I undcrstand thaI false statemcnts herein are made subject 10 the pcnaltlcs of Pa.C.S.A. 14904, relating to unsworn falsificallon to authorltlcs, Dated: / /- .) J I '/9.!i' I .. I /}/ /1 / '., J ~' /:4" (' _ , : ,l .' i. ,~ '- (. .1, Ml\~ J{, Heller, Dcfendant 95.101 BRUCB D, SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlB COURT OF COMMON PLBAS : CUMBBRLAND COUNTY, PBNNSYLVANIA vs. : DOCKBT NO, 95-3632 MARY K. HBLLBR, : CIVIL ACTION. LAW Defendant : JURY TRIAL DBMANDED CBRTIFlCATE OF SERVICE regular first class mall upon: scon A. FREBLAND, ESQIDRB, hereby certifies Ihal he is Ihe allomey for the Defendant herein, and that he caused a tme and correct copy of the Pmeclpe 10 Allach Verification to Defendant's Answer to Plaintiffs' Complaint wilh New Maller 10 be served by Scott B. Cooper, Esquire Schmidt and Ronca, P,C. 209 State Streel Harrisburg, PA 17101 November 29. 1995 Date SCOIl A. Freela ,Esquire Attorney for Defendant ~ - #" t~ ",.,.- ~;:ro l.l ~. ~j:i. (,J.. '."1' it;, d ~~ h.. ','c,.... ('JI ,1",1 ~ ~, .., ";'; ltlt' _I .1 i, d.' or I 'JlJ':1 ~:~ II t~ i.1'4 ~, }j'-> Yo: c'\- \{l t~ = ,-., ... Q -. -- S.. - li- e!~ ~;~~ e~~~~~f:!~ ~9<S2~g~ .. ="'=.- - ;S<J:: "'E:o<" Za: lE <C !,., u '" I: nHUCE D. SCIIWAHTZ / and I IN THE COURT or COMMON PLEAS 1l0B~:^NN M. sclIWARtZ / Iii s IHfo, I CUMaERLAND COUNTY. PENNA t Plaintiffs I CIVIL ACTION - LAW I v. I I MARY K. HELLER. I NO. 95-3632 I Defendant I JURY TRIAL DEMANDED ~ l>:,\ n IJI '11 1_ :-J "n, ~7'?it ~~~ I:!}~ -~ - I#f N lh"-.! N i1 i-<.'",' ttC:J i:': '. I ..19 -. ~ji" ~n - ft .... ."., .. ~ .l:O ?{ U1 ~ BRUCE IJ. SCHWAR'l'Z / and I IN 'I'HE COUll'/' OF COMMON PLEAS 1l0SEANN M. SCIlWARTZ, lliB WHo, I CUHUERLANIJ COUN'I'V / PENNA I Plaintiffll I CIVIL AC'I'lON - I.AW I V. I I MARV K. HeLLeR, I No. 95-3632 I Defendant I JURV TRIAL DEMANDED CERTIFICATE OF SERVICE 'I... . AND NoW this J~ day of Cooper, Esquire, hereby certif 1996/ I, Scott B. I have this day served Plaintiff, Bruce Schwartz, Responses to Defendant's Interrogatories by sending a copy of the same United States Mail, regular mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Scott Freeland, Esquire LAW OFFICES OF DONALD R, DORER 3907 Hartzdale Drive Suite 706 Camp Hill, PA 17011 SCHMIDT AND RONCA, P.C. BYI ~#v S..:ott U. Cooper I. D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs .~ I" Q U\ t,... :;1 ar'] ..,.. ~_ tll ,.. .II;!] .~ t....,).,l N "2. ..;t ~1.) N Ii p;1'.:i 7.;: '~~I~ ,; d ff...g ~. !:'\;; - ....; '~rT ,<>\" - ~ " ~ ~ ~~ U1 , '. BRUCE D. SCIIWARTZ, and ROSEANN M. SCHWARTZ, lIis Wife, Plaintiffs IN TilE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNA v. CIVIL ACTION - LAW MARY K. HELLER, Defendant NO. 95-3632 JURY TRIAL DEMANDED NOTICE OF DEPOSITION TOr Mary Heller and Scott freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive Suite 706 Camp Hill, PA 17011 PLEASE TAKE NOTICE that the deposition of Mary Heller will be taken on Wednesday, February 14, 1996/ at 9100 a.m. and continuing thereafter until completed before a Notary public or other person authorized to take oaths by law, at the office of Schmidt and Ronca, P.C., 209 State streett Harrisburg, Pennsylvania. SCHMIDT AND RONCA, P.C. BytA,/fv Scott B. Cooper I. D. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs '. CERTIFICATE OF SERVICE /(7{ AND NoW this -LU-- day of / 1996/ I, Scott B. Cooper, Esquire, hereby certify this day served a Notice of Deposition by sending a copy of the same United States Mail, regular mail, postage prepaid, at Harrisburg, pennsylvania, addressed to: Scott Freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive suite 706 Camp Hill, PA 17011 SCHMIDT AND RONCA, P.C. Byt A;ltf/ Soott B. Cooper 1.0. #70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs .. e \0 0 ! l:n '11 1.- :-1 ; ~~1 ?1 ,.~ I ,11- N t1 !J l:1~1 to,) " - .J '"',..., : "U t: l,J -r;I "_I . ',. , 1~) I l?:C' - ~II' :~t;j toj .. ~~ l'.:J to> ... , , LAW OPPICES OP DONALD R. DORBR Swll A. Prcclallll, Esquire Alll1n1ey fur Defendant 3907 Hart1.dale Drive, Sulle 7116 Camp Hill, PA 171111 Telephone No, 17I7l 731-ll91111 95.101 BRUCB D. SCHWARTZ, and : IN TIm COURT OF COMMON PLEAS ROSBANN M. SCHWARTZ, His Wife, : CUMBBRLAND COUNTY, PBNNSYLVANIA Plaintiffs vs, : DOCKBT NO. 95-3632 MARY K. HBLLBR, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDBD ORDER AND NOW, this _ day of , 1996, upon consldemllon of Ihe wllhln Motion for Leave of COUl1 to Amend Answer 10 Include Cross Claim Agalnsl Plaintiff Driver, a Rule Is hereby Issued upon the Plaintiffs to show cause why Ihe relief requested should nol be gmnled. RULB RBTURNALDB wllhln 2ll days of service. BY TIlB COURT: Dated: \, ,) I /u/\ ( J. .,. ..' 0:,\ y:? . ;~!! , i1 i<./ i..,i I" u:!:i I' " '.., ., ~;~)';./:!~). ~ LAW OFFICES OF DONALD R. DORER Scott A. Freeland, Esquire Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone No. (717) 731-0988 BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs vs. MARY K. HELLER, 95-101 : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO, 95.3632 : CIVIL ACTION. LAW Defendant : JURY TRIAL DEMANDED AND NOW, this _ day of ORDER , 1996, upon consldemtlon of the attached Motion for Leave of Court to Amend Answer to Include Cross Claim Against Plaintiff Driver, It Is hereby ordered that Defendant is gronted leave 10 amend her answer to include a cross claim against Plaintiff, Bruce D, Schwartz. Dated: BY TIlE COURT: J, 95-101 LAW OFFICES OF DONALD R. DOlillR Scull A. Freeland, Esquire Allomey fur Defendant 3907 lIartldale Drive, Sulle 7011 Camp Hill, PA 17011 Telephone No. 17I71 731-091111 95.101 DRUCB D. SCHWARTZ, and ROSEANN M, SCHWARTZ, His Wife, Plaintiffs : IN mE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 95-3632 MARY K. HELLER, : CIVIL ACTION - LAW Defendanl : JURY TRIAL DEMANDED MOTION FOR LBA VB OF COURT TO AMEND ANSWBR TO INCLUDE CROSS CLAIM AGAINST PLAINTIFF, DRIVER AND NOW, comes the Defendant, Mary K, Heller, by and through her attonley, SCali A. Freeland, Esquire, In support of the Motion for Leave to Amend Answer, hereby slates as follows: 1. The Plaintiffs filed a Complaint against Defendant, Mary K. Heller on or about October 31, 1995. A copy of said Complaint Is attached hereto and marked as Exhibit II A". 2. Plaintiffs allege In said Complaint Ihal they suffered Injuries In 1\ motor vehicle accident that occurred on August 21, 1993 at apprnxhnately II: III p,m. Oll Trindle Road, SR64I, Sliver Springs Township, Cumberland Counly, Penllsylvanla, 3. Plaintiffs' Complaint further alleges that Plaintiff, Bruce D. Schwartz was the opemtor of the van Imvellng west on Trindle Road when a car opemted hy Defendant, Mary K. Heller, tmvellng east on Trindle Road, allempted 10 tUn! left Into Defendant's driveway when a collision occurred hetween the two vehicles. 4, Defendant filed an Answer with New Matter to Plaintiffs' COlllplalnt on or about November 21, 1995. A copy of said Answer with New Maller is attached hereto and marked as Exhibit "B". 5. After the filing of Defendant's Answer with New Maller, counsel for the Defendant received a telephone call from Jacob Heisey indicating that Mr. Heisey came upon the scene of the accident after it's occurrence and talked with the Plaintiffs about the accident and whether any Injuries were sustained as a result of Ihe accident. 6, Mr, Heisey Indicated to defense counsellhal he obselVed Plaintiffs' vehicle along the side of lhe road with no lights on olher than the hazard signals. Mr. Heisey asked Plaintiff husband whelher his lights were on when the accident occurred and Plaintiff husband staled thai "he did not know". This evidence along with other evidence available in this case leads Defendant to believe Ihal Plaintiff, Bruce D, Schwartz negligently failed to have his headlights on when Ihe accident occurred, Such negligence was a proximate cause of Ihe accident at Issue, 2 7. Soon after the aforesaid conversation, on or about January II, 1996, counsel for the Defendant contacted Plaintiffs' counsel requesting consent to file an Amended Answcr with New Maner 10 includc a Cross Claim against Mr, Schwanz for nny Uamages suffered by Mrs. Schwartz In the motor vchlcle accident. Plnlntlffs refused to consent to Ihe requested amendmcnt. 8. Since the Statutc of L1mltntlons has cxpired, the requested amendment to the Answer seeks only to add a Cross Claim for joint liability with the Defendant, as well as liability over to the Defendant for purposes of contribution and/or Indemnification, 9, The statute of limitations for purposes of contribution and indemnification does not begin to run until a judgment Is entered against a Defendant. TIllIs, it is respectfully submined that Plaintiff wil1 suffer no prejudice If Defendant is grnllled leave to amend her Answer to add a Cross Claim against the Plaintiff driver since Defendant would have an opportunity to seek contribution and/or indemnification at a later date if a Judgment Is entered against her In this action, 10. Wilh the goal of judicial efficiency, It is submlned that all claims including any claim for indemnily and contribution should be addressed in the present action rnther than forcing Defendant Heller to bring n subsequent clnhn for contribution and Indemnification ngalnst Bruce D, Schwnnz. . 3 WHBRBFORE, It is respectfully requested that Defendant be gmnled leave to amend her Answer with New Matter to add a Cross Claim against Plaintiff. Bmce D. Schwartz alleging joint liability with the Defendant and liability over to the Defendant for damages alleged In Plaintiffs' Complaint. Respectfully submlued, LAW OFFICES OF DONALD R, DORER A. FREELAND, ESQUIRE Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone No, (717) 731-0988 Identification No, 55663 4 Exhibit A . , ..."....,.;. .. ., H' H'H (j) v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA I I I CIVIL ACTION ~ LAW I I NO. 95-3632 JURY TRIAL DEMANDED BRUCE D. SCHWARTZ, and ROSEANN H. SCHWARTZ, His wife, Plaintiffs MARY K. HELLER, Defendant NOT ICE 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. Court Administrator cumberland county Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 C) ,- n ~';I -e s.. "12,t-....-. ~ rrtt";;;;:: :t '7...., '" ~__~L" U'f',.;':T 5 ....:, :'0 -;t:-r...., Sf: .J"" W ~C'.!:=:'; ;;~~m ~ ~f~. - ..(~ ~ . . , " BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PENNA v. I I CIVIL ACTION - LAW I I NO. 95-3632 I JURV TRIAL DEMANDED MARV K. HELLER, Defendant COHPL~INT AND NOW/ comes the Plaintiffs, BRUCE D. SCHWARTZ and ROSEANN M. SCHWARTZ, His Wife, by and through their attorneys/ SCHMIDT AND RONCA, P.c., and respectfully avers as follows I 1. Plaintiffs, BRUCE D. SCHWARTZ AND ROSEANN H. SCHWARTZ, are adult individuals currently residing at 1025 Apache Trail, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, MARY K. HELLER, is an adult individual currently residing at 830 Trindle Road West, Hechanicsburg, Cumberland county, Pennsylvania 17055. J. The events hereinafter described took place on or about August 21/ 1993/ at or about 8110 p.m. on Trindle Road, SR641 West/ Silver springs Township, Cumberland County, Pennsylvania. 4 At the aforementioned time and place, Bruce D. Schwartz and Roseann M. Schwartz were traveling west on Trindle Road in a 1988 Ford van. 5. At the aforementioned time and placer Bruce Schwartz was the owner and operator of the van, and his wife, Roseann, was a passenger. . 6. At the aforementioned time and place, the Defendant, MARY K. HELLER, was the owner and operator of a 1978 Chevy Impala and traveling east on Trindle Road. 7. At the aforementioned time and place, it. was dusk, the road was dry, and there was no adverse weather conditions. 8. At the aforementioned time and placer Defendant MARY K. HELLER, attempted to turn left into her driveway at 830 Trindle Road West when she struck the motor vehicle in which the plaintiffs were traveling, causing the injuries set forth below. 9. The accident was caused solely by the negligence, carelessness, and recklessness of the Defendant, MARY K. HELLER, and was in no way caused or contributed to by the Plaintiff, BRUCE D. SCHWARTZ and ROSEANN M. SCHWARTZ. COUNT I Bruce D. Schwartz v. Marv K. Heller 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in full. 11. The Defendant, MARY K. HELLER's negligence, carelessness, and recklessness consisted of the following: (a) Failing to have her vehicle under proper and adequate control; (b) Failing to apply the brakes in time to avoid the collision with the Plaintiff's vehicle; (c) Failing to observe the Plaintiff's vehicle lawfully on the highway; (d) Failing to operate her vehicle in accordance with existing traffic controls and traffic conditions; (e) Failing to exercise the high degree of care required of a motorist entering an intersection; (f) Failing to drive at a speed and in a manner that would allow her to stop within the assured clear distance ahead; thereby, causing her to collide with the Plaintiff's vehicle; (g) Failing to keep a reasonable lookout for other vehicles lawfully on the road; (h) Attempting to enter an intersection when such movement could not be safely accomplished; (i) Failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles lawfully on the highway; (j) Failing to yield the right-of-way to oncoming traffic I (k) operating her vehicle so as to create a dangerous situation for other vehicles on the roadway; (1) Failing to properly observe traffic signals controlling her direction of travel; (m) operating her vehicle in violation of S3322 of the Pennsylvania Motor Vehicle code. 12. As the direct and proximate result of the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, suffered severe and permanent injuries which include, but are not limited to the following: (a) Neck pain; (b) Impingement on the intervertebral foramina at the C3-4 level; (c) Headaches; and (d) Loss of stamina. 13. As a direct and proximate result of the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, incurred approximately $620.50 in medical expenses to date, and he will continue to incur medical bills for treatment in the future. 14. As a direct and proximate result of his injuriee, the Plaintiff, BRUCE D. SCHWARTZ, has incurred lost wages and will continue to sustain lost wages in the future. 15. As a direct and proximate result of his injuries, the Plaintiff, BRUCE D. SCHWARTZ, has undergone in the past and in the future, will continue to undergo great pain and SUffering. 16. As a direct and proximate result of his injuries sustained in the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, has been obliged to expend various sums of money and incur various expenses for the injuries that he has suffered and may continue to incur the same in the future. 17. As a direct and proximate result of his injuries sustained int he aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 18. As a direct and proximate result of the injuries sustained in the aforesaid accident, the Plaintiff, BRUCE D. SCHWARTZ, has suffered a pormanent loss of earning power and earning capacity. ~ WHEREFORE, the Plaintiff demands judgment of the Defendant, MARY K. HELLER, and in amount in excess of the amount requiring compulsory arbitration. i I , COUNT II Loss of consortium Roseann M. Sohwartz v. Marv K. Heller 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 20. As a direct and proximate result of the injuries sustained by her husband in the motor vehicle accident, the Plaintiff, ROSEANN M. SCHWARTZ, has been and will be deprived of the assistance, companionship, consortium, society of her husband, all of which have been and will be to her great loss and detriment. WHEREFORE, the Plaintiff, ROSEANN M. SCHWARTZ, demands judgment of the Defendant, MARY K. HELLER, in an amount in excess of the amount requiring compulsory arbitration. COUNT III Nealiaence Roseann M. Schwartz v. Marv K. Heller 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in full. 22. The Defendant, MARY K. HELLER's negligence, carelessness, and recklessness consisted of the followingt (a) Failing to have her vehiclo under proper and adequate control; (b) Failing to apply the brakes in time to avoid the collision with the Plaintiff's vehicle; (c) Failing to observe the Plaintiff's vehicle lawfully on the highway; (d) Failing to operate her vehicle in accordance with existing traffic controls and traffic conditions; (e) Failing to exercise the high degree of care required of a motorist entering an intersection; (f) Failing to drive at a speed and in a manner that would allow her to stop within the assured clear distance ahead; thereby, causing her to collide with the Plaintiff'S vehicle; (g) Failing to keep a reasonable lookout for other v9hicles lawfully on the road; (h) Attempting to enter an intersection when such movement could not be safely accomplished; (i) Failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles lawfully on the highway; (j) Failing to yield the right-of-way to oncoming traffic; (k) operating her vshicle so as to create a dangerous situation for other vehicles on the roadway; (1) Failing to properly observe traffic signals controlling her direction of travel; (m) operating her vehicle in violation of 53322 of the Pennsylvania Motor Vehicle Code. 2J. As the direct and proKimate result ot the atoreGaid accident, the Plaintitt, BRUCE D. SCHWARTZ, suttered severe and permanent injuries which include, but are not limited to the tOllowingl (a) Lett and right side neck pain; (b) Headaches; (c) Reduced range ot motion in the neck; (d) Muscular spasticity; (e) Vertebral subluxations; (t) Moderate loss ot cervical curvet (g) Vertebral misalignment; (h) Acute moderate poliomyocytis; and (i) Acute thoracic strain and sprain. 24. As a direct and proximate result of the atoresaid accident, the Plaintitt, ROSEANN M. SCHWARTZ, incurred approximately $7/175.75 in medical expenees to date, and she will continue to incur medical bills tor treatment in the tuture. 25. As a direct and proximate result of her injuries, the Plaintitt, ROSEANN M. SCHWARTZ, has undergone in the past and in the future, will continue to undergo great pain and sutfering. 26. As a direct and proKimate result ot her injuries sustained in the atoreeaid accident, the Plaintitf, ROSEANN M. SCHWARTZ, hae been obliged to expend various sums of money and incur various expenses tor the injuries that she has suttered and may continue to incur the same in the tuture. 27. As a direct and proximate result ot her injuries sustained in the aforesaid accident, the Plaintiff, ROSEANN M. SCHWARTZ, has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 28. As a direct and proximate result of the injuries sustained in the aforesaid accident, the Plaintiff, ROSEANN M. SCHWARTZ, has suffered a permanent loss of earning power and earning capacity. WHEREFORE, the plaintiff demands judgment of the Defendant, MARY K. HELLER, and in amount in excess of the amount requiring compulsory arbitration. I l , COUNT IV Loss of consortium Bruoe D. Schwartz v. Marv K. Heller 29. Paragraphs 1 through 28 are incorporated herein by reference as if set forth in full. 30. As a direct and proximate result of the injuries sustained by his wife in the motor vehicle accident, the Plaintiff, BRUCE D. SCHWARTZ, has been and will be deprived of the assistance, companionship, consortium, society of his wife, all of which have been and will be to his great loss and detriment. WHEREFORE, the Plaintiff, BRUCE D. SCHWARTZ, demands judgment of the Defendant, MARY K. HELLER, in an amount in excess of the amount requirinq compulsory arbitration. Respectfully submitted, SCHMIDT AND RONCA, P.C. ,. By Sco t B. Cooper I Attorney for Plainti! ID# 70242 209 state Street Harrisburq, PA 17101 (717) 232-6300 1.#- . \ . . VERIFIOATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, BRUCE D. SCHWARTZ, verify that I am the Plaintiff in the foregoing action and that the attached COMPLAINT is based upon the information which has been gathered by my counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made SUbject to the penalties of 18 Pa.c.s. 54904 relating to unsworn falsifications made to authorities. ./' ./ . VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INPORHATION SUPPLIED BY COUNSEL I, ROSEANN M. SCHWARTZ, verify that I am the' Plaintiff in the foregoing action and that the attached COMPLAINT is based upon the information Which has been gathered by my counsel in preparation of this lawsuit. The language of the COMPLAINT is that of counsel and is not mine. I have read the COMPLAINT, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knOWledge, information, and belief. To the extent that the contents of the COMPLAINT are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsifications made to authoritles. . l!u&..U..I& "' 95-101 LAW OFli'JCES OF nONALI> R. nORER Scoll A. I~reelllnd, J!.tlqulre Attorney for I>efendllnt 3907 IIllrtzdllle nrlve, Suite 706 Cllmp lilli, I'A 17011 Telephone No. (717) 731-0988 BRUCE D, SCHWARTZ, and ROSEANN M, SCHWARTZ, His Wife, Plaintiffs : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : DOCKET NO. 95.3632 MARY K. HELLER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITII NEW MA ITER AND NOW, comes the Defendant, Mary K. Heller, by and through her attorney, Scott A, Freeland, Esquire In suppon Defendant's Answer to Plaintiffs' Complaint with New Matter hereby avers as follows: I. Denied. After reasonable investigation, the Defendant is without knowledge or infonnatlon sufficient to foml an opinion as to the truth or falsity of said avennenl. 2. Denied. Said avennent is generally denied pursuant to PA.R.C.P, Rule 1029. 3, Denied. Said avennentls generally denied pursuant to PA.R.C.P. Rule 1029, 4, Denied. Said avennent is generally denied pursuant to PA.R.C.P. Rule 1029. . -: " S. Denied, After reasonable investigation, the Defendant is wilhout knowledge or infornlation suff1cientto fonn an opinion as to the truth or falsity of said aventlent. Strict proof thereof is demanded, 6. Admitted, 7, Denied, Said avenuent is generally denied pursuant to PA.R,C,P, Rule 1029. 8. Denied as stated. 11 is admitted that at said time and place, Defendant attempted to turn left into her driveway at 830 Trindle Road, West, 11 is specifically denied that the Defendant "struck" the motor vehicle in which the Plaintiffs were traveling. 11 is further denied that Defendant caused injuries alleged in Plaintiffs' Complaint. Strict proof thereof is demanded. 9. Denied, Said avenuent constitutes a conclusion of law requiring no responsive pleading. To the extent the that response to pleading is required, It is specifically denied that the accident alleged in Plaintiffs' Complaint was caused solely by the negligence, carelessness and recklessness of the Defendant. It is further denied that the accident was in no way caused or contributed to by the Plaintiffs. COUNT I Bruce D. Schwartz v. Mary K. Heller 10. Paragraphs one through nine of this Answer are incorporated herein by reference. . 2 II, Denied. Said 8vemlent constitutes a conclusion of law requiring no responsive pleading. To the extent the that response to pleading Is required, said avemlent Is generally denied pursuant to Pa. R.C.P, Rule 1029. By way of further denial, It Is specifically denied that the Defendant was negligent, careless and/or reckless as alleged In subparagraphs a, through m. 12. Denied, Said avemlent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading Is required, said avennent is denied on the basis that Defendant is without knowledge or Infonnation sufficient to foml an opinion as to the muh or falsity of said avennent. Strict proof thereof is demanded, 13, Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading Is required, said avemlent Is denied on the basis that Defendant Is without knowledge or Infom18tion sufficient to fonn an opinion as to the truth or falsity of said avennenl. Strict proof thereof Is demanded, 14. Denied. Said avenncnt constitutes a conclusion of law reqnlrlng no responslvc pleading. To the extent the that responsive pleading Is reqnlred, said avenncnt Is denied on Ihc basis that Defendant Is without knowledge or infonnation sufficient to foml an opinion as to thc truth or falsity of said avcnncnl. Strict proof thereof Is dem8nded. 15, Dcnled, Said avcnncnt constltutcs a conclusion of law requiring no responsive plcadlng. To Iltc exterll tltc that responsive pleading Is required, said avcmlcnt Is dcnled on the hasls Iltat Dcfendant Is without knowledge or Infomlation sufficient to fonn an opinion as to thc tlllth or falsity of said 8vcnncnl. Strict proof thcreof Is dcmanded, 3 ." 16. Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading Is required, said avcmlcnt Is denied on the basis that Defendant Is without knowledge or Infonnallon sufficient to fonn an opinion as to the truth or falsity of said avennent, Strict proof thereof Is demanded. 17. Denied, Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading is required, said avemlent Is denied on the basis that Defendant Is without knowledge or Infonnatlon sufficient to fonn an opinion as to the truth or falsity of said avennen!. Strict proof thereof Is demanded. 18. Denied, Said avennent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading Is required, said avennent Is denied on the basis that Defendant Is without knowledge or Infonnatlon sufficient to fonn an opinion as to the truth or falsity of said avennen!. Strict proof thereof Is demanded, WHEREFORE, the Defendant respectfully pmys this Honomble Court to dismiss Plaintiffs' Complaint and to enter judgment In favor of the Defendant, COUNT n Loss of Consortium Roseann M. Schwartz v. Mary K. Heller 19. Pamgmphs one through eighteen of this Answer are IncOlpomted herein by reference, 4 . ,j 20. Denied, Said avennent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading is required. said avemlent is denied on the basis that Defendant is without knowledge or infomtlltion sufficient to foml an opinion as to the truth or falsity of said avemtenl. Strict proof thereof is demanded. WHEREFORE. the Defendant respectfully prays this Honorable Coun to dismiss Plaintiffs' Complaint and to enter judgment in favor of the Defendanl. COUNT m NegIlgence Roseann M. Schwartz v. Mary K. lIeIler 21. Paragraphs one through twenty-one of this Answer are incorporated herein by reference. 22, Please see answer to paragraph 11. 23. Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading is required. said avennent is denied on the basis that Defendant is without knowledge or infonnation sufficient to fonn an opinion as to the truth or falsity of said avemlenl. Strict proof thereof is demanded, 24, Denied. Said avennent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading is required. said avennent Is denied on the basis that Defendant Is without knowledge or infonnatlon sufficient to fonn an opinion as to the truth or falsity of said avennenl. Strict proof thereof is demanded. 5 25. Denied, Said avemtent consthutes a conclusion of law requiring no responsive pleading. To the extent the thai responsive pleading Is required, said avennent Is denied on the basis that Defendant Is without knowledge or Infommtlon sufficient to foml an opinion as to the truth or falsity of said avenuent. Strict proof thereof Is demanded, 26. Denied, Said avenuent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading Is required, said avemlent Is denied on the basis that Defendant Is without knowledge or Infomlatlon sufficient to fonn an opinion as to the truth or falsity of said avenuent. Strict proof thereof is demanded. 27. Denied. Said avenuent constitutes a conclusion of law requiring no responsive pleading, To the extent the that responsive pleading Is required, said avennent Is denied on the basis that Defendant Is without knowledge or Infomlatlon sufficient to foml an opinion as to the truth or falsity of said avemlent. Strict proof thereof Is demanded, 28, Denied. Said avenuent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading is required, said avennent Is denied on the basis that Defendant Is without knowledge or Infonl1atlon sufficient to fomt an opinion as to the truth or falsity of said avemlenl. Strict proof thereof Is demanded, WHEREFORE, the Defendant respectfully prnys this Honomble Court to dismiss Plaintiffs' Complaint and to enter judgment In favor of the Defendant. . 6 ~OUNl' JV. Loss of COll!iortlum Druce D. Schwurtz v. Mal')' K. lIeller 29. Pamgmphs one through twenty-eight of this Answer Is Incorpomted herein by reference, 30, Denied. Said avemlent constitutes a conclusion of law requiring no responsive pleading. To the extent the that responsive pleading Is required, said avennent is denied on the basis that Defendant Is without knowledge or Infonnation sufficient to fonn an opinion as to the truth or falsity of said avennent. Strict proof thereof Is demanded. WHEREFORE, the Defendant respectfully pmys this Honomble Court to dismiss Plaintiffs' Complaint and to enter judgment In favor of the Defendant. NEW MATTER 31. Pamgmphs one through thirty are Incorpomted herein by reference, and made a part hereof as If set forth In full. 32, Plaintiffs' claims are barred In whole or In part by the provisions of the Pennsylvania Compamtlve Negligence Act. 33, Plaintiffs' claims are barred In whole or In part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act andlor the Pennsylvania Motor Vehicle Financial Responsibility Law. 34. Plaintiffs' Complaint falls to state a cause of action upon which relief may be gmnted, 7 35, By their own actions, the Plaintiffs did assume the risk of any and all injuries and/or damages allegedly suffered. 36, If there Is a legal responsiblllty for the damages set forth In Plaintiffs' Complaint, the responslbillty Is that of other Individuals and/or entities over whom Defendant has no control. Plaintiffs' Injuries and damages as alleged were not proximately caused in any manner whatsoever by Defendant. 37. Plaintiffs' claims are barred by the applicable Statute of Limitations. 38. All matters not heretofore directly controverted are hereby specifically denied, WHBRBFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant. Respectfully submitted, LAW OFFICES OF DONALD R, DORER ~~ SCOTI' A. FREELAND, ESQUIRE Attorney for Defendant 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No, 55663 - 8 95-101 BRUCB D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIm COURT OF COMMON PLBAS : CUMBERLAND COUNTY. PENNSYLVANIA vs. : DOCKBT NO, 95-3632 MARY K. HBllBR, : CIVIL ACTION - LAW Defendant : JURY TRIAL DBMANDBD VERIFICATION SCOTI' A, FRBELAND. BSQUlRB. hereby states that he Is attorney for the Defendant in this action, and Is authorized to verify that the statements made In the foregoing pleading are true and correct to the best of his knowledge. Infonnatlon and beUef, The undersigned understands that the statements therein are made subJect to the penalties of 18 Pa.C,S.A, 04904 relating to unsworn falsll1catlon to authorities. _k~ Scott A. Freeland, Bsquire Attorney for Defendant -- Date . 95-101 BRUCB D. SCHWARTZ, and ROSBANN M, SCHWARTZ, His Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 95-3632 MARY K. JrnII.RI{, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CBRTIFlCATE OF SERVlCB SCOTT A, FRBBLAND, ESQUIRE, hereby certifies that he Is the attorney for the Defendant herein, and that he caused n true and correct copy of the attached Defendant's Answer to Plaintiffs' Complaint with New Matter to be served by regular first class mail upon: Scott B. Cooper, Bsqulre Schmidt and Ronca, P.C. 209 State Street HarrIsburg, PA 17101 ~~ Scott A. Freeland, Esquire Attorney for Defendant Date 95.101 BRUCE D. SCHWARTZ, and : IN TIlE COURT OF COMMON PLEAS ROSEANN M, SCHWARTZ, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs, : DOCKET NO, 95-3632 MARY K, HELLER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE SCOTI A. FREELAND, ESQUIRE, hereby certifies that he Is Ihe allomey for the Defendant herein, and that he caused a tnle and correct copy of Defendant's Motion for Leave of Court 10 Amend Answer to Include Cross Claim Againsl Plaintiff Driver to be served by regular first class mall upon: Scali D, Cooper, Esquire Schmidt and Ronca, P,C. 209 Slate Streel Harrisburg, PA 17101 Fcbnlary 22. 1996 Date S II A. Freeland, E quire Allomey for Defendant ~ IJ -.J 6..~ 'G" ~. . . . ~ ' ~." ~ ~!' ~~:l.. ~~r; -~~~~~~~ ~-I;j,S'~ e~ ~ lta ~ r,l f q \n L,J (i\ f') ~i '" , I 1'.1, . :'". , . ~.J 'rl f.j' I,) '," c." ['1 Ie;. ; , '~'. , ,) . ;, :;J . . .. . .:"; (.) "j .. ;11 ; (.\ . I . t:l ~.i \ j , ~ BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v. CIVIL ACTION - LAW MARY K. HELLER, Defendant : NO. 95-3632 JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO AMEND ANSWER TO INCLUDE CROSSCLAIM AGAINST PLAINTIFF DRIVER AND NOW, come the Plaintiffs, by and through their attorneys, SCHMIDT AND RONCA, P.C., and respectfully sets forth as follows in apposition to Defendant's Motion for Leave to Amend Answer: 1. Admitted. 2. Admitted. 3. Denied as stated. Plaintiffs' Complaint speaks for i tseH. 4. Admitted. 5. Denied. After reasonable investigation, answering Plaintiffs are unable to form a reasonable belief or informatoin as to the truth of this averment. By way of further anawer, strict proof of this allegation is demanded. Furthermore, Plaintiffs served Interrogatories on the Defendant in November 1995 and have never received any transcribed statement or identification of this "witness". 6. Denied. After reasonable investigation, answering Plaintiffs are unable to form a sufficient belief or information as to the truth of this averment. In addition, Plaintiffs objeot to the Defendant's attempt to elioit hearsay testimony in this Motion. Furthermore, the averments in Paragraph 6 partly contain conclusions of law to which no responsive pleading is required. By way of further, if any responsive pleadings are required to the Defendant's conclusions of law, then the averments are denied, and strict proof is demanded thereof. 7. Denied as stated. Plaintiffs have no idea whether or not the referred to conversation occurred soon after the aforesaid "conversation". Furthermore, Plaintiffs' counsel notified Mr. Freeland that he would not consent to amending the Answer on or about January 16, 1996. Plaintiffs believe and aver that filing this Motion almost five weeks after Defendants were notified of Plaintiffs' refusal to oonsent is unreasonable, will constitute delay, and unduly prejudice the Plaintiffs. 8. Paragraph 8 is a conolusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, Plaintiffs deny the averments of Paragraph 8. Furthermore, Plaintiffs aver that the statute of limitations has expired, and the Defendants had over two years in which to talk to Mr. lIeisey, who is believed to be a relative of the Defendant. If this is indeed so, there is absolutely no reason why this averment could not have been plead or claimed in the original answer. 9. Paragraph 9 is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, Plaintiffs deny the averments of Paragraph 9. It is specifiolaly denied that the Plaintiffs will not suffer any prejudice if the Defendant's Motion is granted. 10. Paragraph 10 is a conclusion of law to which no responsive pleading is required. By way of further answer, if a responsive pleading is deemed required, Plaintiffs deny the averments of Paragraph 10. It is specificlaly denied that the Plaintiffs will not suffer any prejudice if the Defendant's Motion is granted. WHEREFORE, it is respectfully requested that this Honorable Court deny the Defendant's Motion for Leave to Amend Answer to add a Cross Claim against Defendant driver. RespectfUlly sUbmitted, SCHMIDT AND RONCA, P.C. By4 t/!/ Scott B. Cooper, Esquire Attorney for Plaintiff 10# 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 i /.. CERTIFICATE OF SERVICE AND NOW thil\-:21!!: day of fthtll.U L 1996, I, Soott B. Cooper, Esquire, hereby certify that I have, this day, served Plaintiffs' Response to Defendant's Motion to Amend Answer to Include Crossclaim by sending a copy of the sams United statee Mail, regular mail, postage prepaid, at Harrisburg, psnnsylvania, addressed to: Scott Freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive suite 706 camp Hill, PA 17011 SCHMIPT ANP RONCA, P.C. ,I JI) By "'-'1-1 I {I Soott B. Cooper 1.0. #70242 209 state street Harrisburg, PA 17101 (717) 232"6300 Attorney for plaintiffs , r f<; "'t];i;,'~ ({if:"'; ft; L,':'; fir- .--:r tf i~ I .. I.. , ~ j ~. If) fjl .,.,. ,"'1 , .d , ""' Ii , I . '" ":t.": .;' '')'J I, 'I ,,'il 't ~1I1 , , ) ~rl ", -. 'T' -. -. N .. .t:.. ~ I I ~, \ ~ I I ~ I t \ . I I ...................... ..,..~.............~......................... iIN THE COUR~ OF COMM~ PLEAS OF CUMBERLAND COUNTY ...~...........~.;... ......r................................,*.... SCHWARTZ (, HELLER , YS'j \ .~JOF RECORD DEPOSITION No. 953632 I I l I SCOTT A FREELAND (REQUESTOR) TO: SCOTT COOPER, ESQ \ i I / ~ ~ I PLEASE TAKE NpTICE THAT THE FOLLOWING RECORD DEPOSITION WILL BE TAKEN AT 4940 DISSTON STREET, PHILADELPIIIA, PA ON 03122/96 AT THE TIME INDICATED. , ~ DEPONENT: 1 TIME: ______________l__~ --------- AZ RITZMAN ASSOCS 10110 A.M. SEIDEL MEM HOSP 10115 A.M. I PHYSICIANS REHAB MED 10120 A.M. lHOLY SPIRIT HOSP 10125 A.M. 'FAMILY INTERNAL MED' 10:30 A.M. HEALTHSOUTH REHAB or MECH 10:35 A.M. WARNER CHIRO CARE CTR 10140 A.M. DR DAVID ZIMMERMAN \ 10145 A.M. There willJbs no tnterrOgation of ths deponent, and it is ~xpected that no attornefs will be present. If there is any objection raised by opposing counsel, deponent Will/be notified. The price for the record is as follows: first fiftee~ pages = $19.00 and,each additional page = $.75 This deposition iSffor the pur ose of copying only. A oopy of the above notice was mailed n . \ ATTORNEY FOR THE DEFENDANT ~ I \ l'. EncI Copy of I ( s) subpoen Counsel return ard M213317 1 \ \ I i I ~ I By: Traoy Pierandozzi t MEDICAL LEGAL REPRODUCTIONS, INC. I (215) 335-3336 ! j ; \ f-; c- .- tijt :':'~~b ."' '. <7 .~ c.. , ~-,i'," t''' fl"'t lfl "I ~'t ::-.:; '_-J ....,; ~ , - I I , ,=J , "J '-1 .;:J ,.....;:. .t.J ..lt1 -, ,'.j. -I .-;, -'1 ~" ..,,;. ~ (., en I I ,I' t I .******'****************************************r**1**tat.I.,..t.... IN THB COURT OF COMMON PLBAS OF CUMBERL ND COUNTY ....j........j... ........................j.....i.. .......i.. ..... SCHWARTZ , io' 95"32 SCOTT A j I I I , PLEASE TAKE NOTICE THA THE FOLLOWING RECORD DEPOSITION WILL BE TAKEN AT 4940 DISSTO~ ~TRBET, PHILADELPHIA, PA ON 03/22/96 AT THEJTIME INDICATED. J DE'pONENTI TIME: I ~~:~~~~~~:~~g~~~\ ~~:~~-~:~: l PENNA ORTHO 10120 A.M. , \ DR DAVID ZIMMERMAN 10125 A.M. i KEMPER INS CO 10:30 A.M. ~ AJAY SERVICES INC 10:35 A.M. There 1 be no inter~Oga~iOl o~ the deponsnt, and it is expected that no attorneys will be present.~f thers is any objection raised by opposing counsel, deponent will be notified. The price for the record is as follows: first fifteen pages r $19.00 and each additional page. $.75 This deposition is .~r the purpose of oopying only.l A oopy of the above notioe was .mai1e~ 0". ~ i I ATTORNEY FOR THE DEFENDANT I , Encl Copy 'of subpoena(s) Counsel return card Vs. ,I , I I HELLER I I I DEPOSITION I FREELAND (REQUESTOR) I TOI ~ SCOTT fOOPER, , I NOTICE I F RECORD I I ESQ , ~ ~. I I , , i ~ i I By: Traoy Pierandozzi MEDICAL LEGAL REPRODUCTIONS, (215) 335-3336 \ M213376 I \ , \ 1\ j \ \ I INC. (1 I:) ,.. r~ '" i "".... ':!:: rEf!' 'l't. '11 ~.,~ ,,",- f <!;., - 'c-1 (Jj~, - 1," 't:;;c [2' 'T1 "'J ':1: I:~t" ~. .IF.: - fi.~ ; F3 L) . ..~.~~ .. , I r"'" t..~ ~j ;;;J O"l . .. ~ 95-101 LAW OFFICES OF DONALD R. DORER Scott A. Freelallll, Esquire Attomey for Defendant 3907 Hnl17.dale Drive, Suite 7011 Camp Hill, I'A 17011 Telephone No. 17I71 731-0988 BRUCE D. SCHWARTZ, nnd ROSEANN M, SCHWARTZ, His Wife, Plaintiffs : IN TIm COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs, : DOCKET NO. 95-3632 MARY K. HELLER, . CIVIL ACTION - LAW Defendalll : JURY TRIAL DEMANDED I, Scoll A. Frecland, E.~qulre, allomey for the Defendalll, Mary K, Heller, do hereby afflnn that I received the below allached retum receipt of the Onlcrl Rule - Motion for Leave of Court to Amend Answer to Include Cross Claim Against Plaintiff Driver selll by Certified Mall, Return Receipt Requested, which retum receipt appears to contain the signature of Pamela Hester, an empluycc or agent of Scott n. Cooper, Esquire. The undersigned understands that Ihe statements therein are made subject to the penalties of 18 Pn.C.S.A. 14904 relating to unswom falsification 10 authorities. ~ "Comjll""I.;m. 1 _011101 Iddffionol .._. 111Io wllh 10 ,-'vt the r;;:; t "Comjll""Il"m. 3. ,". Ind'b following IIrvte.. (for an 'i I I 1= 1~~~.Im' and Idd,... onlhlll't'tll' 01 nus loon to th.t WI can retum thl, l.tr.'II): JO lAIlach thillorm 10 IhI boo 01 the maJlplltt, Of. on It'l btdllf 'Plr.. do.. no! 1. 0 Addr.....'. Addr... permit I 'Wrill'Rttum Rl<Ctlpt R~IJf"td'Of1 the ma~pI'ce below the _111d1 fllJITWl 2. D R..tricted Delivery . IThe R,lum RlCIipt WIlt ahow 10 vwhom the Iltid. WI' d'~YIf,d and Ih. dill I doIl,,,1d Con,ull poltmaller for fee, I rtlele Addreuld 10: u " ~('flt:t n. CnflI1f!f. I~~q\llrp ~rhmi rl r 111lct 11nllcn. pr :~09 t~tnll' r,trrrt nrrrfrbllrr., I'A 171111 4b. 81 ee Vpl o Algl'tered 1\'9 Cortlftld o exprell Mell 0 Inlured r o Allum ReceIpI 1m Morcl1endill 0 COD .. I I March 25. 1996 Dale / 2" / /I' /~~-'~" [ Scoll A. Freeland, Esquire AlIoney for Defendant . 95-101 BRUCB D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlB COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PBNNSYLVANlA vs. : DOCKET NO. 95.3632 MARY K. HELLER, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CBRTIFICATE OF SERVICB SCOTI' A. FRBBLAND, ESQUIRE, hereby certifies that he Is the allorney for the Defendant herein, and that he caused a true and correct copy of the allached Affidavit of SelVice to be selVed by regular first class mall upon: Scoll B. Cooper, Esquire Schmidt and Ronca, P.C. 209 State Street Harrisburg, PA 17101 Mareb 25, 1996 Date / Scoll A. Freela , Esquire Attorney for Defendant " -, I 8'" ~ = 1 Cl "'0 ..~::l !:z r"...s s: ~i:lF~~ ~ lif:!j~~~~m ~~ cl =08 ~ = IV; IL.. "..- , . ,. t , ,'-' , I j :'1 , ! .'., , .; , I . ,- 'i I .- 01 .. I L_., ! , Schmidt and Ronca PC AI",ft'" ... C.uftHIo,. o. Low ' ,.. ..... ...... "...-., r-rt..... UIOI tl" ,U...OO b' t.MQ ?7 1998 U' ~t";.,...0.."...",,,-,.,"N::",,,:",,,,,,,-,,,'i=,=-.""'" "."'""0:-k;""-,j~4~"w;:~~-'-- . -';}'i~.'~."""'''''''-''- <..--~ . (I t'~ ... , ~ . I 1 ...". . ~. ......, ~ ',' -" \ BRUCE D. SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA : : I CIVIL ACTION - LAW I : NO, 95-3632 : JURY TRIAL DEMANDED MARY K, HELLER, Defendant ORDER AND NOW, this (J 1- day of ~ , 1996, it is hereby ordered and decreed that Scott B, Cooper, Esquire and the firm of Schmidt and Ronoa, P,C, may withdraw their appearanoe as attorneys of record for the Plaintiffs in the above-oaptioned matter. J By the Courtl .1 .A J( V~'.' \ J. .-' BRUCE D, SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA v, CIVIL ACTI0N - LAW MARY K, IIELLER, Defendant NO, 95-3632 JURY TRIAL DEMANDED MOTION TO WITHDRAW APPEARANCE AND NOW, oomes Scott B. Cooper, Esquire, and the firm of Schmidt and Ronca, P,C, and respectfully avers as follows pursuant to Pa. R,C,P. 1012(b) in support of their Motion to withdraw Appearance for the Plaintiffs in the above-captioned matter: 1, On or about July 6, 1995, Scott B. Cooper, Esquire and the firm of Schmidt and Ronca, P,C. filed a Writ of Summons in the above matter on behalf of the Plaintiff, 2. On or about October 31, 1995, Schmidt and Ronca, P,C. filed a Complaint on behalf of the Plaintiffs in the above matter. 3. On or about November 17, 1995, Defendants filed a Reply with New Matter to the Plaintiffs' complaint. 4. At the same time, Schmidt and Ronca, P.C, was rspresenting the Plaintiffs in the above matter, they were representing Rose conjar, a resident of Dauphin county, Pennsylvania and a plaintiff in an unrelated suit, 5, During the litigation of Ms, conjar's case, it was learned that the Plaintiff's business, AJAY services, Inc" was an additional defendant in Rose Conjar's case. 6, Plaintiff's counsel and his firm are now in a oonflict of interest situation. 7, Both parties were contacted and a consent of dual representation could not be agreed to. 8. Since a dual representation could not be agreed to by the parties, both parties have agreed to allow Plaintiff's counsel and his firm to withdraw in their cases and either seek alternative counselor continue pro se with their cases, 9. Rose Conjar's case has already been referred to Thomas s. Cook, Esquire in Harrisburg, Dauphin county, Pennsylvania for representation. 10. Plaintiffs in the above matter desire to allow Mr, Cooper and his firm to withdraw as counsel and then deoide whether to seek alternative counselor continue to represent themselves pro se in the above matter. 11, Plaintiffs concur and join in this Motion. (See Exhibit "A".) WIIEREFORE, Soott U, Cooper, Esquire and the firm of Schmidt and Ronoa, P.c, hereby respeotfully request this Honorable Court for an order pursuant to Pennsylvania RUle of civil Procedure 1014(b) for an order allowing them to withdraw their appearanoe a. attorneys of reoord in the above matter. Respeotfully submitted, SCHMIDT AND RONCA, P.C. BYl ~~ Scott B. Cooper 1,0. '70242 209 State street Harrisburg, PA 17101 (717) 232"6300 Attorney for Plaintiffs EXHIBIT A BRUCE D, SCHWARTZ, and ROSEANN M. SCHWARTZ, His Wife, Plaintiffs v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA I I I CIVIL ACTION - LAW I I NO. 95"3632 I JURY TRIAL DEMANDED MARY K, HELLER, Defendant JOINDER We, Bruce Sohwartz and Roseann Sohwartz, Plaintiffs in the above matter have reviewed the contents in the foregoing Motion to withdraw Appearanoe and conour and join in t~is Motion,) ---7 /,,,. -~')-c::'" \ \ -~ CERTIFICATE OF SERVICE AND NOW this , 1996, 1, Soott B. day of Cooper, Esquire, hereby oertify that I have this day served the foregoing Motion to Withdraw Appearance by sending a oopy of the same united states Mail, regular mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Bruce & Roseann M. Sohwartz 1025 Apache Trail Mechanicsburg, PA 17055 Scott Freeland, Esquire LAW OFFICES OF DONALD R, DORER 3907 Hartzdale Drive suite 706 camp Hill, PA 17011 SCHMIDT AND RONCA, P.C. BYI ~)~~ Scott B. Cooper I. D. .70242 209 state Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Sil...:., ~t~ f'i ,_." "i p. ~ ~ 1- ~ As- ~~ "'b' ii '":,of t;:;~ "-11 ~ rei r j..; ll) 01 :T~ . " J "'~\ 1)\ 1'"1 '-'j ! J"U (11 .... "1 i ~~ '3M I q -, :r: j.-'+- F" .. o .... \)) BRlICE D. SCHWARTZ, and . IN THE COURT OF COMMON PLEAS ROSEANN M, SCHWARTZ, Hie Wife. CUMBERLAND COUNTY, PENNA plaintiffs . . v, . CIVIL ACTI0N - LAW , MARY K. HELLER, , NO. 95"3632 Defendant , JURY TRIAL DEMANDED WITHDRAW or APPIARAHCI TO THE PROTHONOTARY OF CUMBERLAND COUNTY' Please withdraw the appearance of Scott B. Cooper, Esquire and the firm of SCIIMIDT AND RONCA, P,C., as Attorneys for the Plaintiffs' in the above captioned matter pursuant to Ths Honorable Edgar B. Bayley's Order of April 1, 1996 attaohed hereto as Exhibit "A". Respeotfully sUbmitted, SCHMIDT AND RONCA, P.C. By fA t ~tJ Soott B. Cooper, Esquire Ipf 70242 209 State Street Harrisburg, PA 17101 (717) 232"6300 Attorney for Plaintiff BRUCE D. SCHWARTZ, and ROSEANN M, SCHWARTZ, His Wife, plaintiffs v. MARY K, HELLER, Pefendant AND NOW, this ,..ct- day of ~ I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNA I : I CIVIL ACTION " LAW I I NO, 95"3632 I JURY TRIAL DEMANDED ORDER ~;.c , 1996, it is hereby ordered and decreed that scott B. cooper, Esquire and the firm of Schmidt and Ronca, P.C, may withdraw their appearance as attorneys of record for the Plaintiffs in the above"captioned matter, By the Court: l.sl [dr" il3. ~'~ct' ... . CERTIFICATE OF SERVICE ANP NOW this 'ftll day of /Ip I I , 1996, 1, Soott 8, Cooper, Esquire, hereby oertifY that I have thie day .erved the foregoing withdraw of Appearance by depositing a oopy of the same in the United Statee Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed tOI Bruoe , Roseann M. Sohwartz 1025 Apaohe Trail Meohaniosburg, PA 17065 Soott Freeland, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive suite 706 Camp Hill, PA 17011 SCllMIDT AND RONCA, P.C. BYI .J.filtt' Boo B, per, Esquire Attorney l,P, No. 70242 209 State street Harrisburg, PA 17101 (717) 232"6300 Attorney for Plaintiff (\ t:' f,. .,....: r'~ , n: I,;" ."'J t~ .. "., !..') ,-,. : I .',J , OJ n 1 I -J ,U ~ (') ~ ;'1 ;h~ ,j I . ~~ "t~ t..' .. V1 U.I 95-101 BnlLc D. Schwartz and Roseann M. Schwartz, Plaintiffs 1025 Apache Tmll Mechanlc&bure. PA 17055 BRUCB D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plaintiffs : IN TIlB COURT OF COMMON PLBAS : CUMBERLAND COUNTY, PBNNSYLVANlA vs. : DOCKBT NO. 95-3632 MARY K. HBLLBR, : CIVIL ACTION - LAW Defendant : JURY TRIAL DBMANDBD PRAECIPE TO TIlE PROTIlONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submilted, Respectfully submilted, ...} ..~" (/ . . 9.5.101 BRUCB D. SCHWARTZ, and ROSBANN M. SCHWARTZ, His Wife, Plalnliffs : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 95.3632 MARY K. HRI.I .R~, : CIVIL ACTION . LAW Defendant : JURY TRIAL DEMANDBD CERTIFICATE OF SERVICB SCOTI A. FRBBLAND, ESQillRB, hereby certifies that he Is the allomey for the Defendant herein, and that he caused a true and correct copy of the attached pmecipe to be selVed by regular first class mall upon: Bruce D. Schwanl and Roseann Schwartz 1025 Apach Tmll Mechanicsburg, PA 17055 May 21, 1996 Date // / II A. Freeland, ulre Allomey for Defendant -_.~ '::"'l"_ ..-:....~ ......t..L.., . , . ,~ \O,_~.~l'..~..~ , _'w ...... Cj'" P :s~ !i'~3~ S2~ ~-3::l~fl'~6 ~ ::li;lF~~~Q ,j!:!i~~~~s e~ ~ ita