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Home My WebLink About95-05056 ,~ - 1i ~ Cl' , II) 7 j tI1 1 ~ J . ~ J '. .i ;~ .~ "L .:.;0; ~ .~~ x ...j @ 'f , " ;~ t p ~ '...':! ::'~:>'~ ~ . :':';~;'.i~~I~~' '\ ~'- ..-;,..'''?;. :!-..,~ .'e,' ',,;,o"~-+i!'f>' ~""'-'~1, I ' ',t;:).~.. " '-""""-';')" 'w'; '0"" .~~, ..:'~' ~'":<a'" .l~ '..: ...-;-..;v.-..~",.,,:;_~:,"""1._:;::-,. . " '-""':9- .,. -'...... , '. ""~ """H. .,'.",' . ';:"'~I!l~.">~:l~.: v'~:i.;::.~.>,~<,\'fI; -, ..- ,,; '~~:l!$!! '; ."'~'<). '~,. i. -.. "",,,. ..'.:,l ".':/~:~~~~ .':;:~:~~~-;\:,:;: ~-';':;:~~'::~,;i:~;~.;~:~~t::~_'";"D .. . .;. "'.>",,> ~f.'-a; ~",..!,-: ,. ,~.-", -" ""C"'".,'J"'~""." '-':''''-<''', - - - - - - ^,:~;~~i-> <l" 'i :;; ~ "", ~. .' ~ \i ....,( "" '.,c. :;'.'7:-i. ..r " ~ -.: ~'i';~, ,-_, >"> ,-> _.,."..t. .+)~~::-: .., '-"'.. ""C,". "0_'_' . i',," 'T;'-,"~" .- ~'''-,",,- :-;':,~' , 'J~~~&t .,......,~ ).~B.~""~,.l~l' . ". ;:. ;.~\J ' ~ ~l!.,.", . ~) . '" I' + = . ,.'-~<-. .~..,. ,~~ -"..,:. e ~ ,';'~;.- ~ ';~:';; -,-~::.I::f.. -.~.;-~ ,-. ~ i ~ ., ~d,_,;.. ".,'j;.",. ,_,k, , ._ ~- ,~ ~~,-,it.". .. .J-...., ,,_ _ + " . "'>: t .......:.<'~'II'~"?-."! ... _ _ - '+. ^.. ~, '" ... .~.~. .,..;;. ~- ~ . '.~ - J +~-' ~ ~i~: '?r."" 1';. ;~U :; _0. M ." .. ;:~ffJ;~#i;mj t i T"', ," :'. " L,. ,- .',\"t ,-,-- '-'-i"~ ~ -.., \.:<,i'.... ~ .,' PATRICK p, LAIlER.IR Auerae,. .t La" 2tOl "'''''II Slim Aztto Bu1l41.1 C""" lUll. PA 170lt , (717) 763.1100 LINDA L, RABENSTINE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, CfS- S- () S 6 tl~~t T{1.--yh./ vs, , , EDWARD L, RABENSTINE and LOIS V, AUGUSTIN Defendants CIVIL ACTION - LAW , , WRIT OF SUMMOHS TO THE PROTHONOTARY: Please issue a writ of Summons on the above-named Defendants. Defendants Edward L, Rabenstine and Lois V, Augustin have the following addresses: Edward L, Rabenstine 295 Locust Point Road New Kingstown, PA 17072 Lois V, Augustin 323 Sixth Street New Cumberland, PA 17070 Respectfully submitted, % <J C / Date: --- / -/ S P trick F, Lauer, Jr" Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 46430 Tel. (717) 763-1800 Commonwealth of Pennsylvania County of Cumberland Linda L. Rabenstine Court of Conunoll Pleas w. No. __?_~:_~Q.~lluC;.t'!~A_I~F..J!Im._m_ 19.m Edward L. Rabenstine 295 Locust Point Road New Kingstown, PA 17072 AND Lois V. Augustin 323 Sixth Street New Cumberland. PA 17070 In .._.n _ ~ !Y.H-. .~~!:.!~~. =-. .!o_l!~___.________ To ~.!!~~~!t.J._._J~{lJlen!lUI\.lLilrut.J.o.iIJ..Y. Augustin You a", h.r.by notifitd thaI Linda L. Rabenstine .~----------------------------------------------------------------------------------------------- the Plaintiff ha S comm.nced an action in __.__u_.u.~!Y..!J___!_.I!~______.._u_____._______________ againll you which you a", ",,!ui",d to dd.nd or a default judgm.nt may be entered &piNt you, (SEAL) Lawrence E. Welker '----------------_.p;;~~------------------ Date .__~_~(I!:.!~~!'_z::__H_m______ 19__?~ By ll~ ~ /~C&_(l.JJ!:~_______ J' Deputy .......i"~ " - . ~.J.~~""'_- '~0""""""''t.~1''''~; '" ,,' '.~'~~"fu.","~~{1~,+;._-~",,,.,_. ;...., 1..... ,~...._ . ..)..:..~;.e:~""'J".~~.'. ..,'. .H,.....~. _ ,'",''7'".. '. -~.,' ,':", ....:'1'.,____ No. 2!~_ CivJ,,!. T,D. 19_ ------------------- Linda L. Rabenstine .. BeI.ard L. Rabenstine and Lois V. Augustin ----------------------------------- s-........ in Civil Action --------------- Patrick F. Lauer. Jr.. Esq. 2108 Market Street. A_tec Bldg. Ca.p Hill. PA 17011-4706 (717) 763-1800 1. D. 146430 --------------~~-----------._- THOMAS, THOMAS' HAFER BY, Kllln S, COltll. Elqulrl Idlntlllcltlon No, 52654 305 Nonh F,ont Strllt p,O, Box 999 Hlrrllburg. PA 17\ 08.0999 LINDA L. RABENSTEIN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 95-5056 CIVIL TERM EDWARD L. RABENSTINE and LOIS V. AUGUSTINE, Defendants PRAECIPE AND RULE TO FILE TO THE PROTHONOTARY: Kindly issue a rule on Plaintiff to file a Complaint in the above case within twenty (201 days after service of the rule or s er a judgment of non pros. Date: (l)- q -q ~ K n S. s, Es ttorney I.D, # 52654 305 North Front Street p, O. Box 999 Harrisburg, PA 17108-0999 (7171237-7121 ATTORNEYS FOR DEFENDANT LOIS V. AUGUSTINE ':~HEhlrF'~., FE;-,:f-.~~ hE(' _:L:\r~. CA~;E nc!: 1 ~1';'':,-0~:\''-)'2'(, F. CCIMMtlN\oIEAL TIl '"""iF PENtbYLVAlJ 1!,: COUNTY (IF CUMBERLANl' RA!!-r.:.t~'::T1_N_E LIIWA ~_____ v". RABEt!~:I !tIE. E[~WAR['-...LET AL._.__~ ..STEVE WHISTLER ~?h.,'11t1 ':-r r,.-:,r";.Y ';,r,....llt.t .if CUMBERLAN[\ C1Iun't." Pt:'r1nFY 1 V,.-Hil 4, ....hl) b~'lrJ(J :-;\'':'1 :'-;W'_'i n _tr:corrll.:l') to 13.w, .;~yv. t_h~.:' ..,lthlrl ~EI~_~E__?:'y~"j.M:~lE:_~______ Wd::',: b"''''1 .:~."rj u p (0 n _. RJlllJ;:}l S 1:.1 II E E[.:!I A f:: I~L___. _. __ ____ t rl' dE'fE'ndant, at _1978 =-0Q HUiJFi:,~. (-: fl t ~Il - , _~'_~ I '~~ LCl'i ':-.1 ::\.:- t-. .:;: ..::' r --..--..---.- 19901 at :0 REENC'! ..WDClr_2:..1.UTH ':ARI.!SLE.. PA-L~Ol.2___.__"___._ "... . .~_'i~.E'EE: A tl: County. PennEylvanla. by ha,,:i:rOJ . E[IW AF.:'tf\PE.lI;: 'n: tJE....__ _"_._ 3 true and attested '-:.\V" .~! +:ho? _~.f\.!I_.~~~~_::.l.;:r~l-'i';_ and ~t the SdP'h? tlm~ dlrprtlr.~J Hl:':-. at:+.er,tl r. <' ".~)'.: ,~..nt.€.';j' s + ~.E': Eo 1. Stlerlf1's S0EtS: l''''':-Y.~t_ 100 '3er+':1 ce - A1 f \ rjav 1 t :;Ur.:~.3r 91'? !;~ "Cleo....;:..:./ a~ - ~;.;'~.~::~,...../., . .... .. "r . ... ~~I\:,~'a2 r. ~ lrl':;-. - ,;(:'11.'_ .0(". :.. \.1J ,~:.!. J~~ FA.;f, I'~r; /'7 ,~ I '.' ~, . I ...:...;..--;:- )' .,< ~ j ,. .'\:.!:".t-, 'r.. y.jc.. ~ ~. :. ' I:' ~ . ~ ; ~ ..' '., : : 1 ~ ! '::0"" r' :Hir; :':. ub:.-,- I ~ r;c_;1 . ~ . '!.' t tll. ;,'. /.1~ ~ .,. .'1' (}e/;;J........, q'S' ~. l...h~~: -n.~. ~ . " , <":':HER rF~~' ;~~. hET!lh~~ hF:_".rL.f\i', CASE liD: 1 'J95--050~,(, F COMMOliWEALTH OF PENNSYLVANIA: COUNTY OF rUMBERLANP HABENSTINE LINDA L vs. RABENSTIN~___~.pW'lR[' _L___fI.i1L_ _ST.1!,_E WHI.5TLER H' ~;tl':?l ~ff CI t!..:;c,;;~t.,. Sh€>':"'llf I:-:f ------ .-.---. '-'_._~ CUMBERLAND COlHlty, P~nnsy l\-'~nl '3. ....hl) b~~'lng dul y r,,;wor fI ;,]('c':Jr,jlng to law, Sili'S. the '" 1 t h 1 r, ...RE.__Qf...;:Id!'1l'!.9}:I~_________.____ \I~:: Sr:!J".'l>?d upon AUGUSTIN LOIS V t h~) --~_.~-_... -_._----~ - .._--_._~-,- ".~.__._._------------- defendant, at 10~4~_00 HOlJR:~~. (1n +-.hl_' ~~:.t~ (j;'1'" .}f ;.~er-tt:rn}(-'r.:...____,____,______, 199:, at 3:3 SIXTH STREr1:___ ____________________________ _______ NEW CUMBERLAND. PA l7070 ___' CUM8ERLANl' County. Pennsylvan1a, by hand1ng ~0 ~~J~__AUQ\JST)N a true and attestEd ,:".(lPj' :~'i t:.~o? m~JLtI,-.Iir '~~~MMCINSk_._' and at the :~ame tIme dlre~tln9 Her ~ttprl~:nn to the contents thereot. Sher:1f's Costs: no':"k~~1: 1 nq 5E'r 'J! ce -- Aft 1'1 a '.' 1 t Surf:harge f-:, ~)(1l ':;. :':::: ~:;(., an2\if>r s: E. ~t~,(t~~~~~ , ,:0 =,. \i~0 5"1"":"5:' "A TRIer; [_AllER J R, 10i01/1'3'-15 by ~_I.\~. . ~~E?r11f Swo~n ar~d '~llbECI.lb~d ~c h~!'.zQ ~p thIS ,Li!:__ ion:: (~n 1 '-) ..____'1';( A, :.'. <.. l\~-;~,'"';~;:,-,+..'1>T_,. '7"'1 ..',' _ " r; .~. l. d ~ " Commonwealth of Pennsylvania County of Cumberland Linda L. Rabenstine VI. Court of Conunoll Pleas No, __?~:_~Q.?_LC;;~_,!~_~.X~P-!'_________ 19.0__ Edward L. Rabenstine 295 Locust Point Road New Kingstown. PA 17072 AND Lois V. Augustin 323 Sixth Street New Cumberland. PA 17070 In ______.~!y_g_~~~!<?!l__ =-..!-!!!'____________ To ~.!l1!'At'~_J._._J!i;lJK!nll.u.ne_Arul_J.o.i&__V. Augustin You are hereby notified WI Linda L. Rabenstine .-..--------------------------------------------------------------------------------------------- the Plaintiff ha s commenced an action in __.________f!Y.U,__,,_~1!'________.__.__._____.__.________ agailUt you which you are required to defend or a default judgment may be entered against you, (SEAL) Lawrence E. Welker ._--------_._.._._.p~~~;;._---_.._.._----_.- Date ,__!,i~p!~!'!.~_r.:_J.L__m_.. 19__?.? (l, " By .LM..- A /"-d__?l...__2y;y.!.-q~m____ J Deputy . ..." "-'"_.;.....~,.>,..,.._.~ .. .....'~.. "..".,---.....,., ,. ,,'.,.~.,-- ~ .: No.!:S.:505!~~.J.Y!1 !1m 19_ '. ,';",'. u,,:,':. !f;_"-.- ~. ",.. '';-'. ".'.,--, .ooi. .r; ." m if ,...,' ,...,: .,0 ...::1 -:c- ...n ~t!l <:> .... ~ ,,. ..~~, ......... ......:.... ~ "',," Linda L. Rabenstine --oJ f~" ~ !; - II> ::= <~;~ c.a .'J=;t V1 ... " ,)...r' Bdwaxd L. Rabenstine and Lois V. Augustin ~------------------------------- Sum-- in Civil Action ..._ T ___ ',:\,"~;:~::r,";\":';::. '.," ..:'",:''' y--'~.t"~i.C1l:.F. Lauer, Jr., Bsq. ;"".l1'<~.t Street, Aatec Bldg. <CIi&-jIiJll, PA 17011-4706 ,('1J.7) 7&3-1800 I.b~''''430 ------------------------------------ A......., ~f1!> ~/./ ;;., . ., ",'<,,- )~.-ihj! ,1"'."~"-,;iiI '=,;;; - '.,'--="""', . :;,.~.~,., ;:~~~;=,-~ "I:'''' /: .f. --'-'..S ",." -'~. - ~'~-:!'~:.... i,i;'i~' .- ,.; - .>,~ .',,'.:,. . "" '5. LINDA L. RABENSTEIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5056 CIVIL TERM VS, . . EDWARD L. RABENSTEIN and: CIVIL ACTION - LAW LOIS V. AUGUSTINE, : DEFENDANTS : NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance 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 WBBRB YOU CAN GET LEGAL BELP. \ I I II II I I, II II 1\ ,! I Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 4 LINDA L. RABENSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95- 5056 CIVIL TERM vs. EDWARD L. RABENSTEIN LOIS V. AUGUSTINE Defendants and : CIVIL ACTION - LAW . . COMPLAINT AND NOW, comes the Plaintiff, Linda Rabenstein, by her attorneys, The Law Offices of Patrick F. Lauer, Jr., and avers the following: 1. The Plaintiff, Linda Rabenstein, is an adult individual who currently resides at 20 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Lois Augustine, is an adult individual who currently resides at 323 Sixth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On October 23, 1993, at approximately 1750 hours, the Plaintiff was a passenger in her 1987 Ford Escort, which was being operated by her husband, Edward L. Rabenstein, in the Borough of Lemoyne. 4. The Defendant, Lois Augustine, was operating her 1970 Oldsmobile Model 98, North bound on Brandt Avenue toward Lowther Street. 5. Mr. Rabenstein was operating his vehicle exiting Lowther Street onto Brandt Avenue. 4 6. This intersection is controlled by a yield sign to traffic coming from Lowther Street onto Brandt Avenue. 7. As Mr. Rabenstein approached the yield sign, he felt that he was able to safely enter into the course of traffic as he saw no vehicles approaching that would impede his entry onto Brandt Avenue. B. Defendant, while traveling north bound on Brandt Avenue, without signaling, made a left hand turn into the course of travel of Mr. Rabenstein's vehicle. COURT I Linda Rabenstein v. Lois V Augustine 9. The allegations of Paragraphs 1 through B above are incorporated herein by reference as if fully set forth. 10. The Defendant was negligent in the operation of her motor vehicle, to wit: a) Defendant Augustine failed to yield the right of way to the vehicle operated by Defendant Bdward Rabenstein; b) Defendant Augustine failed to operated her vehicle in a lawful manner by failing to signal her intention to execute a left hand turn into the path of Defendant Rabenstine; c) Defendant Augustine failed to operate his vehicle in a safe and lawful manner in her failure to observe the ongoing traffic conditions at the cite of the accident; II II I, I, , d) Defendant Augustine failed to exercise due care in the operation of her vehicle. 11. As a result of the Defendant Augustine's negligence as stated above, plaintiff, as a passenger in the vehicle operated by Defendant Rabenstein, suffered bodily injuries which include, but are not limited to, pain in the neck and back, numbness, difficulty with her range of motion, headaches, dizziness, and problems with flexibility. 12. plaintiff was diagnosed subsequent to the automobile accident with hypertension, cervical strain, cerviobrachial syndrome, and cervicalmyofascatis. 13. The plaintiff suffered pain and suffering which precludes her from her normal course of duties and extracurricular activities. 14. The plaintiff believes and therefore avers that her injuries are of a permanent nature. 15. As a result of her injuries, plaintiff has suffered pain and humiliation, and a claim is made therefore. Wherefore, the plaintiff demands judgment against the Defendant Augustine in excess of $25,000.00 including interest and Court costs. COUH'r II Linda Rabenstein v. Bdward Rabenstein 16. Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth. 17. Plaintiff was a passenger in the vehicle operated by Defendant Rabenstein. 18. Defendant Rabenstein was negligent in the operation of his vehicle, to wit: a) Defendant Rabenstein failed to observe the traffic condition existing at the time he begain to pull into the flow of traffic; b) Defendant Rabenstein failed to yield the right of way to oncoming traffic; c) Defendant Rabenstein failed to take the necessary precautions and actions to aviod the collision with Defendant Augustine. 19. As a result of the negligence of Defendant Rabenstein, Plaintiff suffered the injuries set forth above. Wherefore, the Plaintiff demands judgment against the Defendant Augustine in excess of $25,000.00 including interest and Court costs. IV_L Date: --1 L l ( I " Respectfully submitted, ) ~ I J ' , CUt ,~'- )\\ Q :/1 P trick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 46430 Tel. (717) 763-1800 , PATRICK r. LAllla. ,a "...rae, a' La. UO. MulLot ...... Allee 8olU4iq c_Hm. PA 11011 (1I7l163."00 " . LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 5056 CIVIL TERM vs. EDWARD L. RABENSTEIN and LOIS V. AUGUSTINE, Defendants CIVIL ACTION - AT LAW JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance 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 LANYBR AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAHHOT AFFORD OHE, GO TO OR TBLEPBOHE TBB OFFICE SET PORTH BELOW TO FIND OUT WBBRB YOU CAR GET LEGAL BBLP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 LINDA L. RABENSTEIN, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 95 - 5056 CIVIL TERM EDWARD L. RABENSTEIN and LOIS V. AUGUSTINE, Defendants . . : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED VERIFICATION I, Linda L. Rabenstein, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Amended Complaint are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. ~ _/~ (/i~J{.~ Linda L. Rabe stein Date: /1 /J ./7> -- '\ " LINDA L. RABENSTEIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . . : No. 95 - 5056 CIVIL TERM EDWARD L. RABENSTEIN and LOIS V. AUGUSTINE, Defendants . . : CIVIL ACTION - AT LAW : JURY TRIAL DEMANDED CBRTIFlCATE OF SBRVICE I hereby certify that I am this day serving a copy of the foregoing Amended Complaint upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Edward L. Rabenstine 20 Regency South Carlisle, PA 17013 Lois V. Augustine 323 Sixth Street New Cumberland, PA 17070 . ' - r ~ , \ I, , " I J I 01 " , 'f \",\,: ',')'\.-'-- r . ,'J_J.. \ \. ,N ; Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID' 46430 Telephone (717) 763-1800 Datel , -J ,I: I Ii ' '\ , THOMAS, THOMAS' HAFER BY: Klrln S, COltll, Elqulrl Idlntlllcltlon No, 62664 306 North Front Strllt P,O, Box 999 HI"llbUrg, PA 1110B,0999 I, I I LINDA L RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNA. CIVIL ACTION - LAW NO. 95-5056 CIVIL TERM v. EDWARD L RABENSTINE and LOIS V. AUGUSTINE. Defendants ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied and proof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. After reasonable investigation, Defendant Lois V. Augustine is without knowledge or information sufficient to form a belief as to the truth of the averment and proof is demanded. Moreover, it is specifically denied that as Mr. Rabenstein approached the yield sign, he was able to safely enter into the course of traffic, To the contrary, the Augustine vehicle was approaching with its left turn signal on and Mr, Rabenstein could not, in fact, enter Brandt Avenue in a safe manner. 8. Admitted in part and denied in part. It is admitted that Defendant Lois V, Augustine was traveling northbound on Brandt Avenue. It is, however, specifically denied that Ms. Augustine made a left hand turn, without signaling, into the course of travel of Mr. Rabenstein's vehicle and proof is demanded. COUNT I I.INDA BABENSTEIN v. LOIS V. AUGUSTINE 9. Paragraphs 1 through 8 of Defendant's Answer to Complaint are incorporated herein by reference. 10. Denied. The averments of Paragraph 10, including subparagraphs (a) through (d) constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant Lois V. Augustine was negligent in any manner whatsoever. More particularly, it is specifically denied that Defendant Augustine: (a) Failed to yield the right of way and proof is demanded; (b) Failed to operate her vehicle in a lawful manner by failing to signal her intention to execute a left hand turn into the path of Defendant Rabenstein and proof is demanded; (c) Failed to operate her vehicle in a safe and lawful manner in her failure to observe the ongoing traffic conditions at the site of the accident and proof is demanded; and (d) Failed to exercise due care in the operation of her vehicle and proof is demanded. - 2 - 11, Denied. The averments of Paragraph 11 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant Augustine was negligent in any manner whatsoever. With respect to the injuries allegedly sustained by Plaintiff Linda Rabenstein, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. WHEREFORE, Defendant Lois V. Augustine demands judgment in her favor and against Plaintiff Linda Rabenstein. - 3 - COUNT II LINDA RABE~STEIN v. EDWARD RABENSTEIN 16. Paragraphs 1 through 15 of Defendant's Answer to Complaint are incorporated herein by reference. 1 7 -1 9. The averments of Paragraphs 1 7 through 19 are not directed to answering Defendant Lois V. Augustine and therefore, no response is required, WHEREFORE, Defendant Lois V. Augustine demands judgment in her favor and against Plaintiff Linda Rabenstein. NEW MATTER 20. Any and all damages, injuries and losses allegedly sustained by Plaintiff Linda Rabenstein are due to the negligence and carelessness of Plaintiff and her conduct serves to reduce or bar her recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S. ~ 1702. 21. Any recovery to which Plaintiff may be entitled is limited by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, including but not limited to 75 Pa. C.S. ~ 1705 and ~ 1722. 22. It is believed and therefore averred that Plaintiff Linda Rabenstein selected or was otherwise bound by a limited tort option under the automobile insurance policy applicable to this accident and said policy was in effect 011 the date of the accident. 23. By virtue of the applicability of the limited tort option contained in the policy insuring the Plaintiff, Plaintiff is hereby precluded from recovering any amounts - 4 . for non-economic damagas which may be the result of the impact occurring on October 23, 1993. 24. Plaintiff's claims are barred in whole or in part by the statute of limitations. 25. Plaintiff's Complaint fails to state a cause of action against Defendant Lois V. Augustine. 26. The injuries allegedly sustained by Plaintiff in the accident of October 23, 1993 are the result of a pre.existing condition and not the result of the accident. 27. The alleged conduct of Defendant Lois V. Augustine was not the proximate cause of any injuries and/or damages sustained by the Plaintiff. 28. The injuries and/or damages allegedly sustained by the Plaintiff in the automobile accident of October 23, 1993 are the result of the conduct of other individuals, including but not limited to Edward L. Rabenstein, over whom answering Defendant had no control. RULE 22~21dl NEW MATTER PlRECTEQ TO DeFENDANT EDWARD L. RABENSTEIN 29. Defendant Lois V. Augustine incorporates by reference, without admission or adoption, the averments of Paragraphs 1 through 8 and 16 through 19 of Plaintiff's Complaint. 30. Defendant Lois V. Augustine alleges that Defendant Edward L. Rabenstein is alone liable, jointly and severally liable or liable over to Defendant Lois - 5 . V. Rabenstein and therefore, makes this claim for indemnification or contribution and indemnity from Defendant Edward L. Rabenstein on the claims of Linda L. Rabenstein. WHEREFORE, Defendant Lois V. Augustine demands judgment in her favor and against Plaintiff Linda Rabenstein and Karen. a u Attorney I.D. # 5 54 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237.7121 ATTORNEYS FOR DEFENDANT LOIS V. AUGUSTINE Da';;/l (,\.1' )l \ L....- 1 -)~ f/1',' . 6 - ~ . LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 95-5056 CIVIL TERM . . EDWARD L. RABENSTEIN LOIS V. AUGUSTINE, Defendant and : CIVIL ACTION - LAW . . PLAINTIFFS RESPONSE TO DBFENDANTS NEW MATTER AND NOW, comes the Plaintiff, Linda L. Rabenstein, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., and respond to Defendants new matter as follows: 20. The allegations in paragraph 20 constitute conclusions of law to which no response is deemed necessary. 21. The allegations in paragraph 21 constitute conclusions of law to which no response is deemed necessary. 22. Denied. It is specifically denied that Plaintiff, Linda L. Rabenstein, selected or was otherwise bound by limited tort option under the automobile insurance policy applicable to this accident. To the contrary, Linda L. Rabenstein was covered under a full tort option in accordance with the automobile insurance policy applicable to this accident. 23. Denied. In so much as Plaintiff, Linda L. Rabenstein, was not otherwise bound by limited tort option of the automobile applicable to this accident, she is not precluded from recovering any amounts for non-economic damages which may be the result of the impact occurring on October 23, 1993. By way of further answer, should Ms. ~ Rabenstein be covered by limited tort option, the allegations of this paragraph constitute conclusions of law to which no answer is deemed necessary. 24. Denied. Plaintiffs claims are not bared in whole or part by the statute of limitations. To the contrary, Plaintiff commenced this action by Writ of Summons filed on September 21, 1995. 25. The allegations of paragraph 25 constitute a conclusion of law to which no answer is deemed necessary. 26. The allegations of paragraph 26 constitute a conclusion of law to which no answer is deemed necessary. To the extend that an answer is deemed necessary, Plaintiff's injuries are not the result of any pre-existing condition, and strict proof is demanded at time of trial. 27. The allegations of paragraph 27 constitute a conclusion of law to which no answer is deemed necessary. 28. The allegations of paragraph 28 constitute a conclusion of law to which no answer is deemed necessary. Respectfully submitted, Date I I ",!I,,!if r~.F a-.. i3Y ,;;; Patrick F. Lauer, Jr. Bsquire ~ 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 lOt 46430 Tel. (717) 763-1800 .. '. LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5056 CIVIL TERM vs. EDWARD L. RABENSTEIN and LOIS V. AUGUSTINE, Defendant CIVIL ACTION - LAW VERIFICATION I, Linda L. Rabenstein, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4940. _ .T ." t"""'.... \. ! _ . (....., r.~ Linda L. Rabenstein Date: / 1 ! I / Y.} -' ... LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I vs. NO. 95-5056 CIVIL TERM EDWARD L. RABENSTEIN LOIS V. AUGUSTINE, Defendant and I CIVIL ACTION - LAW . . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Response to New Matter upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows! Karen S. Coates Thomas, Thomas, & Hafer PO Box 999 Harrisburg, PA 17108-0999 (Attorney for Defendant, Lois V. Augustine) ~.F. Patrick F. Lauer, Jr , Esquire 2108 Market Street, Aztec Building Camp Bill, Pennsylvania 17011 10' 46430 Telephone (717) 763-1800 Date I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) 'IO 'mE PIOlliOtUl'ARY OF ClJoIBERLA/'D COUNI"i Please list the following case: . (Check one) ( X) for JURY trial at the next teI1l1 of civil court. for trial witoout a jw:y. CAPl'ION OF CASE (entire caption /lUSt be stated in full) (check one) ( x) Civil Action - Law Appeal from Arbitration LINDA L. RABENSTEIN, (other) (Plaintiff) vs. LOIS AUGUSTINE, The trial list will be called on 12-17-96 and Trials cannence on 1-27-97 (Defendant) Pretrials will be held on 1-2-97 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local ~le 214.1.) No. 95-5056 Civil 19 Indicate the attomey who will try case for the party who files this praecipe: Karen S. Coates, Esquire, Thomas, Thomas & Hafer, P. O. Box 999, Harrisbuq;:, PA 17108-0999 Indicate trial counsel for other parties if known: Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, PA 17011 This case is ready for trial. ~~ ~' ~ Signed: " " (....-/ Print N5m1 Karen S. Coates, Esquire Datel November 2b, 19% Attomey forI Defendant 28. LINDA L RABENSTEIN. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 1)5-5056 CIVIL TERM LOIS AUGUSTINE. Defendant CIVIL ACfION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 2, 11)1)7. were Patrick F. Lauer. Jr.. Esquire, attorney for the plaintiff, and Karen S, Coates. Esquire. attorney for the defendant. This case arises out of an automobile accident which occurred at an intersection in Lcmoyne on October 23. 11)1)3, The issues of liability arc relatively uncomplicated. The defendant has raised the question of whether or not the plaintiff had full tort coverage in October of 1993, Mr. Lauer indicated that he would provide verification of coverage no later than the close of business on January 10, 11)1)7, In this case. the insurer conducted a peer review and determined that further chiropractic expenses were neither reasonable nor nel'Cssary from and after June M. 11)95, A~suming that the plaintiff makes a claim for medical expenses. separate interrogatories may need to be propounded to the jury with respect to the various time periods during which certain medical expenses were reasonable and necessary, The parties have stipulated to the authenticity of medical records. Ms, Coates is attached for trial in Franklin County on January 27th, She indicates the trial should be completed no later than Tuesday. January 2M. 1997. and that she will be ready to proceed with this case on January 29th, Ms, Coates also indicated that someone from her office could be made available to pick a jury in this case on the 27th were that deemed to be neccs.~ary, January 2. 1997 K'*" ~ ,.L Patrick F. Lauer. Jr,. Esquire For the Plaintiff Karen S. Coates. E.~quire For the Defendant :rlm t @ m.e:: , \;)...11- LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5056 CIVIL ACTION - LAW EDWARD L. RABENSTEIN and LOIS V. AUGUSTINE, Defendants JURY TRIAL DEMANDED ,-, DBPBNDANT LOIS V. AUGUSTINB' S PRBTRIAL MBMORANDUM I. STATBMBNT or PACTS: This action arises out of an automobile accident occurring on October 23, 1993, at the intersection of Brandt Avenue and Lowther Street in Lemoyne, Pennsylvania. On that date, Plaintiff was the passenger in a 1987 Ford Escort automobile being driven by her husband, Defendant Ed Rabenstein. The accident occurred as Defendant Lois Augustine was traveling northbound on Brandt Avenue approaching Lowther Street. It should be noted that Brandt Avenue, when traveling in a northbound direction, is a "Y" intersection with an exit ramp to the right and Brandt Avenue continuing on the left. In the middle of the "Y" is a one-way street for traffic to enter from Lowther Street and proceed south on Brandt Avenue. Thus, vehicles that want to proceed south on Brandt Avenue must cross the northbound lane. These vehicles are required to yield the right-of-way to traffic traveling northbound on Brandt Avenue. " .;. " .'. -..j. , ,.\ - 1.'.\' '" ..,.. -:::1 '...."1 .... :~.., &..'..l ",. : -4 \Pi-@J,Fi!/al As the Augustine vehicle veered left at the "Y", Plaintiff's vehicle attempted to cross the northbound lane of Brandt Avenue and struck the Defendant's vehicle. There is no question that Defendant had the right-of-way while proceeding northbound on Brandt Avenue. On the other hand, the Rabenstein vehicle had a yield sign while entering Brandt Avenue from Lowther Street. As a result of the accident, Plaintiff's vehicle was totaled. There was virtually no damage to the Defendant's vehicle. On the date of the accident, Plaintiff was taken to the Harrisburg Hospital by the Wormleysburg Ambulance. She was treated and released with the diagnosis of "acute cervical strain secondary to MVA" and "hypertension." Plaintiff had no additional medical treatment until November 29, 1993, when she began seeing Corey Lees, D.C. at Chiro Plus. Plaintiff has seen Dr. Lees on a regular basis since 1993. It is, however, significant to note that Plaintiff's first party carrier, Allstate, has denied payment for chiropractic bills since June of 1994 based upon a peer review determination that ongoing care is not reasonable, necessary or appropriate for the injuries sustained in the motor vehicle accident. Moreover, Plaintiff never submitted a claim for the property damage to her vehicle. In this action, Plaintiff seeks to recover damages for soft tissue injuries allegedly sustained to her neck and back in the - 2 - automobile accident. There is no claim for lost wages, as the Plaintiff has not lost any time from work as a result of the automobile accident. II . ISSUES AS TO LIABILITY AND DAMAGBS I The issues pertaining to liability involve Plaintiff's allegation that the Defendant Lois V. Augustine was negligent and that the Defendant's negligence was a substantial factor in bringing about the Plaintiff's alleged injuries. In addition, there is an issue as to whether the accident is due to the negligence of Plaintiff's husband, Defendant Edward L. Rabenstein. With respect to damages, Plaintiff seeks an award for personal inj uries. On numerous occasions, Defendant has requested a copy of the Plaintiff's declarations page from the Allstate policy to verify that a full tort option was in effect on October 23, 1993. To date, Plaintiff has failed to provide the declarations page. Defendant submits, however, that if a limited tort option was in effect on the date of this accident, Plaintiff is precluded from recovering any damages for non-economic losses. With respect to Plaintiff's economic losses, there is no proof that Plaintiff has sustained such damages. In the event a full tort option was in effect on October 23, 1993, the Plaintiff is still precluded from recovering those amounts for medical expenses and/or lost wages which were paid or - 3 - payable from other sources. 75 Pa.C.S,A. ~ 1722. Specifically, it is believed that the majority of Plaintiff's medical/chiropractic expenses have been paid by Allstate. As noted above, Allstate has not paid chiropractic bills incurred after June 1994 on the basis of a peer review determination that said treatment was not reasonable, necessary or causally related to the Plaintiff's motor vehicle accident. Accordingly, Defendant submits that Plaintiff is hereby precluded from recovering any medical/chiropractic expenses at trial. In addition, the Plaintiff has not sustained any lost wages as a result of the accident. In fact, the Plaintiff did not miss any time from work and eventually, received a promotion and salary increase from her employer. Accordingly, Defendant submits the Plaintiff is hereby precluded from recovering any damages for lost wages. Moreover, Plaintiff has not included a claim for property damages to the vehicle and Plaintiff has not included a claim for loss of consortium. In addition, the Plaintiff has dropped any claim for emotional distress, humiliation, mental suffering or embarrassment. III. IDENTIPlCATION OP WITNBSSBS: Defendant intends to call Lois V. Augustine in opposition to the Plaintiff's claims of liability. In addition, Defendant intends to call Plaintiff's husband, Ed Rabenstein, as on cross examination concerning both the automobile accident; the events . 4 . leading up to the accident; and the Plaintiff's treatment thereafter, Defendant may also call Corporal Wheeler of the Lemoyne Police Department. Corporal Wheeler was responsible for investigating the accident and completed an accident report bearing Incident No. 93-2249. With respect to damages, Defendant intends to present the videotape deposition of Robert R. Dahmus, M.D. Dr. Dahmus conducted an independent medical evaluation on June 19, 1996. Dr. Dahmus concluded that the Plaintiff had nothing more than a soft tissue injury to her neck, which injury should have resolved a long time ago. Dr. Dahmus further concluded that the Plaintiff does not need any additional treatment with the exception of some anti- inflammatories to be taken on a p.r.n. basis. Specifically, Dr. Dahmus determined that any ongoing chiropractic treatment is unreasonable, unnecessary and not causally related to the automobile accident. IV. 1!YRtBITSI 1. Police Report prepared by Corporal Wheeler of the Lemoyne Police Department; 2. Photographs depicting the intersection of Lowther Street and Brandt Avenue taken by Judy Batcheler on August 29, 1995; 3. Diagram of accident scene; and - 5 . 4. Transcript of videotape deposition of Dr. Dahmus taken on January 17, 1996. V. SETTLBMBNT NEGOTIATIONS: Plaintiff has submitted a demand of $55,000. Defendant has made no offer. IV. OTHBR PERTINENT MATTERS: Defense counsel is scheduled for a non-jury trial to commence with Judge William Kaye in the Court of Common Pleas of Franklin County on January 27, 1997, in the case of Barclay v. T.E.M., Inc. , t/d/b/a Chambersburq Book 'N Card Shoooes, Docket No. A.D. 1995- 505. The Barclay trial should be completed no later than Tuesday, January 28, 1997, and, therefore, defense counsel will be ready to proceed with this case by January 29, 1997. submitted, Street 17108-0999 Attorneys for Defendant Lois V. Rabenstein DATE:/~rf%: .''1~~''l''~~-~~,!\c~~j''.!~~''''t:UU~J'' A......., ., ...... 2101..... - - ........ a...lllII. '" IlOlI nl1l16},11OO K:"";\?],::""- ore 21.rt-... . ;'.:.'."-" ~.;,~\' . . LINDA L. RABENSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 5056 CIVIL TERM . . v. .1 CIVIL ACTION - LAW LOIS V. AUGUSTINE, Defendant . . JURY TRIAL DEMANDED Ii :i PRETRIAL MEMORANDUM AND NOW comes the Plaintiff, Linda L. Rabenstein, by and through her attorney, Patrick F. Lauer, Jr., Esquire, and respectfully submits the following Pretrial Memorandum: 1. STATEMENT OF THE BASIC FACTS OF LIABILITY On October 23, 1993, at approximately 5:50 p.m., the Plaintiff, Linda L. Rabenstein, an adult individual of 20 Regency South, Carlisle, Cumberland County, Pennsylvania, was a passenger in a 1987 Ford Escort, PA registration No. VZF744, which was being driven by her husband and co-owner of the vehicle, Edward L. Rabenstein. Mr. Rabenstein was approaching Brandt Avenue from Lowther Street in the Borough of Lemoyne, Cumberland County, Pennsylvania. The intersection of Lowther Street and Brandt Avenue is controlled by a yield sign to traffic coming from Lowther Street onto Brandt Avenue. As Mr. Rabenstein approached the yield sign, he felt that he was able to safely enter into the course of traffic because he did not see any vehicles approaching that would impede his entry onto Brandt Avenue. However, the Defendant, Lois , I I' " I 1 ~ ! I: 'I I, I ~ , 'I " Augustine of 323 6th Street, New Cumberland, Pennsylvania, who was , driving her 1970 Oldsmobile Model 98, Pennsylvania Registration LCM027, northbound on Brandt Avenue toward Lowther Street, made a :! I' left turn, without signalling, directly into the front of the Rabensteins' vehicle. Corporal R. Wheeler of the Borough of Lemoyne Police Department completed an accident report which indicates that Mr. Rabenstein stated that he approached the yield sign and proceeded to Brandt Avenue after he noticed that Defendant Lois Augustine's vehicle did not show a turn signal. Defendant Lois Augustine indicated that she did use her left turn signal, however, the accident report noted that a witness named Linda Leister stated that she did not see any turn signal on Defendant Lois Augustine's vehicle. At the time of the accident, Plaintiff Linda Rabenstein was covered under a full tort option in accordance with the automobile insurance policy applicable to this accident. 2. STATEMENT OF THE BASIC FACTS AS TO DAMAGES As a result of injuries sustained during the accident as stated above, Plaintiff Linda Rabenstein was transported to Harrisburg Hospital by Wormleysburg Ambulance Number 315. She experienced pain and discomfort to her back and neck. Following a physical examination, Dr. Roy E. Monsour, M.D., diagnosed her with , .' :' a cervical strain and hypertension as a result of a motor vehicle accident. Plaintiff's neck was noted to be tender over the C-7 spine. Upon release, Dr. Monsour advised Plaintiff to take Advil for pain and to seek follow-up care from a family physician on the Monday following the accident. Plaintiff's condition progressively worsened. She experienced numbness at times and severe neck and back pain. These problems were accompanied by a decreased range of motion and loss of flexibility. Plaintiff sought treatment with Dr. Corey Lees, D.C., of ChiroPlus on November 29, 1993. During his initial physical examination, Dr. Lees performed an orthopedic and neurological evaluation as well as a range of motion study. Dr. Lees observed in the cervical flex/ext of 50/10 degrees with pain on upper extensions, cervical lateral flexion with pain on upper left lateral flexion, and pain in the trapezoid trigger points which radiated down both arms to the elbows. Dr. Lees diagnosed Mrs. Rabenstein with Cerviobrachial Syndrome, Cervical Myofascitis, and Cervical Sprain/Strain. Plaintiff's treatment plan included spinal manipulations, hydroculator, electric muscle stimulation, traction and adjustment. Throughout her treatment, Plaintiff suffered from neck, upper back pain, and shoulder pain. She also continued to experience frequent headaches and dizziness and had trouble in prolonged periods of standing. On January 13, 1994, a spinal curve analysis was performed and Plaintiff's sacral base angle was measured at 23 degrees - which is significantly less than the normal range of 45(10). Her spine also showed a curvature of 9 degrees between the vertebrae T12 and S. On February 24, 1994, another Spinal Curve Analysis was performed in which the sacral base angle was found to be 25 degrees instead of the normal range of 45(10). The analysis also showed a curvature of the spine of 10 degrees between vertebrae T10 and S. On March 14, 1994, an Mal performed on the Plaintiff by Dr. Peter M. Nefcy, M.D., showed an abnormal structure in the T1 vertebral body. A computerized muscle test was performed on March 26, 1994, which showed a 31% deficit in right lateral flexion. In July of 1994, Dr. Lees re-examined Plaintiff to check her progress and need for further treatment. He performed an SSBP test which appeared normal. However, on February 7, 1995, Dr. R. Scott Scheer, M.D., M.A.C.R., performed an ultrasound examination of Plaintiff to determine the presence of any soft tissue damage. The results indicated an abnormal study of the thoracic spine shown by evidence of myositis. Plaintiff was treated by Dr. Corey Lees, D.C., at ChiroPlus until March 14, 1995. Mrs. Rabenstein is an active mother of three teenage sons. She enjoys dancing and an active social life. As a I I i I I Ii II II 'I II i I I 3. I II " Ii Ii " II I result of the accident, Plaintiff was unable to dance without pain for a substantial amount of time. She also experienced great difficulty in performing any type of exercise. STATEMENT AS TO THE PRINCIPLE ISSUES OF LIABILITY AND DAMAGES Whether Plaintiff was a passenger in the vehicle being driven (a) by Edward Rabenstein at the time of the accident with Defendant Lois Augustine's vehicle? (b) Whether Defendant Lois Augustine failed to use due care prior to turning left from Brandt Avenue onto Lowther Street directly ': into Edward Rabenstein's vehicle? (c) Whether Defendant Lois Augustine's failure to use due care constitutes negligence? (d) Whether Defendant Lois Augustine's failure to use due care was a direct and proximate cause of the accident? (e) Whether Plaintiff's injuries were a direct and proximate result of the accident? (f) Measure of damages. 4. The Identitv of Witnesses to be Called (a) Plaintiff Linda Rabenstein (b) Edward L. Rabenstein (c) Linda Queen (maiden name Leister) (d) Cpl. R. Wheeler, Lemoyne Police Department (e) Roy E. Monsour, M.D., Harrisburg Hospital I II I I 1 I i i (fl I 1 I 1 , (gl I, 'I I, Ii (hi Ii 'i (il (j I I (kl :j I, " ,! Ii (11 ,I I , (ml 5. (al (bl (cl (dl (el --;....... Corey Lees, D.C., Chiroplus Dr. Andrew Madeira, Chiroplus Peter M. Nefcy, Ph.D., M.D., Camp Hill Physicians Imaging Center R. Scott Scheer, M.D., M.A.C.R., Docu-Test Systems, Inc. Robert Bage, D.O. Rustico C. Polutan, M.D., Summit Medical Services, Inc. Steven Manekin, M.D., P.A., Summit Medical Services, Inc. Dr. Luttermuser, Mechanicsburg Family Practice. List of Exhibits Commonwealth of Pennsylvania Police Accident Report. Deposition of Plaintiff Linda L. Rabenstein. Deposition of Edward L. Rabenstein. Deposition of Defendant Lois v. Augustine. Wormleysburg Emergency Medical Services records and billing information. (fl Harrisburg Hospital medical records and billing information. (gl Chiroplus medical records and billing information. (hi Camp Bill Physicians Imaging Center Corporation medical records and billing information. (il Docu-Test Syst_s, Inc., aedical records and billing information. (il Robert Hage, D.O., medical records and billing information. i I I I I I ij ,I i I :1 I I \1 LINDA L. RABENSTEIN, i I Plaintiff 'I v. I: :: LOIS V. AUGUSTINE, I' Defendant 1 I , . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5056 CIVIL TERM . . . . . . . . . . CIVIL ACTION - LAW . . . . JURY TRIAL DEMANDED CBRTIFICATB OF SBRVICB I, Patrick F. for Linda Esquire, attorney Lauer, Jr. , I I I " Rabenstein, Plaintiff, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Karen S. Coates, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 By: Jr., BBquire PA S.Ct. 1.0. No. 46430 2108 Market Street, Aztec Bldg. Camp Hill, PA 17011-4706 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF DATED: //z7!i{ , LINDA L. RABENSTEIN, Plaint if f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW NO. 95-5056 CIVIL TERM EDWARD L. RABENSTEIN V. AUGUSTINE, Defendants and LOIS PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above captioned action as settled, discontinued and ended with prejudice. S2~~squlro 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 Date: January J7 , 1997