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Home My WebLink About95-06517 . ~ HIESTER H. VANDERSLICE and, DORIS E. VANDERSLICE, hi. wife, 113 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. v. CIVIL ACTION LAW DANIEL J. SHOOP, Def.ndant 95-6517 CIVIL TERM IN REI PRE-TRIAL CONFERENCE At a pre-trial conference held Wednesday, April 30, 1997, on the above-captioned case before the Honorable Herold E. Sheely, President Judge, present for the Plaintiffs, Hiester H. Vanderslice and Doris E. Vanderslice, was Gregory R. Reed, Esquire, present for Defendant, Daniel J. Shoop, was Richard B. Druby, Esquire. Liability has been admitted in this case, and I would estimate that it would take no longer than one and one half days to oomplete. Both counsel are available this week, however, Mr. Druby indicated that he does have another trial licted for this term of civil Court in Cubmerland county. This accident happened in the Borough of Meohaniosburg at the intersection of South Market street and East simpson street on October 12th, 1995. Doris E. Vanderslice, age 75 at the time of the ac~ident was driving her 1984 Toyota vehicle and her husband, Hiester H. VanderslJce, age 83, was a passenger in her vehicle. As indicated, at that intersection they were struck by a vehicle operated by Daniel J. Shoop, and it is indicated that liability has been admitted. Plaintiff Doril E. Vand.rllio. had had a left knMe replao.ment in January of 199~. Thi. aooid.nt aggravating h.r l.ft kn.. Ind ..t h.r baok in h.r total rov.ry from the total kn.. replac....nt. HMr dootor i, William J. Pollch.ok, Jr., who will b. d.po..d by video d.position on May 14th, 1997. I don't b.li.v. hi. t..timony will indioat. that the damages from thi. Iccid.nt has oau..d any type of permanent injury to her knee, howev.r, Mrs. Vand.rslice will testify a. to the problem. .h. is pr....ntly having. Mr. Hiester H. Vanderslioe suffered minor injuri.. as a result of this aocident. unfortunately Mr. Vand.rslice is presently in a nursing home and not competent to testify, and the extent of his injuries will have to be .xplained by his wife, and I also believe his Bon will be teltifying as to tho extent of his injuries. All medical bills have bMen covered, and there will be no medical bills to be submitted at this trial. Another issue of damages in this trial concerns the 1984 Toyota vehicle owned by the Plaintiffs. Both parties agree the vehicle was totalled in this accident, and Plaintiffs are claiming damages that the car was worth $5,000.00 at the time of tho accident. The Defendant's witness will say that the vehicle was woth $2300.00 at the time of the accident. So obviously that will be a jury issue as to the value of the vehicle. Plaintiffs are demanding $39,000.00 to settle all claims. The Defendant haa of erred $10,000.00 and apparently . thl. Q'.. wll\ b. 90in9 to a jury trill bacaus. th.r. did not .pp..r to b. any r...onable pro.p.ct ot ..ttlinq it at the pre-trial , By the court, Gr.gory R. R..d, For pllint1rr. Richard B. Druby, For D.t.ndant 5" 119/ :lkt " " ), ii, 'Ii " I' 1i , ?;f. If") .. c: ,.; I r:' , ~{~'i .. 'I'...: ~;:l :,1,: ,Id 0' J ~"- t (~.~ ,>\ . .;". .:It' I ' ,/] r:ll" ;10- ,I,,; i.tl' ..!I, m 1_'; ....." ,!u. 1/. ". ~~ '.1 b; ,! , , , , , , " "; , , '.1 I - V VY'~Sl(~.~J J.) ~G (1-- P..R~ ()_ URv fjt-;--:- , . ( lh-ctu't::.....JI --- A~ VtLJ tVfv~ ,.----_ I 1;) I) I-. 1 ...) 1(1-~ ---- II ~ ~;,,(..5 LI Lib .'\ 7d ( ,i ~yr LA- IVU ~ (cJAi;;~ ( ~ I f'rr )tJJrv; ~ ~. tm~. t/~.QJriIM.l\.- ~~-tv._~ ~/,{~t~~ /1~ Lr,1) ~ . I') (, lL.'LU-:-:> 1....-- ( Ct____ ~iIV' ~ J~' 1/ .J. c.,' ...."75- DC/\- \ ) O--~.S L.t t-f ' /.;:<'vv ..."t JM-v... ~,i-cT"v l-:. 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'I'; (.~ ~J I') l j I 'A..,~ /.j)\()l DANIEL J. SHOOP, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sst 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 Cour.t 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 f.or any money claimed in the complaint or for any other claim or relief requested by the Defendant. 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 TELEPHON~ THE OFFICE SET FORTH BELOW 'ro FIND OUT WHERE YOU CAN GET LEGAL HELP. court Administrator 4th Fl., cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demaandado a usted en la corte. si usted quieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de 14 demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en peraona 0 par a~ogadQ y archivar en la corte enforma escrita sus defensas 0 sus objections alas demandas en contra de su persona. Sea ayisado que si usted no se defiende, 16 corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y port cualquier queja 0 alivio que as pedido an la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. i f: )/ ,\ .1:' '/.> IN TH. COURT or COMMON PLIAS or CUNBIRLAHD COUNTY. PIHHSYLVAHIA HIBSTER H, VANDBRSLICB and DORIS B. VANDBRSLICB, his wife, plaintiffs CIVIL ACTION - LAW I I I I I I I I I JURY TRIAL DEMANDED v. NO. DAijIEL J. SHOOP, Defendant > '1- ')j J~, " Y 1" loj', ';1 COMPLAINT COHES NOW, the Plaintiffs, HIESTER H. VANDERSLICE and DORIS B. VANDERSLICE, his wife, by and through their attorney, Gregory R. Reed, Rsquire, and for their causes of action allegel 1. Plaintiffs, HIESTER H. VANDERSLICE and DORIS E. VANDERST"ICE (hereinafter referred to as "PlaintHfs"), are adult individuals residing at 505 West Elmwood Avenue, Mechanicsburg, Cumberland county, Pennsylvania 17055. 2. Defendant, DANIEL J. SHOOP (hereinafter referred to as "Defendant"), is an adult individual residing at 20 Bridge Street, Mifflintown, Pennsylvania 17019. 3. The facts and occurrences hereinafter related took place on or about October 12, 1995 at the intersection of State Route No. 114 (South H4rket street) and state Route 201 (East simpson street) in Mechanicsburg Borough, Cumberland county, Pennsylvania. 4. At that time and place Plaintiff, Doris E. Vanderslice, was the operator of a 1984 Toyota and was traveling west on East f \1' iF 1,1,1, 'I ;-~ 1'1 1. I',' i 'r , Ii " j, , " " Simpson Street and Plaintiff, Hiester H. Vanderslice, was a front seat pllssenlj1er. 6. At that time and place Defendant was the operator of a 1984 Jeep Waggoneer and was traveling north on South Market Street. 6. At that time and place Defendant's vehicle approached the intersection and went through a red traffic light directly into the path of Plaintiffs' vehicle. 7. At that time and place the vehicle operated by Defendant was caused or allowed to crash into Plaintiffs' vehicle. 8. The aforesaid collision and all the herein mentioned injuries and damages sustained by Plaintiffs are the direct result of the negligence, careles.sness and recklessness of Defendant as follows: (a) (b) (c) (d) (e) (f) In failing to keep alert and maintain a proper lookout for the presence of Plaintiffs' vdhicle traveling through a green traffic light at said intersection; In failing to keep proper and adequate control of his vehicle; In failing to stop for a red traffic control signal; In failing to exercise the degree of care required at an intersection; In failing to main cain a proper lookout for traffic at said intersection; In tailing to apP1r his brakes in time to avoid striking Pla ntiffs' vehicle; In failing to take measures to avoid striking plaintiffs' vehicle, In failing to yield the right of way to Plaintiffs' vehiole, In drivlng his vehicle with a suspended lj,oenae, and In driving his vehiole in a reokless manner and with oareless disregard for the rights and safety of others and in otherwise operating his vehicle upon the highway in a manner endangering persons and property and in violation of the motor vehicle code of the commQllwealth of Pennsylvania. COUNT I 9. Paragraphs 1 through B inclusive of this complaint are incorporated herein by reference as though fully set f.orth at (;) (M (i) (j) ,'--f IIi , , " length. 10. As a result of the aforesaid collision plaintiff, HIESTER H. VANDERSLICE, was thrown and jostled about, thereby sustaining painful, permanent, severe and disabling injuries and serious impairment of function including, but not to limited to, the following I (a) (b) (c) (d) Headaches, Cervical Strain, Right knee ligament strain; Severe emotional trauma, depression and anxiety; and Aggravated symptoms of Alzheimer Disease. 11. Said Plaintiff has been advised and therefore avers that (e) the aforesaid injuries ~re permanent in nature, and olaim is made therefore. 12. By reason of the aforesaid injuries sustained by said plaintiff he was forced to incur liability for medioal treatment, medicine, physical therapy, and similar miscellaneous expenses in and about an effort to restore himself to healths and because af ' the nature of said injuries he is advised, and therefore avers, that he will be forced to incur similar expenses in the future, and claim is made therefore. 13. As a result of said injuries said Plaintiff has undergone and in the future will undergo great mental and physical pain and sUffering, great inconvenience in carrying out his daily activities and loss of life's pleasures and olaim is made therefore. 14. As a result of the said injuries said Plaintiff has been, and in the future wil.l be, subject to great humiliation and embarrassment, and claim is made therefore. WHEREFORE, plaintiff, HIESTER H. VANDERSLICE, demands judgment against the Defendant, DANIEL J. SHOOP, in an amount in excess of the jurisdictional amount requiring compulsory arbitration in cumberland county, Pennsylvania together with costs and interest. COUNT II 15. paragraphs 1 through 14 inclusive of this Complaint are incorporated heroin by reference as though fully set forth at length. 16. As a result of the aforesaid collision Plaintiff, DORIS E. VANDERSLICE, was thrown and jostled about, thereby sustaining painful, permanent, severe and disabling injuries and serious impairment of function including, but not to limited to, the following: cervical strain; Right ankle strain; Multiple contusions and bruises; Severe emotional trauma and anxiety; and Bruises, contusions and irritation of knee and surrounding ligaments and tendons and prosthetic device. 17. Said Plaintiff has been advised and therefore avers that (a) (b) ~c) (d) (e) the aforesaid injuries are permanent in nature, and claim is made therefore. 18. By reason of the aforesaid injuries sustained by said Plaintiff she was forced to incur liability for medical treatment, medicin~, physical therapy, and similar miscellaneous expenses in and about an effort to restore herself to health; and because of the nature of said injuries she is advised, and therefore avers, that she will be forced to incur similar expenses in the future, and claim is made therefore. 19. As a result of said injuries said Plaintiff has undergone and in the futuro will undergo great mental and physical pain and suffering, great inconvenience in carrying out her daily activities and loss of life's pleasures and olaim is made therefore. 20. AS a result of the said injuries Plaintiff has been, and in the future will be, sUbjeot to great humiliation and embarrassment, and olaim is made therefore. WHEREfORE, Plaintiff, DORIS E. VANDERSLICE, demands judgment against the Defendant, DANIEL J. SHOOP, in an amount in excess of the jurisdictional amount requiring compulsory arbitration in Cumberland County, Pennsylvania together with costs and interest. COUNT III 21. Paragraphs 1 through 20 inclusive of this complaint Are inoorporated herein by reference as though fully set forth at length. 22. As a result of the aforesaid injuries sustained by his wife, DORIS E. VANDERSLICE, resulting fr.om the aforesaid negligence of the Defendant, Plaintiff, HIESTER H. VANDERSLICE, has been deprived of the companionship, comfort, and society of his wife and has been advised that he will be deprived of the same in the future, and claim is made therefore. WHEREFORE, Plaintiff, HIESTER H. VANDERSLICE, demands jUdgment against the Defendant, DANIEL J. SHOOP, in an amount in excess of the jurisdictional amount requiring compulsory arbitration in Dauphin county, Pennsylvania together with costs and interest. " j::OUNT .u 23. Paragraphs 1 through 22 inclusive of this complaint arl incorporated herein by reference as though fully set forth at length. 24. As a result of the aforesaid injuries sustained by her husband, HIESTER H. VANDERSLICE, resulting from the aforesaid negligence of the Defendant, Plaintiff, DORIS E. VANDERSLICE, has been deprived of tho companionship, comfort, and sodety of her husband and has been advised that she will be deprived of the same in the future, and claim is made theref.ore. WHEREFORE, Plaintiff, DORIS E. VANDERSLICE, demands jUdgment against the Defendant, DANIEL J. SHOOP, in an amount in excess of the jurisdictional amount requiring compulsory arbitration in Dauphin county, Pennsylvania together with costs and interest. COUNT V 25. Plaintiffs incorporate by reference paragraphs 1 through 24 inclusive of this complaint as though fully set forth herein. 26. As a result of said accident, Plaintiffs' 1984 Toyota was totally demolished and Plaintiffs sutter direct consequential damages and losses for said automobile in an amount ot $5,000.00. I t-, kA "/- .. '~l;: - I"" ..c ~I;l .;):' U:,,".'~ @J GC l..~'l"~' ~' ....1.,;. c:::t 01.....1 " _ I" ~i:'~ , te l\:. "I.' ",'" ..' r ,~, I:' I_,II~' I a_ '''', IW.. I ),;... II: -, :iiI:' r:.\ \t ~--f. "l ~ ~~ 2 ~ ,,) t QI · ~ l " 'J t{) l' 11 ~ II) ~ 0'). 0.' '\1 ffI rrl 1J 11 J Il( u ~ ~1 I i~: I"! I 0 .. J .. I ~Ilii ~!I . t- . icl I;, ~ ~ Ii . ~ ~i~ ., I ~ . . . . , , ',. :-", , - HIISTER H. VANDERSLICE and I IN THE COURT OF COMMON PLEAS DORIS E. VANDERSLICE, hi. wife, I CUMBERLAND COUNTY, PENNSYLVANIA I plaintiff. I NO. 96-61S17 v. I I CIVIL ACTION - LAW DANIEL J. SHOOP, I I Defendant I JURY TRIAL DEMANDED .RAICI.I roa IKTay or A...ARAHOI TO THE PROTHONOTARY I Kindly enter the appearance of the underBigned as counsel for Defendant, Daniel J. ShoOp, in the above-captioned action. Respectfully submitted, METZGER, KNAUSS & ERB BYI E war E. nauss, IV, Esquire Attorney 1.0. No. 19199 P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Attorneys for Defendant ,0' ("-- Datel II. L.f)' I> l~ Th~ Court ci C.:mmon Ple~s or C:.Jr.;::-:.ilc'!::nd C'::U:-;':YI Psnn:syl'lC::r.!o tHellter If. Vllnrlerlll ice find Dorta 1-:. Vnndul's]l,'u "Is. Olin iel ,J. Hhoop 'J'l-b!') 1'1 C tv t 1 '0 ...---.---..-......, ....._-. :-roo :-low, Novelllber 16, 1'l'J5 :9__ t. S:-U:Rn'::' O? C':..~[3:E:il.!.A.'{D COt.~'l"'f. ?A-. lia bcnby dcj;u= tho Sbr.I.:i 01 lllh'LlI'.tlto C~Ul1rr III c:lec".1Ul :.:a W:!'l, ..~ t!:!s cl.cpUtlCml bt!:!.; ~ u :ho :-:qucn :::.d :Uk of t!:r: P!W:.:!:? ''.I" ?"..-,.""; /' i .,~~\...~ .,.+';.,r..t'. ..... . , Sh~ ot ~==t.rWId C~Wlrr. PII. Affida.vit ar Sem= ~ow, t!:r:~t!Un oooombo r 1, ~9 lJ~ :.t 11 ,45 o' .:lea ~_"c. 1='.-= NOTtCll , COMPLTIlN'l' '.lFOI1 Oaniol J. 'ShooJl 1t RR 3, Smith Road, Mifflintown. Juniata county, ponn"Yt~~ ':Iy ~::u..il.,t :D Kathy Shoop, .topmothor of t~]ofonitant at Oofonitant'a usulll plllco of .. truo and Ilttostoit ~!'1 01 :ho ori:f.-,I Notice & Complaint .' - :U1d ::w:c Icawtl :0 hor :.:.c '::::lne::ts ~Io:c:=i. So ll.C.SW=' (j,!~InIa.. ~ 1*(9,;- Shcr'.H 0/ Juniata COWl.,. Po. II. Thomas l.yter Swam :U1d wl::sc:bed be:'orr: =r::!:.!s.5.JJ.:.. CAy 01 I.~,-. COSTS SUYtCZ :>.au:.\GE S 18.00 .92 I!? ...8- 2.00 (:'JfJt I,,, f. CCb-.c , I 'l'ly., II I ~ -\. -:-:mlY TI :1 . ,IU^,'l t~: 1.:1 !\lil\ ~JlI'-PlJ1Y 1.llil)IIIUNI)I"AlI'( My l;tJlI,lllli.:,I'l!ll,}p,Il:'; ....llltil t"'I~I!d'.'1111:JI~~F~'Nn 20.92 54.08 .-....... ""---. S G KUITO K. VAND.RILICI and DORI8 I, VANDIRSLICI, hi. wife, plaintiff. I IN THI CQURT or COMMON PLEAS I CUMBIRLAND COUNTY, PENNSYLVANIA I I NO. 911-61117 I I CIVIL ACTION - LAW I I I JURY TRIAL DEMANDID ", DAHIlL J. SHOOP, Def.ndant NOTICE TO PLEAD TOI Hi..t.r H. Vander.lice and Dori. E. Vander.lice, his wife, plaintiffs -- and -- Gre90ry R. Reed, E.quire 2423 North Third str.et Harri.bur9, PA 17110 coun.el for Plaintiffs YOU ARE HEREBY NOTIFIED to file a written re.ponse to the enclo.ed New Matter of Defendant within twenty (20) days from ..rvic~ hereof, or a judgment may be entered against you. Respectfully submitted, METZGER, KERSHAM, KNAUSS , ERB ,,,0 BYI 17100-0093 Dated, ~ h'f I'I/' Attorneys for Defendant HIISTIR H, VANDZRSLICE and I IN THI COURT OF COMMON fLEAS DORIS .. VANDIRSLICI, hi. wife, I CUMBBRLAND COUNTY/ PENNSYLVANIA I plaintiff. I NO. 95-6517 v, I I CIVIL ACTION - LAW DANIIlL J. SHOOP/ I I Defendant I JURY TRIAL DEMANDED D....D~'. ...... WITB ... MATT.. 1, Admitt.d upon information end belief. :I, Admitted. :). Admitted. .., Admitted. 5. Admitted. 6. Admitt.d. 7. D.nied a. .tat.d. It i. admitted only that the vehiol.. oollided, 8. No answer il requir.d, al Defendant admits liability for the aooident. COUll'l' I 9. Paragraph. 1 through 8 above are incorporat.d her. in by referenoe. 10, (a)-(e). After nuonable inv..tiqaUon, D.hndant ~. without knowledq. or information .Uffioi.nt to form a b.lief a. to the truth of the av.rmenta, inoludinq averm.nta 10(a) throuqh 1~(.), end proof i. d...nded at trial. U. After na.onable inv..tigaUon, Defendant 1a without knowledge or infonation .ufrioient to form a belief .. to the truth of the aver.ent., and proof i. demanded at trial. 12. Aftet' reuonabl. inve.tigation, Defendant 1a without knowledq8 or intormation .ufrioient to form a beli.f a. to the truth of the avermentl, and proof is demanded at trial. 13. After reasonable investigation, Defendant is without knowledqe or information .ufrioient to form a belief a. to the truth of the averment., and proof is demanded at trial. 14. After reuonable investigation, Defendant 1a without knowledge or information .ufrioient to form a belief a. to the truth of the averments, and proof is demanded at trial. WHEREFORE, Detendant demands that this matter be 8ubaitted to the Court on the i.sue of damage., and that judgment be entered in Def.ndant'. favor on Plaintiff.' olai. for oo.t. and intere.t. -2- 1,/ COUJrl' II 15, Paragraph. 1 through 14 above Ire inoorporated h.rein by reference. 16. (a) -(I). After nuonabll tnv..tiqation, Defendant ia without knowl.dg. or information sUfficilnt to form a b.lief a. to the truth otthl av.rm.nts, inclUding subparagraphs 16(a) through 16(e), and proof is dlmanded at trial. 17. After reasonable investigation, Defendant is without knowlldge or information suftioient to form a belief as to thl truth of the averments, and proof is demanded at trial. 18. After reasonable investigation, Defendant is without knowledge or information suffioient to form a belief all to the truth ot the averments, and proof is demanded at trial. 19. After rea.onable investigation, Defendant is without knowlldge or intormation suftioient to torm a belief as to the truth ot the avermentl, and proot is demanded at triaL 20. After reasonable investigation, Detendant is without knowledge or intormation suttioient to torm a belief all to the truth of the averments, and proof ill demanded at triaL WHEREFORE, Defendant demands that this matter be aubmitted to the Court on tha issue of damage., and that judgment -3- be entered in Defendant'. favor on plaintiffs' claim for coat. and intere.t, COUll., In 21. Peragraph. 1 through 20 above are incorporated herein by reference. 22. After reasonable investigation, Defendant is without knowledq. or information suttioient to torm a belief as to the truth ot th~ averments, and proot is demanded at trial. WHEREFORE, Defendant demands that this matter be .ubaitted to the Court on the issue ot damageG, and that judgment be entered in Detendant'. favor on Plaintitfs' claim for costs and int.re.t. COUIft' IV 23. Paragraphs 1 through 22 above are incorporated herein by r.ferenoe. 24. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment., ~nd proof is demanded at trial. WHEREFORE, Defendant demands that this matter be .ubmittld to the Court on the issue of damages, and that judgm.nt -4- , , , be enterld in Detendant'e tavor on Plaintitts' claim tor costs and intere.t, COUMT v 25. Paragraphs 1 through 24 above are incorporated herein by reterence. 26. Admitted in part and denied in part. It is admitted that, ae a result of thl accident, Plaintiffs' 1984 Toyota was a total 101.. However, the remaining allegations of paragraph 26 are specifically denied, and pro~f thereof is demanded. WHEREFORE, Defendant demands that this matter be .ubmitted to the Court on the issue of damage., and that judgment be enter.d in Deflndant's favor on Plaintiffs' olaim for costs and intere.t. Haw MATTIR 27. Defendant believes and therefore avern that plaintifts' have or may have failed to mitigate their damages. 28. Defen.e. reserved pursuant to Pa. R.C.P. l030(b), and all other defense. not required to be pleaded are hereby reserved. 29. It plaintiffs have sustained damages as alleged, of which strict proof ie demanded, the same were caused by conditione for -5- URIPICATIOli I, D.nlll J, ShooP, hareby cartUy that I hava re'cS thl foreQoi.ng An.",ar wlth Na'" Matter and blll.v. it to be true .ncS oorr.ot to the bI.t of .y kno"'ladg., lnfor..tion, and beli.f. I und.r.tend that fal'. .tat...nt. h.rein ar. ..d. .ubj.ot to the p.nalti... of 18 Pa. C,8.A. 14904 relating to \\n.",or" faldflcaUon to authodti... ) ~~,J :t:./ tiij;ta . p'op t--.p'" Dat.' ,,?- q4~ " , ' , " . .. . . IN THI COURT or CONNON PLEAS or CUMBIRLAND COUNTY, PENNSYLVANIA HIBST~R H. VANDERSLICE and I DORIS E. VANDERSLICE, his c wife, C Plaintiffs I C v. C t DANIEL J. SHOOP, I Defendant I CIVIL ACTION - LAW NO. 95-6517 JURY TRIAL DEMANDED REPLY TO NEW MATTER 27. specifically denied. Defendant's allegation is an averment or conclusion of law to which no responsive pleadinQ is required. Nevertheless, Plaintiffs have used reasonable care to have their injuries treated and mitigate all damages. 28. specifically denied. Defendant's allegation is an averment or conclusion of law to which no responsive pleading is required. 29. specificallY denied. Defendant's allegation is an averment or conclusion of law to which no r.esponsive pleading is required. Furthermore, all damages claimed by Plaintiffs were caused by the Defendant Daniel J. Shoop in the aforesaid accident. , . ,,' CERTIFICATB OF BERVI~E AND NOW, this !Ii! day of ~ ' 1996, I, Greqory R. Reed, Esquire, Attorney for Plaintiff, do hereby certify that I have served by first class mail, a copy of the att4ched Reply to New Matter, this day to the following addressl Richard B. Druby, resquire Metzqflr, Wickersham, Knauss & Erb f.O, Box 93 Harrisburg, 17110 " I;: C") '.. . ~:.> ('" ~;r .. ,. l'-.I~: .or ").,,. Iii' r'l ~,. :l~ i-, ':r 1,1.. L' ~ t !. ./ 0' li'j (:rl' , I L, U." . r< '.",) JJ.. I .;r: !lJ. " ,n ) < ,:, ,J o .. ~I!~l i.:~I~ ~lli~ .' " , ,> , , " , , c:) r.,: , " r.: (', J.~ ~" " 1. :~ . ! ~I\' 01 , '.' ~.~I; y~ I,l,j u ~.Ii (\, '1 :.1 'jf:, C:l I'li' .' {' .. .r, , \I. ... 1/,. , 3" ':'1'(1 , tEl:l tI,J ti.+1 ,"l().. I,: , ~ ~ ,..' 0' , , " , , I, "''';, , , II " , " " ." ;-",;..!