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Home My WebLink About02-4525JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, V. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 LEGAL HELP. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar ana orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 237848.1 \MTG~LC3 ORIGINAL JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Judith and John Sweikert are adult individuals and citizens of the Commonwealth of Pennsylvania who reside in Wiconisco, Dauphin County, Pennsylvania. 2. Defendant Julie George is an adult individual who resides at 918 Magnolia Drive, Enola, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about December 2, 2000, at approximately 10:00 a.m. 4. At that time, Ms. Sweikert was a front-seat passenger in her 1997 Pontiac Bonneville and was traveling southbound on 32n~t Street, Camp Hill, Cumberland County, Pennsylvania. 5. Hill. At the same time, the Defendant was traveling southbound on 32na Street, Camp 6. Ms. Sweikert's vehicle was completely stopped due to traffic when her vehicle was suddenly hit from behind and pushed into a five vehicle chain-collision. 7. The Defendant caused her Honda CR-V to collide into the back of a vehicle driven by Nina Myers. 237848.1~/TG\LC3 8. Ms. Myers's vehicle then collided with the back of Ms. Sweikert's vehicle. This impact caused Ms. Sweikert's vehicle to collide into the rear of a vehicle driven by Wayne Weaver. Mr. Weaver's vehicle was forced into rear of the vehicle in front of it. 9. The foregoing accident and all of the injuries and damages set forth hereinafter are the direct and proximate results of the negligent, careless, wanton, and reckless manner in which Defendant Julie George operated her motor vehicle as follows: a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b) failure to stop within the assumed clear distance ahead; c) failure to keep proper and adequate control over her vehicle; d) failure to keep a proper watch for slow and stopped traffic; and e) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I. Judith A. Sweikert and John R. Sweikert v. Julie George 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. As a result of the aforementioned collision, Ms. Sweikert suffered painful and severe injuries including, but not limited to, neck and back strain, muscle spasms, spondylosis, numbness in her arms, head and neck aches, paresthesias, reddening of her hands, ear pain, fibromyalgia, and a cervical spine injury. 12. By reason of her aforesaid injuries, Ms. Sweikert was forced to incur liability for medical treatment, medications, physical therapy, and similar miscellaneous expenses in an effort to restore herself to health, and a claim is made therefor. 237848.1 WITG\LC3 2 13. Because of the nature of her injuries, Ms. Sweikert has been advised, and therefore avers, that she may be fomed to incur similar medical expenses in the future, and a claim is made therefor. 14. As a result of the aforementioned injuries, Ms. Sweikert has undergone and in the furore may undergo physical and mental suffering, inconvenience in carrying out her daily activities, and loss of life's pleasures and enjoyment, and a claim is made therefor. 15. As a result of the aforementioned injuries, Ms. Sweikert has been and in the future may be subject to embarrassment and humiliation, and a claim is made therefor. 16. Ms. Sweikert continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and a claim is made therefor. CLAIM II John R. Sweikert v. Julie George 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. As a result the aforementioned injuries sustained by Plaintiff Judith A. Sweikert, Plaintiff John R. Sweikert has been, and in the future may be, deprived of the care, compassion, consortium, and society of his wife, all of which will result in great detriment to him, and a claim is make therefor. WHEREFORE, Plaintiffs Judith A. Sweikert and John R. Sweikert demand judgment against Julie George in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars, 237848.1~vlTG\LC3 3 exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANG~ROVNER, P.C. iD. aD.V{dNL~ 3L5~9~ 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaimiffs 237848.1WITG\LC3 4 yERIFICATION We, Judith A. Sweikert and John R. Sweikert, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. WITNESS: J~iith A. Sweikert ~//John R. Sweikert 237848.1 ~MTG\LC3 SHERIFF'S RETURN - CASE NO: 2002-04525 P COMMONWEALTH OF PENI~SYLVANIA: COUNTY OF CUMBERLkND SWEIKERT JUDITH A ET AL VS GEORGE JULIE L REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLJIINT & NOTICE was served upon GEORGE JULIE L the DEFENDANT , at 1853:00 HOURS, on the 26th day of September, 2002 at 918 MAGNOLIA DRIVE ENOLA, PA 17025 DOUGLAS GEORGE, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this f~-~ day of ~ ~ ~ 2_~ A.D. tP~ot~notary So Answers: R. Thomas Kline 09/27/2002 ANGINO & ROVNER By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs, VS. JULIE L. GEORGE, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Filed on behalf of Defendant, JULIE L. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D. #59990 O'MALLEY & MAGLEY, LLP 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS, JUDITH A. SWEIKERT AND JOHN R. SWEIKERT TO: PROTHONOTARY AND NOW, comes the Defendant, Julie L. George, by and through her attorneys, O'MALLEY AND MAGLEY, L.L.P., and certifies that Interrogatories and Requests for Production of Documents Directed to the above-named Plaintiffs were served upon counsel for Plaintiffs, David L. Lutz, Esq., at 4503 N. Front Street, Harrisburg, PA 17110, by United States mail, postage pre-paid this ~'/~ day of ~d~, 2002. By: O'MALLEY AND MAGLEY, LLP S tATohme~eyJ'fo~gle' Yfe~dan~; / (f Julie L. George IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs, CIVIL ACTION - LAW No. 02-4525 -Civil Term VS. JULIE L. GEORGE, PRAECIPE FOR APPEARANCE Defendant. Filed on behalf of Defendant, JULIE L. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D. #59990 O'MALLEY & MAGLEY, LLP 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, VS. JULIE L. GEORGE, Plaintiffs, CIVIL ACTION - LAW No. 02-4525 -Civil Term Defendant. PRAECIPE FOR APPEARANCE Kindly enter the appearance of O'Malley and Magley, L.L.P. as counsel of record for Defendant, Julie L. George. Respectfully submitted, Stephefi J./~agley, Esq~re Attorney [qr Defendanl/ Julie L. George O'MALLEY and MAGLEY, L.L.P. 5280 Steubenville Pike Pittsburgh, PA 15205 CERTIFICATE OF SERVICE I hereby certify that on this F~ day of t~c~f, 2002 a true and correct copy of the within Praeeipe for Appearance was served by First Class Mail, postage prepaid upon the following individuals: David L. Lutz, Esq. 4503 N. Front Street Harrisburg, PA 17110 O'MALLEY AND MAGLEY, LLP Julie L. George JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, Vo JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 1 To: Defendant Julie George, by and through her attorney Stephen Magley, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that on December 2, 2000, at approximately 10:00 a.m., you were involved in a motor vehicle accident on 32na Street, Camp Hill, Cumberland County, Pennsylvania? Admit Deny __ 2. Do you admit that before the subject motor veh&le accident, you were operating a Honda motor vehicle? Admit Deny __ 3. Do you admit that the front of your Honda collided into the rear of a vehicle that was operated by Nina Myers? Admit Deny __ 253421.BDLLWITG 4. Do you admit that as a result of the front of your Honda colliding into the rear of Nina Myers' vehicle, the Myers' vehicle collided into the rear of Mrs. Sweikert's vehicle? Admit Deny __ Date: ANGINO & ROVNER, P.C. Daniel L. Lutz I.D. No. 315956 4503 N. Front Street Harrisburg, PA 17110 (717) 238--6791 Attorney for Plaintiffs 253421. I~DLL~'ITG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of the PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT- SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen Magley, Esquire 5280 Steubenville Pike Pittsburgh, PA 15205 Attorney for Defendant 253421. I",DLLWITG JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, V. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED PETITION FOR A RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT RESPOND TO THE PLAINTIFFS' DISCOVERY 1. On September 19, 2002, Plaintiffs filed a Complaint against the Defendant alleging that Plaintiff Judith Sweikert sustained personal injuries in a rearend motor vehicle accident caused by the Defendant. 2. On October 7, 2002, Plaintiff served upon counsel for the Defendant Plaintiffs' Interrogatories-Set I and Plaintiffs' Request for Production of Documents-Set 1. The cover pages of said discovery requests are attached hereto labeled Exhibit A and B respectively. 3. In a letter dated November 17, 2002, attached as Exhibit C, Plaintiffs' counsel corresponded with defense counsel and requested responses to the outstanding discovery. Moreover, Plaintiffs' counsel's letter indicated that a Motion to Compel would be filed within two weeks of the date of the letter unless I heard from defense counsel. 4. Receiving no response from defense counsel, Plaintiffs' counsel is filing this Petition for a Rule to Show Cause Why. 253929.1~DLLWIMM 5. Given defense counsel's failure to respond in any fashion, Plaintiffs respectfully request that defense counsel be ordered to pay attomey's fees. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff Date: 11/27/02 253929. I'ff)LLXMMM Exhibit A JUDITH A.'SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, V. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTIGN - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' INTERROGATORIES PROPOUNDED UPOiN DEFENDANT- SET NO. 1 Date: ~VNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 251197.1\DLL~ITG Exhibit B JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, V. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT - SET NO. I Date: ANGINO & ROVNER, P.C. I.D. NO. 35!956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney fox' Plaintiffs 251197. I~DLLLMTG Exhibit C ANGINO & ROVNER, P.C. 45,03 NORTH FRONT STREET HARRISBtrRG, PA 1711&1708 717/238-6791 FAX 717/238-5610 WWW.ANGINO-ROVNER. COM E-MAIL: DLUTZ@ANGINO-ROVNER. COM RICHARD C. ANG1NO NEll. J. ROVNER Jos~?u M. IVlZuutO T~RR¥ S. HYMAN DAVID L LLrrz MICI-'IAEL E. KOSlK R~CI-~RD A. SAD~OC'K JOSL~PH IV[. JA~mS DL~rn Jo~/L ~ L~sa l~t. November 12, 2002, Stephen Magley, Esquire 5280 Steubenville Pike Pittsburgh, PA 15205 Re: Sweikert v. George Dear Mr. Magley: Our records indicate that the Defendant's Answers to the Plaintiffs' Interrogatories and Request for Production of Documents are overdue. Please advise if you plan to serve me with the Defendant's responses in the near future. However, in order to move the case, I have marked my calendar to file a Motion to Compel in two weeks from the date of this letter unless I hear from you. DLL:mtg Very truly yours, David L. Lutz 251749. I kDLLgdTG CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law finn of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of the PETITION FOR A RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT RESPOND TO THE PLAINTIFFS' DISCOVERY upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen Magley, Esquire 5280 Steubenville Pike Pittsburgh, PA 15205 Attorney for Defendant Dated: [] ~ '0 ~ Michelle M. Milojevich 253929. I'd)LLLMMM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, VS. JULIE L. GEORGE, Plaint iffs, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term NOTICE OF SERVICE OF DISCOVERY RESPONSES Filed on behalf of Defendant, JULIE iL. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D.. #59990 Kevin lt. O'Malley, Esq. Pa I.D. #65976 AnnaNfile L. Carone, Esq. Pa. I.D. #83178 O'MALLEY & MAGLEY, LLP 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 JURY TRIAL DEMANDED NOTICE OF SERVICE OF DEFENDANT'S DISCOVERY RESPONSES TO: PROTHONOTARY AND NOW, comes the Defendant, Julie L. George, by and through her attorneys, O'MALLEY AND MAGLEY, L.L.P., and certifies that Defendant's Answers to Interrogatories, Response to Request for Production of Docu~nents and Response to Request for Admissions were served upon counsel for Plaintiffs, David L. Lutz, Esq., at 4503 N. From Street, Harrisburg, PA 17110, by United States mail, postage pre-paid this ~ ~0 dayof ~)~C_,~ ¢4 {5 a R, , 2002. O'MALLEY AND MAGLEY, LLP By: Julie L. George IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, VS. JULIE L. GEORGE, Plaintiffs, CIVIL ACTION - LAW No. 02-4525 -Civil Term JURY TRIAL DEMANDED ANSWER AND NEW MATTER Defendant. YO~"~RE HEREBY NOTlf:I'ED ~'O FILE A WR, ITTEN RESPONSE TO THE ENCLOSED WITHIN ~ I ) DAYS FROM SE~tCE H~ Filed on behalf of Defendant, JULIE L. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D. #59990 Kevin R. O'Malley, Esq. Pa I.D. #65976 Annabelle L. Carone, Esq. Pa. I.D. #83178 O'MALLEY & MAGLEY, LLP 5280 Steubenville Pike Pittsburgh, PA 15205 (412)788-1200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, VS. JULIE L. GEORGE, Plaintiffs, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term ANSWER AND NEW MATTER AND NOW, comes the Defendant, Julie L. George, by and through her attorneys, O'Malley and Magley, L.L.P., and files the following Answer to Pla'mtiffs' Complaint: 1 The avem~ents of this paragraph are denied according to Pa. R.C.P. 1029 (e). (e). The averments of this paragraph are admitted. The averments of this paragraph are denied according to Pa. R.C.P. 1029 4. The averments of this paragraph are denied according to Pa. R.C.P. 1029 5. The averments of this paragraph are admitted. 6. The avemaents of this paragraph are admitted in part and denied in part. It is admitted that a collision occurred. The remaining averments are denied according to Pa. R.C.P. 1029 (e). 7. The averments of this paragraph are admitted in part and denied in part. It is admitted that this Defendant was driving a Honda CR-V on December 2, 2000. It is further admitted that a collision occurred. The remaining averments set forth in this paragraph are denied according to Pa. R.C.P. 1029 (e). 8. The averments of this paragraph are admitted in part and denied in part. It is admitted that the vehicle driven by this Defendant was involved in a collision. The remaining averments set forth in this paragraph are denied according to Pa. R.C.P. 1029 (e). 9. This Defendant is advised and therefore avers that the averments of this paragraph contain conclusions of law to which no response is required. If a response were required, said averments are denied according to Pa. R.C.P. 1029 (e). CLAIM I Judith A. Sweikert v. Julie L. George 10. This Defendant, Julie L. George, hereby incorporates each and every paragraph and averment of her Answer as if the same were set forth at length herein. 11. This Defendant is advised and therefore avers that the averments of this paragraph contain conclusions of law to which no response is required. If a response were required, said averments are denied according to Pa. R.C.P. 1029 (e). 12. This Defendant is advised and therefore avers that the averments of this paragraph contain conclusions of law to which no response is required. Ifa response were required, said averments are denied according to Pa. R.C.P. 1029 (e). 13. This Defendant is advised and therefore avers that the averments of this paragraph contain conclusions of law to which no response is required. If a response were required, said averments are denied according to Pa. R.C.P. 1029 (e). 14. This Defendant is advised and therefore avers that the averments of this paragraph contain conclusions of law to which no response is required. If a response were required, said averments are denied according to Pa. R.C.P. 1029 (e). 15. This Defendant is advised and therefore avers that the avem-tents of this paragraph contain conclusions of law to which no response is required. If a response were required, said averments are denied according to Pa. R.C.P. 1029 (e). 16. The averments of this paragraph are denied according to Pa. R.C.P. 1029 (e). WHEREFORE, this Defendant, Julie L. George, denies any and all liability to Plaintiff, Judith A. Sweikert, and demands judgment in her favor. A jury trial is demanded. CLAIM II Judith A. Sweikert and John R. Sweikert v. Julie L. George 17. This Defendant, Julie L. George, hereby incorporates each and every paragraph and avem~ent of her Answer as if the same were set forth at length herein. 18. The averments of this paragraph are denied according to Pa. R.C.P. 1029 (e). WHEREFORE, this Defendant, Julie L. George, denies any and all liability to Plaintiffs, Judith A. Sweikert and John R. Sweikert, and demands judgment in her favor. A jury trial is demanded. NEW MATTER 19. This Defendant, Julie L. George, hereby incorporates each and every paragraph and averment of her Answer as if the same were set forth at length herein. 20. If applicable based upon facts developed through discovery or at the time of trial, this Defendant hereby avers that the Causes of Action and injuries Plaintiffs claim, occurred more than two (2) years before this action was filed and are precluded by the provisions of 42 Pa. R.C.P. Section 5524, et seq., as amended and other applicable Statutes of Limitation. 21. This Defendant is advised and therefore avers that Plaintiffs selected or are bound by limited tort option of the applicable insurance policies and are precluded from maintaining any action according to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law set forth at 75 Pa. C.S.A. Section 1701, et seq., as amended and the applicable insurance policies. 22. This Defendant hereby sets forth the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law set forth at 75 Pa. C.S.A., Section 1701, et seq., as amended as an affirmative defense to any and all claims of the Plaintiffs in this action. WHEREFORE, this Defendant, Julie L. George, denies any and all liability to Plaintiffs and demands a judgment in her favor. A jury trial is demanded. y.R~~f~ v~_Respectfu y s bm'tt B Stephen~. IV~j~ey, EsqUirs~ /] Attorney fo~)efendant // // Julie L. George bt O'MALLEY and MAGLEY, L.L.P. 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 VERIFICATION I, JULIE L. GEORGE, have read the foregoing Answer and New Matter. The statements of fact contained therein are true and correct to the best of our personal knowledge, infor~cmtion and belief. This statement and verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities which provides that ifI make knowingly false averments, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of December, 2002 a tree and correct copy of the Within Answer and New Matter was served by First Class Mail, postage prepaid upon the following individuals: David L. Lutz, Esq. 4503 N. Front Street Harrisburg, PA 17110 O'MALLEY AND MAGLEY, LLP '"'~en~. M~~St Attorney for~efendant ~/ v Julie L. George IDE 2o02 JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaintiffs, Vo JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~ day of~.~l~__, 2002 a Rule is hereby entered upon the Defendant to show cause why full and complete answers to the Plaintiffs' outstanding discovery should not be served upon Plaintiffs' counsel and that Defendant pay counsel fees associated with filing this Petition. Rule returnable within ~ O days of service. BY THE COURT: 253929. I~DLD34MM JUDITH A. SWEIKERT AND JOHN R. SWEIKERT, Plaimiffs, Vo JULIE L. GEORGE, Defendant 20. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER Denied. The Plaintiffs' Complaint was filed anti served well within the applicable statute of limitations. 21. 22. Denied. Plaimiff had selected full tort coverage:. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply to this rear-end motor vehicle accident case. WHEREFORE, Plaintiffs respectfully request that the Defendant's New Matter be dismissed. ANG1NO' & ROVNER, P.C. David L.~I~u~ I.D. No. 35956 4503 N. Front Street Harrisbm'g, PA 17110 (717) 238-6791 Attorney for Plaintiffs 254408. I~)LLLMTG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of the PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen Magley, Esquire 5280 Steubenville Pike Pittsburgh, PA 15205 Attorney for Defendant 254408. IXDLLWITG JUDITH A. SWEIKERT · and JOHN R. SWEIKERT,' Plaintiffs · JULIE L. GEORGE, · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4525 CIVIL TERM IN RE: PETITION FOR A RULE TO SHOW CAUSE WHY THE DEFENDANT SHOULD NOT RESPOND TO THE PLAINTIFFS' DISCOVERY ORDER OF COURT AND NOW, this 19th day of December, 2002, upon consideration of the attached letter from Stephen J. Magley, Esq., attorney for Defendant, the Rule issued on December 5, 2002, is discharged and Plaintiffs' Petition for a Rule To Show Cause Why the Defendant Should Not Respond to the Plaintiffs' Discovery is deemed moot. BY THE COURT, David L. Lutz, Esq. 4503 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff Stephen J. Magley, Esq. 5280 Steubenville Pike Pittsburgh, PA 15202 Attorney for Defendant J Wesley O1~, Jr., Jo :rc 412 788 2008 12/16/2002 M0N 15:14 : Stephen J. Marley :..' · virginia.' ue~r" ., · ~' ' ~,,nn~elle.~. carone -, -, llolly'L sr~fle-D~is. Att#rne~ at Law 001/001 .: .-~om, s McHugb ': : ' ' '"' Ps~i~ Sh~o~ ~~ ~, 2002 ' '. ·" :'-,' j~: ". ..::: -- ~,~ '~~ ~ .~~ ~.. ,, -. .... .. ..,. ~-~', . . .... - ...... . ;' ~', .:. :,~. · , ...: . ': ..." :,-'-,S~~~:,...;" ,. ~ . -.'. :.'... ,.. ...:~:.j.' . :...'... -.:., ...:.-:;' ~'s~-'..-,S ~ ~-.' ~.~,,.-' ....:..: ;:. : :: :.:~~/~... ,.. , .~ .~.,.... ,....,: .....-., -.. ~ ~... , ...,.... ,.. d-:-;~Z;~-~,"-. ' "-":.{'."' "--' '.' '" ''¥''].'.'' .' '. ',". --'"';'~:.~," :., :::::...~.-.".-,A~a ~';.'.~=i '~.~,. · ?.'.-:. ~ ."' ..., · .... ~. .... ':: .....,~ ,:.'....:,..' · ..... .~o~.~'. "~.zdezr. :o,~j.~e~=' s ,. 20. q2,:."-~.sau~?:a: z-,;,ze...~-e~mai~.' a .' ~.a. ~:o ..... :. · .p~.O,ei"(4,~2) ?ss-i~o.'o'.-. :, ':': .e,~:'/mdmeltb .e~xom,...... ::'' 'r~- (112).'7SS""200~ .' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, VS. JULIE L. GEORGE, Plaintiffs, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term STIPULATION BETWEEN PARTIES Filed on behalf of Defendant, JULIE L. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D. #59990 Kevin R. O'Malley, Esq. Pa I.I3.. #65976 Annabelle L. Carone, Esq. Pa. I.D. #83178 O'MALLEY & MAGLEY, LLP 5280 Steubenville Pike Pittsburgh, PA 15205 (4121} 788-1200 JURY TRIAL DEMANDED STIPULATION BETWEEN PARTIES It is hereby stipulated that Defendant's have filed discovery responses on December 4, 2002 and therefore Plaintiff's Petition for Rule Returnable as to why discovery a~swers have not been filed is withdrawn. Further, it is stipulated that no counsel fees be paid by Defendant in association with the presentment of Plaintiff's petition. Stephen agley, / ndan David L. Lutz, Esq., Attorney for the Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this rI7~r} day of ~P'.{'dJ'/~ ¢}/_, 2003 a tree and correct copy of the within Stipulation Between Parties was served by First Class Mail, postage prepaid upoh the following individuals: David L. Lutz, Esq. 4503 N. Front Street Harrisburg, PA 17110 O'MALLEY AND MAGLEY, LLP Stephen Jl Magley, E~ire: ) A~omey for Defendma ~ Julie L. George PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court 0 for trial without a jury CAPTION OF CASE (entire caption must be stated in full) JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs JULIE L. GEORGE Defendant (checkone) () Assumpsit 0 Trespass (X) Trespass (Motor Vehicle) 0 Other The trial list will be: called on 10-7-03 and. Trials commence on 11-3-03. Pre-trials will beheld on 10-15-03 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 02-4525 Civil Term Indicate the attorney who will try case for the party who files this praecipe: David L. Lutz, Esquire, 4503 N. Front Street, Harrisburg, PA 17'.[ 10 Indicate trial counsel for other parties if known: Stephen Magley, Esquire, 5280 Steubenville Pike, Pittsburgh, PA 15205 This case is ready for trial. Date: 7-28-03 Signed: _1~ Print Name: David L. Lutz, Esquire Attorney fe,r Plaintiff(s) oRIGiNAL JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs VS. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02~4525 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held October 15, 2003, were David Lutz, Esquire, attorney for the plaintiffs, and Kevin O'Malley, Esquire, attorney for the defendant. This is a case in which the plaintiff alleges that her vehicle was struck in the rear by an SUV which had, in turn, been struck in the rear by a vehicle ope:rated by the defendant. Notwithstanding the circumstances, liability has not been admitted. The plaintiff's alleged damages involve pain and numbness experienced as a result of neck and back strain secondary to the motor vehicle collision. The exhibits listed in the defendant's pretrial memorandtu~ are not described with any specificity. Counsel for the defendant is directed to provide coansel For the plaintiff with a specific list of exhibits no later than the close of business on Friday, October 24, 2003. This otherwise uncomplicated case should take no more than two days to try. October 15, 2003 David Lutz, Esquire For the Plaintiffs Kevin O'Malley, Esquire For the Defendants Kevi~/I~ess, J. ' - Court Administrator V, hb'AI,~,SNN}d 130 £0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKI~RT, VS. JULIE L. GEORGt, Plaintiffs, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term NOTICE TO ATTEND Filed on behalf of Defendant. JULIE L. GEORGE Counsel of Record for this Party: Stephen J. Magley, Esquire Pa. I.D. #59990 Kevin R. O'Malley, Esq. Pa I.D. #65976 Annabelle L. Carone, Esq. Pa. I.D. #83178 O'MALLEY & MAGLEY, LLP 5280 Sleubenville Pike Pittsburgh, PA 15205 (412) 788-1200 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs, VS. JULIE L. GEORGE, Defendant. CIVIL ACTION - LAW No. 02-4525 -Civil Term TO: Judith John R David 4503 N Harrisl: NOTICE TO ATTEND ~. Sweikert and Sweikert ,. Lutz, Esquire . Front Street urg, PA 17110 (1) You are directed to come to Courtroom Number 4, at Cumberland County CourthOuse in Carlisle, Pennsylvania, on Monday, November 3, 2003, at 9:30 a.m., to tektify on behalf of Defendant, Julie L. George, in the above case, and to ren~ain until excused. If you fail to attend you may be subject to the sanctions authorized by Rule oftt~e Pennsylvania Rules of Civil Procedure. 234.5 Date: [[')?f~O{O~ KE~ iN~R~}) ~ · . Y, ESQUIRE Attorney tbr Defendant 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 JUDITH A. SWEIKERT and JOHN R. SWEIKERT, Plaintiffs VS. JULIE L. GEORGE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4525 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED VERDICT 1. Was the defendant, Julie L. George, negligent? Yes / No If your answer to this question is "yes," go on to question 2. If your answer is "no," then you should return to the courtroom. 2. Was the defendant's negligence a factual cause in bringing about harm to the plaintiff?. Yes No If your answer to this question is "yes," go on to questions 3 and 4. If your answer is "no," you should return to the courtroom. 3. State the amount of damages to be awarded to plaintiff, Judith Sweikert. $ 4. State the amount of damages, if any, to be awarded to plaintiff, John Sweikert. $ Foreperson CASE NO.: ~) DOCKET NO.: t/jo`D- zz/~-2_~' DATE: Juror # Name 1G7 L.ressler, Donald lztigene 109 Bender, Paula M 79 Varr, t~eggv A 61 Stansburv, Alan L 80 Miller, Dana L 85 Magers, Douglas L 106 Scott, Marian S COURTROOM NO.: Random No. ~ 9> -- ~Otis D _.,.~ I 117 9& ,~,~:;- n t 3 108 Rebuck, Patricia A 14 92 Braithwaite, Thomas D 15 89 Blair, Karen K 16 ., 91 { ? 58 Ensminger, Fred I ~ 77 Hermany, Ronald A 19 86 Steinberger, Betsy [ 20 68 Waechter, Linda C 21 87 Ott, Robert C 22 64 Miller. Todd M .., ',23 99 Eisenberger, Darvll E 24 63 Reitzel, Merritt C 25 71 Liske¥, Larry L Jr 26 72 Ferenz, Paul A 27 76 Clements, John G 2 ~ 93 Adams, Leslie A 29 102 Mickev, David W ~0 66 Lamina, Benjamin Michael 31 82 Walter, Lynn M 32 65 Leighton, Joseph T 33 100 Cole, Leonard C 34 104 Crowlev, Mary L 35 90 Baumgardner, William J 3 ti 60 Gorham, Sandra Lee Monday, November 03, 2003 -2014150352 -2010550253 -1819199325 -1649970300 -1557567832 -1545629388 -1490963947 -1476311845 -1387518819 -1249411686 -1163046689 -900162997 -840937321 -606741376 -580118866 -457665895 -351939990 -205439451 21024382 118303362 18916439~ 263832920 401020242 459898919 560894172 563420845 731239564 959613766 1024756625 1115814793 1134756816 1223999609 1232648932 1756545665 1771044463 Pagel of 2 ~ 7 103 Puhala, Rowene M 1786994511 3 g 83 Marcello, Kathleen A 1846955286 39 59 Rundle, Margaret E 1902590694 40 62 Rhoads, Russell L 1966597685 Monday, November 03, 2003 Page 2 of 2