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Home My WebLink About96-01540 )- "; 1 ~ ~ I I I 1 l ! i I I ! I , , I I , , , ~ I I ~} \ r" ~'" ..... " ~ ) /' -0 ~) ~i I;)- , -.3 : " i I I r i ( , i i , I i ! I j I ~ j 1 I '-J . Commonwealth of Pennsylvania County of Cumberland Bridget J. Myers William Leroy Stine, Jr. 119 W. Green St, Mechanicsburg PA 17055 v Court of (;onunoll PI... Mark A. Hummert and Pam B. Mummert h/w 9627 Carlisle Rd. dillsburg PA 17019 No. -----------------.-------..----------- 96-1540 Civil Term I!J____ Civil Action - Law In ..__ _.. ______ ____ ...._...._____.............._...__.........._.......... Mark A, and Pam B. Mummert h/w To _n__ __n_ __ _ _ ----_n___u_nn____ _ _________ You are hereby natifu:cl that Bridget J, Myers and William Leroy Stine, Jr. -------...---...----------------------------------------------------------------------------.....------.. Summons - Civil Action - Law the PlainrilJl ha VE\:ommenced an action in --------.n------n_______n__________________n_________ againat you wbich you are required to defend or a default judgment may be entered agaiml you. (SEAL) March 20, 96 I)ale -------_______________________ I!J____ Lawrence E, Welker ~::.::s~::;;c~=~:;;~:: BRIDGET J. MYERS and WILLIAM LEROY STINE, JR" Plaintiffs IN THE COURT or COMMON PLEAS CUMBEllLAND COUNTY, PENNSYLVANIA . . . , VS. NO. 96-1540 MARK A. MUMMERT and PAM B. MUMMERT, husban4 and wife, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ~y o. ~..a.a.c. i I , I '. , TO THE PROTHONOTARY or CUMBERLAND COUNTY: Kin4ly enter my appearance on behalf of Defendants Mark A. Mummert and Pam B. Mummert, husband and wife, in the above case. METZGER, WICKERSHAM, KNAUSS , ERS By~Q~~~ Karl R. HiIdabrand, Esquire I. D, #30102 Attorneys for Defendants 3211 North Front street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) :i!Ja-ala7 Date: August 6 r 1996 , .* BRIDGET J, MYERS alld . IN THE COURT OF COMMON PLEAS , WILLIAM LEROY STINE, JR., CUMBERLAHDCOUNTY, PENNSYLVANIA Plaintifts : I v, . NO. 96-l540 . . , MARX A. MUMMERT and PAM B. , , MUMMERT, husband and wite, . CIVIL ACTION - LAW , Detendants . JURY TRIAL DEMANDED , RULE TO FILE A COMPLAINT TO: Bridqet J, Myers and William Leroy Stine, Jr., Plaintitts clo RiChard B. Bateman, Jr" Esquire Mychak, Geckle , Welker, P.C. 230 South Broad Street 11th Floor Philadelphia, PA 19102-4190 You are hereby directed to tile a complaint in the above entitled matter within twenty (20) days ot service or non pros will be entered against you. Dated: fbJ 7. /H' , . 8RIDGI'1' J. MYERS and WILLIAM LEROY STINE, JR., Plaintitt. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-1540 MARIe: A. MUMMERT and PAM 8. MUMMERT, husband and wite, Defendant. CIVIL ACTION - LAW JURY TRIAL DEM~DED ..a-eI.. ~. an. .,0 .11,. ~mnLAIIf'l' TO THE PROTHONOTARY or CUMBERLAND COUNTYI Kindly enter a Rule upon Plaintiffs Bridget J. Myers and Willi.m Leroy stine, Jr., pursuant to Pa.R.c.p. 1037 to file a Complaint within twenty (20) days atter service of the Rule or sutter the Entry ot a JUdgment of Non Pros, METZGER, WICKERSHAM, KNAUSS , ERa ../~ Q_?/(2c" ~~ p td\:"'HhJb~~~d, Esqulre . . I,D. 130102 Attorneys for Defendants 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17l10-0300 (717) 238-8187 Date: August Cc. r 1996 - ~ '.' 1;'" ~~ ..,..,./ - l'/~___,'~L ..---':~ ;; /of- .l , - 4-J en,. q"1L.... C. r/uiG...._ I uM-' I I '1 I I i J I i , 1 i I I I , I i I 1 I I ! tlJUYf .1I~V )'ON SERVICIil, 1., ThgHCQurt ci C=mmo~ 'Bridget J. Myers et al 'IS. Pam B. Mummert :-;'ow. March 22 ll:=y 1i."?UC:::: .::.: 5'=:1 al us, . C' , t.o, CT ""."-':':"l-n"" ...._H''! -..I. .._...... -, l-. .......,..,.. I ?annsyl'lcni:: ::-l'o.96-1540 _ Civil :iI_ :9...2.2,. !, S~~~ 0: C~G::::=..!.A.'fD COt.ii':Y. iI.-\.. ea York c,u::.rr ::) ==.::.= .:.... ',V:::, = :"''i'u=,= =:!:1t _.,..l. u ~ ~ ::ci ~.sk ~l ::: ?!~=. " 0, r .n '.. 'j -- ..... (1 r., L~ .-'.. I ,-- In i...~ ....... t.. ... ~-::. ~ :-;'ow, April 4. ==~:!:i:s Surrmons r~-~~~ SlIe.~ ot C::::!lar'..u:d C~Il:ln'. :'3. ASda'Vit or Sem= ~9 qfi 9:10 _ o'-:!cc:: A. ~L 1::".-= -. . .- Pamala B. Mummert & Mark A. MUmmPrt ~a :lot 9627 Carlisle'Road, Dillsburq, PA ;y ::u:~ :0 Pamala B. Mummert who siqned for herself and as wife of Mark A. Munlrert . two true and attested copies me! -.':. lc:owa :0 her SWIll: :me;! s:1Csc-:cd c.::cr.: =: :.::s lRth ay al Ar;>ri t 1- '-a XlC9'/X at == o~~~ Qf\'7 ~~r'iqlp Q~n. Dillsburg, PA ,.. . ., =: ..::::=:s :=--::t. So :L::.Md. I '1'/ . '(.,-- .'/c~.pJ-#7 L..-t!.!-- ~'I.- v. SlIc:5 ai York c.:.....cr. ":10. l~~ cosn ::.....,('\iIC:::: ~crU:.AGZ A.::IDA -., '"'i7 12.40 2.00 S 18.00 5 32.40, APltlLn~a 6 .., ... c. 't .., . =..... ~ . _'0- ....,... -t .... ._.." r __5...1 :oJ.. ._,::':0 ._n.... l."...I.:... '!, ?S:'1r:syl'lcni :: Myers et a1 "-5, Mark A. Mummert ::-fe. 96 - I 540 Civil :~- :'taw, March 22 :9.J~ !., S~~:;' 0: C~I:3~...!..A.'rn CO~t ?~ ~Q h:=y 1i.'?lC:::: l!:.: 5'.=".: oi York C~:y :3 =--== .:".C .tV:::, :!:::a d...::u=== ;~ _",ol. U ~ ~ :.:d ::~ oi :.::.: ?']:_:.:. g f.:~' . r~~~~~~:2::" .:;::. L'" M , SlIe.~ ot C::::!lu'=d C~Wln', :'2. L' ( t.:..;.. , If') '..... ... _'!:! - "=d .t.C:; . ~ an or _=::-n= " ...... ...- ~, :-low, .Q .- o..:!c:c .. - -. '..r. 1:-.-:::1 == ~!':';ft ~a ~I . . .. :t'f ....,.,......1 :0 10 cpr ei ::s :J~-t-"" I 21Id == Cawa :D ~ .:::::::s . . ==:=c. So~ ~ai c-..r.l':Io SWIlC :md 1:1Csc-.:c..:i c.::cr.: ccsn ::~'<.v'!C:::: ~crI.:::.'.G ;:: A.::IDA -., '"'i7 s =::.:.:s_=!3yoi !9_ 5 r_-__ ,.. . MYCHAK GECKLE, WELKER & THIROWAY, By: Richard B. Bateman, Jr. Identification No.: 61131 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 BRIDGET J. MYERS and WILLIAM LEROY STINE, JR. Plaintiffs, VS. MARK A. MUMMERT and PAM B, MUMMERT h/w Defendants p.e. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1540 JURY TRIAL DEMANDED CIVIL ACTION - COMPLAINT NOT I CE II 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 120) days after this complaint and notice are served, by entering a written appearance personally or by objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without yeu and a judgment may be entered against yo'. by the Court without further. not lee 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, I F 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," CtHlERIJ\ND OJ. LAWYER REFE:REN:E 0JUR1' A/:IolINISTRATOR - 3rd FIroR CUMBERLAND COlM'Y CXlURlWUsE CARLISLE, PA 17013 (717) 249-1133 AVISO "Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes. usted tiene veinte (20) dias de plaza al aartir de la fecha de la demanda y la notificadon. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a 1a corte en forma escrita sus defensas 0 sus objeciones d las demandaa en contra de su persona. Sea avisado que 8i Hsted no se defiende, 1a corte tomara medidas y puede continuar 1a demanda en contra suya sin previa aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda, Usted puede perder clinero 0 sus propideades U otros derechoo importantes para usted. .. LLEVE ESTA DE~IANDA A UN ABOGADO INNEDIATANENTE, SI NO TI ENTE ABOGADO 0 S I NO T lENE EL DWEPO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A L.\ OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA AEAJO PARA AVERIGUAR DONDE SE PUEDE COtlSEGUIR ASISTENCIA LEGAL." sERVIOJ DeREFEREN:IA LffiI\L CLMlERLAND OJ. lAWYER REFERnlCE CLMlERLAND COUNTY COURl'OOUsE CARLISLE, PA 17013 (717) 249-1133 MYCHAX GZCKLZ, WILKER. THIROWAY, By: Richa~d B. Bateman, J.. Identification No.: 61131 230 South B.oad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 P.C. Attorney for Plaintiffs BRIDGET J. MYERS and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , WILLIAM LEROY STINE, JR. Plaintiffs, NO. 96-1540 vs. JURY TRIAL DEMANDED MARK A. MUMMERT and PAM B. MUMMERT h/w Defendants CIVIL ACTION . COMPLAINT 1. The Plaintiff, BRIDGET J. MYERS is an adult individual residing at 119 West Green Street, in the City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 2. At all times material hereto, Plaintiff BRIDGE J. MYERS was a passenger in a 1987 Ford Escort, with Pennsylvania registration Number ALS-3446, owned by Plaintiff, WILLIAM LEROY STINE, JR. 3. The Plaintiff, WILLIAM LEROY STINE, JR., is an adult individual residing at 119 West Green Street, in the City of Mechanicsburg, COlinty of Cumberland, Commonwealth of Pennsylvania 17055. 4. At all times material hereto, Plaintiff WILLIAM LEROY STINE, JR. was the owner operation of a 1987 Ford Escort, with Pennsylvania registration Number ALS-3446. 5. The Defendants, MARK A. MUMMERT and PAM B. MUMMERT, h/w are adult individuals residing at 9627 Carlisle Road, City of !I Dillsbul'g, County of Cumberland, Commonwealth of Pennsylvania 17019. 6. At all times material hereto, Defendant MARK A MUMMERT was the owner operator of a 1990 Toyota truck with Pennsylvania Registration Number YVO-2893. 7. At all times material hereto, Defendant PAM B. MUMMERT was the operator of an unidentified motor vehicle directly in front of Plaintiff WILLIAM LEROY STEIN'S motor vehicle on March 29, 1994 at approximately 6:45 p.m. travelling north on Route 74/ in the City of Carlisle, County ~f Cumberland, Commonwealth of Pennsylvania. COUNT r BRIDGET J. MYERS Y.L. MARK A. MUMMERT and PAM B. MUMMERT h/w 8. Plaintiff, BRIDGET J. MYERS incorporates by reference paragraphs 1 through 8 inclUSive as though the same were set forth at length herein. 9. On or about March 29, 1994, Plaintiff, BRIDGET J. MYERS, was a passenger in the motor vehicle owned and operated by Plaintiff, WILLIAM LEROX STINE, JR., a 1987 Ford Escort, with Pennsylvania 1 registration Number ALs-3446, was lawfully travelling north ~n Route 74, in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. 10. At the aforesaid time and place, Defendant MARK A. MUMMERT was negligently, operating of a motor vehicle owned by him, with Pennsylvania Registration Number YVO-2893 which suddenly and without warning violently struck the rear portion : of the motor vehicle owr.ed and operated by Plaintiff WILLIAM LEROY STINE, JR., which resulted in severe and serious personal inj uries to pla int if fs BRIDGET J. MYERS and WI LLIAM LEROY STINE, JR. 11. At the aforesaid time and place, Defendant PAM B. MUMMERT was negligently operating a motor vehicle at an extremely slow rate of speed directly in front of plaintiff "WILLIAM LEROY STINE, JR, which caused a chain reaction of events, when suddenly and without warning Defendant MARK A. MUMMERT violently struck the rear portion of the motor vehicle i owned and operated by Plaintiff WILLIAM LEROY STINE, JR., which resulted in severe and serious personal injuries to Plaintiffs BRIDGET J, MYERS and WILLIAM LEROY STINE, JR, 12. The vehicle owned and operated by Defendant, MARK A. MUMMERT, carele~sly and negligently violently struck the rear portion of Plaintiff's vehicle after Defendant MARK A. MUMMERT carelessly and negligently failed to keep a safe distance within an assured clear distance from Plaintiff's vehicle and caused severe injuries to Plaintiffs set forth more fully below. 13. As a result df the above-mentioned motor vehicle accident, Plaintiffs BRIDGET J. MYERS and WILLIAM LEROY STINE, JR., sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure themselves of those inj uries. 14, The aforesaid occurrence and Plaintiff, BRIDGET J. MYERS were caused negligence, carelessness the injuries to sole 1 y by the recklessness of all Defendants and herein in: Ii a) failure to properly operate and control his vehicle, b) failure to yield right of way to traffic; c) failure to keep a proper lookout; d) fatlure to travel at a safe speed under the circumstances; e) failure to give proper and sufficient warning of approach to other vehicles; f) failure to operate a vehicle with due regard for the rights, safety and well being for others; gl failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; hI failure to maintain a safe distance from Plaintiffs' vehicle; i) failure to warn and protect Plaintiffs from dangerous conditions which have caused serious personal injuries; j) leaving the scene of the accident; kl violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a motor vehicle upon public highway; 15. Solely as a result of the negligence of the aforesaid Defendant, Plaintiff BRIDGET J. MYERS was caused to be violently thrown within the confines of the motor vehicle resulting in serious and painful personal injuries. including, bue not limited to neck strain and sprain. cervical spine strain and pain. 16. As BRIDGET J. a further resul t of this accident. Plaint iff MYERS incurred it severe shock to het" net'ves and nervous system. great physical pain and mental anguish and was prevented from attending to their usual duties. activities and avocations. in excess of (60) days all of which may continue to an indefinite time in the near future, 17. As a direct and proximate result of the negligence as aforementioned. Plaintiff BRIDGET J. MYERS has or may suffer a severe loss of earnings, and impairment of her earning capacity or power. which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. 18. As a direct and proximate result of the collision and Defendants' negligent, careless and reckless conduct. Plaintiffs' automobile was severely damaged to Plaintiff's detriment and financial loss. 19. All Defendants are jointly and severally liable for Plaintiff's injuries described herein. inasmuch as Plaintiff's injuries are the direct and proximate result of his negligence, it carelessness and recklessness as set forth above. WHEREFORE, Plaintiff BRIDGET J. MYERS demands damages of each Defendant herein. for a sum in excess of Twenty Thousand ($20,000.00) Dollars for each Plaintiff. plus costs. delay damages and interest. COUNT II WILLIAM LEROY STEIN. JR. YL. MARK A. MUMMERT and PAM B. MUMMERT h/w 20. Plaintiff, BRIDGET J. MYERS incorporates by reference paragraphs 1 through 8 inclusive as though the same were set forth at length herein. 21. On or about March 29, 1994, Plaintiff, BRIDGET J. MYERS, was a passenger in the motor vehicle owned and operated by Plaintiff, WILLIAM LEROY STINE, JR., a 1987 Ford Escort, with i ; Pennsylvania registration Number ALS-3446, was lawfully travelling north on Route 74, in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania. 22. At the aforesaid time and place, Defendant MARK A. MUMf1ERT was negligently, operating of a motor vehicle owned by him with Pennsylvania Registration Number YVO-2893 which suddenly and without warning violently struck the rear portion of the motor vehicle owned and operated by Plaintiff WILLIAM LEROY STINE, JR., which resulted in severe and serious personal injuries to Plaintiffs BRIDGET J. MYERS and WILLIAM LEROY STINE, JR. 23. At the aforesaid time and place, Defendant PAM B. MUMMERT was negligently operating a mutor vehicle at an . extremely slow rate of speed directly in front of Plaintiff : WILLIAM LEROY STINE, JR, which caused a chain reaction of events 'when suddenly and without warning Defendant MARK A. MUMMERT violently struck the rear portion of the motor vehicle owned and operated by Plaintiff WILLIAM LEROY STINE, JR., which resulted 'I i I I I I in severe and serious personal injuries to Plaintiffs BRIDGET J. ! i MYERS and WILLIAM LEROY STINE, JR. I , i il 24. The v<;)hicle owned and operated by Defendant MARK A. 'I I'MUMMERT cal"elessly and negligently violently struck the rear I portion of Plaintiff's vehicle after Defendant MARK A. MUMMERT carelessly and negligently failed to keep a safe distance within an assured clear distance from Plaintiff's vehicle and caused severe injuries to Plaintiffs set forth more fully below. 25. As a result of the above-mentioned motor vehicle I t accident, Plaintiffs BRIDGET J. MYERS and WILLIAM LEROY STINE, JR., sustained various personal injuries and incurred various medical expenses in and about endeavoring to cure themselves of those injuries. 26. The aforesaid occurrence and the injuries to Plaintiff, WILLIAM LEROY STINE, JR. were caused solely by the negligence, carelessness and recklessness of all Defendants herein in: a) failure to properly operate and control his vehicle; b) failure to yield right of way to traffic; c) failure to keep a proper lookout; d) failure to travel at a safe speed under the circumstances; e) failure to give proper and sufficient warning of approach to other vehicles; f) failure to operate a vehicle with due regard for the rights, safety and well being for others; g) failure to operate said vehicle in such a manner so as to be able to stop within the assured clear distance ahead; h) failure to maintain a safe distance from Plaintiffs' vehicle; i) failure to warn and protect Plaintiffs from dangerous conditions which have caused serious personal injuries; j) leaving the scene of the accident; k) violating the various rules of the road, ordinances of the Commonwealth of Pennsylvania and/or with regard to the operation of a motor vehicle upon public highway; 27. Solely as a result of the negligence of the aforesaid Defendants, Plaintiff WILLIAM LEROY STINE was caused to be violently thrown within the confines of his motor vehicle resulting in serious and painful personal injuries, including, but not limited to n~ck strain and pain, back strain and pain, limitation of motion of the cervical spine, cervical spine strain and pain. 28. As a further result of this accident, Plaintiff I WILLIAM LEROY STINE, JR. incurred a severe shock to his nerves I I and nervous system, great physical pain and mental anguish and I I was prevented from attending to his usual duties, activities and I I avocations, in excess of (50) days all of which may continue to I an indefinite time in the near future. 29. As a direct and proximate result of the negiigence as aforementioned, Plaintiff WILLIAM LEROY STINE, JR. has or may suffer a severe loss of earnings, and impairment of his earning capacity or power, which such loss of income and/or impairment of earning capacity or power may continue for an indefinite period into the future. i i I 30. As a direct and proximate result of the collision and I Defendants' negligent, careless and reckless conduct, Plaintiff I WILLIAM LEROY STINE, JR.' S I Pennsylvania License Number ALS-3446 was severely damaged to I I Plaintiff WILLIAM LEROY STINE, r loss. I I I Plaintiffs injuries described herein, I I injuries are the direct and proximate result of his negligence, i II carelessness and recklessness as set forth above. I WHEREFORE. Plaintiff WILLIAM LEROY STINE, JR. demands I damages of each Defendant herein, for a sum in excess of Twenty II Thousand ($20,000.00) Dollars for each Plaintiff, plus costs, I, , I delay damages and ~nterest. I I I I I , i ! ! automobile a 1987 Ford Escort, JR.'s detriment and financial 31. All Defendants are jointly and severally liable for inasmuch as Plaintiffs MYCHAK GECKLE WELKER & THIROWAY, P.C. --...... - .~.__.- By' / Richard B. Bateman, J Attorney for Plainti fs VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND COUNT Richard B. Bateman, Jr., Esquire, being duly sworn according to law, deposes and says that he is the attorney for , I Plaintiff in the within matter and the facts set forth in the , i foregoing Civil Action Complaint are true and correct to the I best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsifications to authorities. ~~~~~ ~H D 8.'8.'V1' . JR. MYCHAK GECKLE, WELKER << THIROWAY, By: Richard B. Bateman, Jr. Identification No.: 61131 230 South Broad Street Eleventh Floor Philadelphia, PA 19102 (215) 735-3326 P.C. Attorney for Plaintiffs BRIDGET J. MYERS and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM LEROY STINE, JR. Plaintiffs, CIVIL ACTION - LAW NO. 96-1540 vs. JURY TRIAL DEMANDED MARK A. MUMMERT and PAM B. MUMMERT h/w Defendants CERTIFICATE OF SERVICE I, RICHARD B. BATEMAN, JR., ESQUIRE, of MYCHAK, GECKLE & WELKER, P.C., attorney for Plaintiff, duly certify that on this date, I served the within COMPLAINT IN CIVIL ACTION upon the person and in the manner indicated below, which service satisfies the requirements of the Rules of Civil Procedure, a true and correct copy of the same in the United States mail, postage prepaid at Philadelphia, Pennsylvania and addressed to: Karl R. Hildabrand METZGER WICKERSHAM KNAUSS & ERB 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 MYCHAK GECKLE WELKER << THIROWAY, P.C. --~-- . --- r4~/' By: ~--.:c' __7' .-:J ~(- .- ~~chard B. Bateman, Jr. DATED: February 21, 1997 7. Denied as stated. It i. admitted that on March 29, 1994 at or about 6145 p.m. P1aintitt stine'e motor vehicle was tollowing a vehicle operated by Detendant Pam B. Mummert northbound on Rt. 74 in Cumberland County, Pennsylvania. However, it is turther averred that Plaintitt stine, in a reck Ie.. and unsate manner, and in violation ot the Pennsylvania Motor Vehicle Code, pa..ed the vehicle operated by Pam B. Mummert, cut her ott, torcing her ott ot the roadway, and continued to drive in an erratic, negligent, reekle.. and un.ate manner thereatter. 8. The averments ot paragraphs 1-8 hereot are incorporated herein by reterence. 9. Admitted in part and denied in part. It is admitted that on or about March 29, 1994, Plaintitt stine was operating a Ford Escort north on Rt. 74 in CUmberland County, Pennsylvania. It i. specitically denied that he was operating the vehicle in a lawful aanner. The response to para~raph 7 above is incorporated herein by reterence. Defendants are without knowledge or information sufficient to form a beliet as to the truth ot the remaining aver3ents set forth in paragraph 9. However, Defendants are aware that there was a female passenger in the Stine vehicle who became verbally abusive towards Defendants at the point ot the alleged accident. 10. Denied. The averments ot paragraph 10 are specitically denied and proot thereof is demanded at trial. -2- 11. Denied. The .verments of paragraph 11 are epecifically denied and proof thereof is demanded at trial. 12. Denied. The averments of paragraph 12 are specifically deniRd and proof thereof is demanded at trial. 13. Denied. The averments of paragraph 13 are specifically ,denied and proof thereof is demanded at trial. 14 . Denied. The averments of paragraph 14 and sub-paragraphs (a)-(k) are specifically denied and proof thereof is demanded at trial. 15. Denied. The averments of paragraph 15 are specifically denied and proof thereof is demanded at trial. 16. Denied. The averments of paragraph 16 are specifically denied and proof thereof is demanded at trial. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereat is demanded at trial. 18. Denied. The averments of paragraph 18 are specifically denied and proof thereof is demanded at trial. 19. Deniecl. The averments of paragraph 19 state a conclusion of law to which no answer is required. To an extent that an answer i. deemed necessary, the averments are specif ically denied and proof thereof is demanded at trial. 20. The averments of paragraphs 1-19 hereot are incorporated herein by reference. 21. Paragraph 21 is r8.peti tious of paragraph 9. The response to paragraph 9 above is incorporated herein by reference. -)- 22. Paragraph 22 is repetitious of paragraph 10. The re.pon.e to paragraph 10 above is incorporated herein by reference. 23. Paragraph 23 is repetitious of paragraph 11. The response to paragraph 11 above is incorporated herein by reference. 24. Paragraph 24 is repetitious of paragraph 12. The response to paragraph 12 above is incorporated herein by reference. 25. Paragraph 25 is repetitious of paragraph 13. The response to paragraph 13 above is incorporated herein by reference. 26. Denied. The averments of paragraph 26 and sUb-paragraphs (a)-(k) are specifically denied and proof thereof is demanded at trial. 27. Denied. The averments of paragraph 27 are specifically denied and proof thereof is demanded at trial. 28. Denied. The averments of paragraph 28 are specifically denied and proof thereof is demanded at trial. 29. Denied. The averments of paragraph 29 are specifically denied and proof thereof is demanded at trial. 30. Denied. The averments of paragraph 30 are specifically denied and proof thereof is demanded at trial. 31. Denied. Paragraph 31 states a conclusion of law to which no answer is required. To the extent that an answer is deemed necessary, the averments of paragraph 31 are specifically denied and proof thereof is demanded at trial. -4- .D MAMB. 32. Plaintitts' claim is barred, in whole or in part, by the provisions ot the Pennsylvania Comparative Ne9ligence Law. 33. The ne911gence ot Plaintitt William Leroy stine, Jr. consisted ot the tollowin9: (a) He operated his vehicle in a ne91igent, reckle.s, and unsate manner in that he passed vehicles operated by Detendants unsately and in violation ot the Pennsylvania Motor Vehicle Code and then drove his vehicle in an erratic and unsate manner tryin9 to stop sUddenly in tront ot Detendant Mark A. Mummert to cause a collision; (b) he operated his vehicle at an unsate and unreasonable speed; (c) he tailed to operate his vehicle in a sate and reasonable manner given the road, weather and highway conditions; and Cd) either negligently, recklessly or intentionally, he ran Detendant Pam B. Mummert oft the roadway, passed Defendant Mark A. Mummert in an unsate and unlawful manner, and then either ne9ligently, recklessly or intentionally attempted to insi9ht Detendant Mummert by driving erratically, suddenly stopping, and otherwise making vehicle movements designed to impede the normal -5- flow of traffic and to facilitate collision between the rear of his vehicle and the front of the vehicle behind him. 34. Plaintiffs' claims are barred, in whols or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 35. Plaintiffs' claims are barred , in whole or in part, by the selection of the limited tort option. 36. It is believed, and therefore averrod, that Plaintiff Bridget J. Myers and William Leroy Stine, Jr. were involved in a joint venture, or, in the alternative that William Leroy stine, Jr. was the agent, servant or employee of Bridget J. Myers acting within the course and scope of said agency at the time of the conduct and alleged accident described above. 37. It is specifically denied that there was any contact between the Plaintiffs' vehicle and the Defendants' vehicle. 38. It is specifically denied that Plaintiffs sustained any injuries in the accident. 39. It is believed, and therefore averred, that plaintiffs may have suffered from physical ailments or conditions prior to the accident in question for which Plaintiffs are attempting to make claim herein. 40. Plaintiffs have failed to mitigate their damages. -6- 41. Although Plaintitts' injury claims are denied, in the alternative, Detendants herein assert the de tense ot assumption ot risk. ... 8ft.. PURSUAII'l' TO PA.a.c. P. 22521D) 42. The averments ot paragraphs 1-41 hereot are incorporated herein by reterence. Detendants herein join Detendant William Leroy Stine, Jr. on Count I ot Plaintiff.' Complaint and assert that William Leroy Stine, Jr. is alone liable to Plaintiff Bridget J. Myers, is liable over to Defendants, or is jointly or severally liable to Plaintiff Bridget J. Myers, with any liability on the part of Defendants being specifically denied. 43. Defendants herein join Bridget J. Myers as an additional defendant with respect to Count II of Plaintiffs' Complaint and assert that Bridget J. Myers is alone liable to Plaintiff William Leroy stine, Jr., is liable over to Detendants for the cause of action asserted in Plaintiffs' Complaint or is jointly or severally liable to Plaintiff William Leroy Stine, Jr. with any liability on the part of Defendants being specifically denied. METZGER, WICKERSHAM, KNAUSS , ERB, P.C. Dated: .5,,?a h? . , ~'G d~~e'''' ~ ... Karl R. Hildabrand, EsqUire I. D. #30102 Attorneys for Defendants 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ~ , -7- VERIFICATION I, Pam B. Mummert, hereby certity that the tacts set torth in the toreqoinq ADs.er au4 .e. Natter to 'laiutiff.' coaplaiut are true and correct to the best ot my knowledqe, intormation and beliet, and that talse statements herein are made subject to the penalties ot 18 Pa. C.B.A. 54904 relatinq to unsworn talsitication to authorities. I~yx.afa 13 tYlU.-nvrlLt..-L-t... Pam B. Mummert Date : 3., &- 47 -9-