The URL can be used to link to this page

Home My WebLink About96-02345 , . " i I \ ~ ~ ,;, 4~ , , " 'I , ,I /' " , , " I I 'I J J ',,' ," . , ti: cr. >- ~~ C.: ~; ~",.., ). ; , 1-'(' , t.... .- ,. J:'.--' 1)~: ...; f-" t:') _'J'. I CLL.!' '.,' I - I it] 1.1 C'-i .~: d... <.5 ,... t''': c., .:} u ...' '. ~ ~ ',," -..s ,...... ~ ~~~ C"'- ~ ~ ,'. >I . ,I", , '. - IN nlE COURT OF CO~~ON PLiAS OF CmlBERLAND COUNTY, rENNSYLVANIA Clyde D. nnd Monn Harrison Sims, h/w Pin Int if Is CIVIL 1996 NO. 2:14'i HI . I I I ! I " Charles E. Hallman Defcn,lnnt RULE 1312-1. The Petiti~n for AppointmGnt of ArbitratO~s sholl be subatont~al1y in the following form: P'ETIT!ON FOR ArpOINTIIENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Deborah M. Truscello , ESlju i rl,' ,counsel for the plaintiH/lIlaj~RI in the above 1. 2. action (or actions). respectfully repr~sents that: The above-captioned action (or actions) is (are) ~t issue. The claim of the plaintiff In the ac tion is S 25.000.00 nle counterclaim of the defendant in the action is None . - The following attorneys are Interested in the cose(s) as counsel ~r nre othGr- wiae disqualified to sit as arbitrators: WHEREiORE, your petitioner prays your Honorable Court to appoint three (3) erbitrators to whom the cose shall be submitted. ORDER OF CfJURT Re,pectfu~.!:lL.su~tyod, ,/'~~ ~ . /,':t'~t",A-71l. ///I,t,_<uil.~ vn"F,BORAH M. TRUSCELLO Attorney for Plaintl ffs Esq., and Esq. , AND NOW, in consideration ol the loreaoina petition, ,Esq., are appointed arbitrator. in the above-captioned action (or action.) as prayad for. 8y ~.;court. _~ (~ (dt:Le-J I:- . ~ , r.-- .I. u ~ ., ., , , " , t!;"I;.n.AG'\!Nl-i JJ'\'I~I:.' ,-".' '.,r""\'n'"' 'A,I , , ',.!, .\ "I V t 'IIJ'~ :;J r, Z liil'L6 , I;. ~i I I ,~ )..,bl/J.C\(J'.',jl;,. ...f .!, dO ~:]I~:!O-IJJb ,- t'l'nTI 1'1 ('NIT III' : ~ I 'n'.' r CI; , " r " " I " , , ',I " " Ill' r.; I II I" I I I . I , I', ~ , , ,'II r..,' " , " :1' 1,1 " . , 1. 1 I 'I,' " ~: , I , ,I "1 " r . ,I, , ,,' '1.\1,';1 , II ,hi , 1.1 :, ,'11, j 1 t I ili fIll r '" ),I'! I,ll I ", I ~. ,1, I I' ! . , ' ' 1",1, I ~ i ,II ,J " '.1, ,I " '1'1 , , , , !'.' I " " , I!' , ,\ 'I ., I ! ie r- "', .1.' "'f I 1,1" I' (:,'\ In'}o) I ~ / .) i / ',1 7 ~d ~. /j);t;';;~-4v "I 1 'I I' I' I' 'i' J', ...-..~.....,~ ._-_.~..._.....-- " !,j Ii """,' I II I" I' I. ' CLYDE D. SIMS and MONA HARRISON SIMS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pennsylvania ii} v. NO. 96-2345 CIVIL TERM "I CHARLES E. HALLMAN, Defendant NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above cnptioned case will sit for the purpose of their appointment at the Jury Assembly Room. Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, October 23, 1997 at 1:30 p.m. William A. Addams, Esquire Jnmes K. Jones, Esquire James D. Hughes, Esquire By: ~~hairman Board of Arbitrators, DATE: August 25, 1997 TO: Deborah M. Truscello, Esquire 113 Nort.h Olive Street Media, PA 19063 Girard E. Rickards, Esquire Wix, Wenger & Weidner 4705 Duke Str'eet Harrisburg, PA 17109 Court Administrator :" CLYDE O. and MONA HARRISON SIMS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2345 CIVIL TERM CIVIL ACTION. LAW I. , . , I' v. CHARLES E. and DOROTHY HALLMAN, Defendants ~ AND NOW, April 7, 1997, after careful consideration of the parties' briefs and arguments, Defendant Dorothy Hallman's Motion for Summary Judgment Is gr.nted. By the Court, J. Deborah M. Truscello, Esquire 830 West Springfield Road 1 Marple Place, Suite 6 Springfield, PA 19064 For the Plaintiffs +/8/11- .Jl,.f. /'., ._",,-~((.c _ '-or"'.L- . Richard H. Wlx, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109.3099 _, I " I I' I' ,'oj " ,1, h ", 1:,1; 1'.1 ') I <".'1 ) ,I " f I, I " I " , " " '," WlW,1N3NN;J,j 't'.'''',',''' ('......".I:'.p:'JflJ(1n ,';,1'" I" ,-.- . 6' :'l': :'1- ,j,l J Lb Al:i'il\.,,;, L.' ,'d.:JO :1''\111'O-():'',1.1 ......"..1. :J '. .-' .. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96.2345 CI\(IL TERM CIVIL ACTION. LAW CLYDE D. and MONA HARRISON SIMS, Plaintiffs CHARLES E. and DOROTHY HALLMAN, Defendants QettiIQH HOFFER, J.: This case arises from an automobile accident Involving the plaintiffs, Clyde D. and Mona Harrison Sims, and the defendants, Charles E. and Dorothy Hallman. The accident occurred In the parking lot at the Plainfield Rest Stop on the Pennsylvania Turnpike In Cumberland County, on August 23, 1995, at approximately 6:00 P.M. At the time of the Incident, Defendant Charles E. Hallman was driving a maroon, 1990 Cadillac DeVille, which was owned jointly by Mr. Hallman and his wife, Dorothy Hallman. (Complaint at 11 3.) The plaintiffs Initiated the present action by filing their Complaint on October 10, 1995, In the Court of Common Pleas of Delaware County, Pennsylvania. The defendants raised Preliminary Objections to the Plaintiffs' Complaint, Incl~dlng improper venue, and the case was transferred to Cumberland County. On May 22, 1996, the parties filed a Stipulation to Amend the Plalntlffl' I Complaint regarding certain allegations. On September 26, 1996, the defendants filed their Answer with New Matter. On or about October 29, 1996, Plaintiffs' Response to Defendants' New Matter was flied. Between October 1995, and August 1996, Interrogatories were served on all parties and responded to accordingly. The depositions of all parties were taken on September 25, 1996, and Defendant Dorothy Hallman subsequently filed this Motion for Summary Judgment. DISCUSSION The sole claim that the plaintiffs have made against Defendant Dorothy Hallman is one of negligent entrustment. Dorothy Hallman alleges In the Motion for Summary Judgment that this Court should find In her favor with regard to the claim of negligent entrustment because: (1) the vehicle Involved In the accident with the plaintiffs was being driven by Mrs. Hallman's husband, Defendant Charles E. Hallman, who jointly owned the vehicle with Mrs. Hallman and had an equal right to possess and drive it; and (2) the plaintiffs have failed to produce evidence to show that Defendant Charles E. Hallman was an Incompetent driver, prohlbltad by law from driving the vehicle, Intoxicated, or known by Mrs. Hallman to be a careless or reckless driver.' 'Plaintiff asserts that summary judgment as to this Issue Is Improper. because discovery Is not yet complete as far as retaining experts. searching driver's records and repair records of the defendants' vehicle. We note that plaintiffs failed to specifically assert In the complaint that Dorothy Hallman knew that Charles E. Hallman was an Incompetent driver, or that she knew that he 2 I 'I', , " I., Pennsylvania Rule of Civil Procedure 1035.2 provides that a motion for summary judgment as a matter of law Is properly granted: (1) whenever there Is no genuine issue of any material fact as to a necessary element of a cause of action or defense which could be established by additional discovery or expert report, or (2) if, after completion of discovery relevant to the motion, Including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which In a. jury trial would require the Issues to be submitted to a jury. In addition, "the record and any Inferences therefrom must be viewed In the light most favorable to the nonmoving party and any doubt must be resolved against the moving party." , 447 Pa. Super. 560, 563, 670 A.2d 165, 167 (1996). A court should grant summary judgment "only in the clearest of cases, where the right Is clear and free from doubt." I/'lomoson Coal Co. v. elke Coal...Q.Q.., 488 Pa. 198, 204, 412 A.2d 466, 468 (1979). Where property is held between a husband and wife as a tenancy by the entireties, "[e]ach spouse has tllle to the whole of the property and not to any share or divisible part thereof." Wemer v. Quality Servla..QU Co.. Iww 337 Pa. , , Super. 264, 486 A.2d 1009, 1012 (1984). Defendants Charles Hallman and Dorothy Hallman Jointly owned the vehicle Involved In the accident at the time that was prohibited by law from driving the vehicle, or that at the time of the accIdInt he was Intoxicated. 3 " I ,I t'r': 1""- ~ . I' (I: .. ~." (. ~' 1(' (', ,?, '\:: " . I'. .I'" ~ \-'1 ii.. .~ "' <( \ ~j C' ('.~J . ,"'{ [11 i,l' , \. Ij.j I I.u I r"1_ ;.r: II U') '. 1../1 " , . ., .,... ' Attornsy rorl plaintiffs Clyde and Mona Harrison Sims h/w DIBORAH M. TRUSCILLO, ESQUIRI Identification No.: 55916 830 W. springfield Road 1 Marple Place, Suite 6 Springfield, PA 19064 16101 604-4949 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Clyde D. and Mona Harrison Sims, h/w Plaintiffs No.: 96-2345 JURY TRIAL DIIUUIDID VB. Charles E. and Dorothy Hallman, h/w Defendants PLAllITlrrs ANSWER TO DErENDAlIT. DOROTHY HaT.T.yall' 8 MOTION rOR SUMMARY JUDOIHlIIT 1. Admitted. 2. Admitted. ,. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. I' Admitted, however, the complaint specifically states and 7. discovery confirms that Dorothy Hallman and Charles Hallman both own the vehicle and that each is responsible for the operation of the vehicle. (See Defendant's Exhibit "C"). Since both defendants own the vehicle vicarious Uabilitr cannot be averred in t~e. complaint. Defendant, Dorothy Hallman, now raises vicarious liability as a basis for summary judgement because she atated in her deposition that even though both dllfendants own the vehicle, it . is her vehicle. 8. Admitted. 9. Admitted. 10. No responsEl required as it is a statement of law. 11. No response required as it is a statement of law. 12. No response required as it is a statement of law, however, negligent entrustment cannot be alleged when the driver also owns the vehicle. 13. Denilld. Defendant, Dorothy Hallman, herself testified that even though both own the vehicle, she drives it the most and considers it her vehicle. At the same time negligent entrustment cannot be averred since both defendants own the vehicle. She may have created her own negligence in entrusting the vehicle by saying it is really her vehicle. ( A true and correct copy of page 8, line 23-25 of the deposition transcript is attached hereto as "Exhibit A" and incorporated herein by reference). 14. Denied. Defendant, Dorothy Hallman in her statement of the vehicle being hers is evidence that she stood as a master or principle to Defendant, Charles Hallman. 15. Denied. The facts speak for themselves as evidence that when Defendant, Charles Hallman hits a parked vehicle several times, he is an incompetent driver who drove in a manner on August 23, 1994 which was prohibited by law. Defendant, Dorothy Hallman is not going to admit that. har defendant husband is a careless driver. Discovery is not finished, however, the facts of this case demonstrate Defendant, Charles Hallman to be a careless driver. I , r ' 16. Denied. Plaintiffs have shown enough evidence as II, ,'I I, ' 1, I I required by Pennsylvania Rule 1035 of Civil Procedure to overcome Summary Judgement in favor of Defendant, Dorothy Hallman. WHIRJ:PORB, Plaintiffs respectfully l'8quest this Honorable Court to deny summary Judgement to Defendant, Dorothy Hallman and not release her as a Defendant in this action. II , ' Respectfully submitted, ~tflj,i~JJ I , " , ,:'. , ",' , I, ", ,,', , " or, > I " ""I ',I, , i' , ! I.;' , ',' " , , I,',i, I ,'C' J,. ' " " 1 Q Do you recall any accidents that your husband may 2 have been in other than this one? 3 No. A 4 Do you recall whether this Cadillac -- you Q 5 remember the Cadillac that you had at the time? 6 A Yes, it was my car. 7 Q Was this car in any accident other than this 8 incident? 9 A No. 10 Q Was there any damage ever done this Cadillac 11 other than 12 A No. 13 Q This incident? 14 A No. 15 Q Did you ever have this vehicle at your nophew'8 16 auto body shop? 17 Not other than to wash it or polish it for me. A 18 Okay. Have you ever brought the car anywhere to Q 19 have it maintenized? 20 A No. Oh, well, my car is usually picked up illY 21 Frederick's and delivered when I go for -- when it gets oil 22 change or anything like that. 23 Q Okay. Do you drive or did you drive this auburn 24 Cadillac more often than your husband? 25 A Much more. It was my car. t ~ hlh,t ,I A I' 8 , :1 'I., \,J' \' I " ATTORNEY FORI plaintiffs clyde and Mona Harrison Sims, h/w DEBORAH M. TRUSCELLO, ESQUIRE Identification NO.: 55916 113 N. Olive Street Media, PA 19063 16101 892-9111 IN THE COURT OF COMMON PLEASE OF DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Clyde D. and Mona Harrison Sim, h/w 100 E. Glenolden Avenue, #5-9 Glenolden, PA 19036, Plaintiffs No.: 95-10264 JURY TRIAL DEMANDED vs. Charles E. and Dorothy Hallman, 1627 E. Caracas Avenue Hershey, PA 17033, Defendants h/w <- <:::Ie. ~. r-' ,-.~ 0 'W '.") "":', ~", "":'\ - .,~ -- c: . -r ~ .:0 -=' .;.: \\ ::::: 1. plaintiff, Mona Harrison Sims, is an adult indt~dUa~ residing at 100 E. Glenolden Avenue, #5-9, Glenolden, Pennsylvania, ~ 19036. 2. Plaintiff, Clyde D. Sims, is an adult individual residing at 100 E. Glenolden Avenue, #5-9, Glenolden, Pennsylvania, 19036, who at all times material herein is the husband of plaintiff, Mona Harrison Sims. 3. At the times material to this Complaint, Defendants, Charles E. and Dorothy Hallman, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein. ' 4. At the times material to this Complaint, plaintiff, Mona Harrison Sims, owned and was a passenger of a motor vehicle which was involved in an accident, the details of which are more ful1~, set forth herein. Exhibit "C" r::> ,.. ... ...........'\ ". ' . , - ~ . ..-. ,..... . '..-..~~ , .. .: :,....., ,-.-J 5. At the times material to this complaint, Plaintiff, Clyde D. sims, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein 6. On or about August 23, 1993, the aforesaid operators were at the plainfield reststop on the Pennsylvania Turnpike in Dauphin County, when Defendants, Charles E. and Dorothy Hallman, so carelessly and recklessly operated their vehicle so as to cause their vehicle to collide and strike Plaintiffs I vehicle in the front, several times, causing Plaintiffs severe and serious injuries which are more fully set forth herein. 7. The collision was solely the result of the negligencEl and carelessness of the Defendants; plaintiffs were in no manner whatsoever responsible for the said accident. s. The negligence and carelessness of Defendants, Charles E. and Dorothy Hallman consisted of but not limited to the following: (a) failure to properly operate and control their vehicles; (b) failure to stop their vehicle in a safe manner; (e) failure to keep a proper lookout; (d) excessive speed under the circumstances; (e) failure to keep a proper distance between the respective vehicles; (f) failure to exercise due care under the circWIIstanc.. and drive appropriately in a parking loe; (g) failure to properly apply brake.; (h) in permitting or allowing the vehicle to .~r1k. .~d collide with the front of the vehicle operated by the Pl.1nt1~f., . i -2- '. . (i) in failing to drive at a speed and in the manner that would allo'" Defendant tCl stop within the assured clear distance ahead; (j) in operating the vehicle in a manner not consistent with the road and area of the accident which was a parking lot; (k) violating the ordinances, statutes, and regulations Dauphin County and the COl1\l1lonwealth of Pennsylvania with respect the proper operation of motor vehicles on public thoroughfarell; of to (1) in being otherwise careless, reckless, and negligent in a fact and at law; and (10) such other negligence as may ',.,ell be discovered during the pendency of this case; I: COUNT I Plaintiff. Mona Harrison Sims. vs. Defendants. Charles E. and Dorothv Hallman 9. Plaintiff, Mona Harrison Sims, hereby incorporates by reference the allegations continued in paragraphs 1 through 8 as though fully set forth h~rein at length. 10. Solely by reason of the aforesaid negligence of Defendants, Plaintiff, Mona Harrison Sims, has undergone and incurred great physical pain and suffering, mental anguish and emotional distress and injuries of bones, muscles, tendons and ligaments, including by not limited to cervical strain and sprain; lumbar disc herniation at LS-Sl, acute lumbosacral strain llnd sprain with degeneration; LS-Sl radiculopathy; decreased strenqth and numbness of the lower extremities; acute anxiety reaction; insomnia; limitation of motion and severe shock to the nerves and nervous system, all of which Plaintiff has continue to suffer fr~m and which injuries may be permanent in nature. 11. As a further result of the accident, Plaintiff has -3- undergone medical treatment including surgery and will be obliged to receive futther medical treatmant of which Plaintiff has incurred and will incur various expenses in excess of the limitation of 75 Pa. C.S.A. Section 1712, et seq. For the injuries plaintiff has suffered and may be obliged to continue to expend such monies for an indefinite period of time in the future, all to her. great financial detriment and loss. 12. As a result of the afor.ementioned lnjuries, Plaintiff, has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, a claim is made therefore. 13. As further result of the this accident of aforementioned, Plaintiff has suffered and may in the future suffer mp.ntal anguish, emotional suffering and other non-economical losses. 14. As a further result, Plaintiff has suffered interference with her usual duties, chores, life's pleasures and opportunities and may continue to suffer such interferences in the future. 15. As a further result, plaintiff has suffered great humiliation, embarrassment and shame. 16. As a further result, plaintiff has in the past and may into the future be caused to suffer a loss of her normal pleasures and enjoyments of life. , 17. As a further result, Plaintiff has suffered such injuries as might me discovered durinq the pendency of this cause of action. 18. As a further result, plaintiff incurred property damage to her vehicle in the amount of approximately Two Hundred Dollars ($200.00) -4- . -... I I " WHEREFOR!, Plaintiff, Mona Harrison Sims, demands judgment against the Defendants, jointly, severally or in the alternative for a sum of money in excess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of suit and delay damages. ~OUNT I I " , ~ I Plaintiff. ClYde D. Sims. v. Defendants. Charles E. and DorothY Hallman 19. plaintif f, Clyde D. Sims, hereby incorporates by reference the allegations contained in paragraphs 1 through 18 as though fully set forth herein at length. 20. As a direct result of the negligence of Defendants, as aforesaid, and of the injuries to his wife as a result thereof, Plaintiff, Clyde D. Sims has been deprived of the comfort, companionship, services, assistance and consortium of his wife and will be so deprived for an indefinite period of time in the future. WHEREFORE, Plaintiff, Clyde D. Sims, demands judgment against the Defendants, Charles E. and Dorothy Hallman, jointly, severally or in the alternative for a sum of money in excess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of the suit and del ay damages. By: R"f.ctfUl~:( lub~itted, :Jz<ML19r;:I2i;-~L~A ~ Deborah M. Trulcsllo, Ilquire Attorney for the Plaintiffl -5- ," " , . " caR~IrI~TB or a,.VIca I hereby certify that a true and correct copy of the foregoing Plaintiff's Answer to Defendant's Motion for Summary Judgement has been served upon the Defendants, by first-class postage prepaid, through their attorney on the date set forth belQW: " Richard H. Wix, Esquire 4705 DUke Street Harrisburg, PA 17109-3099 Date: 11//1/96 ad~Pi~ Deborah M. Tru.ce 10, , a.quire . Attorney for the Plaintiffs . , ' , "I. " , i' ',i,..., II "1 " , . I' "',-1 ,I i' r" i " lll'. .-, <' - , (' ,1'"7 , , ~;. . ({ , .", ~ ~.'J , Ii, e I , , I. iI '" ., ,t"i r..Ii I' I'..' ( (, , 1_' '. , ' ~ u.J Z Cl .- u.J ~ ~ ~ u.J () :z u.J ~ X ~ ~ ~ ~ >- 5 ~ .J ::l ~ ~ ~~~ ~~ ~ ~ ~I~~ :z =-:z ~. At 0 Z "d g ~ ~ '5 ~ ~ ~ ~ u " ~ 'l ~ ~ .<l . . v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2345 CIVIL ACTION - LAW JURY TRIAL DEMANDED I I I 'I , I CLYDE D. and MONA HARRISON SIMS, plaintiffs , , 1', I! I CHARLES E. and' DOROTHY HALLMAN, Defendants NMICI! TO PLIlAD TO: Clyde D. & Mona Harrison sims c/o Deborah M. Truscello, Esquire 1 Marple Place, suite 6 830 W. Springfield Road springfield, PA 19064 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment will be entered against you. ,I . DATE: c:::;- ..--p~ ~C;;:. \'\'l" BY: Respectfully submitted, WIX, WENGER & WEIDNER ~... . .tJ/ ~"_I ~H. Wix, E~ite . ID# 07274 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 CLYDE D. and MONA HARRISON SIMS,: IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2345 CHARLES E. and DOROTHY HALLMAN, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH HIW HATTER TO PLAINTIFFS' COMPLAINT 1. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of paragraph 1. Therefore, each and every averment of Paragraph 1 is specifically denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to th~ truth of the averments of paragraph 2. Therefore, each and every averment ot Paragraph 2 is specifically denied and strict proof thereof is demanded at the time of trial. 3. Admitted in part, denied in part. Admitted that all times material to this Complaint, Defendants, Charles E. and Dorothy Hallman, owned a motor vehicle. After reasonable investigation, Defendants ar.e without sufficient knowledqe to fora a helief as to the truth of the remaining averments of Paragraph 3. Therefore, the remaining averments of paragraph 3 are Mpeciflcally , denied and strict proof thereof is demanded at the time of trla~., 4. Aftor reasonable investigation, Defendants are vltb~t " suffident knowledge to form a belief as to the truth of the averments of Paragraph 4. Therofore, each and every averment of Paragraph 4 is specifically denied and strict proof thereof is demanded at the time of trial. 5. After reasonable investiqation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 5. Therefore, each and every averment of Paragraph 5 is specifically denied and strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. Admitted that on or about August 23, 1993, Defendants, Charles E. Hallman and Dorothy Hallman were at the Plainfield Rest Stop on the pennsylvania Turnpike. It is specifically denied that the Plainfield Rest stop is in Dauphin County. To the contrary, Defendants believe and therefore aver the Plainfield Rest stop to be in Cumberland County. After reasonable investigati.on, Defendants are without sufficient knowledqe to form a belief as to the truth of the remaininq averments of Paragraph 6. Therefore, the remaining averments of Paragraph 6 are specifically denied and strict proof thereof is demanded at the time of trial. 7. The averments of Paragraph 7 constitute a conclusion of law to which no response is required. To the extent that a. response is deemed required, each and every averment of Paragraph 7 is specifically denied and strict proof thereof is demanded at 2 I '. 'I I- " ;~ ,', the time of trial. 8. The averments of paragraph 8 constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, each and every averment of Paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. Paragraphs 1 through 8 of the Defendants' Answer With New Matter are incorporated herein by reference. 10. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of paragraph 10. Therefore, each and every averment of Paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of paragraph 11. Therefore, each and every averment of Paraqraph 11 is specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, Defendants are without " '.'1 sufficient knowledge to form a belief as to tho truth of the ,,(,Xi .,' ;;~'_'I::l-;l~l averments of paragraph 12. Therefore, each and every .venMn~ of ',',"i;",;, , :' ) I, "I !\~ z. , _ ,I ',",1 ", '...i',,\ _"__.~ Paragraph 12 is specifically denied and strict proof th.,." *_"",<:',:';1' demanded at the time of trial. :l,;~i!::~,{i\l)':;(;!' ,'I,-,-...t:I:_\'{j';t ) I ~_i\J'~IM"i:'f 3';i".'~_\FtY i .<.IJI.-, 1,1,>:I}I~' ,.,- '.J " 13. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 13. Therefore, each and every averment of Paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 14. Therefore, each and every averment of Paraqraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. 15. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of paragraph 15. Therefore, each and every averment of Paragraph 15 is specifically denied and strict proof thereof is demanded at the time of trial. 16. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth Of the averments of Paragraph 16. Therefore, each and every avsrment of Paragraph 16 is specifically denied and strict proof thereof i. demanded at the time of trial. 17. After reasonable investigation, Defendants are wi~hout sufficient knowledge to form a belief as to the truth of the averments of Paragraph 17. Therefore, each and every avsraent of, 4 ',0',1" paraqraph 17 is specifically denied and strict proof thereof is demanded at tho time of trial. 18. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the avermants of Paragraph 18. Therefore, each and every averment of Paragraph 18 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Charles E. Hallman and Dorothy Hallman respectfully request Your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 19. Paragraphs 1 through 18 of the Defendants' Answer with New Matter are incorporated herein by reference. 20. After reasonable investigation, Defendants are without sufficient knowledge to form a belief as to the truth of the averments of paragraph 20. Therefore, each and every averment of Paragraph 20 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants, Charles E. Hallman and Dorothy Hallman respectfully request Your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Nn HAT'l,'D 21. Defendants beliave and therefore aver that there va. no impact between their vehicle and the Plaintiffs' vehicle. 5 ," 22. Defendants believe and therefore aver that in the event that there was an impact, that said impact was caused in whole or in part by the negliqence of the Plaintiffs. 23. The Plaintiffs' claims are barred, or should be reduced in accordance with the Pennsylvania comparative Negligence Act. 24. The damages and injuries referred to in the Plaintiffs' Complaint, the existence of which are specifically denied, were caused by other J.ncidents, accidents, disease processes or circumstances over which the Defendants had no right of control. WHEREFORE, Defendants, Charles E. Hallman and Dorothy Hallman respectfully request Your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, WIX, WENGER & WEIDNER B~ ~ i _--L4.~'" ,<- - ard H. W x, I.D. #07274 4705 Duke street Harrisburg, PA 17109 (717) 652~8455 ','.' 6 -' DIBORAB M. TRUBCILLO, ISQUIRI Identification No.: 55916 830 W. Springfield Road 1 Marple Placa, Suite 6 Springfield, PA 19064 /610\ 604-4949 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUN'ry, PENNSYLVANIA CIVIL ACTION - LAW Attorney Fori Plaintiffs Clyde and Mona Harrison Sims h/w Clyde D. and Mona Harrison Sims, h/w Plaintiffs No.: 96-2345 JURY TRIAL DIMANDID vs. Charles E. and Dorothy Hallman, h/w Defendants PLAINTIFFS ANSWER TO DEFINDANTS NEW MATTIR 21. Denied. Plaintiff I S aver that there was an impact between the vehicles as evidenced by Defendants own testimony during deposition. 22. Denied. Plaintiffs sPQcifically deny any negligence on their part as Plaintiffs were parked and at a complete stop when Defendants backed into Plaintiffs more than one time causing them serious injury. 23. Denied. Plaintiffs specifically deny that their claim is barred or reduced by the Pennsylvania Comparative Negligence Act as Plaintiffs were parked and at a complete stop when Defendants backed up into them more than one time. " ;1 ", " r d " 24. Denied. Plaintiffs injuries have been specifically caused by the accident complainad of in this matter as Plaintiffs have had no other accidents which caused injury to the body. . WHIRlFORl, Plaintiffs respectfully request this Honorable Court to dismiss Defendants New Matter with prejudice. Respectfully submitted, ~U~IJt~(Wh Deborah M. Truscello I i I' " ' . '. ., I t , ' , " " .,', , " , " , " ,'II, , , , , . " , . i. VIlRIPIC~IOH " Deborah M. Truscello, Esquire states that she is the attorney in this matter. She further states that she is acquainted with the facts set forth in this foregoing pleading, that the same are true and correct to the best of her knowledge, information and belief, and that this statement is made subject to the penalties of 18 PA C.S.A. section 4904 relating to unsworn falsification to authorities. Date: 10/29/96 ,'"---., J -J;M,.~(/',-- ;/;lAdu~ Deborah M. Truscello , .. ':' " , , ..' , , , ", ;: 'I' . , C..TI'ICAT. 0' ...VIC, . I hereby certify that a true and correct copy of the foregoing Answer to Nsw Matter, has been served upon the Defendants, by first-class postage prepaid, through their attorney on the date set forth below: Richard H. wix, Esquire 4705 Duke Street Harrisburg, PA 17109 Datel 10/29/95 .---"- J' ~. j)~ I1t: 1./Ltw(1.#~k- Daborab M. Truscallo, .squire Attorney for tbe plaintiffa I I .' " " PRAECIPE FOR LISTING CASE FOR ARGUMENT (MUst be typewritten Ill'ld subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next ArgIment Court. -----------------------~--------------------------------------------------------------- CAP'l"ION OF CASE (entire caption must be stated in full) ( Plaintiff) () <0 I" . 0'. -on -r:1( "0 .;1 :? QII "~ :',::'1 ..,'. (^' J!.l ;':1 llJ .;:.) J~ -..;' k' .,~ y: ::;. ~~ '. ~ . ). . .. ;'.-1 "" ~g -, -S .... CLYDE D. and MONA HARRISON SIMS, va. CHARLES E. and DOROTHY HALLMAN, (Defendant) No. 2345 CivU 19 96 1. State matter to be argued (Le.. plaintiff's rrction for new trial. defendant's demurrer to complaint. etc.): Motion for Summary Judgment of Defendant Dorothy Hallman 2. Identify counsel who will argue case: (a) for plaintiff: Deborah M. Truscello, Esquire ~s: 1 Marple Place, Suite 6 830 West Springfield Road Springfield, PA 19064 (b) for def~t: Girard E. Rickards, Esquire ~s: Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 3. I will notify all parties in writing within two days that thia can Ma been listed for argImEnt. 4. ArglInent Court Date: December 11. 1996 tBted: October 29, 1996 ATTORNEY FORI Plaintiffs, Clyde and Mona Harrison Sims, h/w DEBORAH M. TRUSCILLO, EIQUIRI Identification NO.1 55916 1 Marple Place, Suite 6 830 w. Springfield Road Sprinqfield, PA 19064 /610 \ 604-49~9 IN THI COURT or COMMON PLEASE or CUMBERLAND CIVIL ACTION - LAW COUNTY, PENNSYLVANIA Clyde D. and Mona Harrison ~ims, h/w Plaintiffs vs. No.: 96-2345 JURY TRIAL DEMANDED Charles E. and Dorothy Hallman, h/w Defendants I i STIPULATION RBSOLVING DEFINDANTS' PRELIMINARY OBJECTIONS Plaintiffs and Defendants, by and through their respective counsel, ntipulate and agree to resolve Defendants I Preliminary Objections in the following manner: 1), paragraph 8 Subsections (1) and (m) are stricken from Plaintiffs' Complaint; 2). Paragraph B Subsection (k) is amended to read, "violating the traffic regulaticns of Dauphin County with respect to Defendants operating their vehicle in the parking lot or public thoroughfare without regard to the position of Plaintiffs' vehicle," 3), paragraph B Subsection (j) remains the same and unchanged. Defendants shall file a responsive Answer to Plaintiffs I Complaint within 20 days of the }/1 / 'i'/.' ;// J( '~A 1(1./( 1,1 II. (I.){ (, :f~j Deborah M. Truscello, Esq. Attorney for Plaintiffs, Mona and Clyde Sims tiling of this stipulation. ~~~{:~~ Girard E. RiCkards, Esq. Attorney for Defendants, Charles and Dorothy Hallman " " . t"; '11 . i;: ~, ;1 ;'1 t 1<' -\ , ',.) i , '<'J I ~l.' , , , " ~ lIt', ..:, 1 CJ '.. '" I'RAEC I !'E;---':.(!.!!....l.J..~:!~I.!!G CASE FOR ARGUMENT (MUst be typewritten und sutJnitted in dupHcate) .. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within Illo'.ltter tor the next Argl.Inent Court. i , 1 , -------------------~--------------------------------------------------------~---------- CAPTION OF CASE (entire caption must be stated in full) C I y ok I), .~.:R 1\\"'..... No1rr:HA S;M~ I PI (1,...1 i r.r~ ( Plaintiff) vs. (L..o,.lt~ C. a.."t {)",r" '+L.., H""I,...,.'" I ()...~,j..,,+r (Defendant) No. ql{J Civil ;J 3'"/ S' 19 '1~ 1. State matter to be argued (Lc.. plaintiff's IlDtion for new trial. defendant's demurrer to complaint. etc.): 04+~,,~JM t i P,...I ,'''' ,"ay OL.,j (el '<(..<1 2. Identify counsel >oiho will argue case: (a) for plaintiff: Address: 61- DIlIo..,...l,.. tL1. TrvH'"I/", I II? JV,,"''f(.. Ol,'v~ ~f. y\1 ul '4" P A /'1 0" 3 G,'r~~t( E'. P.'Llr.nrc.Jr 1..1 7 () S (.'l...l< ~ 5; f, ,-I. ""h~",";; ,fA (;1C'1 3. I Irlll notify all parties in writing Irlthin t'olO days that thi.e c:aM Me . been listed for argutEnt. (h) for defendant: Address: 4 . I\rgul'len t Court DEI te: (\11"" J'I, '11~(P ~ted: S 1'1/<;(" ~') __ .~:/C'~~ tog;; far O<i.{~"dAA'/J , , " r,'" , '(' ') I.JI '\I . .., .,'.. elll "'. "'1 1..,' I. :'J !::' t','";' " .,.1') I." \I ,-; i" :!J , , :,') , \,Q . ~'ll .j,,' , .1 .. 1 " - tij <J1 ::.t; , , " I ,.. ,I,. ~ ". h: ,> r.': ('\j " ~C' .. '\I ) ~ )- I ;"~I ~t' - 1"-' i.t.: :0 I~ J;:J fi' <"":. ," .L ' L ,-- ' 'I f[ ,., /.. " ! ~:; I" t.: I(lj 1'_ CO fl.1. \,:1 lot:') ) 0\ . ) 'I.. . . ,. , , " " ~~ a: ~ IJJ g :z ~ Cl - ~ E: ~ IJJ I- ~ '" < '" ;Z .n ~ ~ < ~ < ~ ~ :; , a: E '" ~I~~ II IJJ 7- 2 ~ ~,;. (J " ~ ~ '" -~ Z g 1) Co '0 IJJ < ~d ~ ~ ;:> I- .. '" >< ~ ~ ~ . ~ 1 1 .1 If I ! I " CLYDE D. and MONA HARRISON SIMS,: IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-2345 CIVIL ACTION - LAW JURY TRIAL DEMANDED CHARLES E. and DOROTHY HALLMAN, Defendants MOTION FOR SUMMARY JUDGMENT OF DEFENDANT DOROTHY HALLMAN 1. The present case arises out of an automobile accident involving the Plaintiffs, Clyde D. and Mona Harrison Sims, and the Defendants, Charles E. and Dorothy Hallman, which occurred in the parking lot at the Plainfield Rest Stop off of the Pennsylvania Turnpike in Cumberland County, Pennsylvania on August 23, 1995 at approximately 6:00 P.M. 2. At the time of the alleged accident, Defendant Charles E. Hallman was driving a maroon, 1990 Cadillac DeVille, which was owned jointly by Mr. Hallman and his wife, Dorothy Hallman. (Complaint, paragr.aph 3). 3. In response to Plaintiff's Int.errogatories - Set I, Question 72, which asked the Defendant to "[s]tate the names, addresses, present whereabouts and jOb classifications of all persons who were passengers or riding in your vehicle at the time of the accident and where each passenger was seated in the vehicle, II the Defendants answered that Defendant Dor.othy Hallman was a passenger in the vehicle being driven by her husband, Charles E. Hallman. (Exhibit "A"). , , " 4. In response to Plaintiffs' Interrogatories, set I, Question 75, which, in part, asked the Defendants to state the names and addresses of the owners of the motor vehicle being operated by Defendant Charles E. Hallman at the time of the accident, the Defendants answered, "Charles E. and Dorothy Hallman, 1627 East Caracas Avenue, Hershey, PA 17033. (Exhibit liB") . 5. In Count I of the Plaintiffs' complaint, a copy of which is attached hereto as Exhibit "C", Plaintiff Mona Harrison Sims alleged negligence and carelessness against both Charles E. and Dorothy Hallman in the operation of the vehicle which allegedly struck the Plaintiffs' vehicle and caused Plaintiff Mona Harrison Sim's injuries. 6. On May 22, 1996, the parties filed a stipulation to Amend the Plaintiffs' Complaint regarding certain allegations of negligence. A true and correct copy of the stipulation is attached hereto as Exhibit "D" and lncorporated herein by reference. 7. The plaintiffs' complaint does not allege that Oorothy Hallman is vicariously liable for tha actions of her husband, Charles E. Hallman. 8. On september 25, 1996 the depositions of all partie. to this action were taken. 2 ',.', 9. At her deposition, Plaintiff Mona sims admitted that Dorothy Hallman was not driving any vehicle involved in the accident. She testified that the reason she filed suit against Dorothy Hallman was because of her ownership interest in the vehicle. 10. Under Pa.R.C.P. No. 1035.2, effective July 1, 1996, any party may move for summary judgment in whole or in part as a matter of law, after the relevant pleadings are closed, (1) whenever there is no genuine issue of any material fact as to a necessary element of a cause of action or defense which could be established by additional discovery or expert report, or (2) if, after completion of discovery relevant to the motion, including the production of expert reports, an adv.r.. party who will b.ar the burd.n of proof at trial ha. fail.d to produc. .vid.nc. of fact. ....nti.l to the caus. of action or d.f.n.. wbicb in a jury trial would raquir. the issu.s to b. .ubmitted to a jury. (Emphasis supplied). 11. The Pennsylvania Superior Court has ruled that in order to impose liability on a person for an injury which results from the operation of a motor vehicle, except where liability is shown to be imposed by statute, that person must either be in actual operation of the vehicle or in control of the vehicle, or stand in a relation of master or principal to the person whale conduct caused the alleged injury. Jahn v. O'Neill, 327 Pa. Super. 357, 475 A.2d 837, 838 (1984). 3 12. Moreover, under a theory of negligent entrustment, the owner of a vehicle "may be found liable for negligence in entrusting the vehicle's use to an incompetent driver, to a driver who is prohibited by law from operating the vehicle, or to a driver who is intoxicated or known to be a careless or reckless driver." Zarick v. Knoll, 68 Northumberland L.J. 1, 3 (1995) [citing Meyer, Law of Vahicle Negligence in Pennsylvania S 16.07(1970), with case citations omitted). 13. The Plaintiffs in this action have presented no evidence establishing that Defendant Dorothy Hallman was the operator, at the time of the accident, or in control of the vehicle which allegedly struck the Plaintiffs' vehicle and caused Plaintiff Mona Harrison sim's injuries. 14. The Plaintiffs have not alleged or presented any evidence to show that Defendant Dorothy Hallman stood as a master or principal to Defendant Charles E. Hallman or that Mr. Hallman was employed or engaged as Dorothy Hallman's agent, servant, work person and/or employee at the time of the alleged accident. 15. The Plaintiffs have presented no evidence showing that Defendant Charles E. Hallman was an incompetent driver, a driver prohibited by law from driving the Defendants' vehicle, or known by Mrs. Hallman to be intoxicated or a carelea. driver at the time of the alleged accident. 4 " 16. Because the Plaintiffs have failed to present ftny evidence meeting the elements required by the courts in ~ and Zarick for imposing liability on a vehicle owner who was not operating the vehicle in question at the time of tre accident, Defendant Dorothy Hallman is entitled to judgment as a matter of law. WHEREFORE, Defendant Dorothy Hallman respectfully requests your Honorable Court to enter summary judgment in her favor and release Defendant Dorothy Hallman as a Defendant from this action. Respectfully submitted, WIX, WENGER & WEIDNER .Cd.; M W ard H. Wix, 1.0. #07274 Attor"~y~ Cur notendantB 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 i 0' " , , " 'I, ,....', 5 ':1' -.A.... 74. At the time of the accident, did your vehicle have a radio, heater, defroster or air conditioner? If so, state if 3.ll)' were on at the time of the accident and if so, which. Yes. my vehicle was so equipped I none of the items wcre on at the time. 75. With reference to the motor vehicle you were operating at the time of the accident described in Plaintiffs Complaint. state: (a) Names 3.lld addresses of owners of said vehicle, license number and state of lic;ense; Charles E and Dorothy Hallman 1627 East Caracas Avcnue Hershey, PA 17033 (b) YeM, make, model, color 3.lld type of said vehicle; 1990 Cadillac DeVille sedan ; ;.1 (c) . . Registration number, state of repstration. rnUcaae at time of accident and serial number ofsald vehicle; "II' .' , ~ " See prior answers 43 Exhibit "8,11 ..' UEBORAH M. TRUSCELLO, ESQUIRE Identification NO.: 55916 113 N. Olive Street Media, PA 19063 /610\ 892-9111 IN THE COURT or COMMON PLEASE OF DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATTORNEY FORI Plaintiffs Clyde and Mona Harrison Sims, h/w Clyde D. and Mona Harrison Sim, h/w 100 E. Glenolden Avenue, #S-9 Glenolden, PA 19036, Plaintiffs No.: 95-10264 JURY TRIAL DEMANDED vs. Charles E. and Dorothy Hallman, 1627 E. Caracas Avenue Hershey, PA 17033, Defendants h/w .... OC:: ~r,' .-.~ 0 ... '.'. -;, " . ""':, r.::> .... ." t"'''''''' . ' . . - ;;:::> ....~, ;"1,..01 - ..- ..- c :T" :;:: ':' -0 . ~ l\ 0::::;::. 1. Plaintiff, Mona Harrison Sims, is an adult ind~~dua\9. reaiding at 100 E. Glenolden Avenue, #S-9, Glenolden, pennsylvania, COMPLAiNT '" ~ .r.r.! I 'Ii '.! .,....,....1 -* 19036. 2. Plaintiff, Clyde D. Sims, is an adult individual residing at 100 E. Glenolden Avenua, #5-9, Glenolden, P$nnsylvania, 19036, who at all times material herein is the husband of Plaintiff, Mona Harrison Sims. 3. At the times material to this Complaint, Defendants, Charles E. and Dorothy Hallman, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein. 4. At the times material to this Complaint, plaintiff, Mona Harrison Sims, owned and was a passenger of a motor vehicle wbicb was involved in an accident, the details of which are more fully set forth herein. Exhibit .C. .. 5. At the times material to this Complaint, Plaintiff, Clyde D. sims, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein 6. On or about August 23, 1993, the aforesaid operators were at the plainfield reststop on the Pennsylvania Turnpike in Dauphin County, when Defendants, Charles E. and Dorothy Hallman, so carelessly and recklessly operated their vehicle so as to cause their vehicle to collide and strike Plaintiffs' vehicle in the front, several times, causing Plaintiffs severe and serious injuries which are more fully set forth herein. 7. The collision was solely the result of the negligence and carelessness of the Defendants; plaintiffs ware in no manner whatsoever responsible for the said accident. 8. The negligence and carelessness of Defendants, Charles E. and Dorothy Hallman consisted of but not limited to the following: (a) failure to properly operate and control their vehicles; (b) failure to stop their vehicle in a safe manner; (c) failure to keep a proper lookout; (d) excessive speed under the circumstances; (e) failure to keep a proper distance between the respective vehicles; (f) failure to exercise due care under the circumetances and drive appropriately in a parking lot; (g) failure to properly apply brakes; (h) in permitting or allowing the vehicle to strike and collide with the front of the vehicle operated by the Plaintiff.; -2- I f \ I , I , ! " ~, ,. ,/ ,,\1 " )'j ,1\f .,6 I I ' ~' (i) in failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; (j) in operating the vehicle in a manner not consistent with the road and area of the accident which was a parking lot; (k) violating the ordinances, statutes, and regulations of Dauphin County and the Commonwealth of Pennsylvania with respect to the proper operation of motor vehicles on public thoroughfares; (1) in being otherwise careless, reckless, and negligent in a fact and at law; and (m) such other negligence as may well be discovered during the pendency of this case; COUNT I Plaintiff. Mona Harrison Sims. vs. Defendants. Charles E. and Dorothv Hallman 9. Plaintiff, Mona Harrison Sims, hereby incorporates by reference the allegations continued in paragraphs 1 through 8 as though fully set forth herein at length. 10. Solely by reason of the aforesaid negligence of Defendants, Plaintiff, Mona Harrison Sims, has undergone and incurred great physical pain and suffering, mental anguish and emotional distress and injuries of bones, muscles, tendons and ligaments, including by not limited to cervical strain and sprain; lumbar disc herniation at L5-S1, acute lwr.bosacral strain and sprain with degeneration; L5-S1 radiculopathy; decreased strength and numloness of the lower extremities; acute anxiety reaction; insomnia; limitation of motion and severe shock to the nerves and nervous system, all of which Plaintiff has continue to suffer from and which injuries may he permanent in nature. 11. As a further l'esul t of the accident, Plaintiff b.. -)- ..- '. " . undergone medical treatment including surgery and will be obliged to receive further medical treatment of which Plaintlff has incurred and will incur various expenses in excess of the limitation of 75 Pa. C.S.A. Section 1712, et seq. For the injuries plaintiff has suffered and may be obliged to continue to expend such monies for an indefinite period of time in the future, all to her great financial detriment and loss. 12. As a result of the aforementioned injuries, Plaintiff, has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, a claim is made therefore. 13. As further result of the this accident of aforementioned, Plaintiff has suffered and may in the future suffer mental anguish, emotional suffering and other non-economical losses. 14. As a further result, Plaintiff has suffered interference with her usual duties, chores, life's pleasures and opportunities and may continue to suffer such interferences in the future. 15. As a further result, Plaintiff has suffered great humiliation, embarrassment and shame. 16. As a further result, Plaintiff has in the past and may into the future be caused to suffer a loss of her normal pleasures and enjoyments of life. 17. As a further result, plaintiff has suffered such injuries as might me discovered during the pendoncy of this cause of action. 18. As a further result, Plaintiff incurred property damage to her vehicle in the amount of approximately Two Hundred Dollara ($200.00) -4- . '. . WHEREFORE, Plaintiff, Mona Harrison Sims, demands judgment against the Defendants, jointly, severally or in the alternative for a sum of money in excess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of suit and delay damages. COUN:.t...U Plaintiff. ClYde D. Sims. v. Defendants. Charles E. and Dorot.hy Hallman 19. Plaintiff, Clyde D. Sims, hereby incorporates by reference the allegations contained in paragraphs 1 through 18 as though fully set forth herein at length. 20. As a direct result of the negligence of Defendants, as aforesaid, and of the injuries to his wife as a result thereof, Plaintiff, Clyde D. Sims has been deprived of the comfort, companionship, services, assistance and consortium of his wife and will be so deprived for an indefinite period of time in the future. WHEREFORE, Plaintiff, Clyde D. Sims, demands judgment against the Defendants, Charles E. and Dorothy Hallman, jointly, severally or in the alternative for a sum of money in excess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of the suit and delay damages. ,By: Respectfully submitt.ed, ~ /), ~ . '7JJ--?' ..' . ~ 1"11. f2i;-t..ULL. A J Deborab M. Truacello, laq~ire Att.orney for tbe Plaintiffa -5- '.-'~,I.,;' , ' I' . . ATTORNEY FORe plaintiffs, Clyde and Mona Harrison Sims, h/w DEBORAH M. TRUSCELLO, ESQUIRE Identification NO.: 55916 1 Marple place, Suite 6 830 w. springfield poad Springfield, PA 19064 /6101 604-4949 IN THE COURT OF COMMON PLEASE OF CUMBERLAND CIVIL ACTION - LAW COUNTY, PENNSYLVANIA Clyde D. and Mona Harrison sims, h/w Plaintiffs No.: 96-2345 JURY TRIAL DEMANDED vs. Charles E. and Dorothy Hallman, h/w Defendants : STIPULATION RESOLVING DEFENDANTS' PRELIMINARY OBJECTIONS, Plaintiffs and Defendants, by and through their respective counsel, stipulate and agree to resol va Defendants' Preliminary Objections in the following manner: 1). Paragraph 8 Subsections (1) and (m) are stricken from Plaintiffs' Complaint; 2). Pa.ragraph 8 Subsection (k) is amended to read, "violating the traffic regulations of Dauphin County with respect to Defendants operating their vehicle in the parking lot or public thoroughfare without regard to the position of Plaintiffs' vehicle. " 3). Paragraph 8 Subsection (j) remains the same and unchanged. Defendants shall file a responsive Answer to Plaintiffs' Complaint within 20 days of the tiling of this stipulation. JU4VU{lJI~~ Deborah M. Truscello, Esq. Attorney for Plaintiffs, Mona and Clyde Sims s;E;~L~ ~Girard E. Rickards, Esq. Attorney for Defendant., Charles and Dorothy Hall.an Exhibit "0" r, . ,,' ,1,1 . . 'i'., . . . . . . I, i~ CIRTI.ICATB 0' .IRVICI , " " AND' NOW, this ,y/I} day of i), t/..." , , 1996, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, hereby certify that I have served a copy of Motion for Summary Judgment of Defendant Dorothy Hallman on this date, by depositing a copy of the same in the united states mail, postage prepaid, in Harrisburg, pennsylvania addressed as follows: Deborah M. Truscello, Esquire 1 Marple Place, suite 6 830 W. Springfield Road Springfield, PA 19064 "I' i.' WIX, WENGER & WEIDNER By: Q " ':.(...iJ J.I' T ~~-: H. Wix, I.D. N~~4 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 ~ ~ 1I9~ -),3 45- 0,~'~- Cf~llrit;l; ,~ \rJlll ~ ~t, ('.)fif'H~J llTP'r It: (H(\ I: I', "l,I,', .;..' ", 7n~ 'f"l' j'i r.(j\ lV't,..~"",,,,, . ' ., '" ',,1..:' d~., I;' I :;.,'jLJ/.-(' I/~ ,:':1- i( ", f,: 1'- 1',d,1 ,,", \ 1""." t"~r'" \,Jl...\',; ;..; "1"':'1'1 , h' , , iii I ( ~ i-I:;- 'I".~', 'v."rLL' , [I,.! H ,!i ,'1 " l'lj)(',,\IT"}.'. , ' ~ r i " i ,Ii i;l{j,,}Fc':r 1: IJi"id ..1' 'Pl1lCL':i:,11 rNAR'( " -!'~:!' i :!, r'd iT '~, " " " , . , f"\ f"" " ., Q~~ ~ ' -. ~\.) ~ 4 ... t~J ......... ~\)u.. ~~ ~ ~~ , ..... C' ~ ~ ..... .... 0)-..~~ ~ ~ ~? u ~ c-;.. . r~;;,; ...... < ~ ~ ~~\ ....... ' "\ 1'\ .... <.-- -.... " <S k--"- t. ~~~ , , I , .. , ";1 , r , I , 'J " ':J , .... ", - , " . . '. :!/ ':-) r , : (,', I -:.-, , .....J '. .- ,....... DlSORAH M. TRUSCILLO, ESQUIRE ATTORNEY FORI P14intilfs, Identification NO.: 55916 Clyde 4nd Mona Harrison Sims,@)_ 1 Mftrple place, Suite 6 h/w ~ 830 w. springfield Road Springfield, PA 19064 /6101 604-4949 IN THE COURT OF COMMON PLEASE or DELAWARE COUNTY, PENNSYLVANIA CIVIL ACT tON - LAW Clyde D. and Mona Harrison Sims, h/w Plaintiffs : No.: 95-10264 vs. Charles E. and Dorothy Hallman, h/w Defendants ., PLAINTIFFS' PETITION FOR RECONSIDBRATION Plaintiffs' by and through their attorney, Deborah M. Truscello, Esq. Petitioll this HOllorable Court for reconsideration of its Order dated January 22, 19~6 and aver the following facto in support thereof: 1. Defendants' filed Preliminary Objections requesting, amongst other things, that venue be changed to Cumberland County. 2. On January 22, 1996 this Honorable Court determined that venue be changed to Cumberland County. 3. Plaintiffs' petition fc'r Reconsideration based upon most recent case law espousing that (1) Plaintiffs' choic~ of forum is due weighty deference; and (2) Defendants' burden to transfer venue is heavy ae Defendant must demonstrate and clearly adduce facts on the record establishing an oppre..ive and ........ vexatious result due to Plaintiffs' choice of forum. Keuther v. Snyder, _pa. Superior_, 664 A. 2d. 1068 (8/30/95); and RUbin v. Lehman, __pa. Superioc__, 660 A. 2d. 636 (5/11/95). (See att4ched brief) I , I I, I 4. In the case at bar, Defendant cannot satisfy their burden of proving hardship to transfer venue because it is a hardship for Plaintiff to conduct a tria\ in Cumberland County due to all activities in the case as well as Plaintiff and all the witnesses being located in Delaware County. This was a turnpike accident in a county other than where Defendant or Plaintiff live, as well as the fact that the Plaintiff had all treatment including surgery done in Delaware County. Everything needed at the trial is in Delaware County. WHEREFORl, Plaintiffs' respectfully request this Honorable Court to I'econsider its January 22, 1996 Order and maintain jurisdiction of this case. ~espectfully submitted, D.rJiI:~1J!&. /~ DEBORAH M. TRUSCELLO, ESQUIRE Identification NO.: 55916 1 Marple Place, Suite 6 830 w. Springfield Road Springfield, PA 19064 /610\ 604-4949 IN THE COURT or COMMON PLEASE O~ DELAWARE CIVIL ACTION - LAW ATTORNEY FORI Plaintiffs, Clyde and Mona Harrison Sims, h/w COUNTY, PENNSYLVANIA Clyde D. and Mona Harrison S.im, h/w 100 E. Glenolden Avenue, #S-9 Glenolden, PA 19036, Plaintiffs No.: 95-10264 JURY TRIAL DEMANDID VB. Charles E. and Dorothy Hallman, h/w 1627 E. Caracas Avenue Hershey, PA 17033, Defendants PLAINTIFFS' BRIEF CONTRAJrO DEPENDANTS PRELIMARY OBJECTIONS I. PACTS On August 23, 1993, Defendants crashed into Plaintiffs several times while Plaintiffs were parked at the Plainfield rest stop, pennsyl vania Turnpike in Cumberland County. Thereafter, Plaintiff, Mona Harrisca Sims, was driven to her home in Delaware County where she received medical treatment, including surgery for a lumbar spine herniation as a result of the accident. Defendants live in Dauphin County. Plaintiffs filed their action in Delaware County where all but one witness/party is located. Defendant is the only one not in Delaware County. Even Defendants' independaot medical e~aminer ~ill be from Plaintiffs' area. Defendant filed preliminarY Objections requesting venue be t.ransferred to Cumberland County under Pa. Rule 1006 of Civil Procedure. Plaintiffs oPpo.. tran.fer of this action. " ' -' II . AROUMIIT The most recent case speaking to this issue is Keuther v. SnYder, -Pa. Super.-, 664 A. 2d. 1068 (8/30/95). The Superior Court espoused that vonue will ~ be transferred wher~ Defendant, does n2t demonstrate that the litigation in Plaintiff's choice of forum would cause the Defendant hardship. Defendant in Keuther, SUptd. filed preliminary objections based upon Rule 1006, as D'3fel'dants in the case at bar, did requesting transfer of venue. Keuther, supra. cited Scola v. AC & S. Inc., 657 A. 2d. 1234 (pa 1995) for the proposition that (1) Plaintiff's choice of forum is weighty; (2) Defendant's burden to transfer venue is heavy; and (3) Defendant must demonstrate and clearly adduce facts on the record establishing an oppressive and vf.~atious result due to plaintiff's choice of forum which is out of proportion to plaintiff's convenience. It is well-established that Plaintiff 's choice of forum is entitled to considerable weight. Alter v. Pa. Gas and Water, 110 Pa. Commonwealth 349, 532 A 2d. 913 (1987). It is also well established principle that when a Defendant preHminary objects based upon Rule 1006, seeking to transfer venue, he/she must satisfy a heavy burden to prove hardship imposed by Plaintiff's choice of forum. Rubin v. Lehmrll, -Pa. Super.-, 660 A. 2d. 636 (5/11/95), citing okkerse v. ~, 521 PA 509, 556 A 2d. 827 (1989). Clearly, Defendant in the case at bar has not demonstrated and clearly adduced facts to establish hardship due to Plaintiffs' choice of forum. Defendant will not be able to either, since the whole entire trial is of parties and witnesses from Delaware County except for Defendants. The citus of the accident, Cumberland County has nothing to add to the trial nor does Dauphin County. Defendant is clearly forum shopping for a ~ounty that bears lower verdicts. III. CONCLUSION Plaintiffs respectfully request this Honorable Court to maintain jurisdiction as Defenda~cs cannot satisfy their burden of proof. Plaintiffs are entitled to their action being heard in Delaware County. By~ R..p~ctfUUy ,ub~itted, J De{J.f~-~ If.l!Io 1M*~ ~ Attorney for Plaintiffe '. ~ , DlSORAB M. TRUSCILLO, ESQUIRE Identification NO.: 55916 1 Marple Place, Suite 6 830 w. Springfield Road Springfield, PA 19064 /610\ 604-4949 I. THE COURT OF COMMON PLEASIl OP DELAWARE CIVIL ACTION - LAW ATTORNEY rORI Plaintiffs, Clyde and Mona Harrison Sims, h/w I II' COUNTY, PENNSYLVANIA Clyde D. and Mona Harrison Sim, h/w Plaintiffs : No.: 95-10264 r i I' I ' I i vs. Charles E. and Dorothy Hallman, h/w Defendants . CERTIFICATE or SERVICIl , I , I . , I ! I hereby certify that a true and correct copy of the foreqoinq Plaintiffs' Brief Contra to Defen'lants Preliminary Objections, has been served upon the counsel, by first-class mail, postage prepaid, on the ~ate set forth below: J Richard H. wix, Esquire 4705 Duke Street Harrisburg, PA 27109-3099 Attorney for the Defendant. . ' " ,i;t :1' Date: 1/~/96 ~ . :l~t:::' 11//':0 or/I\;I ''I' r,r:IIHI . Il!)I.I,~! /,.1'1 '. i Q/' Ol.l,\. , ' l, I.,). P,\' fEI l s ~u AM ISO 'J ", . , , .. '1'1 ir,' " ,\ I '.'1,' ,.1,' ,.. . .. \,. I, II II, :'/ ,', , I', , ., i,l, " ,", '" It; '1 ,i'l, ,: .. -",J I v ", .., , , ,t ", /"'"'1 II. IUNHAaY OF THI rACTI Defendants incorporate herein by reference the summary of the Facts contained in the Defendants' Brief in support of Preliminary objections. III. II8UI PRIIIHTID A. WHERE THE PLAINTIFF FILES A LAWSUIT IN THE COUNTY WHERE VENUE IS IMPROPER, MUST THE DEFENDANT DEMONSTRATE THAT THE PLAINTIFF'S CHOICE OF FORUM WAS OPPRESSIVE OR VEXATIOUS IN ORDER TO TRANSFER THE CASE TO A COUNTY WHERE VENUE IS PROPER PURSUANT TO PA.R.C.P. 1006(e)? Proposed Answer: No. IV. DGnlNT A. BECAUSE THE PLAINTIFFS FILED THIS ACTION IN A COUNTY WHERE VENUE WAS IMPROPER, AND THE DEFENDANTS' OBJECTION WAS BASED UPON IMPROPER VENUE, RATHER THAN FORUM NON CONVENIENS, THE DEFENDANTS DO NOT HAVE A BURDEN OF DEMONSTRATING THAT THE PLAINTIFFS' CHOICE OF FORUM IS OPPRESSIVE OR VEXATIOUS. The Defendants filed Preliminary Objections on the basis of improper venue. Proper venue in the Commonwealth of Pennsylvania lies in a county in which the defendant may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose. Pa.R.C.P. 1006(a). This lawsuit arises from an automobile accident that occurred in Cumberland County, and the Defendants were served in Dauphin County. Therefore, this Honorable Court properly ordered the transfer of venue to Cumberland County. 2 --- )'] .hould rein.tate the Order of January 22, 1996 a~d transfer this action to the Court of Common Pleas of Cumberland County forthwith. Respectfully submitted, WIX, WENGER & WEIDNER BY~ (t!J-A4 )~- ~ard H. Wix, I.D. 107274 4705 Duke street Harrisburg, PA 17109 (717) 652-8455 " ' " . '. '1 I" .' . , '-;, " .. " " , 'f! .,.1.-' 4 " '1,,\ , . .' ",I , " " , ':1'( , 'I ,I' " J, . " , . . ~ CI .u g :z d> Q 0 - ~ 5 ~ .u .... ~ w ~ " In :rl ~ 7. ~ ~ f; 2 ~ ~ ~ "- ~ w I ~ ~ '" .u 7. " 7. ~ . \,J 0( 0 i d ~ .~ w - Ii: Z 1. ~ 0 ~ ~ J u .u ~ ~ '" ~ " '" >< ~ '" - 0( ~ 'f: J: ,.. . . . . ......... . CD CLYDE D. and MONA HARRISON SIMS, plaintiffs IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, PENNSYLVANIA v. NO. 95-10264 CHARLES E. and DOROTHY HALLMAN, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED DI.IHDANT,' AHs.sa TO PLAINTI.'S' PSTITION rOR RBCONSIDBRATIOI 1. Admitted. 2. Admitted. r-.,'('" ;IfC:" _. r,! -,., ""' .., , , 3. The averments of Paragraph 3 constitute a ~~n91U$io~of"1 ." ::- - --- law to which no response is required. To the ex~!~~", t~ aJ;; response is deemed required, the Plaintiffs' choice;;oi fora. i<:J '-oj . only relevant in determining whether a lawsuit shou~ be transferred for the convenience of the parties. In this action, the Defendants Preliminary objections are requesting a change of venue based upon the fact that the Plaintiffs filed this action in a county where venue was improper. Therefore, the Plaintiffs' choice of forum has no bearing upon this Honorable Court's decision. 4. The averments of Paragraph 4 constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, it is specifically denied that Defendants have any burden of proving hardships to transfer venue to a county where venue is proper. Venue is proper in Cumberland i' , i' \ 'I ')'" , , ,..j -' ........ ..'" . CIR!PI.rOA!PB o. .laVIC. AND 'OW.th.. CO" ',y of F.hf...y. "". I. "ch... .. ..., ........ Of tho f'" of "" ...... , ....,... h...by c..t'fy th.t I h... '.tv.. · COpy ot ..t.....t.. A..... to P..l.t.ff.. Pet.t.o. Po. ..co..".....o.. th" ..... by ..poo.".. . c.py Of the .... .. the United States mail, Postage prepaid, PennsYlvania addressed as fOllows: in Harrisburg, . The Honorable George KOUdelis COurt of Common Pleas of Delaware COunty Delaware COunty COurt House West Front Street Media, PA 19063 Deborah M. Truscello, Esquire 1 Marple Place, SUite 6 830 West Springfield Road Springfield, PA 19064 ( By: WIX, WENGER , WEIDNER 07274 4705 DUke Street Harrisburg, PA 17109-30gg (717) 652-8455 " , - "h .' II. AROUMIIIT The most recent case speaking to this issue is Keuther v. Snyder (pa. Superior 8/30/95) Case no.: 95-4344, witb Judge Popovich presiding. The Superior Court espoused that venue will ~ be ~g where Defendant, does llQt demonstrate that the litigation in Plaintiff' s choice of forum would cause the Defendant hardship. Defendant in Keuther, supra. filed Preliminary Objections based upon Rule 1006, as Defendants in the case at bar, did requesting transfer of venue. Keauther, supra. cited Scola v. ,AC & S. In~, 657 A. 2d. 1234 (pa 1995) for the proposition that (1) Plaintiff's choice of forum is weighty; (2) Defendant's burden to transfer venue is heavy; and (3) Defendant must demonstrate and clearly adduce facts on the record establishing an oppressive and vexatious res~lt due to Plaintiff's choice of forum which is out of proportion to Plaintiff's convenience. It is wall-established that Plaintiff's choice of forua is entitled to considerable weight. Alter v. Pa. Gas and Wat..r, 110 ", "1. di' /1',\' I ' \~, ',I ...'~ 1"'1 " ;1,.Ct;'-:I, , ,~'-,~;, \~p '. based upon Rule 1006, seeking to transfer venue, he/she -~ ',,{,:~;',\i~' , . '.' "","lJ;)' , ,'II,." I.:'c-',,''!' satisfy a heavy burden to prove hardship imposed by Pl.!nt,lff'.' · ',:.';'\!),{, Rubin v. LehmlUl, (pa. Superior 5/ll/if) ,.J_,"\:;;'J~il~i;~: , . '~',j',,\d'~ .1 Elliot, Case no.: 95-3452, citing Okkerse v. Howe, 521 fA 10-,' ....I,::,'!!' ) . III ' " 'I' "1 '\ ','I! ,;! IH,' "'; -I,; '; ',~' .' "'1.10\ "" ,'\f~It;, , .t';'d,\~" " " """,',",:'(;f: ",".' ,"'.:.I.~J"\ \' , , :'_.~ J ~ \ (+'l~~~~ "','Iii,,'~ " .',-",", ,~,l .' . '_, . 'Ii~'" l~~"\ Pa. Commonwealth 349, It is' also, well 532 A 2d. 913 (1987). established principle that when a Defendant preliminary obj.!Clu choice of forum. A2d. 827 (1989). .~ ATTORNEY PORI Plaintiffs Clyde and Mona Harrison Sims, h/w DIBORAH M. TRUSCELLO, ESQUIRE Identification NO.: 55916 830 w. Springfield Road 1 Marple Place, suite 16 Springfield, PA 19064 1610\ f04-4949 1M THI COURT OF COMMON PLEASIl OP DELAWARE COUNTY, PENNSYLVAKIA CIVIL ACTION - LAW Clyde D. and Mona Harrison Sim, h/W, Plaintiffs : No.: 95-10264 vs. Charles E. and Dorothy Hallman, h/w, Defendants 'IRTIFICATE or SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs 8rief Contra to Defendants preliminary Objections, has been served upon counsel, by first-class mail, postage prepaid, on the date set forth below: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 27109-3099 Attorney for the Defendant. Date: 1/16/9~ , ,y.' ~ ~ . /I . L. t Deborab M. Tru.cello, .sq re Attorney for the Plaintiff. ""'" ""' DBBORAH N. TRUSCELLO, ESQUIRE Identification NO.: 55916 830 W. Springfield Road 1 Marple Place, Suite #6 Springfield, PA 19064 /610\ 604-4949 ATTORNEY rORI Plaintiffs Clyde and Mona Harrison Sims, h/w IN THE COURT OP COMMON PLEASE or DELAWARE CIVIL ACTION - ~W I Clyde D. and Mona Harrison Sim, h/~, Plaintiffs I vs. / Charles E. and Dorothy Hallma~ i/w, Defendants COUNTY, PENNSYLVABIA No.: 95-10264 , <.. I: F ,l:.~ :' ;~' (J; F:..; ..... .(.." I hereby certify that a true and correct copy of thl! foreijoing Answer to Defendants' Preliminary Objections, has been serv~upon counsel, by first-class mail, postage prepaid, on the date set forth below: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 27109-3099 Attorney for the Defendanta Date: 12/1/95 ~r- '7;; //'--/ L I '""f..,fI..~L . ''/'AUd..h//.. Deborab M. Truacello, lequire Attorney for tbe Plaintiff. , ~ 1 I 1""'\ .-. ATTORNIY PORI Plaintiffs Clyde and Mona Harrison Sims, h/w DIBORAH M. TRUSCILLO, ESQUIRE Identification NO.: 55916 113 N. Olive Street Media, PA 19063 /610\ 892-9111 IN THI COURT OP COMMON PLEASE OP DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Clyde D. and Mona Harrison Sim, h/w, Plaintiffs No.: 95-10264 vs. Charles E. and Dorothy Hallman, h/w, Defendants ORDER AND NOW, this day of , 1996, upon consideration of Defendants' Preliminary Objections and Plaintiffs I response thereto, it is hereby ORDIRIlD and DECRIlIDI Defendants' preliminary Objections are OVIRRULZD and DISMISSED, except that paragraph 8, subsection (1) and (m) are stricken. BY THB COURT: J. .... NIIIRlrORE, Plaintiffs respectfully requlist this Honorable Court to maintain this action. B. MOTION TO STRIKE S. Admitted. 10. Admitted. 11. Denied in part. It is denied that paragraph 8, sections (j) and (k) are boilerplate as specific allegations of violating traffic laws is averred. Sub$ections (1) and (m) of paragraph 8 are admittlid to be boilerplate and Plaintiffs will stipulate to the withdraw of these subsections. I 12. Denied in part. It is denied that paragraph 8 sections (j) and (k) are boilerplate as specific allegations of violating traffic laws is averred. Subsections (1) and (m) of paragraph 8 are admitted to be boilerplate and Plaintiffs will stipulate to the withdraw of these subsections. WHJ:RlrORl, Plaintiffs request this Honorable Court to enter an Order dismissing Defendants Preliminary Objections except that paragraph 8, subsections (1) and (m) are stricken. I 1 ~ 1 I I , R..pectfully .ubmlttedl /;;;~97f~'1~ Deboreb M. Tru.c~llo, ..quire Attorney for Plaintiff. BYI " . t""'l t"""\ " CLYDE D. and MONA HARRISON SIMS, plaintiffs IN THE COURT OF COMMON PLEAS : DELAWARE COUNTY, PENNSYLVANIA NO. 95-10264 CIVIL ACTION - LAW JURY TRIAL DEMANDED , \ .. I' . t ;'1 , " I . v. CHARLES E. and DOROTHY HALLMAN, Defendants ,! , NOTICIl I, Richard H. Wix, Esquire of the firm of Wix, Wenger , weidner, attorneys for Defendants, Charles E. and Dorothy Hallman, hereby certify that I have this to+)' day of October, 1995 mailed Defendants' preliminary ObJect ons, together with a Brief in support thereof to the Office of Judicial Support for filing in the above-captioned matter. Plaintiffs Reply Memorandum must be filed within thirty (30) days from November 2, 1995, the date of filing. t:..:--.., - -- c;:::__ -~ Q-IJ . c:'hard H. Wi;, 1.0. o~ Attorneys for Defendants 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 .. i' -I, . County. The costs of transfer are to be paid by the Plaintiffs. "'/1" 4mIJINUl R~ fJ/6 Illlr/,,..! 10. 17Jn> r 7><Pt -r~ 71J~ UlhJof>~ffL Pr- It i. her.ls~ ftlxth4l: 6.1.<161::6<1 lln..L }'g~A';:t&.a}l]&D 8. j, k, 1 Gild 1I1...,1... :r~iLI+IJ/'''''''IRd IMp 1,,1/.41-1.- ~~ "J)~-rt?tmIlJ~-(J e~ ~iJfl>l3~aJ.mJo cP;l~rr' ....ke PlaiR' '8' Q8I1pl.iR~ a.a 8\..ieJt8R \/1..)\ ,we Ii. 88. --..' , ,. AND NOW, this --:.i,:9-.,'lJ-day of ,:!,mJrJ~11 , 199(;, ,~-\ II~(J IM"')f/""'~ ,e~~",~ upon consideration of the Defendants' Preliminary Objectionsr1said objections are hereby sustained. It is herein ordered that this ~ "....., \'1,,, ~~~Lf '~-aJ~ CLYDE D. and MONA HARRISON SIMS, plaintiffs IN THE COURT OF COMMON PLEAS DELAWARE COUNTY, PENNSYLVANIA NO. 95-10264 v. CHARLES E. and DOROTHY HALLMAN, CIVIL ACTION - LAW ~ Defendants JURY TRIAL DEMANDED 1/ I I '._.. , ' I.,J r-" ORDBR " :.1 case be transferred to the Court of Common Pleas of Cumberland J. ~. 1\),( 1 r '\ , , .", \. ).,1,.'" I . .. i I ' I'" ;' P; "", , _',:,1,1,1:- I -:1 ":)!11';',I'\':1 , " ,:,!,-','::,ll':}? , ""1.,,_,,1.1,; . ',','" '-;,T_.'::..~.\'~" ,~ careless, reckless, and negligent in a fact and at law; and such other negligence as may well be discovered during the pendency of this case." (Complaint, paragraph 8). 11. The averments of subparagraphs 8. j, k, 1 and mare boilerplate averments of negligence are contrary to the law of the Commonwealth of Pennsylvania as set forth in Conner v. Alleahenv General Hosoital, 501 Pa. 306, 461 A.2d 600 (1983) and the Rules of civil Procedure. 12. Because the averments of subparagraphs 8. j, k, 1 and m are contrary to law and rule of court, those boilerplate averments of negligence should be stricken. WHEREFORE, Defendants, Charles E. Hallman and Dorothy Hallman respectfully requests Your Honorable Court to enter an 'Order str iking subparagraphs 8. j, k, 1 ",nd m of the Plaintiffs' Complaint with prejudice. Respectfully submitted, WIX, WENGER , WEIDNER B~ _" - , iJ ~ J . \Ucn~ H. Wix, 1.0. ,6fm' Attorneys for Charles E. Hallman and Dorothy Hall..n 4705 Duke street Harrisburg, PA 17109-30" (711) 652-8455 Dated: 3 ,I lIP I lIP />p 1'1' lIP nl Il>lt I loll .11", '" ""'~ Il>lt: P... ,I"" ''0 ""'" c..,. P", '>'<1,.., """" (.." p"" ,"", '" ',cu'" e,,:. Poll '",""~ c,'"~ Il>lt um' fill 0."'1". 5, (""''';1 8 ,( 'oc,,, Mm" ','"" I/i:; .." '''' B, ",''',,,,, lIo>IC"""l G 16i1l' flO." I.. 8. Coo,," ~ . """ ",". 'M". ".: .". """'/ 8 ( 1"11 lIill' IM.nll""'~ c.,; ("11., 8 . 'ocon, Sum.". Me,,,,, Ill" .".'''''18", I,',. (. 8 , I ',"',11 5. f,,, lilI''I 5 ,( ""P',", (,..", I", ....,I..'.I"u.." Ii',,' c."," 8 '.''''''"/5, ( fl., 8 . ,,,",. S ""II It,:" 10'''''''1. c.'I,. "8! ..ff, Olio, '"1"",.... .ISI/I IIl6l1 rldtl,~ 5. [..11 5. 'oonl I"",. \, ..."., .."".."'",,. iiI',: ."', '''10, ~.I"" ,150/1 110/0, '01 en.~ 5. ,"'." R".~. 5 ISo. ra""""1I "Ie'", '''1''",,,,,, IS611 .,,,, VOllo" ~"""OII .,11/" 110'l! '""'" 5. rOo"" ...". 5, "In' M'"".II!III., C IlV. lid HIli, Ncn'I'.'~' ( 1.016 ...h"", 8.cOl, , "Iml ' 110111 "'."1." 5 . i "I..., Co.", 5 l I"" "....." .".. lIi50 """""1 8 . , ...hlllo, s.~",..", "" IlIll 1/01" 0.,,,......1$ l iii." 51'''1 5 . , 1.11. '/1''"10 IWI I.HI.., "'. r.c I/l~i 1",,", ..".. ,." IIIlI 1i'01 1loI....." 5. 0."," ~"\b1iII' '>I~rt 8 I I..."" 0",," IlJ61 ......., ~""~ IWi ""t1llon, ~.,,,,,,.. ".150/1 H""'I P.. 5. . I.n'I', "0"", ( ISI'6 ''''"11I0, N,III" 11011 "111. 8. 1""'1..,1. ,11011 1011, ...,m.l" 5 , , (11"1'" 8 . Pv""" CI'J I.",", 1""",, 1/56' 1111'"1110, 110" ,11"1 ilIIl"ll", 5. /lu,,_ 5. I.n '""""~' '"', C 16/'1''''''11''1, 8"" IlS,~ """",'10. Scn."k,11 .,1/111 I 156li' __,. _,... ~ """ ...." '''' ~.." _. ".. ..,,~..... ,"" U.""II...." 5. /1011'00'. 5 . I,n CII,,,.. Sc.,.".," 11~19 1"'''.,8uIIN 160S1 11I1.n'.',0'0I"',,16'jl 111'1 lei" 5 l N." 8, I.,,.,, Sld.II'I. (I'J "'''I I.", v'",,'" lill! IoI.m..., ....."""1 ...,11110 15011, 1,,,_ 8. IrIc ""'I" 8 . (".. illS" ,m'IO, 0"1"'. G C 11/6' 1,lnt 1..t4I'~ "".11 ,,1lI11 11690 IMOII,OIl,? eo I N,.,,,,, 8 . '.n""IOII., 8,,," 16051, Iop,.II" ,.,,,It I SIll 111"'"",,.. c.n.II, 11111 l~aC91' N...,,,. 5. 11<"",11.8. I,nl.." Ilortl/m~,,,, 11111 ....".8".. II\:J SlInt 01.", 5o..fIllI,' . ,111I0 N"../ 50.". 5. ",.,,,,, 8 . ,I,nl"d MIIII, P R<i"I' IS81l ...100, "."" Illl! SlInI Ollldo, 8. .",,, 1l01/ M."." 5. Noo" u'"'' B . : I.n Yollldo, C.nllI 161.'0. ..", ~""' 16111 SlInt IIh.., 1",00' , .." 11m Il'll ~dIll. O~ 5 . Noo" 01,,,, B . , I," 1"tI, 1""" 1/061' ...."t, I...,,,, 1/08; 1I1.'II.'l" fll, G C '''' ISISI Iim: ""',' ~~ 5 . I N".I W"'"I''' 5 . ',n I'..,n,", 5",," 1186.: "'''"1111I0. 11I1.~n. C IW: 101''III'httl, Cl""", ,1!I51 m,s, 1l;c,1... 5. I h..,II.,.", 9 . I I.n"'dtlo, (I'J '"th.., 16811. .h..." """.1. .115/0 S.I., '''tr~ ClInlo """,,11'/0 """ "',IIdeIp.. 5 , 0""" 5 . , I.n, Gm., I"."', 5 /I.""", 116J1 III" '''0111", 0",",,, 11051 .152201 OI"~ s ~ 1 Ob~~lIo~ 5. ",,,,.m''''''d 1/86S II... L..II.., 0.".. 15l5/ lli.t Ih""., "..Iii', .,11I5/ I I);IIbrooI 5. P'ltll Poll 5 . I,nll."., N'"'i""~' ( 19'6' IImlll.. Ci.wf.1 .16')! SlIIor', Non'lom,? ""'" IISSI . 1S0El, PIlCh'" 5. P""" CI"O/ B , eo",,,, M", 6 : 11,.,."" 8 . ~""'"'P'" 119:' 1.lIor,.lIIo, MooII_, ,lm8 lilli, P"'''''III 5. P." /1,1118. 0."" Mill 8 : 11".,,1110, W"""il" ISl\6 1111",. ''''InOrIl,"" .. ,,,11680 / PomI8'''1.5. P'/r,lI"1o 8 So'"'I' 8. '/C,lIo1d, """, I/G," SIII..,'I, Solm,,~/.., "" ISSS8 iIcn.... 5. , P,I">I,' 8, 91"'8. ""IIn'.'''"" I/O!! S.II"",~" Ili)l li618, R',,",115. ~W"III,II, 8 . G lon",lIo, Ie,.,...." C 11901 ""'lnll....8,.", 16J)) hll"...", CPO 10"1 18151 '''10,,,,,, 5. F',," 8, 8", R,. P ""."d. 5. 5.,"" ".,,,11Il0 11Ii0; 50",..,11 5. S'''",o. S. "'''0110, W',1t 1"1' 15<<"""",.),,, SII,"" (F1I ~"I H,"., ,,1116/ 11161 Sam",,, 5 . sn"p~", i . P'..q" III., R . IlIdlll'''I, 8"'1., l;Eli hlllll'. H"'m,don,, . "IIISJ 1/16l' SoJI..". 5. G So,,, II,,,. 8 , G 15.. ['>01 IlIp." fII. G ( 1S8)1 SII"'''I, 11ld1.'I, C "," ISiII I Spr"1 0.,,,. 5 . r, 50,,".1 /I,ll 5 . G , "",,. ""l"'" ISIl; P"".o ~"" P S.I"I', 8 U.~i..,II. ,,11538 111011 r""" 5 . 5...,,1.8. I ""'an III', 'J," le')5 1Id1., III', Iltl"'/I, C . 1i0ll S""'lo, 8. 10'''... ",Ii'6I 11152 1.1111.1.5. II"" ,,," 9. ',Ico,"., W."m""" 11071 '/l1""1II0,8""1 1101/ IIn', Lt.o, M.CO',,,,,IIIlS 110121 U 5 Hml 8.w 5. IIor-, Soml CI." B . : ,rI.",S....., 8 . C,"" ,'lIllan. ...1""0'" .15618 1,",,1111" CPO Olcoo'I 1/103 U."",~ Q~ I. UOI.., 5. , H"I"Il 1i01l 11."'."1.0".. 15118 N"" "" 11111 1S!Ii v."", Pool 5. V.I".", lI01p"" 5. : Promp,on, WJ,", . "'i. "'11'", I,".".." 15110 S."". e,,,". ,,16055 11111 'ldlWO"' 5. V,II'I.8 , I'OIPOel.8,lIer 16051 "'It."., S<n"..,11 l/l51 SII".""llIo, 156151 .,,/ N"..I 5. WJO'~ 5. "'''Pie, ,,,.. 0."",,, C 190/6 "",,".,lIort'''''"I''d 11668 N~II.m.~ . "",liIIl '''1 p", 5 . '''1 N,lllin 8 . , P'OIP""" Wll",'II" mil: 1I.,or" I'''..., w. 5 1""'''1, 8U11. ,,,,16016 li801 ''''''''' Pon, An." 5 . G Will V,.. 8 . ,.IIlkI. ,.."", lilll 1'''1'1 ""'h, fi'I' . 1I1C5 IlIlon, 9"'.1. C . 166/1 I ."..""". 5 . w",',OUlI 8 l G ,"""'..,,,. 1.11"",,. ( : 101"'1 SprI'l. 8"'" G ( 166.'; SO,I,,,",,I. MOl,,, ... '" JIJ5J ""lp""I, """, G C 11~16, W,"tS. C ISISII'lIrt'd.lo. /lunll'lrlon 1661. 1",",8'''1.0, G C ,,181'0 1901/, "'''nil'''''. ""I", G C Ill60 ' IInlll,,", W",'," I ij:d C'':'''''I CI'J lOb.""., 8"... C . 19511 Sm", Hili, W'''''II",, '. iS310 15115 M.onl OlIO 8 · i mlsrOH. I,,,,",, , G C f,,,'~",; CPO '1""10', I""". IJ5'5 S""H""'".ltlla''''' " 1I0U 15765 IM""lomlf) eo) 15rE PAGf I: I II t.",,,,, , . , 100'''1'', 8u.", G C ISO." S"'""V'I, 8<0,,,, '" ISSSI . I8Q1J: ~C1'," locb, 1"0."1 11161: "OC. 8 . "'"""'1 P (I,'"'' C'I Ilce'",,, Mill., I.ld"" 15/71 1".nI.,. ~mll~'I"" IIU81 1'@62i'lllrlmlt.d..., 5.0"", r 0,",,, ~ Se""" ~,II. P lIce. 01.., ,..,,"' 18116 ""...8 1/761 /I,,' 1901i, 0"",8. ,,,,,,,, CI'J Porl'I' li9'., 'cel'lI/ '''"''', 'S"'lellOlI/., L"'I', '"'' 11011 . lBiIl IIII,.,O"p",.. ....... 1/080 foel" 5 , OUlk.lo, 1e",...1I 18W /1"1"1'"' 1/119, Sc",IIIII, ,. ""."', G,.."......... 1515./ W"I P""loo 8. I OUl..rt,.., 8"", G C 1895111ocklon. CII",., " ... 11856. I'" Ph,lldIIphl.j 1685S 'In, ""'. 8.rks....", ,,,,,19544, West Wyomlnll 5 ~ Qum)''tur" lJnc.1,~er, C 11586/_aCbaCld.'. So.m .~er,. C ..ISml SIl"lIrl~m H...n, SchuylklU, 17561 11",0'..., 50".,..,11. C.... 1/861~~~'~h_.._._,__ '." h'"'''''ilCI'J I"""III..G,,,,, .Ism GC'."""",,,,,,,,,,,,,11i11 1/58S II.. Gro.. Mill., C."III 168681 .I.~." C'.",lor,d. , ,1/OBl 0''''.... So.."., IS5Si, """'1..., S. II'honh.lllo, 8. IB944/"'''III', 811<11." .... 119'6, I, .IW". .., fI, ..0"", 8,jl.'d. . . 16610: l"",11I 1/5/1 I' Colltitvrllt".. ...'..,..,.... ....,....1941J ",", CPO 'Ort,,,, .. 16815 ,lillian' lip, 8 . 10"'",. CFO eo",," 11083' '.ml, 81/01." IIB]/, S,IOl., N~""."". ",,' """IIJSI ., 18aT~1"""'11I" 8"... , ,1S9'/1 8"1.,..", I'.m, QUine" fl/'"'' 1111I1''''', f,y". IWi. 10.11.." F,~,",,, ", ", "''', II/51 ISHJ fJltcalrn, 8. Plthbllfih. . 151401 "III.nt H.", Fr~fJ~lIn lWci; heln., CPQ Buw Fall:, ISOJOI.onh, UIICJ$/tr ".. 11:in Scotrun, ftlOIlrOf..."""....", ....,1aJ~5 Iii..., 50'",.,11.. . .... . 1/964 """'1 Hili., 8 , G I'""or. a . WI,", 190!1 101m, "~"II" Ism I '"n'tlo, W"I_, G ""S'U'GH, AII'lh"" ,r, PoNlIl"I' ,:IIJi. 1011'11'. "". lIi5', 1""111, 5. I SOCI.I".N""O'H."-"~:~""""'"'''''''',''~''G''' U483 \'IIl"I\ ISlJI ( 11.....8 Mount, WI'" 18/53 1"llon. 'iC.m"8 1//53 15<. PhIlJdOlph,,) ~, '1"1'"' te6il 15ff PAGE 150l) 'I...." U'"t. 1',..,. "!/IfI.1d 16611 I'oum,",. 8 S~, M.., IlOI~ C I~050) ~I'8"'" I. ,,,1.11,,,,,, ISilo I.",.., CPO 5O;mcO" 11386,101"'. a. 1"'1> 1I01l: Il!f PIG! UIJ) "'''1011'''>1. ~w..1 5 I """'~III., V"'''i' 161l! r Ran"., IICl""". 1465111011,.. 8 '10"1,,, . 19001, Ol~~, C,~ 8 . .....'"8 ~,., 8. P",I'"4" Ilmr...I.., ScI1.,..dl l/il6, 10001Ior, InOl.", ISIII, 0"""8. 8""'" 8. '''.''"''11I..8",. 1891l, I.., W"""II"" 15mi IOUIIII., Iok...",,, .1/358/ "J~ CoIIf., S 8.r~,~ HIli, 8 PlumvUlI, IndiJfJJ I~m,l 'rADING, B!r~) ~ Gel '011"''''.8 <8..'.'" Vernon ,1S0ll MCoJslc S 81'WII(U 8. G 'r~moutlt, lurer,11, G C 186511 (SH PAGE I ~20) 'aul.tt., Pelt!!'".....,...",,,,,, .18ml "orfh Scr~ntOll S i I I~',,,III' 5 . ~,mo'" M""'I, H.""," 5 l 1"',,11I.. V""IO 18m O~ F.I' 8. 8,.."", 8 . Monlio.'~, C 1i'61 , I",,"". e. 1"'''''111.. ""kll. " ., I/ISO: I",,, O~ '''1.8. 'rOO.line S I I '",no Ilk., !I",,, 13J41 M"'lPen, 8. 1001"" ~k. , .. .1I4S1 Th,",p 8 CII~. 5 · P"'no "k. p""" CPO PII", P"IS . 1"'''''1', I . I '''1 50'",1.. l . G C.ut. VIila" 8 I I.cono LIK. ,,,..",.. (I'D ,5'1>"1'" 8 . 1311 Ph,Il4,lph", II...", Solm'IIII """ "'" IlISJ (1111.5",",,, 8 . . Px,oota., . .18JH S"''''I S''''I 8. '0"''1.11101.,. 1/151 1111..1'.... So..., G C"" 111I0 '.11 011I.. ... ..... ,... .". "....1'" %11 C..., ....ul. ... ~.,' ,,".. "'''' O'iI,.. wll' I".., "",.,.", ,......,.'.., ,.11..,.. .". RI... ll.., Poll 011",.., ",.~ ItI.ur..~'lll ."1, CPO CoIlall~rt tnm., Buckl trtr'd,S. (SIt Pfldldr!D<~.~J WI, en.llI, C ., McntlM\lll) .."B.[utDll.., .tIt.~ClrtoI.C "'~iIIIIIOI.GC I, Oralo, c.., ~I', IJntUltr ., '1", S I ""'Id"11 tf '11', 5 I Sqo ~"Ibo"'1 III'lIl',luwn. cPO Sur,'ttflla'MI 5 I V.lldtri~IL, , r, "'m~tr>)/ll t~IIfIyP(C1lnon '1 'or_,OIe:ltr . IIl1rl, C\Hler, C I,PJohnllown , C.,,'.r, S. urah.. iUl,S.""", l(ton.... "'~ 1,5. Pt:~3drl~hlll :"rllllll,C ,PI'" Nort/lum~rl'nll I.,Sil)'lllr InOIlt,lJnc.,:ler .",cpo flllt",,", UcQw,nnt, C" ,lbthtmplon, C 8/1lmli>NI lootfoj~.., . Blu.8elL mOl'lIItnd... ~. U"'wtnlf7, ~ 'It.., 1(,5, '/Id~lplrjal .unihnme 8 . PlI!\i)~rl/l 'ldl,n. S.Redllilt ,SoY<lIl :PO Munq Bucks 'urn,;" Sll'l'" Iter.. IS,C, I, tylft." l.G 'SOl ....n LIST 0' 'OST O"'CI5 PlNNSYL VANIA 'U.I. 'OIlAI IUVICI 1915 Exhibit "A" 1465 r'\ ,- (' CLYDE D. and MONA HARRISON SIMS, I IN THE COURT OF COMMON PLEAS Plaintiffs DELAWARE COUNTY, PENNSYLVANIA v. 95-10264 CHARLES E. and DOROTHY HALLMAN, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAICIPI TO THE PROTHONOTARY: Issue a rule on Plaintiffs to file a Complaint in the above case within twenty days after service of the rule or suffer a judgement of non pros. NOW, tJit~v/ signature:," '".. ,... - ....( // 1(,_~ Print Name:Rlchard H. wix . Attorney for: Defendants' Address: 4705 Duke Street Harrisburq, RA 17109-3099 Telephone No.: (717) 652-845~ Supreme Court I.D. No.:0727 DATE: October 16. 1995 cl -,- / I , 19 /2, RULE ISSUED AS ABOVE. /'- . . , , ;7"l/'1'"t-v By: Deputy ,I, ", ,.. ..: " , .' ;\1 ,,) 11 ~ ~ 'i .\ " CI CI LU g /. Cl Q 0 F; ~ LU ~ 8 !:i: ~ ;!; ? 1- '" ;z ,g :;j ~ <. I;; :r. ~ ~ " '" ;J , , " - " i::i '" ~ ,n ' LU ;Z " ;Z ~ ~ 0 /. U '" '" ~ 0: ~ '0 0. ' 0 7. 0 ,S u ~. ~ ~ LU '" " ~ ~ ,- x 01 ~ '" .... ~ ..,. _. -...... ... ........ . . t""'I ,'-" DELAWARE COUNTY COURT OF COMMON PLEAS NOTleB 10 SDYI CASE CAPTION: Clyde D. & Mona Harrison 81mB, h/w Flnlnt.if'fs, CASE RECORD NO: 95-10264 ~- vs. Charles E. & Dorothy Hallman, h/w, Defendants I Deborah M. Truscello, Esquire attorn.y for Plaintiffs, Cl~de & Mann Sims h.reby c.rtify that I have instructed the Court Administra or's Offic. of D.laware County to s.rve the following parti.s with conformed copi.s of the within rul., p.tition and/or motion, and Misc.llaneous Court Form; and, that I have provided a sufficient numbe, of copi.s and addressed, sta.ped .nvelopes, including certified .ail c.rtificates for pro s. parties, so that service .ay be .ad. on the prop.r parti.s at the proper address.s: LIST OF PARTIES TO BE SERVED: Nam':Deborah M. Truscello, Esquire Address: 113 N. Olive St.reet, Meclin, PA 19063 Phcne~ (610) 892-9111 Atty For:Plaintiffs, Clyde & Mona Sims Nam.: Charles E. Hallman Addr,sS:1627 E. Caracas Avenue, Hershey, PA Atty Porl Pro Se P~nel 17033 Name: Dorothy Hallman Addr.ss: 1627 E. Caracas Phone: 1,7,933 ) /~ . I ( < I Avenue, Hershey, PA Atty Por: Pro Se " Data: ~-.... .~ DO NOT WRITE BELOW THIS LINE TO BE COMPLETED BY THE COURT ADMINISTRATOR'S OF~ICE This is to v.rlfy that on (Dat.): copi.s of the p.tition/motion and .nvelopes A~inistrator's Offic. to .ffect service on such copies beina mail.d on the sa.. date. SIGNATURE: Check below if applicabl.. () S.rvice will be .ffected by personal service. Co..ent: a sufficient number of w.r. supplied to the Court the above na.ed individual., "1' ~ ,-.. DEBORAH .1. TRUSCELLO, ESQUIRE Identification NO.: 55916 113 N. Olive Street Media, PA 19063 /610\ 89?-9111 IN THE COURT OF COMMON PLEASE OF DELAWARE COUNTY, PENNSYLVAHI~ CIVIL ACTION - LAW ATTORNEY FORI Plaintiffs Clyde and Mona Harrison Sims, h/w Clyde D. and Mona Harrison Sim, h/w 100 E. Glenolden Avenue, #S-9 Glenolden, PA 19036, Plaintiffs No.: 95-10264 JURY TRIAL DEMANDID vs. Charles E. and Dorothy Hallman, h/w 1627 E. Caracas Avenue Hershey, PA 17033, 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 this Complaint and Notice are served, by entering a written 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 their rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCI. IF YOU DO KOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TILIPHO.I THI OFrICI SET PORTH BELOW TO FIND OUT WHERI YOU CAN GET LEGAL HILP. LAWYER REFERENCE SERVICI Delaware County Bar Association Front and Lemon Streets Media, PA 19063 (215) 566-6625 ,""' ,-., ATTORNEY rORI Plaintiffs Clyde and Mona Harrison Sims, h/w DIBORAB M. TRUSCELLO, ESQUIRE Identification NO.: 55916 113 N. Olive Street Media, PA 19063 /610\ 892-9111 I. THE COURT or COMMON PLEASE or DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Clyde D. and Mona Harrison Sim, h/w 100 E. Glenolden Avenue, #S-9 Glenolden, FA 19036, Plaintiffs No.: 95-10264 JURY TRIAL DEMANDED vs. '-- C":-J I:::J tOO c: .... j..' r:., ........"1 (.) ';';':"J , , ~ , ..,. .. .,"" '" . ,. ~ " .. ~,.. I 0" , , " , ~') , -0 " I"'" :, = :"1IU..i l :>J - );~ -I L.Cl U'1 Charles E. and Dorothy Hallman, h/w 1627 E. Caracas Avenue Hershey, PA 17033, Defendancs COMPLAINT 1. Plaintiff, Mona Harrison Sims, is an adult individual residing at 100 E. Glenolden Avenue, #S-9, Glenolden, Pennsylvania, 19036. 2. Plaintiff, Clyde D. Sims, is an adult individual residing at 100 E. Glenolden Avenue, #S-9, Glenolden, Pennsylvania, 19036, who at all times material herein is the husband of Plaintiff, Mona Harrison Sims. 3. At the times material to this Complaint, Defendants, Charles E. and Dorothy Hailman, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein. 4. At the times material to this Complaint, Plaintiff, Mona Harrison Sims, owned and was a passenger of a motor vebicle whiob was involved in an accident, the details of which are ~re fully set forth herein. . -.... i ,: I' I. . 1"""\ ~, 5. At the times material to this Complaint, Plaintiff, Clyde D. Sims, owned and operated a motor vehicle which was involved in an accident, the details of which are more fully set forth herein 6. On or about August 23, 1993, the aforesaid operators were at the Plainfield reststop on the Pennsylvania Turnpike in Dauphin County, when Defendants, Charles E. and Dorothy Hallman, so carelessly and recklessly operated their vehicle so as to cause their vehicle to collide and strike Plaintiffs' vehicle in the front, several times, causing Plaintiffs severe and serious injuries which are more fully set forth herein. 7. The collision was solely the result of the negligence and carelessness of the Defendants; Plaintiffs were in no manner whatsoever responsible for the said accident. 8. The negligence and carelessness of Defendants, Charles E. and Dorothy Hallman consisted of but not limited to the following: (a) failure to properly operate and control their vehicles; (b) failure to stop their vehicle in a safe manner; (c) failure to keep a proper lookout; (d) excessive speed under the circumstances; (e) failure to keep a proper distance between the respective vehicles; (f) failure to exercise due care under the circumstances and dr.ive appropriately in a parking lot; (g) failure to properly apply brakes; (h) in permitting or allowing the vehicle to strike and collide with the front of the vehicle operated by the Plaintiff.; " -,,- f"'" ~ (i) in failing to drive at a speed and in the manner that would allow Dehndant to stop within the assured clear distance ahead; (j) in operating the vehicle in a manner not consistent with the road and area of the accident which was a parking lot; (k) violating the ordinances, statutes, and regulations of Dauphin County and the Commonwealth of Pennsylvania with respect to the proper operation of motor vehicles on public thoroughfares; ( 1) in being otherwise careless, reckless, and negligent in a fact and at law; and I I . . . ! it. 'I (m) such other negligence as may well be discovered during the pendency of this case; COUNT I plaintiff. Mona HMrriaon Sima. va. Defendants. Charle. E. and Dorothy Hallman 9. plaintiff, Nona Harrison Sims, hereby incorporates by reference the allegations continued in paragraphs 1 through 8 as though fully set forth herein at length. 10. Solely by reason of the aforesaid negligence of incurred great physical pain and suffering, mental anguish and emotional distress and injuries of bones, muscles, tendons and ligaments, including by not limited to cervical strain and sprain; lumbar disc herniation at LS-Sl, acute lumbosacral strain and sprain with degeneration; LS-Sl radiculopathy; decreased strength and numbness of the lower extremities; acute anxiety reaction; insomnia; limitation of motion and severe shock to the nerves and I r. I I ! Defendants, plaintiff, Mona Harrison Sims, has undergone and nervous system, all of which Plaintiff has continue to suffer from and which injuries may be permanent in nature. 11. As a further result of the accident, Plaintiff has -3- ""'" ,-.. undergone medical treatment including surgery and will be obliged to receive further medical treatment of which Plaintiff has incurred and will incur various expenses in excess of the limitation of 75 Pa. C.S.A. Section 1712, et seq. For the injuries Plaintiff has suffered and may be obliged to continue to expend such monies for an indefinite period of time in the future, all to her great financial detriment and loss. 12. As a result of the aforementioned injuries, Plaintiff, has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, a claim is made therefore. 13. As further result of the this accident of aforementioned, Plaintiff has suffered and may in the future suffer mental 3nguish, emotional suffering and other non-economical losses. 14. As a further result, Plaintiff has suffered interference with her usual duties, chores, life's pleasures and opportunities and may continue to suffer such interferences in the future. 15. As a further result, Plaintiff has suffered great humiliation, embarrassment and shame. 16. As a furthar result, Plaintiff has in the past and may into the future be caused to suffer a loss of her normal pleasures and enjoyments of life. 17. As a further result, Pli;\intiff has suffered such injuries as might me discovered during the pendency of this cause of action. 18. As a further result, Plaintiff incurred property damage to her vehicle in the amount of approximately Two Hundred Dollar. ($200.00) -4- -""' ~ WHIRlPORE, Plaintiff, Mona Harrison Sims, demands judgment against the Defendants, jointly, severally or in the alternative for a sum of money in eKcess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of suit and delay damages. COUNT.-Il Pla1nt1f.L.. Clyde D. S1ms. v, Defendants. Charles E. and Dorothy Hallman 19. plaintiff, Clyde D. Sims, hereby incorporates by reference the allegations contained in paragraphs 1 through 1(3 as though fully set forth herein at length. 20. As a direct result of the negligence of Defendants, as aforesaid, and of the injuries to his wife as a result thereof, Plaintiff, Clyde D. Sims has been dp.prived of the comfort, companionship, services, assistance and consortium of his wife and will be so deprived for an indefinite period of time in the future. WHEREFORE, Plaintiff, Clyde D. Sims, demands judgment against the Defendants, Charles E. and Dorothy Hallman, jointly, severally or in the alternative for a sum of money in eKcess of Fifty Thousand Dollars ($50,000.00), plus interest, costs of the suit and delay damages. By: Re.pectfully submitted, :;r/;~'ai};/1];;u~tttr'-'A / Deborah M. Trulcello, Isquire Attorney for tbe Pla1ntiffl -5- ..J~ SH~~IFFS DEPART~'V1ENT DELAWARE eOL~N-TY FROIolT STflEET &.VETERAIol, SQUAflf, MELlIA PWIol,YLVAIolIA 19063 12151 ~91.42!J6 SHERIFF SERVICE nNSTRUCTIONS 'OR SERVICE ~ 1'1IOO11I: Vou mUll Hie..... PROCESS RECEIPT, Ind AFFIDAVIT OF RETURN I ~I:l'~t~,r~~~d""_~~,~ ~"~_"_ _._ rPL:AiNTiFf/SI ~' COUAr NuMB . ~"",\._ '0;;> .Clyd.e D, and Mona Harrison Sims , h/w 'V 30EFENOANTISI .. TYPE OF WAIT OR COMPLAINT E adD roth Hallman ,h/w Praeci e fo,,: Writ of Summons .ANY LORPlJHATldN Ere TOSUWICf _n~ 8 Doroehy Hallman 6 ADORES!; 15110el or RFD Apilr/rne!1t Nl) Clly Boro_ T'A'p Sldl... AM lIP CorlftJ ._.~T _ '" u 1~27 E~as Avenue, Hershey, PA 17033 7,~~~~ RVICE, AILD[)fPUTllE DPOST DOT"EA No , -d9 . '" ,SHERIFF OF DELAWARE COUNTY, PA. dO h . .. ,,' .._ County to execute this Wilt and m to law, Thl epu allon being made at the request ann IIsk of the plaintiff ~""'QALINIT ." 10Na OR OTHIR IN'.O~~~~~:IRVIC ""0"."0 \~'-\M6t, TI NLV """'ICAILI ON WAIT Of IJIICUTION N e, WAIVER Of WATCHMAN - Any dt!pllly ~he/Ilf II!~YIr1!) upon ur alldchln~ ,In\l properly UIl ur Wit .n writ m..,. I....". IIIme wI'h\Jul a walchman In CU!ltCljy 1)1 ""h()me~l!r I!I loum) In p()~Se"I(Hl ,INer notll"lng p8lSfln or II,/~"" or allolchmenl 'A'llhOllllrabilllv on t.~~~!...9,~,~~~~_~_'P~~l.9!..t.~!': 5.hllF,lt 10 any plalnl'lI he,,?,n 101 ilny IUS!> e1t-'Mf\Ic!II)n llr rem!)"-,ll ot .Iny !lIJch properly belr)'" !lhe,lfl's S.1I1e thereot .. PlilNTITVPE NAME AND ADDRESS OF ATTORNEV/ORIGINATOR 10. TELEPHONE NUMBER Ill. DATE Mona Hl'Irriflon Sill\s, Pro SE 0) 8~92- 1 8/21/. 113 N. Olive Street ( 12. ~.J . ~ Media PA 19063 r,~. . ,. . LOW FOR U8E T T WT 13 I aCknowl.dg, reCtlpl ollh. 'A'rll I SltJNA 14 Oll~Fileh or complaint IS Indlcaled ebo~e ~ f>' I C l :J .' . . Tf. IE COMPL ~ EO IV 5,HERI'f . 16 S.".d and mall'! ~n IQ J;j!J, /L....'c< ,''V J L "MtJ.:.4~; Ji.:....Jd.,....c.'.." . ~;'':=.u~!I'' dayol ~?:Ji!:.<t tl<QI'LJJ'~.-,tj," Ie, F' Commonwealth 01 Pennaylvsnul, In the manner described below ~efendanll'. personally ..",ed dull famIly member with whom said OijlendanliS) reslde(s), Relallonshlp IS o dult in charge or Defendant's reSidence, o Manager/Clerk 0' place at lodging in whIch Oftfendanttsl reslde(s). o Agenl Of pef'!KJO in charge 01 Defendant's otflce or usual place 1)1 bUSiness. Docket. Y/!L . Oelendant(s) oclock. 11:. _. M . Slreel. County or Delaware. Z/. ,.<--4-l-~,.-k , o Othor _ On Ihe _____ day of a,r,ndant not found because o Moved 0 Unkno\o\on 0 No An:o.wer 19 , al . o'clock, M o V deant OOlher REMARKS RETURNED '1- 8 >r,Vs ~"" , rt' , 17 AHttlMIO'.nij 81Jt!SCllbpe) If) ~1C)tt me l/'lI!1 '. /, " SO ANSWIR, ~ da'f 01 (, . t -. '9 '18 ~..tur.'t1 I ,II /,g Oal. ~4 /~1_-<<-\./).,l/1 k :."...:..'c',t.l, . (V,i,,_. . ;/1~~n"lIH' 'I! 'i~"'.ltI . " n n.... . , 1 !J~HIRtmm~ n Nulllry Pl,I)IIC M.V C;;9.~MISSION EXPIRES l4 I ACl(NQWLEOG6 RECEIPT OF HIE IM.f1Uff', ".TUftN 'IONATU'" 0' AUTliQRllEO ISSUING AU THORITV AND TI TLE J~ Olllll 1~f1n,."(1 ~r:'lO 11'16 ~ . I ' ~' II i r J I . IIJ; i I-Il.)) ~ I J 't :}''''-\ , , ~\ ,-'\ ''', , " r'~ , r{\ I , '. \ " 'r'~,_., '1_'"',) .. " '" . ''tcJ U, 1;./ "\~ V 1,/,; , :10 J.-I//j 'I', ';.. i J'! ,'/ / "1; I. 56, NJ,~" t Il8nv 03,1/3 J3~ , ,) It) (' WI sEll 50' . ,.-\ "--:0-'" "- -"'..- , . , I , I'. " . \30 "i\:.I\O\\r , ,jl\;\O I I ~1S J I"~ \. \ , /, ,\ 1-,\ "1'10: "I 1'1 I~,!('\ I,'" ", .. ~. f' " "1 ,~" i "."i,~' ~,. r... . " 't Ji" ,I, '.j> ., ~~-.,~,. " ~: '. '1 I.! 'll i' . ,. ': " ,.J. ..-, ,.- SHI::AIFF'S DEPAR1IVlENT DELAWARE COGNTY FRONT STREET & VETERANS SQUARE MEllIA. PENNSYLVANIA 19063 121~1 891,4296 SHERIFF SERVICE INSTRUCTIONS'OR SIIIIVICI Of PIIOClUII: 'IIIu 1IllIII1Ile_ PROCESS RECEIPT, Ind AFFIDAVIT OF RETURN ~1~t=~r~~Cf'~~~'~'__ ~ l-PLAiNi"IFF.,-SI 'J cou~f NLJMUER ' I Clyde D. and Mona Harrison Sims, h/w ...J '. 3 DEFENDANT/SI 4 TYPE OF WRIT OR COMPLAINT Hallman h/w Praeci e for Writ of Summons l N. HC TO SEJlVlCE Charles E. Hallman 6 AQOAESS lSl'eel or AFO, Apanmenl No elfv. BOlO, T.....p Slot'. IInd lIP Cnd!) 1627 E. Ca cas Avenue, Hershey, PA 1/033 su . VICE MAIL ,~EPUTl~~ 0 POST DOHtEA . . I. SHERIFF OF DELAWARE COUNTY, PA . do hereby deputIZe the She"" 01 _ _ County to execute thiS Writ and make r rn there cc rdlng to lew, This n9 me de et Ihe request and risk or Ihe plain Ii" "-PI-CtAL~TION' 011I OTHI~ ~TION THAT WIL,L ASIIIT IN IX~IDITINQ Sa-RVICI ~.jJsp"~' ~<L ~~'" Q."''GI~ J,r ~ In,o".N.) l~rJ<7~ ~ ""'-l ( '" Amounl Pd ~_~37 ~~<;i7 ~7~ 'f...t--~... , ~:;". ~W7/.m cQ} NOTl ONLY A'''I.ICAILI ON WAIT 0' I=:-~'.-=VIA 0' WATCHMAN - An, ')'p"l, .h."",.,,'nq upon 0< ""'h.nq an, p'op.'" ~ Within wnt may lelve sam, \llI,IhOlJI II wlllchman III C1Jst,)dy ,)1 whom~vl!r IS 10lmd In pO!'l~a5!\'on, aher nOllfYlng penon olley... or 11Iilehmenl without liability on 1.t'!:~rJ..O~_5~~~_~'PIJ.Iy'~r !_~e.5"lHI" 10 any plalnllll ht!IftH) r'>r any (,,)5$ dlt5Iru(Ilf)n Of 'emm,ll 01 .Iny such plOp'fly bolO'1! shen'f's '.111. mltreol .. PAINTITYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER f11. DATE MaLia Harr1sonS'ir.w, preSe ' (610) 892-9111 8/21/95 113 N. Olive Street ( -, . Media, PA 19063 1~ PAC! BiLOW FOR US! SIGNA T "'-' ~~ I~:r~d _a~"1'l.n~ 10 day 'f:;N BH RI 'J' ~\'La~~c;o 14 ~~'nc(:) . TO BE CO~LE.T .l? SY SHEA'" ,. """";;;!l.".? C./C"t-:. L ,I. '''> '::' ,.v O,y. ......... ''/.;-- 'J ',r' .',L&~ .1.c1.d..., ~~. ' ... at _._.___.____,._ .~~ . ,., - -, - Commonweallh or Penns)'lvanlil, In lhe manner desc:nood below lI:OefendBnlls) personally served ";!!(Adull ramtly member With whom saId Defendant!s) resld~S) Relationshlp'$ o Adult ~n charge of Defendant's residence o Manager/Glen. 0' place of lodginy In whIch Oefendanltsl reside(s) o Agent or person In charge 0' Defendan!'s offiGft or usual place 0' bUBlness 13 I aCknow'edge receipt cl the wr.r I or complalnl as Inrllcaled above ,~ f ._.. - , ~,'endanr(s) /~I",/~':J o'clock, l't' _ M, Streel, County 01 Delaware, DO"," , On Ihe daV of Dlflndant not found because CJ Moved 0 Unknown 0 No Answer REMARKS RETURNED 19 , ., . . ..... o'clock, _M o Vacant DOthe, 'Y-y 0- to,) 10 ANIWIN 11 AFFIRMEO and slJb!lcr,hltll to belore m.'h'!1 20 da~ 01 19 -l f:.;' J:I..'~"'''''''''''''"<C''''''' /"(: ~ .," ~',/ 11 , JJ..........J.___.... ~TY '" 0... n D.". 13 Nul,tlyl>I,l)I+-; ~.'( Cq~.~ISSION EXPIRES 24 I ACI<NOWLEOGE RECEIPr OF THE IH.R''''IR,TU'''N IIQHATUIIII 0' AUftiQRIZEO 1,~iU'NCi AurHQAlfv AND TInE ;~ Oall/ Il"u,,~..,1 0(:')0 I IUW i' " I' j' I I l I I II, ,~( 11 '( . . ... , '. , , r:,~ '-" '!IS 'to -, '''q () <::I ..., .. ..,., -. , . " \ '. , - ....' - ", ..... \..l VI 'I , ,~ 'ri "1 .' :-" c;: '~ 1;"" r1' ;') ".1 ~ " " - . OJ,1..AwAAE. COUNTY COURT 0.. COMMON PLEAS oFrIC~ or COURT ADMINISTRATION Clvn, PROGRAM AIJ':l"CliiIM'IC c:::BIa'II'XCA2'IOII (To I. riled In Duplicate) ~1 C... C.Ption , ~lydl!_ 2J ','lnd AI"lvjJ 1"1 ;1:'''1'1 J:,,,,~, 10 , lotlE, G/~'N"II('1V I!~(! 115 '9 a/Ol" !deN, /7:1 11o;~" (I';I 1 // ) 11,1Ir1rlf1,5 d (J h<<l-li.s F and ,:7h,,/!''1 I/... Ikt!tlt'} /~.J '1 r (lan~ ('Q.s ,4"(;'~'e //e,~h.7' .(ft I'lD;'B C..e R.cord If~ber tJ~, I()/~&I co~l.lnt Date or ,",rit C.u 'l"nte 0 e Trl al (0 ( ) ( ) Juey Non-Juey Aebitc.tio{) Kind of Ca.e ( vrCivil Action ( ) Equi ty ( ) Malpractice (Non-Medical) ( ) Malpractice (Medlcal) tot.l AlIlount of Sui t OVeR." _-so. ,:1(}(), t'lJ hp.cUd NWlbee of wi tn..... j -10 Attocn.y/Oneepre..nted p.rtl.. Supu.. Court I.D. . - N..e. ('/yd" ]>, Cl,I(.l /lI"IVt1/1anls(.rn ..)1117 i", h/t" Addu... 100 t . Glwv() h<!tV Aw ,# s"? @/(.N"ldr.N PI1 I?()~(P Phon.. (~/ol~!J-<3'? Atty POU .M /~ ,I ~(~II))89.J-9/11 Supr.me Couet I.D. . ~::' .~/~r//$ r t'J.l'ld Th-.,tI,tj l/(lIlm{J~t- e /t.t':J.'7 (I'''~('aj AvR;/~ Ilc/'$lltI'I "i14 I 7(JJ-:1 Phon., (Atty Poe, Supee.. Couet I.D~ . N.... Addee... Phon.. Atty Fora ( ) A.be. to. ( ) Arbiteation App..l ( ) Oth.e: Approximate Trial Till.' 3-5 d,-s Supc... Couet I.D. . H..... AddU..' Phon.. Atty FoCI SUf'reme Couet I.D. . Nam.1 Addee..: Phone. Atty FoCI Suaee.. Couet I.D. . H...I Addu... Phon.. A tcy poe I ( ) 110 CClla.nion C.... . Aee th.n .ny cClIap.nlon c.s..? ( ).YU It -YES-, .tt.ch . li.ilar certific.te foe .ny cOllp.nion c..e(A) or explain re..on(.) for ltA ab.ence. '" " .. " I ") . , . , ,..'} " " , , .\ ""tI', t ....,. "1 (!4,~ 7) 'I' /Ir."ll" ~f.,:, /~'H) .5..:....!n !he Cout't of COClllcn Plotas of l Cumbarland County, ?ennsylvania ) ) e., Ilftt'l;~/ .'~., ; lot', C...::.t 19 9 (,. ~o. , .') J'/~- c12,~&~ OA':H We do .olamnly swear (or a~firm) the Conatitution of the ~nit.d State. ~ealth and that ve ~11l di.charge the thlt we will .uppot't, obey and defend and the Con.titution of this Common- duties of our oifi~e ~1th fidelity. /'/ A ': / Y:':% ';: :' . a_r:nan .\WAltD ) (or We, the under.igned arbitrator., having been auly appointed and sworn affirmed), make the following award: (Note: If damages fat' delay are awarded. th~y shall be separately stated.) /7 y . ,) Vn --~~,,<. ~/ Z.4 /.J.~~~-' 1;:./< / ".7.~ ~ ,,~ .... I' -I, .' "~<> ~"'VY'\(r~_f c. )IT;....) . ~'~rt:, - i/ .-c.......... L76. Arb i tra tor, di..ents. (Insert name i: applicable. ) Oate of !Iearing: /(1 .1 3 <17 ::late of Award: ,/eI Z } 97 -' ~orIC~ or ~y OF AWARD ~ow. the.<5~(~ay or Och.,bUl... ,1952... at,L~. ~.:I., award '.ras entered upon tl1e docket alld :Iotice chereof gi'ten by :nail partie. or their at:o~evs. the above to the Arbitrators' cocpensation :0 ba paid upon appeal: S~(). {)l\ /d~;nh'"'' , r'- '3,.: _A,", {l /~ Jl Ik;, ) (', ("I'Otl1oCotar;, c.. ~'-'I..l}'~' r O ' ';lucy J}s. ;; , '"'_.# 'I I I DOUGLAS, DOUGLAS & DOUGLAS J1 W. HIGH ST. POB 161 CARLISLE PA 17013 TELIlPHONE 717.143.1790 l( wn.LIAM p, DOUOLAS, !!SQ, Supremo Court [,D.. 37926 GEOROE F, DOUOLAS. m. ESQ. Supremo Court 1.0,. 61886 ! CLYDE D; AND MONA HARRISON SIMS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF I 1.6 1996. 214~ _ CIVIL TEAM CHARLES E. HALLMAN. I I DEFENDANT'j CIVIL ACTION LAW To: Lawrence E, Welker, Prothonotary PMEClf,E Please mark the docket in this case sat~sfied and discontinued. Date: January 22, 1998. DOUGLAS, DOUGLAS & DOUGLAS by )" ' ,'I (\(' r I .. I J I V 'I "~)" ,I., r. I;' I Attorney for the 1 ,'I ...., ,C_" '1' ",,~:" (ne, './1' "'.. " Y' ',0 I;) 'I , . .. ..",. , . '/ '. 'I:' , ,.. ii,'J ,If:) .;"/1 "' " ,)(\1 ,~: , ~j .... \ . ,t__/ r: I~ 1'" (.) I," .J. ;-,' ')', '. . . , ::'/ -, t..) " ~. '..., ,': Ii ,1"1 .J .!' ',' , '.