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Home My WebLink About96-05468 1 ~ U \J ~ '" '> ) <) ., ~ ~ . .. ~ , ( ~ ; / , I I o. ;7. IIIP ,i~' v .... > - ~ -.J (il H ~'-IA\ ~~ij;I1_.1 11')'\,;,\,,(\,1; t "~"l /t""'J.V 1'1 ,';/'j 'f"". f"':\~ ;',1f"l."f/P ,,,,l!"~~ ,>dl,."1 t ....., j" _,.111' "f' <. ni";'!"\' (I )0 ^ VU . , 'H'.: ~Hn~-HJ (H~1fH:)SHnS qNV i(j]\HH.,-iV, ~IHl NH{)V6 toll {I " ;; 1.11 ^"! \.."',tjlll.H._Pf'l.'c ~1-j~,O." \:vp.....n .t~"l.J., !.o' 1'.1""'-;i'1 'l ,I' ",',' ':I"tj ,IYl \JJUq-,', .':1"\"1", V., ""...: Gl ,j.j! I"l ;;(,.111 jP,...h1'v .11 ,'J~r'N ":"'\!" '.' ll" '.I.i~'(t.id.~11 j,;,':':...... ,I: ._j'.; "oj ':"t... "4' r;'f',.,,,, 1 ..'~i ..i;4.i1d1f ~ll,r ....,. i/o-'l"': ,- td ,.-j,,, ". ,,~p{;. ,,~ I..; 6i 1 <J~',ln 1,,0: , !;~<i I', ',wl.1' J.i"I_l,~l :;:;,\i,Jt"Jf-'..4J1','1 '" fii"" , . ~. :. ,I",' '!T,.. .p"l,f,;,,"',.'1 tl....!'),...lj ^q ',; i : i j I' ~. ;';;.1;;" ~l r )1" j' C "'_Ii ,',. " ..,.. ,I'~" ,t, .",1 f n (" f' ~~ f' ,~ '<<'i) .f> ,-fl;\-, .;(', ""t~'N "ql i" .10.(1(\:1 P I"'.,' :l"-"-'",,?:"."';:"jf 'iINo'OIHV ~.. _. 'j(J \J.",no:) .,tN'Y^ 1 UAl:i\i ld 40 Itl1YJA.\NO.....<'J --;J.. J ,.{(:'P ),;,J,.F ~. l.j'i' 1';1,:," ,;.,1:.<,.., :;,.'.. ;:,"~, _.j ", : "~I . _ .'~ ,; ,l#! , 3JU.o~ 3:J1M:13S :10 :lOOtf.l ~ " l:' 1. .. " iNI\flc1WOO 311:f 01 .'I1nu ON\.' W3c1dt' .W ., .... ~ '- ~ L \ ~ ... ~ "" - ... \:) ~ -' ~ i ''<''0 , .... t.. - ~ "-' . ~ ~ ~ ... " '\j "" tJ '- '';'' ~ -0 ~ -" "" - vo ~ \.-- .. ~-"") "< ..... -- ")' - ..... ....." ~ . ..:::r ~ - ~ .. - ~ - ~ ' ~ '" - ....... ~J Ir'O "'... t - ~ " ..... - ,..("" .~ . ~,....,... rot-" ~ J: - - ..... '-l(. "'~. - - . '-. ~ ',~. ~ c, .~ COMMONv.EALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND -..ag G.c No 09-3-04 OJPum. tton GLENN R. FARNER ...~.. 5002 LENKER STREET MECHANICSBURG, PA T~a17) 761-8230 17055-0000 ATTORNEY FOR PLAINTIFF : RAMONA C. CATALDI, ESQ. 3211 N. FRONT ST. P.O. BOX 5300 HARRISBURG, PA 17110-0300 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF. NAM[ and A[){)R(~ rpHILIPSON, WALTER W 125 KOST RD. CARLISLE, PA 17013 L -, .J VS. DEFENDANT: r;; NAME and AOORESS FREELAND, RONNIE C, ET AL. 55 COFFEETOWN RD. DILLSBURG, PA 17019 L -, -' Docket No,: CV-0000266-96 Date Filed: 7/11/96 THIS IS TO NOnFY YOU THAT: Judgment: [R] Judgment was entered for: (Name) [!] Judgment was entered against: (Name) in the amount of $ 2,368.75 o Judgment was entered against LandlordfTenant action in the amount of $ on The amount of rent per month. as eslablished by the District Justice. is $ o Damages wUI be assessed on: (Date & Time) FOR PlAINTIFF. PHILIPSON, WALTER W FREELAND, RONNIE C on: (Dale of Judgment) o This case dismissed without prejudice, o Possession granted, O Possession Qranted l money judgment is no! satISfied by time of eviction. o PossessIon not granted, o Levy is stayed for_days or 0 generally stayed, o Objection to levy has been filed and hearing will be held: Date: P\ace: Time: 9/16/96 ina (Date of Judgment) Rent in arrears $ Damages Unjust Detention $ Damages to Propertyl Resldentl8l Lease : $ Less Ami Due Defendant - $ Amount of Judgment = $ Judgment Costs $ Interest on Judgment $ Altomey Fees $ 2.303.75 65.00 .00 .00 2.368.75 TOTAL $ ANY PARTY HAS THE RIGHT TO APPEAL A JlIOGMENT INVOlVING A RESJOENTIAI:~FECnNG THE DfLNfRY OF POSSESSION OF REAL PROPERTY WlTH!N 10 DAYS OF THE DA~~ 8{ FILING A NOTICE OF APPEAL WITH THE PRO THONOTARYICl.ERK OF THE COUR~OF . . PLEAS:tM\.DMSION ANY PARTY AOGRIEVtD BY A JUDGMENT 'OR UONIY OR A JUDGMtNT VlNQ A HQN('11lOOlTtk LUll MAY APPEAL WlTHIH 30 D4YS 01' ENTRY 01' nil JUDGUtNT IY fJUNQ A 01' APPI4l\. WITH ~ PAOTHONOTARYiCURK 01' nil COUM 01' COMMON PUAa. CMl. DMSlOI\ _ , \ ': i _'Jf o.e '\ :'. , Olstnct ~ I ct!rt"V tIlallhls is IllUe end ~ ccpy of the I1lCOltI olltllt procNdlllgs COl'~lQ the ~!l8i~ 0.. .___~'.:'~~ST~ JustiCe Uy (O","ml'llOl'l elp"ft'I "'" U<,.l<Uy of JilIlIJaIY ,,.. SEAL A-\.~="~~ -'r ,.-.. . i :.. ! . . U,' ~'"~ - , , t;) , CJ C; ~' " In'" 41:' ( '- I ...~ '-' L"'; -J . COMMON~ALTH OF PENNSYLVANIA ~OUNTY OF: CUMBERLAND M.g 0Itt No 09-3-04 DJN.,... HcwI GLENN R. FARNER "",'... 5002 LENKER STREET MECHANICSBURG, PA '- 017) 761-8230 17055-0000 WALTER W. PHILIPSON 125 KOST RD. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: NAME and AllOAESS rpHILIPSON, WALTER W 125 KOST RD. CARLISLE, PA 17013 L V5. DEFENDANT: r- NAME ~ ADORESS 'FREELAND, RONNIE C, ET AL. 55 COFFEETOWN RD. DILLSBURG, PA 17019 L Docket No,: CV-0000266-96 Date Filed: 7/11 /9 6 THIS IS TO NOTIFY YOU THAT: Judgment: , B Judgment was entered for. (Name) Judgment was entered against: (Name) in the amount of $ D Judgment was entered agalnst LandlordITenant action in the amount of $ on The amount 01 rent per month, as established by the District Justice. is $ D Damages wm be assessed on: (Date & Time) ina (Date of Judgment) Rent In arrears $ Damages Unjust Detentlon S Damages to Propertyl ResldentlaI Lease : S Less Amt Due Defendant - S Amount 01 Judgment .. $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ TOTAL $ --, --1 --, --1 DISMI!ijlED W (0 PREJlmICE, Aq,AINST JO~EPH WINTERS AND THE NAME OF PAULINE FREELAND HAS BEEN REMOVED FROl THIS COMPLAINT. on: (Date of Judgment) 00 This case c:lismissecI without prejudice. D Possession granted. D Possession anted if money judgment is not satisfied by ~ of eviction. D Possession not granted. D Levy is stayed lor _ days or D generaDy stayed, D Objec:tlon to ~ has been IiIed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL A .JUDGAIENT INVOl. VING A RESIDENTIAL LEASE AND AFFECTING THE DfLNfRY OF POSSESSION OF REAL PROPERTY WITHIN fO DA~ OF THE DA TE OF JUlJGAIENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON Pt..EAS, CMl OMSION AH'I PARTY AGGRlEV!D BY A JUDOMENT FOR MONfY OR A JUDGMENT INVOLVING A NClNRUlOINTW. LUSE MAY APPEAL WITHIN 3D DAYS Of THE JIJOGUENT BY Fll.INQ A NOTICE Of AI I UL WITH tHE PAOTHONOTAAYICLERK Of tHE COMMON ~Oate I Cl!lt1ly ttwl this IS . tNll and ~o.e My co...lliub, expiIes firtI ~ of~. ,., .OPC 3'S" .00 .00 .00 .00 .00 WALTER W. PHILIPSON, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. RONNIE C. FREELAND, JOSEPH WINTERS, and RONALD E. BENNER, Defendants : NO. 96-5345 . . . . COMPLAIHT 1. Plaintiff Walter W. Philipson is an adult individual who currently resides at 125 Kost Road, Carlisle, CUmberland County, Pennsylvania 17013. 2. Defendant Ronnie C. Freeland is an adult individual Who currently resides at 55 Coffeetown Road, Dillsburq, CUmberland County, Pennsylvania 17019. 3. Defendant Joseph Winters is an adult individual who currently resides at 5419 Laurie Lane, Enola, CUmberland County, Pennsylvania 17025. 4. Defendant Ronald E. Benner is an adult individual who currently resides at 10-C Creekside Lane, carlisle, CUaberland County, Penn.ylvania 17013. 5. At all ti.e. relevant hereto, Jo.eph Winter. perforaed auto .ervlclnq and aechanical repairs to vehicl.. out of bi. qaraqe at 5419 Laurie Lane and charged lIlOney tor hi. .ervic... 6. On or about February 22. 1995, Plaintiff entrusted bis 1990 Chevrolet aut<*ebll. to Defendant Joaeph Winter. for the purpoae of havlnq pre-inspection "palre perfOl1led. and .0 Defendant Winters could take the vehicle to be inspected for Plaintiff. 7. In exchange for these services, Plaintiff paid Defendant Winters. 8. On or about February 23, 1995, Defendant Ronnie Freeland took his 1979 Ford truck vehicle to Defendant Winters' garage for services and/or repairs. 9. In exchange for that service, Defendant Freeland paid Defendant Winters. 10. On or about February 23, 1995, at approximately 10 o'clock a.m., Defendant Ronald E. Benner started Defendant Winters' vehicle and drove the vehicle from the garage to the front of Defendant Winters' house. 11. He then left the vehicle in front of Defendant Winters' house vi th the aotor running, and he proceeded to go inside Defendant Winters' house. U. Defendant Freeland's vehicle sUpped out of qear and proceeded to drive down Laurie Lane and hit Plaintiff's vehicle, vhich vas parked on Laurie Lane. 13. When Defendants Benner and Winters ca_ outside from Defendant Winters' house, they found Defendant Fr.eland'. vehlcle had ....hed into Plaintiff'. vehicle, causift9 da_ge to Plaintiff's vehicle. -2- 14. Defendants Benner and Winters also discovered, upon moving Defendant Freeland's vehicle, that the gearshift tube on said car was broken. 15. When Plaintiff picked up his vehicle from Defendant Winters' garage on February 23, 1996, his vehicle was damaged, and Defendant Winters informed him that Defendant Freeland's vehicle had hit his vehicle, causing the damages. 16. As a result of the aforesaid incident, Plaintiff incurred necessary repairs to his vehicle in the amount of $2,303.75. COUN'!' I NEGLIGENCB Plaintiff Walter W. Philipson v. Defendant Ronnie C. Preeland 17. The alleqations contained in paraqraphs 1-16 of this C~plaint are hereby incorporated by reference. 18. It is believed and therefore averred that at all times relevant to this incident, Defendant Freeland was avare or should have been aware that his vehicle contained a broken gearshift, causing the car to occasionally slip out of gear. 19. Plaintiff's damages were incurred as a direct and proximate cause of Defendant Freeland's neqligence, including but not limited to the fOlloving: (a) Driving a vehicle with a broken gearshUt which CAUSed the vehicle to slip out of veer; -)- (b) Leaving the vehicle parked at Defendant Winters' garage for repairs, when he knew or should have known, that the vehicle may slip out of gear at any time; (c) Failing to inform Defendant Winters that the vehicle had a broken gearshift and may slip out of gear; and (d) Failing to keep his vehicle in a safe condition in accordance with the Pennsylvania Motor Vehicle Code. WHEREFORE, Plaintiff requests judgment in his favor and against Defendant Ronnie C. Freeland in the amount of $2,303.75, wbich is within the CUmberland County limits for arbitration. COU!IT II BREACH OF BAILMElfl' Plaintiff Walter W. Philip.on v. Defendant Jo.eph winters 20. Tbe aUe9ations contained in para9rapbs 1-19 ot thie Coaplaint are bereby incorporated by reterence. 21. At aU ti_. relevant to tbe incident in question, Plaintitt entrusted bis vehicle to Defendant Winters te.porarily tor tb. purpo.. ot pertorain9 pre-inspection repairs and bavinq the vehicle inspected. 22. Plaintiff coapensated Defendant Winters aonetarily in exchanqe for Detendant winters' .ervice to plaintiff's vehicl.. -4- 23. Defendant Winters failed to use reasonable and ordinary care to ensure that Plaintiff's vehicle was redelivered to Plaintiff in a safe and undamaged condition. WHEREFORE, Plaintiff requests judgment in his favor and against Defendant Joseph Winters in the amount of $2,303.75, which is within the cumberland County limits for arbitration. COUNT III NEOLIOBJICE Walter W. PhilipsOD v. Joseph WiDters 24. The allegations contained in paragraphs 1-23 of this Complaint are hereby incorporated by reference. 25. Plaintiff's damages were incurred as a direct result of Defendant's negligence, including but not limited to the following: (a) Failure to ensure that the vehicles left in hie care were kept in a .afe manner; (b) Failure to adequately superviee the care of the vehicle. left In hi. care to avoid collisions between them; and (e) Violation of 75 Pa.C.B.A. S3701(a). WHIR!1ORE, Plaintiff reque.ts judgaent in hie favor and against Defendant Joaeph Winter. in the amount of $2,303.75, wbieb ia within the cumberland County limit. for arbitration. -5- COONT IV NEGLIGENCE Plaintiff Walter W. Philipson v. Defendant Ronald E. Benner 26. The allegations contained in paragraphs 1-25 of this Complaint are hereby incorporated by reference. 27. At all times relevant to the incident aforementioned, Defendant Ronald Benner acted as an agent of Defendant Joseph Winters in performing repairs, service, and/or maintenance to vehicles brought to the Winters' garage for repairs and/or servicing. 28. On February 23, 1995, Defendant Benner vas assisting Defendant Winters in performing service/repairs to the vehicle. then at Mr. Winters' garage. 29. On the aforesaid date, Defendant Benner did start the engine of the Freeland vehicle, parked in fro~ of Mr. Winter.' home/garage, and leave the engine running while he went into the Winter.' residence. 30. Plaintiff's da.ages were incurred as a direct and proxiaate result of Defendant Benner's neqligence, including but not limited to the following: (a) In etarting the engine of the Freeland vehicle and walking into the Winters' hoae; (b) In leaving the running vehIcle unattended In front of the Winter.' hoae; -6- (c) In failing to take any and all steps necessary to ensure that the running vehicle would not roll down the street and hit another vehicle; (d) In failing to properly supervise the running motor vehicle; (e) In failing to secure the emergency brake in such a manner so as to stop the vehicle from rolling down the street and hitting another vehicle; and (f) Violation of 75 Pa.C.S.A. 53701(a). WHEREFORE, Plaintiff requests judgment in his favor and against Defendant Ronald E. Benner in the amount of $2,303.75, which is within the CUmberland County limits for arbitration. COUH'l' V RESPOHDEAT SUPERIOR Walter W. Philipson v. Joseph Winters 31. The allegations contained in paragraphs 1-30 are incorporated herein by reference. 32. At all time. relevant to the incident on February 23, 1995, Ronald I. Benner was acting as the agent of Jo.eph Wint.r. in ..sistinq hi. in his automobile repair/maintenance busin.... JJ. Def.ndants Winter. is liable for the negligent action. of Defendant ..nn.r on the basis of respond.at superior. -7- WHEREFORE, Plaintiff requests judgment in his favor and against Defendant Joseph Winters in the amount of $2,303.75, which is within the CUmberland County limits for arbitration. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS , ERB ~.t~ Ram na C. Cata d , Esqu re Attorney 1.0. No. 66745 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: october..Z:..L, 1996 -,.. WALTER W. PHILIPSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. RONNIE c. FREELAND, JOSEPH WINTERS, and RONALD E. BENNER, Defendants . . . NO. . . . . . . . 96-5345/ 96-5468 ORDBR AND NOW, this .1;~' day of (fIe'"GL. , 1996, upon consideration of Plaintiff's Hotion to consolidate, IT IS HEREBY ORDERED that Docket No. 96-5345 and No. 96-5468 are consolidated. BY THE COURT: /II . . E:l r~ ,5 7 ,J""(<7 V I J. TRue COpy FROM RECORD ., !'!I\U!1\)ftywtwllOf,1 Iwtl.n:o!illtl!.y 1Iot"" ,~." !"' *' 01 Solld ~ II t..!""'t ,.. Itft.i.fy*'~ f!t.~.. 19":~ ... { ~. ... "''''1 ~. WALTER W. PHILIPSON, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. RONNIB C. FREELAND, JOSEPH WINTERS, and RONALD B. BENNER, Defendants NO. 96-5345 96-5468 MOTZO. '1'0 COH80LIDA'1'1l AND NOW, comes Plaintiff Walter W. Philipson, by and through his attorneys, Ramona C. Cataldi, Esquire, and Metzger, Wickersham, Knaus. , Brb, and files this Petition to Consolidate and in support thereof aver. the following. 1. On or about september 27, 1996, Defendant Ronnie C. Freeland filed a Notice of Appeal in the Court of Co_on Pleas of Dauphin County from the District Justice Judgment which was rendered on Septembar 16, 1996. (A true and correct copy of that Notice i. att.ched hereto a. Exhibit A). 2. Thi. matter was given Docket No. 96-5345. 3. on or .bout OCtober 3, 1996, Plaintiff filed a Notice of Appe.l In the .... matter. The utter was given. new docket nn."'r, No. 96-5468. (A true .nd correct copy of that Notice i. attached hereto .. Exhibit B). 4. Although this utter va. given two .eparate docket nuabar., It 1. the .... c..e .nd the matter Mould be consolidated to one mnaber. WALTER W. PHILIPSON, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-5345 CIVIL TERM RONNIE C. FREELAND, NO. 96-5468 CIVIL TERM V JOSEPH WINTERS and RONALD E. BENDER, . . Defendants . . DEFENDANT FREELAND'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Ronnie C. Freeland, by his attorneys, Snelbaker & Brenneman, P. C. who files the within Preliminary Objection to Plaintiff's Complaint as follows: MOTION TO STRIKE PURSUANT TO Pa.R.C.P. 1028(al (21 and (31 1. Plaintiff initiated this action by Complaint filed on or about October 21, 1996. 2. Plaintiff claims in Paragraph 19 that Defendant Freeland's negligence, "including but not limited to the following" caused Plaintiff to incur damages. 3. The phrase "including but not limited to the following" contained in Paragraph 19 is inSUfficiently specific to allow Defendant Freeland to prepare a defense thereto. ...w O~. SNI1....kt.R . ."I:~".""'" 4. The phrase "including but not limited to the following" faila to plead material facta aa required by Pa.R.C.P. 1019(4). WHEREFORE, Defendant Ronnie C. Freeland respectfully requests your Honorable Court to strike the phrase "including but not limited to the following" from Paragraph 19 of Plaintiff's Complaint. SNELBAKER , BRENNEMAN, P. C. By: ~.,~ ~ _:.-e-e Ph I P H. Spa e, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Ronnie C. Freeland Date: November 11, 1996 ....~. "''''-''It''' . "'&""1..'" -:1- i ~ i i i , I I I f t ..... (OJ ,- ir:: \I: ~,. l:, .. "~~~ UJ' - .'..- (',. ...;,-'. "~... .....::.\ .,': ;:j t... . .. y . t_j f:l c - ''> t , ~',.l C. . L:. ..~- ".,~ : ) ,-,;,\ I t. 0:." >.) WALTER W. PIIILlPSON, PlalnUff : IN TilE COURT OF COMMON Pl.EAS OF : CUMBERI.AND COUNTY, PENNSYLVANIA v. RONNIE C. FREELAND, JOSEPH WINTER. and RONALD E. BENNER. Defeadaals. . . : NO. 96-5345 CIVIL TERM/ : NO. 96-5468 CIVIL TERM TO TIlE PROTIlONOTARY OF SAID COURT: Kindly enter my appearance for Defendanl Joseph Winler. HENRY . CO Attorney for Defi danl Winter 3901 Markel S I Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 cc: Ramona C. Cataldi, Esquire Philip n. Spare, Esquire Ronald Ii. Benner Joseph Winter OAAllUll f:lltl 9t. SJ"'S WALTER W. Pili LIPSON, PlaiD tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. RONNIE C. FREELAND, JOSEPH WINTER, aDd RONALD E. BENNER, DefeDdaDts. : NO. 96-5345 CIVIL TERM : NO. 96-5468 CIVIL TERM DEDENDANT WINTER'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MAlTER CROSSCLAIM AGAINST DEFENDANTS FREELANDA~~BENNER AND NOW COMES Defendant, Joseph Winter, by and throu&h his attorney, Henry F. Coyne, Esquire and avers the following answer with new maner cross claims: J. ADMITTED. 2. DENIED, Defendant is without knowledge or information suffICient to form a belief u to the truth of the avaments c:ontained In this paral'llph and thmf~ these alleptions an: speaflQlly denied. ), ADMITTED, 4, I>ENtED, Defendaftt IS WIthout k-kdF or mformatlOl\ sulTlCltllt 10 form a behtf u to the truth of the avamenl1 rontamed m thiS paraaraph and thmf~ these aIlqalions art or<<lflCaUy dmttd, 2 5, ADMI1TED IN PART AND DENIED IN PART. It is admitted that Defendant Winter occasionally perfonned auto servicing and mechanical repairs to vehicles out of his attached garage for family and friends. However, it is denied that Defendant Winter charged money for his services or that he was in the business of automobile repair. By way of funher response, Defendanl Winters merely recouped any money he personally expended while servicing and repairing the vehicles. 6. ADMI1TED IN PART AND DENIED IN PART. II is admitted thaI on or about Febnwy 22, 1995, Plaintiff delivemi his vehicle 10 Defendant Winter's home to have pre_ inspection repairs perfomed. II is denied thaI the vehicle was mtrusted to Defendant Winter. 7. DEINED, It is denied that Plaintiff paid Defendant Winter for pre-inspection seMc:cs. Rather, Plaintiff merely reimbursed Defendant Winter for the cosl of pans used in Plaintiff', vd1ic:1e. 8. ADMI1TED IN PART AND DENIED IN PART It is admitted that on February 23, 1995, Defendant Freeland drove hi, vehicle to Defendant Winter', home. By way of further -, il is denied that Plaintiff Winter's prage was in 8lI)' way an automobile service pnIge in the COOI1llC1cia) sense. Rather, the prqe at issue was attached to Defendant Winter', bootc in a n:sidmtiaI nei&hbol hood, 9. DENIED. See paracraph 7 above. 10. DENIED, Defendant Winter is without IaIowIedae or ilIformation sufficient to I'onn a Wid' u to the InIth of the ah~...I<.1tS contained ill tIus parqnph and thmforc these allqa'-s aR ~irlC8lly dented. ] II. DENIED. Defendant Winter is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents contained in this paragraph and therefore these allegations are specifically denied. 12. DENIED. Defendant Winter is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennenls contained in this paragraph and therefore these allegations are specifically denied, 13. ADMITTED IN PART AND DENIED IN PART. It is admitted that when Defendants Winter and Benner came outside from Defendant Winter's house they found Defendant Freeland's car had made conlKt with the: Plaintiff's vehicle. However, it is denied that Defendants Winter and Benner found that Defendant Freeland's vehicle had slrUUlIed into Plaintiff's vehicle, Rather, the: door of Defendant Freeland's vehicle had side-swiped Plaintiff's vehicle. 14, ADMI1TED. IS, ADMI1TED IN PART AND DENIED IN PART. It is admitted that when Plaintiffretrieml his vehicle, Defendant Winter mformed him that Defendant Freeland's vehicle had hit his vehicle, causing damage to Plaintiff's vehicle. However, it is denied that Plaintiff retrieved his vehicle from Defendant WInter's prage. 16, DENIED, Defendant is wtlhout knowledge or information IIlfTlCient to form a btMf as to the IrIIth of the a\", "",1\15 contamcd an thIS paragraph and then:fore these aIlqabOlll an' specifically dnlled, .. COUNT I NEGLIGENCE PlalatlffWalter W. Pblllpson v, Defeadant Ronnie C. Freeland 17.19. The allegations contained in paragraphs 17 through 19 are directed to a party olher than answaing Defendant and thm:fore no responsive pleading is required. COUNT II 6RLfCH OF BAILMENT PIalatlffWalter W. PblUpson v. nefeadaat Josepb Wiater 20. Defendant illCOlpOl'lles herein by reference the answers in paraaraphs I throu&h 19. above, u though the same were set forth herein allength. 21. ADMITTED IN PART AND DENIED IN PART. II is Idmitted that Plaintiff left his vehicle al Defendanl Winters' home for the purpose of Defendant WinlW perflXl1lin& some pre-inspecIion repain. However, il is denied thai Plaintiff PlnDtnl his vehicle to Defendanl Winter, Instead, he merely delivered his vehicle to Defendant Winter.. home. n. DENIED, II is denied thai Plaintiff compensated Defendant Winter monctanly In ellC'-F for Defendanl Winters' set'\'1U 10 PlalnlllT's vchiek. Rather, ....intiff merely mmbuncd Defendanl Winter for the II1OIlC)' he pmona1ly npmded Clll puts In IftPIr1DI l'talIIIifT's vOidot lOr state ~Iioft 23. DENIED. The aIlqauoo In I'aragrarh 2) " a vaauc and pnenl ~'tlftCiUSIOIl DC 18.. l\) ..tIldI1lO l'CSpOlISlt is ~ 5 33. DENIED, The allegation contained in paragraph 33 is a conclusion of law to whIch no response is requircd, WHERFORE. Defendant Winter respectfully requests that judgment be entered in his favor and against Plaintiff, DEFENDANT WINTER'S NEW MAlTER PURSUANT TO PL R. C. P. 2Z5Zfdl REGARDING DEFENDANT FREELAND 34, Defendant Winter incorporates herein by reference the answers to paragraphs I through 33. above, as though the same were set forth herein at length, 35. Defendant Winlcr avers by way of defense that if Plaintiff sustained propcny damages as llleged in his complaint, all of which arc speciflCllly denied, then said damages were not the mult of any acts and/or omissions on the put of Defendant Winter. Rather, Defendant Frcecland is primanly liable for any damages which may have been suffered by Plaintiff and which may be subsequently established II the time of trial because It was Defendant Freeland's aaion in not informing Defendant Winter of I known. existing defective condition In the scar mechanism of his vehicle and SllCh negllacnce actually caused the a11qcd damace to P1aintirrs vehicle. Funhermore. at the time Defendant Freeland delivered his vehick 10 Defendanl WIlIlcr'S home. Defendanl Freeland was lware thaI his vehlClt had prevIOUSly shppcd oul of scar when II was placed In the "park.~ posillon. Thmflft. Defendant Frccland WIS on notlclI that theft ...... . .fcct In his .-dm;1e and )fl he Called to warn Defendant WlIIlcr of this blow1t and ulIlm& daftamJus condlllon, 36. If as I mIIII of the matter a1kstd III \'Iamt.ffs camplamI and w _wen Ihrrtto. I~fmdant WlftIn may be hdd IIiIbk f<< III or put of IIkh damaca 1'1 PlaumlT may J have suffered and which may be established at the time of trial, then Defendant Freeland. as the party primarily liable for such damages is liable to Defendant Winter by way of contribution and/or indemnification for all such damages as he may suffer and he therefore asserts in this action his right to such indemnification and/or contribution against Defendant Freeland, WHEREFORE. Defendant Winter demands that judgment be entered against Defendant Freeland and that Defendant Freeland be held liable to Plaintiff, or alternatively, if Defendant Winter is determined to be liable to Plaintiff, then Defendant Freeland be held liable over to Defendant Winter for any Judgment against Defendant Winter. DEFENDANT WINTER'S NEW MA ITER PURSUANT TO .... R. C. P. 215Zldl REGARDING DEFENDANT BENNER 37. Defendant Winter incorporates herein by refcrcncc the answers to parapapbs I throuah 36, above, as though the same were set fonh herein allcnath- 38, Defendant Winter avus by way of l'ut1hcr defense thai if Plaintiff sustained dunqcI as allqed in P1aintirrs complaint, all of which damaCCS were not the result of any ads ancUor omissions 011 the pen of Defendant Winter. Rather, Defendant BaIner is primarily liable for any damaccs wbic:h may have been sulTcrcd by Plaintiff and wbic:h may be sublcqucnlly ntablilhecl at the time of trial bcc_ il wu DefClldant BaIner's action in parbna Defendant Frcdand', vehiclc in Defmdant Winlcr's IIItlined driYCWB)', 1caYina the motor nnlm,. fallma to eapp tilt caleo~)' braU BIId 1eaY1llJ the vducle _~ thai actually CllI*d the aUqed .... to PIamt,rrs mucic, 3.. If as a mt.dt of tilt mat\Itt allqed 1ft I'laIIIlIrr. COIIIpIaIlll and tilt Bt\SWUI themD. Ddhlllnl WiI\ln may bt hrld Ital* for ,II or pIl'l of such damata as PIamt,ff may ..~ lIICWI'td BIId wtudt may be mul,tbcd at the lII\1e of lmI. ~ Ot...... Bcmcr as the .. CERTIFICATE OF SERVICE I, Henry F. Coyne, Esquire do hereby certify that on the S" day of November, 1996, a True and Correct Copy of Defendant Winter's Answer to Plaintirrs Complaint With New Matter Cross Claim Against Defendants Freeland and Benner was served by depositing the same in the Uniled Stales mail, postage prepaid, to those individuals listed below: Ramona C. Cataldi, Esquire Metzger, Wickersham, Knauss & Em 3211 North Fronl Street P.O. Box 5300 Harrisburg. PA 17110-{)300 Philip H. Spare Snelbaker & Brenneman 44 West Main Street Mccbanicsburg, PA 17055 Ronald E. Benner IO-C Crecbide Lane Carlisle. P A 17013 BY: Henry F. Coyne Attorney for De Winter 3901 Martet Street Camp Hin. PA 17011"-221 (717) lJ1~ PI. S, Ct. No. 06250 . i ~~ "1l '. tll ~ r;t j ~ d:: '0 '"5 r1. .J.tJ. ~ ' oJ (.. Q ~ J\J ~~~J..D CO~ . --.--- ...... VERIFICATION I, Walter W. Philipson, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. t . ~ Date: II/ILl /94 I / --- ~ '., . '.'. " ;'P:.' f f r- ;>: In t, .. f';~ - ,c :3~ u. , l ';0:: l' In ~'~ c. N r:;:r . . ;'e ; :~ ,\C I :...: \, .r> J I) \'" U ,'~, ,~.:'~ii';'T'~ .l'/',::'t '; ,,;"''J ..', t ~>:A:~i ;~{~~., '.."" .~; i i; II .5, ~ 0 oa' 0 , 1'1' " .. 0 .:.~ ..' .. ~r ~ .. .. E F :lC ..0 c . . .0 i :r . . 1'1 ~ ~ e ~ ~ . ",.--0 . ct Z t lD . W · ... . . ,,030 .. u:: Q; Q. - c z ~ ~ ;;; . " 1'1 . a: . w i " C N . I:i r ~ ..., ....--~ . . . .,. ~