The URL can be used to link to this page

Home My WebLink About96-05571 ELIZABETII M. STOMIEROSKI and ROBERT STOMIEROSKI, Plaintiffs : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . 7 NO. r;f-, j',) '/ / (i l ILl {- CIVIL ACTION - LAW V. STANLEY A. KING, " Defendant :: il JURY TRIAL DEMANDED ii i! Ij I II YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set Ii forth against you in the following pages, you must take action within twenty (20) days after this I I Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. NOTICE TO DEFEND -.J You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I)..\I.~ r.. '\NlIf,TINIol. I', (', Lawyer Referral Service Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 .~,. ~,.. ~....' ,",.., ""'''',...,., \.....,....."...,.".... , , , , , , , ... . .~ ,........ "- 6, At that same time and place, the Dcfcndant was operating his vehicle dircctly bchind the Plaintiffs' vehicle when he failed to stop before striking the rear of Plaintiffs' vehicle, :: resulting in injuries and damages to the Plaintiffs, ~ : 'I 7. This accident occurred as a result of the negligence of the Defendant and was due in ~ ;j Ii no manner to any act, or failure to act, on the part of the Plaintiffs. II i: 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial Ii II is hereby demanded, I COUNT I ELIZABETH M. STOMIEROSKI v, STANLEY A. KING 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated herein as fully as though set forth at length. 10. The negligence of the Defendant consisted of the following: a) Failing to properly operate and control his motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c) Failing to have his vehicle under control so as to bring it to a stop within the assured clear distance ahead in violation of 75 Pa,C.S,A. ~3361; d) Failing to stop his vehicle before striking the rear of Plaintiffs' vehicle; "....,.........."..." 4 COUNT II ROBERT STOi\IIEROSKI v. \ RESPECTFULLY SUBMITTED: STANLEY A. KING 14. Paragraphs I through 13 are incorporated herein and made part hereof as fully as I': II Ii though set forth at length, 'I Ii ,I 'I 15, Solely as a result of the negligence of the Defendant, and the resulting injuries to his spouse, the Plaintiff, Robert Stomieroski, has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses will continue for an unknown time into the future, WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. LA W OFF! ES OF DALE E. ANSTINE, P,C. Or ory E. Martin, Esquire Attorney J.D. #38894 Two West Market Street P.O, Box 952 York, PA 17405 (717) 846 - 0606 DAI.Ill E. .\l'iNTINIO. I', ('. ,.,,~. ,....., "..,. ,..... 6 SHERIFF'S RETURN. U.S. CERTIFIED MAIL CASF. NO: 1996-05571 P COMMONWE::Al.TIl OF P~:NNSYI.V^NIA: COUNTY OF CIJMB~:RL^ND ~TQtlJE,ROSKI Elct?Ml~;TH M E::T AI. VS. KLNG STloNI.E'C~L_" !l.,_ Thgmas Kline J Sherizz or Deputy Sherizf of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, sl?rved the wi thin named !1..I';fE_NQ.M!~,IJ'LG.. ST,t.N!,.E'LA...., '.--__..J by United States Certizied Mail postage prepaid, on the _ 9t.!:L__ day oz October 1996 , at t~~~:0~ HOURS, at 2923 DAR.WIN TRAIL HARRISBURG, NC 28075 a true and attested copy of the attached ~Q~PLAINT The returned receipt card was signed by STANLEY A, KING on 10/26/1996. Sherizz's Costs: Docketing Service Azzidavit Surcharge CERTIF'IED MAIL So answers: / 18.00 4.34 .00 2.00 2.75 i:i2T."09'OALF.: ANSTINE 11/01/1996 / /,/ ,. "':-:'-........-.-____'l/ _~/ v H. Jhomas Ki1ne, '~her1!! Sworn a~ subscribed to bpzore me r~i~.!..-,,,, ~ A:D~ay oz2k\.",>d:.~_.,___, ~'1" - ~r~~~'?7"---,,,_, l' \l'll.lS[J^TAI;lI.I:'ljl:~l!t !t'~fl :Kl'll,\S I C1ute,1 lllllNnOI ~2\KI'M ReV1I1ell II!l,~'..nIJ.lll\.II'M ELIZABETH M, STOMIEROSKI and ROBERT STOMIEROSKI, PlaintilTs IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 96-5571 v, CIVIL ACTION. LAW ST AN LEY A, KING. Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: ELIZABETH M, STOMIEROSKI and ROBERT STOMIEROSKI, Plaintiffs and their attorney, GREGORY E, MARTIN, ESQUIRE, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU, I. Admitted based on information received, 2, Denied, The contrary, Defendant's current address is 2923 Darwin Trail. Harrisburg, NC 28075, 3-6, Admitted, 7-8, Denied pursuant to Pa, R,C,P, 1029(e), COUNT I Elizabeth Stomieroski v Stanley A King, 9, The averments of paragraphs I through 8 of this Answer are hereby incorporated by reference, 10.13, Denied pursuant to Pa, R,C,P, 1029(e) WHEREFORE, Defendant requests this Court to enter any order it deems appropriate, COUNT II Robert Stomieroski v Stanley A Kin~ 14, The avcnncnts of paragraphs I through 13 of this Answer are bereby incorporated by refercnce, VERIFICATION George B, Faller, Jr" Esquire. of the linn of MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for Stanley A. King in the within action, certifies that the statements made in the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint are true and correct to the best of his knowledge, infonnation and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Delendant's Answer with New Matter was served this date by depositing same in the Post Ollice at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Gregory E, Martin, Esquire LAW OFFICES OF DALE E, ANSTINE. PC, Two West Market Street P,O, Box 952 York, PA 17405 LLlAMS & OTTO By Attorneys for Defendant Dated: November /5, 1996 lO N '~ is ()~ 0~ :> c';;4 z",.. ~z' u:z li..llU f;~o... 3 ~:t c':'- """ , u:> Cf\ . ~ ~ " . .. ~ III '" '" N ~ ~ " "' ~ 0 .. . ~ . . "' .. . ~ 0 io 0 . '" '" . 0 u ~ . , ;;: " '" " . '~ . u ~ ~ ~ . ;;: 0 .. .. ~ ~ "' 0 ~ -;:: '" ~ E . J p" ~ ~ ~ 0 loi J ~ Iil .. ~ ~ ~ , - -. :- " II VERIFICATION Ii ,I I HEREBY VERIFY that the information set forth in the foregoing REPLY TO NEW I' liMA TTER is true and correct to the best of my knowledge, information and belief. I understand ii Ii that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, Ii relating to unsworn falsification to authorities, I Date: AiN .R) ItJ9(P ~/klla'~. Elitabe M. Stomieroski /;, (;~ -:f 11, , b (-r ri' /"t:'-t/ .,,( ,;./)-y'~/<J.. "Robert Stomieroski Date: ~, ..10 /99& f)AI,J11 1':. ,\S"TI~nl, I', (0, '. ...........'.... y"..l'....,,,..,.,..., fr, en C is Cl ~g ..::: . , .~ n: :~~} " 1.r.:.: ~c '!;:..i C(:: N ;:;'i;; L.l.JL-.. I EE!.: ....1;-2:: w ~: 2:' r=' u.: .If!) L:;; ",,- l'__ ,=> -"': 0 ::-:) 0' U H/o\'~ltO'AO'''G'L''1It'ILO'.JG'e'IL9 ON l'lVOl '00 "''1ddns 1YD11 lUns,,,,,, , \oJ =: " . . 0 li:I " It " N ~ ~ " . " 0 . . ~ c ... . " '" . ~ 0 (0 . 0 c w " . 0 u ~ . , ~ " " " c < u ~ . ~ . ;;: '" ~ 0 < . ~ :. ~ . 0 ~ " " . E , J . !l. ~ ~ 0 0 ,,; . J .. li:I . ~ .:l ~' = - ,. , , .~ :; n.'I.tl 1-;. ,\."...TI.....'^'. P. ('. I ",",--.",.." ~ ELIZABETH M. STOMIEROSKI and, ROBERT STOMIEROSKI Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO, PENNSYLVANIA No. 96-5571 V. CIVIL ACTION - LA W STANLEY A. KING, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO AMENDED NEW MATTER OF DEFENDANT 16. Denied. Paragraph 16 states a conclusion of law to which no responsive pleading i$ required. To the extent that such a responsive pleading is required it is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs, Elizabeth and Robert Stomieroski, respectfully request this Honorable Court to enter judgment against the Defendant with interest and costs as allowed by law. Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. . 1-~\ " . I / I' . . \ BY: Gregory E. Martin, Esquire J.D. No.: 38894 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846-0606