HomeMy WebLinkAbout00-03252
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - ,J.;2S;Z C/'Ul( T€IU'I?
PAUL W. LEACH,
Plaintiff
v.
CIVIL ACTION - LAW
G. RAY HOLSINGER, JR.,
Defendant
:
NOTICE
YOU HAVE BEEN SUED IN COURT.
If you wish to defend against
the claims set forth against you in the following pages, you must
take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
obj ections 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
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 BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
(717'B4e-OSOS
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Two Liberty Street
Carlisle, Pennsylvania 17013
(717) 249 - 3166
1-800-990-9108
\..AWO'i'FICESOF
ALE E. ANSTINE, l? C.
TWO WEST MARKETSTREE1"
POST OFFICE SOX 952
Yo_, PENNSYLVAllnA 174(>15
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PAUL W. LEACH,
Plaintiff
NO.
v.
CIVIL ACTION - LAW
G. RAY HOLSINGER, JR.,
Defendant
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea
defenderse de las quejas expuestas en las paginas siguientes, debe
tomar acci6n dentro de veinte (20) dias a partir de la fecha en que
recibi6 la demanda y el aviso. Usted debe presentar comparecencia
escri ta en persona 0 por abogado y presentar en la Corte por
escrito sus defensas 0 sus objeciones alas demandas en su contra.
Se Ie avisa que si no se defiende, el caso puede proceder sin
usted y la Corte puede decidir en su contra sin mas aviso 0
notificaci6n por cualquier dinero reclamado en la demanda 0 por
cualquier otra queja 0 compensaci6n reclamados por el Demandante.
US TED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS
IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA
OFIClNA EN LA DlRECCION ESCRITA ABAJO PARA AVERlGUAR DONDE
PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Two Liberty Street
Carlisle, Pennsylvania 17013
(717) 249 - 3166
1-800-990-9108
LAW OFFICES OF
ALE E. ANSTINE, F. C.
TWO WEST MARKET STREET
POST OFFICE BOX..""
Yom<, PENNSYLVANIA. 1740~
"7'7)646-0606
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IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA
PAUL W. LEACH, NO. tkJ- 3d2S'.l &;M ~
Plaintiff
v.
CIVIL ACTION - LAW
G. RAY HOLSINGER, JR.,
Defendant
COMPLAINT
1. The Plaintiff, Paul W. Leach, is an adult individual
residing at 501 Windy Hill Road, Shermans Dale, Pennsylvania
17090.
2. The Defendant, G. Ray HOlsinger, Jr., is an adult
individual residing at 798 Creek Road, Carlisle, Pennsylvania
17013.
3. On February 18, 2000, the Plaintiff was the owner and
operator of a 1996 Dodge Avenger bearing Pa. registration plate
BBC-4499.
4. On February 18, 2000, the Defendant was the owner and
operator of a 1988 Volkswagon van bearing Pa. registration plate
BVN-9192.
5. On February 18, 2000, at approximately 12:00 p.m., the
Plaintiff was operating his vehicle westbound on Claremont Road,
approximately 50 feet west of its intersection with Stover Drive,
lAW OFFICES OF
.ALEE.ANST'NE,P.C. in Middlesex, Cumberland County.
TWO WEST MARKETSTRE:ET
POST OFFICE SOX 9"~
Yo_PE~m_'''O" 6. At that same time and place, the Defendant was operating
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his vehicle eastbound on Claremont Road when he lost control of his
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vehicle, crossed the centerline of the roadway and struck the
Plaintiff's vehicle in the westbound lane of travel causing a
collision which resulted in damages to the Plaintiff.
7. This accident occurred as a result of the negligence of
the Defendant and was due in no manner to any act, or failure to
act, on the part of the Plaintiff.
8. 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) Operating his vehicle in careless disregard for
the safety of others, and the Plaintiff in
particular, in violation of 75 Pa.C.S. ~3714;
d) Operating his vehicle too fast for the
conditions then and there existing, in violation
of 75 Pa.C.S. ~3361;
e) Failing to operate his vehicle within a single
lane of of travel, in violation of 75 Pa.C.S.
~3309(1);
f)
Failing to yield one-half
Plaintiff's vehicle, in
Pa.C.S. ~3302;
of the roadway to
violation of 75
g)
Failing to operate his vehicle on the right-
hand side of the roadway, in violation of 75
Pa.C.S. ~3301 (a) (1); and
V.WCFFIC.ESC!'
ALE E. ANSTINE.:P. c.
TWO WEST MARKET STREf.;l
POST OFFICE BOX 95"
YORK, PENNSYLVANLO, t74(l:O;
h) Crossing the centerline of the roadway and
striking Plaintiff's vehicle in Plaintiff's
lane of travel.
(717)e46_0606
9. As a result of the negligence of the Defendant, the
2
LAW OFFICES OF
[)ALE E. AN",TINE, P. C.
TWO WEST MARKET STREET
POST OFFICE: 130X952
YORK, PBNNSYI'VANLo. '740ti
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Plaintiff suffered property damage to his vehicle.
10. As a result of the negligence of the Defendant, the
Plaintiff suffered a loss of use of his vehicle, and a claim is
made against the Defendant therefor.
11. As a result of the negligence of the Defendant, the
Plaintiff incurred towing, storage, and other incidental costs, and
a claim is made against the Defendant therefor.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court to enter judgment against the Defendant in an amount
sufficient to compensate the Plaintiff for his property damage,
loss of use, towing, storage, and other incidental costs,
plus attorney's fees, costs and interest as allowed by law.
RESPECTFULLY SUBMITTED:
I..AJl OFFICES OF DALE E. ANSTINE, P.C.
Gre ry E. Martin, Esquire
A~ orney I.D. #38894
~wo West Market Street
P.O. Box 952
York, PA 17405
(717) 846 - 0606
3
I.AW OFFICES OF
[)ALE E. ANSTINE. P. C.
TWO WEST MARKET STREET
POST OFFICE BOX 9S"
YORK, PBNNSYLVANLO. >7400
(7171846-0"'0'"
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VERIFICATION
I HEREBY VERIFY that the information set forth in the
foregoing Complaint is true and correct to the best of my
knowledge, information and belief.
I understand that any false
statements contained herein are s1,1bject. to the penalties of 18
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
Date: ,5 ~ I; -CXJ
~
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03252 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LEACH PAUL W
VS
HOLSINGER G RAY JR
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOLSINGER G RAY JR
the
DEFENDANT
, at 0012:19 HOURS, on the 1st day of June
, 2000
at 798 CREEK ROAD
CARLISLE, PA 17013
JASON LINS (BROTHER IN LAW)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.72
.00
10.00
.00
31.72
r~I~t:~.~
R. Thomas Kline
me
Sworn and Subscribed to before
this 1 e2. day of
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0'"'(' ~ !2 /l1_dj" , ,~
rothonotary
06/02/2000
DALE ANSTINE;,7 " ^
By: 174/lJJf!l ~
Deputy Sheriff
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PAUL W. LEACH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-3252 CIVIL TERM
G. RAY HOLSINGER, JR.,
Defendant
NOT! CE
To the Plaintiff:
You are hereby notified to plead to the enclosed
Counterclaim within twenty (20) days from service thereof or a
default judgment may be entered against you.
ADDAMS & RUNDLE
By:
~~
1hlli A. Addams
Supreme Court I.D. No. 06265
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
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PAUL W. LEACH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-3252 CIVIL TERM
G. RAY HOLSINGER, JR.,
Defendant
ANSWER WITH COUNTERCLAIM
AND NOW, comes the Defendant, G. Ray Holsinger, Jr., by his
attorneys, Addams & Rundle, and makes the following answer to the
Plaintiff's complaint:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5 . Admitted.
6 . Denied as stated.
It is admitted that the Defendant was
operating his vehicle traveling east, but it is denied that he
lost control, crossed the centerline and caused the collision.
7. The conclusion of law is denied.
8. Denied in accordance with Pa. R.C.P. 1029(e).
9. After reasonable investigation, the Defendant is without
knowledge sufficient to form a belief as to the truth of the
averments regarding the Plaintiff's damages. The same are
therefore denied.
10-11. The answer to Paragraph 9 is incorporated herein by
reference.
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WHEREFORE, the Defendant requests the Complaint be
dismissed.
COUNTERCLAIM
Defendant G. Ray Holsinger, Jr. sets forth the following
counterclaim against the Plaintiff:
12. This accident occurred as the Defendant was traveling
east on Claremont Road, which was covered with snow.
13. At said time and place, the Plaintiff entered Claremont
Road from the north intending to travel west. In doing so, he
made a wide turn into the Defendant's lane of travel. The
Defendant was unable to stop and collided with the left side of
the Plaintiff's automobile.
14. The accident was caused by the negligence and
carelessness of Plaintiff Paul W. Leach in:
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.
C. Failing to operate his vehicle within its proper
lane of travel.
D. Failing to yield one-half of the roadway.
E. Failing to operate his vehicle on the right hand
side of the roadway;
F. Failing to observe the Defendant's vehicle in time
to avoid a collision.
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15. As a result of the negligence and carelessness of the
Plaintiff, the Defendant's vehicle sustained damage in the amount
of $3,375.99.
WHEREFORE, the Defendant demands judgment against the
Plaintiff in the amount of $3,375.99 plus interest and costs of
suit, an amount within the jurisdiction of arbitration under the
local rules of court.
ADDAMS & RUNDLE
By:
/~~
W'illia A. Addams
Supreme Court I.D. No. 06265
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
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VERIFICATION
G. Ray Holsinger, Jr. hereby verifies that the facts set
forth in the foregoing Answer and Counterclaim are true and
correct to the best of his knowledge, information and belief, and
understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsifications.
DATE:
&/J..-I/~
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I..AWOFFICE;SOF
ALE E. ANSTINE, P. C.
TWO WE;ST MARKET STREET
1'0Sl: OFFICE 100:<- 9S2
YORI, PE..,.-,,,r,:.v.unA 17401::'
17'7)546_0606
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO, PENNSYLVANIA
PAUL W .LEACH
Plaintiff
: 00-3252 CIVIL TERM
V
G. RAY HOLSINGER, JR.,
Defendant
: JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO COUNTERCLAIM OF DEFENDANT
12. While it is admitted that Defendant was traveling east on Claremont Road,
it is denied the entire road was covered with snow,
13. Admitted and Denied, While it is admitted that Plaintiff entered Claremont
Road from the north intending to travel west, it is specifically denied that he made a
wide turn, or that he entered Defendant's lane of travel. It is admitted that Defendant
was unable to stop his vehicle and collided with the left side of Plaintiff's automobile,
However, Plaintiff's vehicle was in his lane of travel.
14. Denied, It is denied in accordance with the Pennsylvania Rules of Civil
Procedure 1029(e).
15. After reasonable investigation, Plaintiff is without sufficient knowledge to
form a belief as to the truth or falsity of the averments concerning Defendant's
damages, and therefore, it is denied and strict proof thereof is demanded at trial.
I.AWOFFICE:SOF
[}ALE E. ANSTINE, P. C.
TWO WEST MARKET STREET
POST OFFICE BOX 952
YORK, PENNSYLVANIA. 17405
(717)",45-0505
I' .
.
WHEREFORE, Plaintiff, Paul Leach, respectfully requests this Honorable
Court to enter judgment against the Defendant with interest and costs as allowed by
law.
Respectfully submitted,
LAW AF DALE E. ANSTINE, P.C
BYfiregory E. Martin, Esquire
1.0, NO: 38894
Two West Market Street
P,O. Box 952
York PA 17405
(717) 846-0606
I..AW OFFICES OF
[JALE E. ANSTINE, P. C.
TWOWC:ST MARKET STREET
POST OFFICE ElOX9S2
YORK, PBNNSYLVANIA 17405
(717164<0-0<00<0
VERIFICATION
I HEREBY VERIFY that the information set forth in the
my knowledge, information and belief.
foregoing Reply to New Matter is true and correct to the best of
I understand that any
relating
false statements contained herein are subject to the penalties of
18
Pa.C.S.
~4904,
to
unsworn
authorities.
t~1:.J'~) ~) .Pau
Date: ~ Idk..J~/
falsification
to
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LAW OFFICES OF
ALE E. ANSTINE, P. C.
TWO WEST MARKET STREET
POST OFFICE 80X9S2
YOJD<, P"""","=VANIA 174011
(7171 S46-06OG
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CERTIFICATE OF SERVICE
AND NOW, this 12th day of July, 2000, I, Gregory E. Martin, Esquire, a
member of the Law Offices of Dale E. Anstine P.C" hereby certify that I have, this date,
served a copy of the within and foregoing Plaintiff's Reply to Counterclaim of
Defendant first class United States Mail, postage, pre-paid, addressed to the party or
attorney of record as follows:
William A. Addams, Esquire
P.O. Box 208
28 South Pitt Street
Camp Hill PA 17013-0208
Respectfully submitted,
LAW OFFICE OF DALE E, ANSTINE, P.C.
BY: Gregory E. Martin, Esquire
I.D. NO: 38894
Two West Market Street
P.O, Box 952
York PA 17405
(717) 846-0606
LAW O"ICES 0,
DALE E. .ANSTINE, P. C.
TWO WEST MARKET STRE:E:T
I'OST O,FICE gaX ."'"
YORl<, PENNSYLVANIA 17405
17'7)8"".0606
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PaulW. Leach
No: 00-3252 Civil Term
v
G. Ray Holsinger, Jr.
PRAECIPE TO REMOVE
To the Prothonotary: Curt Long
(X) Please mark the above captioned action SETTLED AND SATISFIED
OR
( ) Please mark the above captioned judgment or lien s led and satisfied.
Gr ory E. Martin, Esquire
Attorney for the Plaintiff
1.0, No: 38894
cc: William Addams, Esquire
PLEASE ISSUE A CERTIFICATE OF SETTLEMENT AND SATISFACTION TO
ATTORt.,jEY MARTIN.
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