HomeMy WebLinkAbout00-03556
T7---;--
1"-.
_ ,J,.- '~-< -,
. ~~, - ."_u,,,-~' - _; "
"'0--1
,
;,i
1-:1
1,,1
I-I
11
1;1
'I
'I
il
:'1
:\1
1,:1
:1
:-i
,
'I
:1
"
"!
,
.
..
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Jay W. Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and
JILL MEITZLER, his wife
Plaintiffs
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
I
I:i
,I
;.:!
"
i:'1
'I
COMMONWEALTH OF
PENNSYL VANIA, DEPARTMENT
OFGENERALSER~CESand
ANTHONY M. TODARO,
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
:w-.3rG'k
: ~6 CI~LTERM
',!
:'1
i
i';1
:,'!
Defendants
,
:-1
'I
I
::1
;:j
il
i)
ENTRY OF APPEARANCE
I
:1
"~I
Please enter my appearance on behalf of the Defendants, Commonwealth of Pennsylvania,
:1
,
"
'I
I
::1
Department of General Services and Anthony M. Todaro, in the above-captioned action.
l'i
D. MICHAEL FISHER
Attorney General
,
"I
,I
I,!
I"
['!
[:i
:1
"
,'I
'I
i
;,1
I
f<i
Respectfully submitted,
By:
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3148
DATED: JULY 3, 2000
~T
,--I
I _ "~~
'-,,^
'~
CERTIFICATE OF SERVICE
"
I!
",
i
;,I!
I
i:ii
'I
l::i
'il
:':i
"
!i
Ii
l
I hereby certify that I am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Ii
i
'I
"
,
,
Iii
:'1
"
:i!
II
JERRY R. KNAFO, ESQUIRE
4201 TILGHMAN STREET
ALLENTOWN, PAN 18104
(Attorney for Plaintiffs)
I':i
,,:1
:~i
"
';i
By:
:1
"
I
::i
'il
.!!
i
J
'JI
I
f:1
'I
,:1
!II
:'1
~i
ql
',:1
~I
~!I
::i
;:1
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, P A 17120
717-783-3148 - Direct Dial
DATED: JULY 3, 2000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s) and Address(es):
RANDY MEITZLER and JILL MEITZLER
Husband and Wife
No. 00- 3ssc.. C\V\ L '1dLlV\
vs.
Defendant(s) and Address(es):
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES and
ANTHONY M. TODARO
PRAECIPE TO REINSTATE OR REISSUE
TO THE CLERK OF COURTS - CIVIL DIVISION:
Reinstate the Complaint in the above captioned matter.
xx Reissue the Writ of Summons in the above-captioned matter.
Other:
erry R. Knafo, squire
4201 Tilghman Street
Allentown, PA 18104
(610) 432-2221
ATTORNEY FOR PLAINTIFFS
Date: 7(3/ CJ7)
---,
..J
;';", '~:.c.' ~-_. -~ ,1", '';' ,,~
" ,. r
JiL"...".LLlIL.
J Uj]L""" ',,"
....~
,
'"IiIilIll.Li
'. ,,.'''t:'. --'''''.''''_'." > ~,_.
--'"""""'"
"""~~
~~~;i~....
,~~
~,' ,I-~, ",' -, '
,-,
;" "
(') C> 0
C 0 .,
?;:: , ---I
"Um e ;~~i ',':~:
nlfT; ,-
2:0 ,-,-.tn
&s:: Ul ~,,'.JO
-<.,..--:- :';~(:)
~O -0 ;~~~~
Pn :Jr.
Z~-- ':..)In
5>8 r:~ '-'
~ ""
~ 53
(::> -.;
".
IiIliIi:l
~"
>
~ - "'.
~,O '<' ,~",-..' _", __ ,,_
, ~'"-LJ
<<
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RANDY MEITZLER and JILL MEITZLER,
Husband and Wife,
Plaintiffs,
vs.
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES and
ANTHONY M. TODARO,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
File No: 00-3556 CIVIL TERM
PRAECIPE TO REINSTATE OR REISSUE
TO THE CLERK OF COURTS/PROTHONOTARY - CIVIL DIVISION:
Reinstate the Complaint in the above captioned matter.
_xxx_
Reissue the Writ of Summons in the above-captioned matter.
Other:
Date:
q!,p,C;!tJo
erry R. Kna 0, Esquire
1.0. #36575
4201 Tilghman Street
Allentown, PA 18104
610-432-2221
ATTORNEY FOR PLAINTIFFS
.
lOt
"~O"<
.
1
."g!iWllmltilli. IlIi
'.II8iIiII '~... ,
...._~w~
(') 0
c CO
:? '::::l
-~
uCfJ ::""J
rnrr, -l
Z::r. ;"-,
21.;. C:;) ",..-'
~~.t~ ,--t
r:::C, '-,.'
~() :? ,~!~
-",'.
-~O N ()t"n
Pc
Z 0) :;:::
=< II
CD -<
" " _,~ "_ ,< - 0, ^ ,_ _~ ~
.
- -,,--~~.
~.
c"""",,_""ho-....,,:
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-03556 P
COMMONWEALTH OF.PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEITZLER RANDY ET AL
VS
COMMONWEALTH OF PENNSYLVANIA
STEVEN WHISTLER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
TODARO ANTHONY M
the
DEFENDANT
, at 0014:20 HOURS, on the 11th day of October ,2000
at CUMBERLAND CO. SHERIFFS' DEPT 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
ANTHONY M. TODARO
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
.00
.00
10.00
.00
28.00
So Answers: ~/4
f!"'~~~~.~i
R. Thomas Kline
10/12/2000
JERRY KNAFO
Sworn and Subscribed to before
~
BY:~ ~~
Deputy Sheriff
- ,~~'~---, ~. -.' -- ,,- --y ,"I--~ ,,_" _ -L-o-o,,-, --' - - 0 -,-~---, ,~ "".,';"0~'-' , 'A"')__ioC,,,,,,, ',', -_; "" -,y-, ,,_, ,~"-t;:;"j;-",_c-,,, ,,,<_,,,{<,_, " ;;_.: , :.-':;;:-:'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DIVISION
RANDY MEITZLER and JILL MEITZLER
Husband and Wif~
: No. 00-3556 CIVIL TERM
Plaintiffs
vs.
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES, and ANTHONY
M. TODARO,
Defendants
NOTICE TO PLEAD
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 appearance personally or by an attorney and filing
in writing with the court your defenses or objections to the claims set forth against you.
You are warned that jf 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 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 THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
c __e' ^ '~ "~
. , - 1-, '.L.l',~,' .,--"","-,',-~; -~,.___;{_"I-;""""-~-,' r_:..,;,.;,,,,,-,"-:::;, ',,;'>,:<<. c- '--':., ^-"",;''':;''-'''';"",,;c~ ,_ ":.;;~,~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DMSION
RANDY MEITZLER and JILL MEITZLER
Husband and Wife
: No. 00-3556 CIVil TERM
Plaintiffs
vs.
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES, and ANTHONY
M. TODARO,
Defendants
COMPLAINT
Plaintiffs, Randy Meitzler and Jill Meitzler, by and through counsel, Knafo Law
Offices, bring this Complaint against the Commonwealth of Pennsylvania, Pennsylvania
Department of General Services and Anthony M. Todaro, and in support thereof, aver as
follows:
1. Plaintiff, Randy Meitzler, is an adult individual residing in the Commonwealth of
Pennsylvania at 1503 Linden Street, Allentown, Lehigh County, Pennsylvania 18102.
2. Plaintiff, Jill Meitzler, is an adult individual residing in the Commonwealth of
Pennsylvania at 1503 Linden Street, Allentown, Lehigh County, Pennsylvania 18102.
3. At all times relevant hereto, Plaintiffs resided together as husband and wife.
4. Defendant, Commonwealth of Pennsylvania, is a governmental unit and agency
existing by virtue of the laws of the Commonwealth of Pennsylvania having a principal
place of business at Strawberry Square, Harrisburg, Pennsylvania 17120.
5. Defendant, Pennsylvania Department of General Services, is a governmental
unit and agency and political subdivision of the Commonwealth of Pennsylvania existing
~' ,~,_;;,- ~ "k - - ';{.' "W,;;;" ,,;.,~ -, ,.",-~,",. ,--' '''.:-.~;--"; ..'", '"". -, :,/,-~i,. ;~_:,,;, ~~_,_~ ".,,-' -'Y:' :'_-'~
by virtue of the laws of the Commonwealth of Pennsylvania having a principal place of
business located at 2221 Forster Street, Harrisburg, Pennsylvania 17125.
6. Defendant, Anthony M. Todaro, is an adult individual residing in the
Commonwealth of Pennsylvania and having a regular office and place of business located
at Pennsylvania State Police, 248 Center Road, Newville, Cumberland County, PA
17241.
7. At all times relevant hereto, Defendant, Anthony M. Todaro, was a Pennsylvania
State Police officer and was acting as an agent, servant, workman and/or employee of
Defendants, Commonwealth of Pennsylvania and Commonwealth of Pennsylvania
Department of General Services, and was acting within the course and scope of his
employment and in furtherance of said Defendants' interests,
8. At all times relevant hereto, Defendants, Commonwealth Of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, acted by and through
their agents, servants, workmen and/or employees acting within the course and scope of
their employment and in furtherance of Defendants' interests including but not limited to
each other and Defendant, Anthony M. Todaro.
9. On or about June 15,1998, Plaintiff, Randy Meitzler ("Plaintiff"), was traveling
east bound on SR 76, also known as the Pennsylvania Turnpike, in or about Upper
Frankford Township, Cumberland County Pennsylvania in a 1997 Aerostar XLT. He
pulled his vehicle off onto the wide area adjacent to the roadway that was designed
specifically for vehicles traveling on SR 76 to pull onto from the roadway when suddenly
and without warning, Defendant, Anthony M. Todaro, who was operating a police car to
the right of Plaintiffs vehicle, pulled out from behind a grass embankment directly in front
2
-,",
. ,-- '''''-___'_k
,1-, ','J, ..~,,'" _-h",'"F_ -, "^ ,~-,",,- :",~u";:;"';>~~,;~;":,,'.',;:_"-,, "'--''''" "',~::;'0';;'''i.''-''','-'i''-~'-!''~'''''''''i"7-~"' ,_ ;,;'_~_;;;':'i,
of Plaintiff's vehicle although Plaintiff had the right-of-way, causing the two vehicles to
collide and Plaintiff to suffer the injuries and damages more fully set forth at length below.
COUNT I
Randy Meitzler v. Commonwealth of Pennsylvania; Commonwealth of Pennsylvania
Department of General Services and Anthony M. Todaro
10. Plaintiff incorporates by references paragraphs 1 through 9 above as though
fully set forth at length herein.
11. The aforesaid accident was caused by the negligence, carelessness and
recklessness of Defendants in that Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, acting by and through
their agent, Anthony M. Todaro, and Anthony M. Todary, inter alia, did:
(a). fail to his/its/their automobile under proper and adequate control at the time of
the accident to avoid striking Plaintiff;
(b). operate his/its/their vehicle at a high and excessive rate of speed and drive
hislitsltheir vehicle at an unsafe speed under the circumstances then and there
existing;
(c). operate his/itsltheir vehicle without the same being equipped and supplied with
proper brakes and other safety appliances when he itltheylhe knew; or should have
known of such defective conditions; .
(d). fail to give proper and sufficient warning to Plaintiff of the approach of
his/its/their automobile;
(e). permit his/its/their automobile to enter into the path o( Plaintiff's automobile
although Plaintiff had the right-of-way and without regard to the rights, safety or
position of Plaintiff;
(f). fail to keep a careful and diligent watch to protect the rights, safety and position
of Plaintiff and others similarly situated;
(g). fail to apply its/their/his brakes in a timely fashion in order to avoid striking the
automobile being driven by Plaintiff;
3
,,- "~, 0 ~ ~~ -',-,' "',~ ',-.-.:", - - - '" -_' ,-- '_0, I", ~_' ,,_) ',,,-_~ ',,- --" -,-~, ~,'" -- . __,:';f~>" '-' N' '~'_ -0-" E,,-~~. -';", ;_"c';";~ ,"" _, _<0_ e ,,__,_ ;~o~'~;_<", - \:~:I
(h). fail to swerve his/its/their car or otherwise avoid colliding with the automobile
being driven by Plaintiff;
(i). fail to yield the right of way to Plaintiff's automobile which was lawfully situated
at the time of the accident;
(j). fail to maintain a proper, safe, and adequate look- out under the circumstances;
(k). fail to properly maintain his/their/its automobile in such a condition as to
adequately safeguard the rights, safety and position of Plaintiff and others similarly
situated;
(I). operate his/its/their automobile in such a manner that it could not be brought to
a stop within the assured clear distance ahead;
(m). fail to engage his/its/their turn signals or fail to engage his/its/their turn signals
a sufficient distance and period of time to provide Plaintiff with adequate and
sufficient notice that itlthey/he was going to turn in front of Plaintiff;
(n). fail to maintain a safe distance between his/its/their vehicle and the vehicle
being driven by Plaintiff;
(0). fail to look, and continue to look for the automobile of Plaintiff, and other traffic
proceeding in the area of Plaintiffs automobile; and
(q). operate his/its/their automobile in violation of the laws and statutes of the
Commonwealth of Pennsylvania and the Ordinances of Cumberland County,
including but not limited to statutes governing, speed, operation on the right side of
the roadway, yielding the right of way, turn signals, stopping within the assured
clear distance ahead, careless driving;
(r). operate said police car in violation of Defendants' own guidelines and
standards of care and safety;
(s). fail to properly train Anthony Todaro in the proper operation of a police car
under the circumstances existing herein;
(t). fail to use reasonable care in hiring, supervising, employing and/or promoting
Anthony Todaro;
(u). permit Anthony Todaro to continue to work as agents, servants, workmen
and/or employees. when said Defendant knew, or should have known, that said
agent, servant, workman and/or employee was unable to, refusing to and/or
incapable of properly performing said requirements of his employment;
4
.I:
__ I
,-~ ,,,;;;,,:;,;-,_,_, ~~"'__< ii'_~,>-__,;" "",,::,' _.-" '-~', '._ _~ ,__
,,,,:~';-' :'-ri;~-"'-~"-' " - C', -, '':'-<'~">i
(v). fail to establish procedures and programs to determine whether Anthony
Todaro was fit, cepable of, or actually properly performing the requirements of his
respective employment in accordance with Defendant's standards of care and
reasonable standards of care.
12. Solely as a result of the carelessness, negligence and recklessness of
Defendants, Plaintiff was caused to suffer injuries to his bones, joints, muscles, tendons,
blood vessels and soft tissues throughout his entire body, both internally and externally, all
of which may be permanent, including, but not limited to: neck, shoulder, and back strains
and sprains, injuries to the intervertebal discs and tissues; injuries to the face, eyes and
legs.
13. As a result of the above injuries, Plaintiff has been and may be in the future
obliged to expend various and diverse Sl:lms of money for medicine and medical treatment
in an effort to cure the above injuries, all to his great loss and detriment.
14. As a result of the above injuries, Plaintiff was and may continue to be unable to
attend to his usual duties and occupation and thereby suffered and suffers loss and
depreciation of his earnings and earning power; he may continue to suffer the same for an
indefinite period of time in the future, all to his great financial loss and detriment.
15. As a result of the above accident and injuries sustained thereby, Plaintiff has
suffered physical pain, mental anguish, anxiety, embarrassment and humiliation and may
continue to suffer the same for an indefinite period of time in the future, all to his great loss
and detriment.
16. As a result of the above injuries, Plaintiff has been unable to engage in his
usual and customary social and recreational activities and other life's pleasures may be
prevented from engaging in such activities in the future, all to his great loss and detriment.
5
=~
" c_"",,"'.>"_"_.
,.~
['-n"' .~~._",.,~.",~,,-.,;;,n;,,"~< . _ .0_,,,-:',;'_ ~'-.-'d-",'o' _',,,, _",,,~;'.; <,_,';,,,;.,,';:"_'~",,_
WHEREFORE, Plaintiff, Randy Meitzler, demands judgment against Defendants,
Commonwealth of Pennsylvania; Commonwealth of Pennsylvania Department of General
Services and Anthony M. Todaro, in an amount in excess of $50,000.00 plus delay
damages and costs of suit.
COYNTII
Randy Meitzler v. Commonwealth of Pennsylvania and Commonwealth of
Pennsylvania Department of General Services
17. Plaintiff incorporates by references paragraphs 1 through 16 above as though
fully set forth at length herein.
18. At all times relevant hereto, Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, were the owner of the
motor vehicle being driven by Defendant, Anthony M. Todaro, at the time of the accident
and were the employers of Defendant, Anthony M. Todaro.
19. At all times relevant hereto, the automobile which was being operated by
Defendant, Anthony M. Todaro, at the time of the accident was under the direct and
complete control of Defendants, Commonwealth of Pennsylvania and Commonwealth of
Pennsylvania Department of General Services, and being operated by him furtherance of
Defendants, Commonwealth of Pennsylvania and Commonwealth of Pennsylvania
Department of General Services's interests.
20. On the date and at the time of the accident as aforesaid, Defendant, Anthony
M. Todaro, was operating the subject automobile with the express or implied permission
and consent of Defendants, Commonwealth of Pennsylvania and Commonwealth Of
Pennsylvania Department of General Services, and at the specific request of Def~ants,
6
" "<.A,,,
'.. .~
".-'<,",..-,
",,1,."
_,",1_'"
"'-.', ;~ ^-."- -'--~ ,':;;,-'>~' -,,,.;{ ':"c..:- ,,'
-'. ' ,- ---
,,"~,,~ :> ;~~"<--':",<""",,._~-~:~,"-)-, <
_ " "4-., ',-~ ~,
Commonwealth of Pennsylvania and Commonwealth of Pennsylvania Department of
General Services.
21. On the date and at the time of the accident as aforesaid, Defendants,
Commonwealth of Pennsylvania and Commonwealth of Pennsylvania Department of
General Services, directed and ordered Defendant, Anthony M. Todaro, to drive the
subject automobile, chose his destination(s) of travel, which was/were selected for their
own sole benefit and purpose, directed and ordered the times of day when he was to
leave for the destination and return from the destination, directed and ordered him to drive
only to said destination, and/or directed and controlled his route of travel to said
destination(s).
22. At all times relevant hereto, Defendant, Anthony M. Todaro, was the agent,
servant, workmen and employee of Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, acting within the course
and scope of his agency and in furtherance of the interests of Defendants, Commonwealth
of Pennsylvania and Commonwealth of Pennsylvania Department of General Services.
23. Prior to the date of the aforesaid accident, Defendant, Anthony M. Todaro,
drove motor vehicles and engaged in other activities in a negligent and reckless manner,
including times when he was unsafe and unfit to drive a motor vehicle and a hazard to
other vehicles on the roadway and including times when he caused or was a potential
cause of other motor vehicle accidents, and thus had a propensity to act in a negligent
and reckless manner.
24. At all times relevant hereto, Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, knew or should have
7
....",...
,I", - . :--ic:, . k' ,..~o~,~_~ .-'"",!"""_,,-,,C';<," "_'. ,.._< _', ",,_,1-~":,___"'-" \-'-""0'-. _('-_,,"-_C;,:~, "^ ",",,_',~. ~!I
known that prior to the date of the aforesaid accident, Defendant, Anthony M. Todaro,
drove vehicles and engaged in other conduct in a negligent and reckless manner and thus
knew that Defendant, Anthony M. Todaro, had a propensity to act in a negligent and
reckless manner.
25. At all times relevant hereto, Defendant, Anthony M. Todaro, was incompetent
to safely drive an automobile and was recklessly inclined to cause an automobile accident.
26. At all times relevant hereto, Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, knew or should have
known, that Defendant, Anthony M. Todaro, was incompetent to safely drive an
automobile and was recklessly inclined to cause an automobile accident.
27. At all times relevant hereto, Defendant, Anthony M. Todaro, intended to or was
likely to use an automobile or conduct himself in such a manner as to create an
unreasonable risk of harm to others.
28. At all times relevant hereto, Defendants, Commonwealth of Pennsylvania and
Commonwealth of Pennsylvania Department of General Services, knew or should have
known that Defendant, Anthony M. Todaro, intended to or was likely to use an automobile
or conduct himself in such a manner as to create an unreasonable risk of harm to others.
29. The aforesaid accident was caused by the negligence, carelessness and
recklessness of Defendants in that, inter alia, itlthey did:
(a). negligently entrust their vehicle to Defendant, Anthony M. Todaro;
(b). entrust their vehicle to Defendant, Anthony M. Todaro, on the date of the
accident although they knew, or should have known, that he was incompetent or
recklessly inclined to cause an accident;
8
~ "" - ,-,
_I.
c~cc-.",c '",c",_~,<'.' "'" .
",-" '-J:,j'~L.~.;;";-di~",:~::' _: ;-,,' ~, ',,", .: ,_~,;
(c). entrust their vehicle to Defendant, Anthony M. Todaro, on the date of the
accident when they knew or should have known that he had previously operated a
vehicle and engaged in other conduct in a negligent and/or reckless manner;
(d). entrust their vehicle to Defendant, Anthony M. Todaro, on the date of the
accident when they knew or should have known that he had a propensity to act in a
negligent or reckless manner;
(e). permit Defendant, Anthony M. Todaro, to operate his vehicle which was under
his control when they knew or should have known that he intended to or was likely
to use the vehicle or to conduct himself as a driver in such a manner as to create
an unreasonable risk of harm to others in violation of the Restatement (Second)
of Torts Section 308;
(f). act willfully, reckless, negligently and carelessly by and through their agent,
servant, workman and/or employee, Anthony M. Todaro, as set forth in Count I of
this Complaint, said averments being incorporated herein by reference as if fully set
forth at length herein;
(g). violate the laws, statutes, rules and ordinances of the United States of
America, Commonwealth of Pennsylvania and their political subdivisions.
30. Solely as a result of the carelessness, negligence and recklessness of
Defendants as set forth in the above, Plaintiff was caused to suffer the injuries and
damages more fully set forth in Count I above.
WHEREFORE, Plaintiff, Randy Meitzler, demands judgment against Defendants,
Commonwealth of Pennsylvania and Commonwealth of Pennsylvania Department of
General Services, in an amount in excess of $50,000.00 plus delay damages and costs of
suit.
9
,-.' ~ -<' , - ~.-
,,___1-, .,,_'_'_.C'_.,.__.'_'<
'" .' - ,--"" .~ -
,; :-;_;::'-_,::':".~:i,~;~>';;-_':,i.::;c
. ---". "~J:
, .
COUNT III
Randy Meitzler v. Commonwealth of Pennsylvania; Commonwealth of Pennsylvania
Department of General Services and Anthony M. Todaro
31. Plaintiff, Jill Meitzler ("Spouse-Plaintiff'), incorporates by reference paragraphs
1 through 30 above as though fully set forth at length herein.
32. As a sole result of the carelessness, negligence, and recklessness of
Defendants as more fully set forth above, Spouse-Plaintiff has been obliged to incur and
may continue to incur for an indefinite period of time into the future many costs for
medicine, medical care and attention, and hospitalization in an attempt to treat Plaintiff for
the injuries caused to him by this accident, all to her great financial loss and detriment.
33. As a further result of the carelessness, negligence, and recklessness of
Defendants as more fully set forth above, Spouse-Plaintiff has been deprived of the
society, comfort, assistance, and consortium of her husband, Plaintiff, and may continue
to be deprived of the foregoing for an indefinite period of time into the future, all to her
great financial loss and detriment.
WHEREFORE, Plaintiff, Jill Meitzler, demands judgment against Defendants,
Commonwealth of Pennsylvania; Commonwealth of Pennsylvania Department of General
Services and Anthony M. Todaro, in an amount in excess of $50,000.00 plus delay
10
-,,' ""--+J',_~" - .'"'-~.~---"/'-';'-.___; _.. "~--_-___'''J__"
. '" .
damages and costs of suit.
KNAFO LAW OFFICES
BY /vU;K()Jt;
M~rk K. Altemose, Esquire
I.D. No. 58939
4201 Tilghman Street
Allentown, PA 18104
(610) 432-2221
Attorney for Plaintiffs
11
"';'- -~"~ --,'" ,~;" ,- -" '-- :,:.;:,:(;i
" .
"
_-~ ,,- -, ",-',."_"__L_ " ,
',- 'M,I--- 1__,.,..:..;:"",' -~,
- " -;:;'~-- . ,ie' -,0--;...-___
="""
.. " .
.. '. .
VERIFICATION
The Undersigned verifies that he/she is the attomey for the Plaintiffs in this matter, has
read the attached pleading and that it is true and correct to the best of hislher knowledge,
information and belief.
This verification is made subject to the penalties of 18 P.S. Section 4904 relating to unsworn
falsification to authorities.
jjJj( ~/~
Mark K. Altemose, Esquire
DATE:
(FJ
12
"",
~ J -
_'~ 'k'
-":-_I;';'~i'-";':;"",,:- _ :~'
, .
c~
'...."
"
o
r.;.
""
-of'f;
rn(l';
z:~.
Z.'"
0))".':
./ ."
~C:
~Q
-.,..C)
:;1>("
Z
~
o
C::.J
Z
o
I
.',)
~
:1."
~?
.,-)
&'
.'.'.
-. '<~- !
~
o
-n
__I
\,\~
~~}
"
<'~:f~
t5f'l1
--\
:c>
':D_
-<-
-=r
,_0" k.-X"___o"~,~",,,,, .""S="'''' ,-V._,_"" ~" I_<_-',~____ - ,--,;.; 6-~"",O_'O-"'V;..c'~"~">:_'~_-i~';'_"_~_',,,-C
"-,;,t'-,--,,v "..~
_n ,,- -;';~<'i
-..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff(s) and Address(es):
RANDY MEITZLER and JILL MEITZLER
Husband and Wife : No, 00 - dSS 10
1509 Hamilton Street
Allentown, PA 18102
C'u.( '-r~
vs,
Defendant(s) and Address(es):
COMMONWEALTH OF PENNSYLVANIA
Strawberry Square
Harrisburg, PA 17120
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES
2221 Forster Street
Harrisburg, PA 17125
\
and
'-
ANTHONY M, TODARO
214 Faith Circle
Carlisle, PA 17013
. ~l
I,
PRAECIPE FOR SUMMONS
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue summons in Civil Action -law in the above case,
xx Writ of summons shall be issued and forwarded to Sheriff,
~~rr-~
Signature of Attorney
Jerry R. Knafo, Esquire
4201 Tilghman Street
Allentown, PA 18104
(610) 432-2221
Date:
6/7/2.-0()~
Supreme Court ID Number 36575
" ,""
'0' '. ',diC"
';'~,t ",-;..'t ~~ < ~,
"""H . ...
,,~, , I.
, ,',' "-'~
,-,' '",.,
"I
,,-,
,"-
~ &. ~
~ ~ {B
't h ~ 8 0
d <::>
-"".
& <, c...
....() '-- C/) !:Jru c::
~ () [!lrr-; ~e :-~J ;;:IJ
" 2:r;
2::r.;-< ""JJ-n
~ I I'\) --'?
co =~-::- "')
~ :<: ..,-::" ,.,-\
~ ~ ke; "'0 :;:C.l
~ ";.....",
~o -;c.. 0')-"
0 :'~0
I Pc:::' ~ OiTl
2: 0:-1
:< ?6
'::- -<
i"'~~
, '
)
.
-~
Commonwealth of Pennsylvania
County of Cumberland
Randy Meitzler and Jill Meitzler
Husband and wife
1509 Hamilton Street
Allentown, PA 18102
VB.
Commonwealth of Pennsylvania
Strawberry Square
Harrisburg, PA 17120
Pennsylvania Department of
General Services 2221 Forster Street
Harrisburg, PA 17125
Court of Common Pleas
No, n_.9_Q::~.?_~~_~,t'!:H_1'..~~um_mm 19m_
Anthony M. Todaro
214 Fiath Circle
Carlisle, PA 17013
In ____~A'!::j,L~g!:j.QIL=__~~_u__m_m_m___
To S:_~_n.~e:~}._t.1}_9K_~~~~Y!Y!~E!!~-,--~~!1_n.~y}.vania Department of General Services, and
Anthony M. Todaro
You are hereby notified that
Randy Meitzler and Jill Meitzler, Husband and Wife
the Plaintiff ha s commenced an action in ___..civiLActinIL::-_.LaW_n_______________uuu_______
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
._---------~-~~~-~:_~~~---------------------
, Prothonotary
Date ______JlUle_12..._2'OJ)Jl.~~______ 19____
--2~-!7l~-
Deputy
;j.""-~='I~'U~~~il.l@W~-l'~<~,,_."'",..w.--'".'~_.m~R,,<iit.lfiQi'r/M~'"~~iVft: "_.......'l<l~', ,'---"''''-=0" --.
H"~' ~r!iii~
.-.Jj~li' ,
-~ ,~
.-
00 .,",..,
.
.- ~':1'
j
l
.... J,'
^
HO'\:J:::l~t:..! I n"'!5' III ~"'fbl'tl ~~n ~ 0: gil;? ~
. I--'I--'N(D I III f-' 8. III '" ro
OOf-'O'i I 'i....c+ 'i "'::s S 'i 'i ~ I--'OUl~
. I ro f-'~ I f-' :;r 'i f-'ro ~.~ rol.OO'o.
....::s I f-'. "J 0 f-'- 'i en iJ. ~ '<:
=l:t=wrtl-3 'n en 1ll::S en'r.llll'<: en 0' ~ 0
N~ i-'-:;c if-', f-'f-"'<: O'Of-'f-' O'ro ~ r-~'! 0
WI f-" i<: !i' g:.~ ~ a ~ ~ ~~ III I
"'''' <.Q 11-" W
~ ~- i ~ ,..... r <.Q f-' ... I--'::::J IT U1
'tin - ro ~ f-" - ,c+ IT 01 N U1
U1f-''tI III ~ :>' f-">-3 'i III en:;r ;go",f-' '"
:~l :J:'::SHl j() f-'~8. 'tI f-" 'tI~ 1B ::s ,ro
0 Irl' :J:'enoro' :J:' g, f-"'i n
.. I f-' en- lJ- ""f-'~ c+ro f-'enHl f-'-
S, ooc+ oro f-''ien1i) f-''i ooc+rolll <:
WI f-''it<:l 15 ~ f-' 0 ...,ro ...,ro'tl f-''i ::s f-"
oroen I W f-'ro ~ f-' ro ~ f8 0. f-'
~! : ....ro..o .1 "'c+ '" S
I C+. I U1 0 c+ "-< ~
. ~ .... en f-'-
I Cl iJ. '<: f-' ~
I
I f-' f-'
I I ~
I I 0 if
I I Hl
I I f-" f-'- -
I , <Q
I I III c+ I
. I N I
I I f-' I
I I ro I
'i
AJ
[
'-..b
tr
lit
.t r.
(::;J h
~
()[
~\\
:\j....'b
. ,0 ~
~
r
""
'{I
~,
r
d,_
"O~ ,!
,;
~.
,.
,
"
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-03556 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEITZLER RANDY ET AL
VS
COMMONWEALTH OF PENNSYLVANIA
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
TODARO ANTHONY M
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
On July
20th , 2000 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's costs:
Docketing
Out of County
SURCHARGE
DEP. DAUPHIN CO
18.00
9.00
10.00
29.25
.00
66.25
07/20/2000
JERRY R. KNAFO
S~
R. Thomas K~
Sheriff of Cumberland County
Sworn and subscribed to before me
this 1.iV/- day Of~
;J/rlTO A. D .
~ CJ. ~#~.~ $li
Prothonota y
<
/
.
'"
@ffitt of t4~ ~4~riff
William T. Tully
Solicitor
Ralph G. McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17l 0 I
ph:(717)255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MEITZLER RANDY AND JILL MEITZLER,
vs
County of Dauphin
TODARO ANTHONY M
Sheriff's Return
No. 1541-T - -2000
OTHER COUNTY NO. 00-3556
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for TODARO ANTHONY M
the DEFENDANT named in the within SUMMONS
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, July 13, 2000
DEFENDANT NO LONGER WORKS ON FORSTER ST. IN HARRISBURG. WORKS AT TROOP T,
NEWVILLE STATION IN CUMBERLAND COUNTY, 776-3135.
. So Answers
Sworn and subscrlbed to '
= Chi. U,. ',y ., ~", ,,"" J f!~
c!., ~~ ,".<in;;(t~,..
PROTHONOTARY By , ·
Deputy Sheriff
before
Sheriff's Costs: $29.25 PD 07/12/2000
RCPT NO 138843
NM/FK
'"""
~ ' ~
_,~ ,~,' ~,";u~' ,,', "_
<
.
/ "" 'In The Court of Common Pleas of Cumberland Connty, Penn.sylvania
Randy Meitzler.~~. al.
Commonwealth of PA, et. al.
Serve. AnthonY,M. Todaro
c/o Pennsylvania Dept. of
No. 20-3556 Civil
General Services
Now,
7/5/00
, 20 0 (j , !, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.. /./ '~'"
, ' ~~~-t:~-'
Sheriff of Cum her land County, P A
Affidavit of Service
Now,
,20~,at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made lrnown to
the contents thereof
So answers,
Sheriff of
County, PA
20
'-
COSTS
SERVICE
l\1ILEAGE
AFFIDA VIT
$
Sworn and subscribed before
me this day of
$
(~'
~
="
~
\hl!:::o
~
" ....
,
".
~~, ~ ~ ,- --,
,..
-",~
~c , ,1111~
, ",'c" "
~_,"1l1:r~~."'I'
,~
~
=
1CUL..
~~
n n
'......~~
'('~::))
"'"t'
,.,..,,~~r,'~" =,~~jjJtiJ'H"~~lffiij '^i N_1f.
; j,~,
" J
-~
,~ < "~'"
.",:to
I ' TRUE coPY PROM RECORD
hi Testimony w\'w:( H"rare un10~t my hand
~ the Sial o! '0;;1 i,iOO at Carlisl6. Pi.
-+l,x'1a"?
Commonwealth of Pennsylvania
County of Cumberland
Randy Meitzler and Jill Meitzler
Husband and Wife
1509 Hamilton Street
Allentown, PA 18102
vs.
C<JIlIlOC)nwealth of Pennsylvania
Strawberry Square
Harrisburg, PA 17120
Pennsylvania Department of
General Services 2221 Forster Street
Harrisburg, PA 17125
Court of Conunon Pleas
No, m.9_Q::~5_':?(d:J_'!:U_1.~:gn__m__nm 19_m
Anthony M. Todaro
214 Fiath Circle
Carlisle, PA 17013
In __n~_~'!:U_}~<;:t.iQ'2_=-_~~______m__________
To S:_~l~'-'~E.~~}'_t:':_~_~_~ECPE.!?X~Y~!~L~EC!l_n.~y}.vania Department of General Services, and
Anthony M. Todaro
You are hereby notified that
Randy Meitzler and Jill Meitzler, Husband and Wife
the PlaintiH ha s commenced an action in ___.civiLActian_=-_.Iawn___n________h__nnnnnn
against you which you are required to defend or a default judgment may be entered' ~gainst yeu.
(SEAL)
Curtis R. lDng
.------------------------------------------------
Prothonotary
Ilate ______JlUle_~~_2DJlQ________ 19____
, -2~-m~-'
Ileputy ,
'''"~'~ ~-~
~)
r;;:fu
~:~
c:;g
~
OFF1:~oE (\F rJ'E SHERIfF
cu~'~~ 'It!Nfr
JUH 13
10 00 till '00
;,) ,~: I
P E ie'" '; ':'[ .. '" I'
,1j I,: ',) 1 ,,'-./ i'~ i '1 j-~
@IV
r;:u-
~
c:5
&iVil
~
, (I) , ,
I .--\ , ,
I N , ,
I 4-' III , 1
Ol -.-j -.-j , ,
,
- ~ ~ .... 1 1
1
1 0 I I
I I ,
e: .--\ .--\ 1: ~ ,
,
.--\ :>, = ,
(I)' -.-j Ul ~ ,
E-<' ...
I-:J 4-' 2 0 If) 1 '4-' ,
llJ~ N 4-'N 8 " O'llJ'" I i;-
.--\ '2 (I) ..-< (1)..-< M , Ul 0 ,
, e
'.-j ~..-< P< (1)1"- III (1)1"- ~Q)8 ,~ [oLI~..-< 1
:> 1ll(l)4-'CO ~..-< o.Ul~..-< j 4-'00 '0
'.-j ....(1).--\ t! ~~ ~~i\5..: "-<1"- -(I) ..-< ,~
U ~,.-j ~ 'B U..-< +Jo o -r: :.(
(1):;<"": ,.-j P< E-<'~ -r: ~
\,0 .--\ 0 P< .a (I) III ~ ~ ~j~~L{) ,
1
If) N'04-' 4-' - .~ Q).. UP< ~ NI"- ,
If) 4-' "..-< - ..-< t;'0'> ,,(I) 4-' B" r-I, -N If) ,
M -.-j Ill'~" III H a:iOOOO =>:: ,c .. -.-I' ty, ~ <"'1 =.0
I (I) 5 ~ ~ ::J :> ~::J 4-' (I) :>1 .~ 1M
0 :;:~ 4-' (1).0 "-<"-<0.0 :>',.-j"-< _.-jl 0::;-.-1 N
0 <:: .0 Ul :>'Ill '" Ul "Ill Ul U: E-i.J.JM=/:t=
:>, c ~ ;l:-.-j Ul ~ '.-j 0'" '.-j , t;' "'"
res ,.0 '" Q) rtl ~ 2 (1)..-< ~ ..c: ..-< , ~ GJ I .
~rIlOr-l ~ ~ C N ~ '0 4-''''~ , lo-IO~oO
~ &l::Jlf)"-< 04-'6'l (I) 8l N III C ~"-<Ill 1 (l)N;:;j..-< .
iI:..-<": U(I) P< NiI: III NU I lJo:::r I..OH
\ ,
. -
"-- ~
-"'1,...._~r II~ -. ~",
-- .
] ~JljL~"., ~..~~~~Jj?ij'~~m>~;fJi~.~~Ii~,lIl!~".""",.
_,JL~,"__
"
~"4:Fj11
:~lll~~",~
..~
'.
'" ~
':1
SHERIFF'S RETURN - NOT FOUND
.
" 'CASE NO: 2000-03556 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MEITZLER RANDY ET AL
VS
COMMONWEALTH OF PENNSYLVANIA
R, Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
TODARO ANTHONY M
but was
unable to locate Him in his bailiwick, He therefore returns the
WRIT OF SUMMONS
, NOT FOUND , as to
the within named DEFENDANT
, TODARO ANTHONY M
DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
3,10
5.00
10.00
.00
36.10
omas Kline
riff of Cumberland County
Sworn and subscribed to before me
this 1 ~ day of CJ...4
20-v0 A.D.
9'th' 0 D. 7w .I~L- . ,^t7f
Pr t notary
.~
-
SHERIFF'S RETURN - OUT OF COUNTY
""''-:
\ 'CASE NO: 2000-03556 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEITZLER RANDY ET AL
VS
COMMONWEALTH OF PENNSYLVANIA
R. Thomas Kline
duly sworn according to law, says, that he made a diligent search and
, Sheriff or Deputy Sheriff who being
and inquiry for the within named DEFENDANT
PENNSYLVANIA COMMONWEALTH OF
but was unable to locate Them
deputized the sheriff of DAUPHIN
, to wit:
in his bailiwick, He therefore
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
26th , 2000 , this office was in receipt of the
On June
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dauphin County
6.00
9.00
10.00
31.50
.00
56.50
06/26/2000
LARRY KNAFO
Sworn and subscribed to before me
this 1 & da.y of ~j
.,zU1l"0 A.D.
~Q~I~
Prothonotary
omas Kline
of Cumberland County
_J
- - I
,-,
'I'
SHERIFF'S RETURN - OUT OF COUNTY
" 'CASE NO: 2000-03556 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY ,OF CUMBERLAND
MEITZLER RANDY ET AL
VS
COMMONWEALTH OF PENNSYLVANIA
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
PENNSYLVANIA DEPARTMENT OF
but was unable to locate Them
deputized the sheriff of DAUPHIN
, to wit:
GENERAL SERVICES
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
26th , 2000 , this office was in receipt of the
On June
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16,00
06/26/2000
LARRY KNAFO
omas Kline
iff of Cumberland County
Sworn and
before me
subscribed to
day of ~
this 7 ~
:2 o-vu A.D,
~t1.~~
Prothonotary
...
~"". ~
, " ,~ ~.', ""':,:,
"
@iiite of tqc ~4c:riff
William T. Tully
Solicitor
Ralph G, McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W, Rinehart
Assistaut Chief Deputy
Dauphin COunty
Harrisburg, Pennsylvania 171 0 1
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MEITZLER RANDY
vs
County of Dan ph in
COMMONWEALTH OF PA
Sheriff's Return
No. 1381-T - -2000
OTHER COUNTY NO. 20-3556
AND NOW: June 19, 2000
at 11:00h~ served the within
SUMMONS IN CIVIL ACTION
upon
COMMONWEALTH OF PA
by personally handing
to ANNETTE LAUCH, RECEPTIONIST
1 true attested copy (ies)
of the original
SUMMONS IN CIVIL ACTION
and making known
to him/her the contents thereof at STRAWBERRY SQUARE
HBG, PA 00000-0000
Sworn and subscribed to
So Answers,
JR~
before me this 22ND day of JUNE, 2000
t. ~aMtW
Sheriff of Dauphin County, Pa.
PROTHONOTARY
By~~tt,~
Deputy h if
Sheriff's Costs: $31.50 PD 06/16/2000
RCPT NO 138044
RH
\
" "
-
~ "'
""-":'1
.
@ffitt of tq~ ~4~~iff
William T, Tully
Solicitor
Ralph G, McAllister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 1710l
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
MEITZLER RANDY
vs
County of Dauphin
COMMONWEALTH OF PA
Sheriff's Return
No. 1381-T - -2000
OTHER COUNTY NO. 20-3556
AND NOW: June 19, 2000
at 1:40PM served the within
SUMMONS IN CIVIL ACTION
upon
PA DEPT OF GENERAL SERVICES
by personally handing
to BRANDY ATZWEILER, RECEPTIONIST
1 true attested copy(ies)
of the original
SUMMONS IN CIVIL ACTION
and making known
to him/her the contents thereof at 2221 FORSTER ST
HBG, PA 17125-0000
e.. ~i1tlMW
So Answers,
Jf~
Sworn and subscribed to
before me this 22ND day of JUNE, 2000
PROTHONOTARY
Sheriff of Dauphin County, Pa.
BY~~
Deputy She iff
Sheriff's Costs: $31.50 PD 06/16/2000
RePT NO 138044
RH
"
"
",,-
"c " " ,c ~.
-,.' "'.'0"1
I
:1
[I
II
;1
11
:1
il
!I
fI
II
In The Court of Common Pleas of Cumberland County, Pennsylvania
,. " Randy Meitzler, et. al.
VS.
Commonwealth of PA, et. al.
Serve: Commonwealth of Pennsylvania
N~ 20-3556 Civil
Now,
6/13/00
, 20 () " ,1, SHERIFF OF CUMBERLAND COUNTY, P A, do
. hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff,
, ,,' ~~~~e:~,
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20 ,at
o'clock
M. served the
within
upon
at
by haridil1 g to
a
copy ofthe original
8ndmade lmown to
the contents thereof.
So answers,
Sheriff of
County, PA
20
'-
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
Sworn and subscribed before
me this _ day of
$
-J
..i'__',l^',' -~'~~':';'~'""'.,:,~- ,,~' ,
,In The Court of Common Pleas of Cumberland County, Pennsylvania
. ' .
Randy Meitzler, at. al.
VS.
Commonwealth of Pennsylvania, et.' al.
Serve: Pennsylvania Department
of General Services
No.
?n-<~~h
ri,Ti 1
Now, 6/13/00
, 20 () (J , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
,,' . ~~~#
Sheriff of Cumber Ian d County, P A
Affidavit of Service
Now,
, 20_, at
0' clock
M, served the
within
upon
at
by handing to
a
copy ofthe original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this day of
20
'-
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
%
~',-7""'c ,
I
. 'C_' ~( it F ',~ ,,,,;' f . _
H'~! C 1 1 ' 1<,
" ;'i:I:""
,~"'. lo
. ,
.
'T',"
'f"" "," ~"." ". ,_
,,-
f:"'-C
.._JfWJ'~~ ,_ ~
0',,,-, ,,,,,,.,' ~~'''' o.
'-'III'""'mT
~~J!IlIl~~~Jtrii,Lml:;f!i!'\'1 ,~JI'IM~:
.
,~
~
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Jay W. Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and ITLL MEITZLER: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
COMMONWEALTH OF
PENNSYL VANIA, PENNSYL VANIA
DEPARTMENT OF GENERAL
SERVICES, and ANTHONY M. TODARO:
Defendants
: NO. 00-3556 CIVIL
Commonwealth of Pennsylvania, Department of General Services and
Anthony M. Todaro's Objections to Plaintiff's Interrogatories
9,(e-s) Objection, This Interrogatory is beyond the scope of permissible discovery
pursuant to Pa, R.C,P, 4003,5,
10, Objection. This Interrogatory is beyond the scope of permissible discovery
pursuant to Pa, R.C.P, 4003,5, The Commonwealth party will identify all experts it intends to
call at trial once such a determination has been made,
The Commonwealth defendants also object to any interrogatory which asks for privileged
or confidential information concerning the personnel file or employment reviews of defendant
Todaro. Furthermore, the Commonwealth defendants object to the number of interrogatories
presented in that they exceed the amount permissible,
Respectfully submitted,
D, Michael Fisher
Attorney General
tark ID #51786
eputy Attorney General
By:
DATED: December 6, 2000
'"'~.c,~-'
,
.
-
CERTIFICATE OF SERVICE
I hereby certify thatI am this day serving the foregoing document(s) upon the person(s)
and in the manner indicated below:
,
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Mark K, Altemose, Esquire
Knafo Law Offices
4201 Tilghman Street
Allentown, PA 18104
(Attorney for Plaintiffs)
By:
tar 10 #51786
ty Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3148 - Direct Dial
DATED: December 7, 2000
" " ',. ~ ;..:~,; . i
/, ~ ...-
111'..
111
,.~, ", -,. ,., -~
C,.' ~.~_ "'""""
"",
",'-,,,",'
^,','" "',~ , --
'"'-'"
"
. , ~-
",-
0 CJ' C)
c: c:., -d
:c- O
-,
-0 o:~ i"n "::.'
mo.~ d ;';- )""
2_, I :"11
2:r- , ,
0'>- CD ':'0i:~1
-<2
~CI
:s:: v
~O ~"'-J.. ~~ /;1
=0 1Si
;J>c: ,J
~ (,,> S'
0"1 2?
I>;
f
.
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, P A 17120
I,.;
"
-'~<~< ";-,,,',"- ,"', ~;.~\ -~"" ~ '." ~ "';',j
I
!
Jay W, Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and JILL MEITZLER: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
COMMONWEALTH OF
PENNSYL V ANIA,.PENNSYL VANIA
DEPARTMENT OF GENERAL
SERviCES, and ANTHONY M. TODARO:
Defendants
: NO, 00-3556 CIVIL
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by all counsel that the Complaint filed in
the above-captioned case is amended as follows:
1. The Defendant, Commonwealth of Pennsylvania, is dismissed from this case with
prejudice, Any references to it in the Complaint are stricken and deleted,
2, The words "reckless," "recklessness," and "willfully" are stricken and deleted
wherever they appear in the Complaint.
3, The words "inter alia" are stricken and deleted from paragraphs 11 and 29 ofthe
Complaint.
;/;!J
Mark K. Altemose, Esquire
Attorney for the Plaintiffs
Dated: It( ;).1.\ 15O
Dated: Il-;'} 1- 0 0
,
1,-
;-
, ' '--h'"".~.,' ,
--1'-'-,,-,,' ''';';;
.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document( s) upon the person( s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Mark K, Altemose, Esquire
Knafo Law Offices
4201 Tilghman Street
Allentown, PA 18104
(Attorney for Plaintiffs)
By:
10 #51786
uty Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, P A 17120
717-783-3148 - Direct Dial
DATED: December 7, 2000
:'~ll
^'--..;..;,.,..
"
,- tdli~.iTilI<<lAl:l~
,,~
<' <
',....'
'<,,, ,..
..."
',0
H"""
-~ '...-
,
,
.
() c.,
C 0
? i=:t
'"Des "'''."1
n"ln-, ,-, -.~.
Z:::C' j--'l
2r;: , " C,"\
(/)0..::.:: Co ~'"~~ ~~.l
~.
rc5 u "-.-'-'rj
s: ~;~
1i!:o
;;;;8 ':i'
~ w s;!
:iJ
CJ1 -<
,
. '~
. <,
","",.',.-~~^,-" """,,"~~k-,,=<
..
.,
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Jay W, Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and TILL MEITZLER: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES, and ANTHONY
M, TODARO
Defendants
: NO, 00-3556 CIVIL
NOTICE TO PLEAD
TO ALL PARTIES:
YOU ARE HEREBY REQUIRED to respond to the Commonwealth Defendants' New
Matter within twenty (20) days of the date of service hereof or a default judgment may be entered
against you,
Respectfully submitted,
D, Michael Fisher
Attorney General
~,
DATED: January 10,2001
---- '" ~"-
,.l__,'",,'''"
h'"
_c,,:...,
.'~'"'''.--
,
..
..
Office of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
Jay W, Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and JILL MEITZLER: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES, and ANTHONY
M, TODARO
Defendants
: NO, 00-3556 CIVIL
ANSWER AND NEW MATTER OF THE COMMONWEALTH DEFENDANTS
TO PLAINTIFFS' COMPLAINT
AND NOW come the Defendants, Pennsylvania Department of General Services and
Anthony Todaro, by and through the Office of Attorney General, and file the following Answer
and New Matter to Plaintiffs' Complaint:
1, Admitted, based solely on information obtained from the police accident report,
with the qualification that the report list Randy Meitzler's address as 1509 Hamilton Street.
2, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth of these averments.
3, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth of these averments,
4, Pursuant to a stipulation filed with this Court, (which is attached as Exhibit "A")
the Commonwealth of Pennsylvania is not a party to this action.
5, It is admitted that the Department of General Services is a govemmental nnit and
, ~---
"
,_ L
',- '-- .,-,", ' - - ," 'cl "'.~ ",_
",
, ",..',
,
fI
agency and political subdivision of the Commonwealth of Pennsylvania. It is denied its principal
place of business is 2221 Forster Street, Harrisburg, PA 17125, although this defendant does
have offices at that location,
6, Admitted as stated,
7, Admitted and denied, It is admitted only that defendant Anthony M, Todaro was
a Pennsylvania State Police officer and a Commonwealth employee who was acting within the
course and scope of his employment. It is specifically denied defendant Anthony M, Todaro was
acting as an agent, servant, workman and/or employee ofthe Department of General Services or
in furtherance of said department's interests,
8, Denied, It is specifically denied defendant Anthony M, Todaro was acting as an
agent, servant, workman and/or employee of the Department of General Services or in
furtherance of said department's interests, The remaining allegations set forth in this paragraph
of Plaintiffs' Complaint constitute conclusions oflaw to which no responsive pleading is
required pursuant to the Pennsylvania Rules of Civil Procedure, To the extent that portions of
this paragraph could be construed as factual allegations, said allegations are specifically denied,
and ,strict proof thereof is hereby demanded at the time of trial.
9, Admitted and denied, It is denied that plaintiff had the right-of-way, that
defendant Anthony M, Todaro appeared suddenly and without warning or pulled directly in front
ofplaintiffs vehicle and/or caused the two vehicles to collide and plaintiffto suffer injuries and
damages as set forth in plaintiffs' complaint. After reasonable investigation, the Commonwealth
Defendants are without sufficient knowledge or information to form a belief as to the truth of the
averment concerning the design purpose ofthe wide area adjacent to the roadway, The remaining
averments are admitted based solely on information obtained from the police accident report,
I
"0_'"
,-,.~>- ' . ~ ~,
, ~--~ <.-","-~, '
,p'''.
,
-
COUNT I
Randy Meitzler v. Commonwealth of Pennsylvania, Department of General Services
and Anthony M, Todaro
10,
The Commonwealth Defendants incorporate herein by reference their answers to
i
[I
II
i1
paragraphs 1 through 9 of Plaintiffs' Complaint as though fully set forth herein at length,
;i
'I
11.
Denied. It is specifically denied that the Commonwealth Defendants were
;1
,I
"
'I
ii
I
,
I
;1
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action or that
such alleged carelessness and negligence caused the accident. It is specifically denied that
Anthony M, Todaro was an agent of or acting on behalf ofthe Commonwealth of Pennsylvania,
,
I
'I
,1
Department of General Services, By way of further answer, it is specifically denied that the
"
.
,
(a) fail to have his/its/their automobile under proper and adequate control at the time of
the accident to avoid striking Plaintiff;
"
I
,.
il
I
I
"
:1
,I
,
i!
!I
..
'I
Commonwealth Defendants were negligent and careless in the following respects:
(b), operate his/its/their vehicle at a high and excessive rate of speed and drive
his/its/their vehicle at an unsafe speed under the circumstances then and there existing;
(c), operate his/its/their vehicle without the same being equipped and supplied with
proper brakes and other safety appliances when he/it/they knew, or should have known of
such defective conditions;
(d), fail to give proper and sufficient warning to Plaintiff of the approach of his/its/their
automobile;
( e), permit his/its/their automobile to enter into the path of Plaintiff s automobile
although Plaintiff had the right-of-way and without regard to the rights, safety or position
of Plaintiff;
(f), fail to keep a careful and diligent watch to protect the rights, safety and position of
Plaintiff and others similarly situated;
(g). fail to apply his/its/their brakes in a timely fashion in order to avoid striking the
automobile being driven by Plaintiff;
(h), fail to swerve his/its/their car or otherwise avoid colliding with the automobile being
,,>" ",",,-"
0;' ,L,C;., ~ 1 _ - .- '~'Y"~"" . --, _ . ',' ""
,","-;"-
. """"^,,, ,', '-, '" ~--; "",':
,
.,
driven by Plaintiff;
(i). fail to yield the right of way to Plaintiffs automobile which was lawfully situated at
the time of the accident;
0). fail to maintain a proper, safe and adequate look-out under the circumstances;
(k), fail to properly maintain his/its/their automobile in such a condition as to adequately
safeguard the rights, safety and position of Plaintiff and others similarly situated;
(1), operate his/its/their automobile in such a manner that it could not be brought to a stop
within the assured clear distance ahead;
(m), Fail to engage his/its/their turn signals or fail to engage his/its/their turn signals a
sufficient distance and period of time to provide Plaintiff with adequate and sufficient
notice that he/it/they was going to turn in front of Plaintiff;
(n), fail to maintain a safe distance between his/its/their vehicle and the vehicle being
driven by Plaintiff;
(0), fail to look, and continue to look for the automobile ofthe Plaintiff, and other traffic
proceeding in the area of Plaintiffs automobile;
(q), operate his/its/their automobile in violation of the laws and statutes of the
Commonwealth of Pennsylvania and the Ordinances of Cumberland County, including
but not limited to statutes governing speed, operation on the right side of the roadway,
yielding the right of way, turn signals, stopping within the assured clear distance ahead,
careless driving;
(r), operate said police car in violation of Defendants' own guidelines and standards of
care and safety;
(s), fail to properly train Anthony Todaro in the proper operation of a police car under
the circumstances existing herein;
(t), fail to use reasonable care in hiring, supervising, employing and/or promoting
Anthony Todaro;
(u), permit Anthony Todaro to continue to work as agents, servants, workmen and/or
employees, when said Defendant knew, or should have known, that said agent, servant,
workman and/or employee was unable to, refusing to and/or incapable of properly
performing said requirements ofthis employment; and
(v), fail to establish procedures and programs to determine Anthony Todaro was fit,
capable of, or actually properly performing the requirements of this respective
employment in accordance with Defendants' standards of care and reasonable standards
, '
- '<
'1,.
" ~
, "";'~.','
,
.,
of care,
12, Denied, It is specifically denied that the Commonwealth Defendants were
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action or that
solely as a result of such alleged negligence and carelessness plaintiff suffered as described in
this paragraph of plaintiffs' complaint. After reasonable investigation, the Commonwealth
Defendants are without sufficient knowledge or information to form a belief as to the truth of the
remaining averments,
13, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth of these averments,
i"
14, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth ofthese averments,
15, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth of these averments,
16, Denied, After reasonable investigation, the Commonwealth Defendants are
without sufficient knowledge or information to form a belief as to the truth of these averments,
WHEREFORE, Commonwealth of Pennsylvania, Department of General Services and
Anthony M, Todaro respectfully request that judgment be entered in their favor and against all
other parties,
Count II
Randy Meitzler v, Commonwealth of Pennsylvania, Department of General Services
17, The Commonwealth Defendants incorporates herein by reference their answers to
paragraphs 1 through 16 of Plaintiffs' Complaint as though fully set forth herein at length,
, - - ,"';;-',~ , " - .-,",
,
ii
"
I:
I'
i:
j"
i!
I,
I,
I'
i'
Ii
I'
I
,
I
J-,
I'
I,
!
i
i
Ii
,
I
I
I
!
,
fI
18, It is admitted only that the Commonwealth Defendant was the owner ofthe motor
vehicle driven by Anthony M, Todaro at the time ofthe accident. It is specifically denied that
the Commonwealth Defendant was the employer of defendant Anthony M, Todaro,
19, Denied, It is specifically denied at all times relevant hereto that the automobile
operated by defendant Anthony M, Todaro was under the direct and complete control of
Defendant Commonwealth of Pennsylvania, Department of General Services and being operated
by Mr, Todaro in furtherance of said Defendant's interests,
20, Admitted and denied, It is admitted that on the date and at the time ofthe
accident defendant Anthony M, Todaro was permitted to operate the subject automobile, It is
denied Anthony M, Todaro was operating the subject automobile at the specific request of
defendant Commonwealth of Pennsylvania, Department of General Services, Any remaining
averments constitute legal conclusions requiring no response, If a response is deemed to be
required, said averments are specifically denied,
2 I. It is specifically denied that on the date and at the time of the accident as
aforesaid, Defendant Commonwealth of Pennsylvania Department of General Services directed
and ordered Defendant Anthony M, Todaro to drive the subject automobile, chose his
destination(s) of travel, which was/were selected for its own sole benefit and purpose, directed
and ordered the times of day when he was to leave for the destination and return from the
destination, directed and ordered him to drive only to said destination, and/or directed and
controlled his route of travel to said destination(s),
22, It is specifically denied that at all times relevant hereto Defendant Anthony M.
Todaro, was the agent, servant, workman and employee of Defendant Commonwealth of
Pennsylvania, Department of General Services, acting within the scope of his agency and in
~ :'
I_..,,,_'",j,,__<__
-->--~>';, - ,^--~', >,.."
>~,'> ',I'" '_
.,
furtherance of the interests of Defendant Commonwealth of Pennsylvania, Department of
General Services,
23, It is specifically denied that prior to the date ofthe aforesaid accident Defendant,
Anthony M, Todaro, drove motor vehicles and engaged in other activities in a negligent manner,
including times when he was unsafe and unfit to drive a motor vehicle and a hazard to other
vehicles on the roadway and including times when he caused or was a potential cause of other
motor vehicle accidents, and thus had a propensity to act in a negligent manner.
24, It is specifically denied that at all times relevant hereto Defendant Commonwealth
of Pennsylvania, Department of General Services, knew or should have known that prior to the
date of the aforesaid accident Defendant Anthony M, Todaro drove vehicles and engaged in other
conduct in a negligent manner and thus knew that Defendant, Anthony M, Todaro, had a
propensity to act in a negligent manner.
25, It is specifically denied that at all times relevant hereto Defendant Anthony M,
Todaro was incompetent to safely drive an automobile and was inclined to cause an automobile
accident.
26, It is specifically denied that at all times relevant hereto Defendant Commonwealth
of Pennsylvania, Department of General Services knew or should have known, that Defendant,
Anthony M, Todaro, was incompetent to safely drive an automobile and was inclined to cause an
automobile accident.
27, It is specifically denied at all times relevant hereto Defendant Anthony M, Todaro
intended to or was likely to use an automobile or conduct himself in such a manner as to create
an unreasonable risk ofhann to others,
28, It is specifically denied that at all times relevant hereto Defendant Commonwealth
~' ",~ - -, :~ :
ii
Ii
H
I'
11
I';
,i
"
I,
i:I
,
"
I:
I'
I';
I
I
I
,
I
I
i
i;
I
. - ~ --'I
,"'"..
"."",."<
""'- > ~,',' y'
---',i
~
ri
,
of Pennsylvania, Department of General Services knew or should have known that Defendant
Anthony M, Todaro intended to or was likely to use an automobile or conduct himself in such a
'--I
!j
"
29,
Denied, It is specifically denied that the Commonwealth Defendants were
ii
!'
l'
i
i:
i:
l
I
!
manner as to create an unreasonable risk of harm to others,
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action, It is
further specifically denied that the aforesaid accident was caused by the alleged negligence and
i'
t:
{:
(a), negligently entrust their vehicle to Defendant Anthony M, Todaro;
!'
i
I
i
,
!
ii
~ :
,
I'
i
f:
carelessness of Defendants in that they did:
(b), entrust their vehicle to Defendant, Anthony M, Todaro, on the date of the accident
although they knew, or should have known, that he was incompetent or inclined to cause
an accident;
I,!
1:;
(c), entrust their vehicle to Defendant, Anthony M. Todaro, on the date of the
accident when they knew or should have known that he had a propensity to act in
a negligent manner;
(d), permit Defendant, Anthony M, Todaro, to operate his vehicle which was under this
control when they knew or should have known that he intended to or was likely to use the
vehicle or to conduct himself as a driver in such a manner as to create an unreasonable
risk of harm to others in violation ofthe Restatement (Second) of Torts Section 308;
(1), act negligently and carelessly by and through their agent, servant, workman and/or
employee, Anthony M, Todaro, as set forth in Count I ofthis Complaint, said averments
being incorporated herein by reference as if fully set forth at length herein;
(g), violate the laws, statutes, rules and ordinances of the United States of America,
Commonwealth of Pennsylvania and their political subdivisions,
It is specifically denied that Anthony M, Todaro was an agent, servant, workman and/or
employee ofthe Commonwealth of Pennsylvania, Department of General Services. The
Commonwealth Defendants incorporate by reference their answers to Count I of plaintiffs'
complaint as though stated herein at length,
30, Denied, It is specifically denied that the Commonwealth Defendants were
, I'. ,., ,_ _ "'_':.~~I
,'''- ,<--,,,, ".;,''-
,
.'
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action, It is
forth in the above, Plaintiff was caused to suffer the injuries and damages more fully set forth in
Ii
H
:,;
j-!
"
"
I'
1'1
~',
,
,
ii
,
,
i
I:
"
specifically denied that solely as a result of the carelessness and negligence of Defendants as set
Count I above, After reasonable investigation, the Commonwealth Defendants are without
sufficient knowledge or information to form a belief as to the truth of the remaining averments,
WHEREFORE, Commonwealth of Pennsylvania, Department of General Services and
):
r
Anthony M, Todaro respectfully request that judgment be entered in their favor and against aU
other parties,
I
!
"
I
~ '
Count III
I';
!;
i,
Ii
Randy Meitzler v. Commonwealth of Pennsylvania, Department of General Services
and Anthony M. Todaro
31, The Commonwealth Defendants incorporate herein by reference their answers to
paragraphs I through 30 of Plaintiffs' Complaint as though fully set forth herein at length.
32, Denied, It is specifically denied that the Commonwealth Defendants were
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action or that as
a solely as a result of such alleged negligence or carelessness, Jill Meitzler has suffered a
fmancialloss and detriment as described in this paragraph of plaintiffs , complaint.
33. Denied, It is specifically denied that the Commonwealth Defendants were
negligent and careless in any manner with respect to Plaintiffs' alleged cause of action or that as
a result of such alleged negligence or carelessness, Jill Meitzler has been and may continue to be
deprived as described in this paragraph of plaintiffs' complaint.
WHEREFORE, Commonwealth of Pennsylvania, Department of General Services and
Anthony M, Todaro respectfully request that judgment be entered in their favor and against all
j. I, e
,,-1-
-,' ~":d
" ~ -
-<-
,
I:
,
"
,
-'
other parties,
,
Ii
New Matter
"
"
jJ
i
ii
34, The present action is controlled by the provisions of 1 Pa. C,S, g2310 and Act No,
1980-142, set forth in 42 Pa, C,S, gg8501, et seq" which Acts are incorporated herein and pled
by reference, The Commonwealth Defendants assert all the defenses contained therein,
35, The Commonwealth parties are immune from suit pursuant to 1 Pa, C,S, g2310,
and this action is not within any of the exceptions to immunity as set forth in 42 Pa, C,S, g8522,
and therefore this action is barred,
36,
The Commonwealth Defendants maintain that they cannot be sued for
I,
discretionary functions, and therefore these causes of action are barred.
37, Should liability be found on the part ofthe Commonwealth Defendants, the
amounts and types of damages recoverable in the present action are limited and controlled by 42
Pa, C,S, g8528,
38, The Judicial Code at 42 Pa, C,S, g5522(a), which section is incorporated herein
and pled by reference, provides that the Commonwealth and the Attorney General must have
received written notice of intent to sue within six (6) months from the date the cause of action
accrues, In the absence of such notice, this action is barred,
39, The Commonwealth Defendants assert all defenses available to them under the
Motor Vehicle Financial Responsibility Law, 75 Pa, C,S,A. g 1701, et seq" and any successor
statute and claims any defenses which may be available pursuant to said Act.
40, Plaintiffs' injuries, as alleged, were caused by other persons or parties which were
contributory and/or intervening, superseding causes of Plaintiffs' alleged injuries,
41, The Commonwealth Defendants aver that if negligence is found to exist on their
L~" __"
", _:,," 'C :._~)'~
-',,-, "v' ,."--_
, ,
"-, JiiiLj
,
,
part, said negligence was not the proximate cause of Plaintiffs' injuries,
42, The Commonwealth parties are absolved from liability because any negligence
alleged on its part merely facilitated the Plaintiffs' injuries,
43, Plaintiffs' knowing and conscious assumption of the risk led to the resulting
injuries and is a bar to recovery,
44, The Plaintiffs were contributorily negligent and/or failed to mitigate the claimed
damages, thereby limiting and/or barring any recovery,
45, The causal negligence of the Plaintiffs is greater than any negligence on the part
of the Commonwealth Defendants and Plaintiffs' recovery is therefore barred, or, in the
alternative, must be diminished in accordance with the Pennsylvania Comparative Negligence
Act.
46, Plaintiff Randy Meitzler is either barred from recovery, or his damages must be
sufficiently diminished, by reason of his failure to wear a seatbelt,
47, Defendant Anthony M, Todaro, at all times relevant hereto was an employee of
the Pennsylvania State Police, who was acting within the course and scope of his employment.
48, As a Commonwealth employee acting within the scope of his duties, Defendant,
Anthony M, Todaro, is, thus, a "Commonwealth party" as defined by 42 Pa, C,S, 98501.
49, The Commonwealth Defendants are specifically entitled to the defenses set forth
in 42 Pa, C,S,A, 98524, which section is incorporated herein and pled by reference,
50. The Commonwealth Defendants are immune from claims gronnded upon
negligent supervision, employment or entrustment.
51, The Commonwealth Defendants are immune from claims alleging intentional tort,
WHEREFORE, Commonwealth of Pennsylvania, Department of General Services and
.~..
.
.".<1 '. ',-",
",,',*'c' ','-I'_c--c
$-,._-, -""""",~ ,;
-','" ,,","
.."
,
Anthony M, Todaro respectfully request that judgment be entered in their favor and against all
other parties,
Respectfully submitted,
D, MICHAEL FISHER
Attorney General
k ill #51786
uty Attorney General
DATED: January 10, 2001
--,
~,__ 1 - ,j
',~,-
lv",]
~i
:'1'
i~
~I
I"
18
III
I'.!
"
1:1
HI
i1i
111
,:1
li;1
til
"I
i!1
'I
~
Ii,
i;:
Iii
I,
1:1
1;1
[
,~
j
:'1
ii!
I!j
!II
II
III
11
1:1
j
~
II
I;,
I'!
1,1
I"
Ei
"I
iil
tJ
!;j
'j
II
II
II
fl
II
"
~I
'I
'I
II
"
:I
"
,
,.-
VERIFICATION
I, Jay W. Stark, Senior Deputy Attorney General, in my capacity as counsel for the
Commonwealth Defendants in the within action, hereby verify that the foregoing statements are
true and correct to the best of my knowledge, information and belief,
Dated: January 10,2001
~j
',I,
.
,
'-I
EXHIBIT "A"
, "-~
;.>. ,~
--" -- ~"'
'~','
ii
:J
"i
"
;,j
;!
.}
I,::
I"
i-j
I'"~
::
I"
,
i
.
[,
,>
I
I
"
!
.
i~:
-"
~
,
" /
uffice of Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
JayW, Stark
Senior Deputy Attorney General
Direct Dial 717-783-3148
RANDY MEITZLER and JILL MEITZLER: IN THE COURT OF COMMON PLE,tS og Q,
: CUMBERLAND COUNTY, PENNS'Yiv AOliA
Plaintiffs: ;::R~ ~ ;d!
2::I") l ,i::~-_-;:-~
l~ ; .~~
~~ r:t -4
~ W ?g
-<: (.n ~
v,
COMMONWEALTH OF
PENNSYL VANTA, PENNSYLVANIA
DEPARTMENT OF GENERAL
SERVICES, and Al\ilHONY' M, TODARO:
Defendants
RECEIVED
: NO, 00-3556 CML Qttlee 01 Attorney Generat
DEe 11 2000
STIPULATION
.....,...._ _",~,..;",...,..nl
IT IS HEREBY STIPULATED AND AGREED by all counsel that the Complaint filed in
the above-captioned case is amended as follows:
1. The Defendant, Commonwealth of Pennsylvania, is dismissed from this case with
prejudice. Any references to it in the Complaint are stricken and deleted,
2, The words "reckless," "recklessness," and "willfully" are stricken and deleted
wherever they appear in the Complaint.
3, The words "inter alia'~<.<ue stricken and deleted from paragraphs 11 and 29 of the
Complaint.
i41/HiP
Q
Mark K, Altemose, Esquire
Attorney for the Plaintiffs
Dated: tl ( J- \ \ uD
Dated: '[-"J, 1- DO
i""l
,-,,~ ,'." -
- ,~ "
.
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving the foregoing document( s) upon the person( s)
and in the manner indicated below:
SERVICE BY FIRST CLASS MAIL
POSTAGE PREPAID
ADDRESSED AS FOLLOWS:
Mark K. Altemose, Esquire
Knafo Law Offices
4201 Tilghman Street
Allentown, PA 18104
(Attorney for Plaintiffs)
~'
ID #51786
Attorney General
Torts Litigation Section
15th Floor, Strawberry Square
Harrisburg, PA 17120
717-783-3148 - Direct Dial
DATED: January 10,2001
.1(" J ~ -~' '-' rl'- - ~'" ^"",,;<',
,-- ~ .. ,
'_.d..~,,~J~ .~~"~" _ ,"
","M'=_.",,~'"'' ,',
III ~,~
-r~ :- ':
!_~~(
---
" ,
(/J>'
~~
)...,,(
()
c.:
'-,;..-'
:'::1
-<
()
L.')
:..,)
::i!
....
"'"
"
I
~ '~
,
,I
I
I
!
I
I
I
.
~
-1'-
--.--',--,-, -, =
" <!
" "--"''''';
f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
RANDY MEITZLER and JILL MEITZLER
Husband and Wife
No. 00-3556 CIVIL TERM
Plaintiffs
vs,
COMMONWEALTH OF PENNSYLVANIA,
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES, and ANTHONY
M, TODARO,
Defendants
PLAINTIFFS' REPLY TO NEW MATTER
OF COMMONWEALTH DEFENDANTS
Plaintiffs, Randy Meitzler and Jill Meitzler, by and through their counsel, Mark K,
Altemose, Esquire, incorporate by reference all the allegations contained in the Cornplaint,
and reply to New Matter of the Commonwealth Defendants, as follows:
34, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
35, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required.
36, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
37, Denied. The averments of this paragraph constitute conclusions of law to
which no response is required,
38. Denied. The averments of this paragraph constitute conclusions of law to
which no response is required.
. ,
, . - , "c-- ,...~,. ,',-
'" '~
(
39, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
40, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
41, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
42. Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
43. Denied, The averments of this paragraph constitute conclusions of law to
which no response is required, By way of further answer, and without waiving the
foregoing, it is specifically denied that Plaintiffs' knowing and conscious assumption of the
risk led to the resulting injuries and is a bar to recovery,
44. Denied, The averments of this paragraph constitute conclusions of law to
which no response is required. By way of further answer, and without waiving the
foregoing, it is specifically denied that the Plaintiffs were contributorily negligent and/or
failed to mitigate the damages, thereby limiting and/or barring any recovery,
45. Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
46, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
47, Admitted in part; denied in part, It is admitted that Defendant was an
employee of the Pennsylvania State Police and was acting within the course and scope of
.
_~', ~'v ,_ ~ ,
his employment at all times relevant hereto. It is specifically denied that he was not also
an employee of the Defendants named in this lawsuit.
48, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required,
49, Denied. The averments of this paragraph constitute conclusions of law to
which no response is required,
50, Denied, The averments of this paragraph constitute conclusions of law to
which no response is required.
51. Denied, The averments of this paragraph constitute conclusions of law to
which no response is required.
WHEREFORE, Plaintiffs demand judgment in their favor and the Commonwealth
Defendants as set forth in the Complaint.
KNAFO LAW OFFICES
BY:
Mark K, Altemose,
4201 Tilghman Stre t
Allentown, PA 18104
610-432-2221
I.D,#58939
ATTORNEY FOR PLAINTIFFS
..
'-~~"'~illlIlilii!i~~~~
- <, - ,,^'," ~',~-
IIiI j '(?"~~~otIiI~Kr:!tl~IiI!ir-'Jt "1'
,
Inl~"
~ ~ .'
lIob,.Ii"'
't~..
---'il
I
0 <=' 0
c: - -"
~ '- ,...
;:f\ffi "'" ~_:: :n
;;Z r-;"l,-
Z:T.1 N) --lTj
&;';!; ~O~
N '~,:>
,<,t-
1:2.0 -0 :J:,.d
::;: 0'.'
~2 :z;C>
t..:1 o,-n
.' ~
~ r;'"
- '<