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Home My WebLink About07-0856IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - ?S? Civil Action - Law JURY TRIAL DEMANDED LEONARD S. LAY 474 Crossroad School Road JOSEPH S. RUDA Carlisle, PA 17105 65 Derbyshire Drive versus Carlisle, PA 17013 and DICKINSON COLLEGE c/o Nickolas G. Stamos Vice President for Campus Operations West College Building, 3`d Floor College & Louther Streets Carlisle, PA 17103 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ),.Attorney (x )„Sheri TIMOTHYA. SHOLLENBERGER, ESQUIRE Shollenberger & Januzzi, LLP ig Kire of e 2225 Millennium Way reme Co r rt 1. D. No. 34343 Enola, Pennsylvania 17025 (717) 728-3200 Date: 2/2/07 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): LEONARD S. LAY and DICKINSON COLLEGE YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pr thonotary Date: by Deputy ( ) Check here if reverse is issued for additional information I <'t 4CL a fi C L13 {T'. ?,P tV c m -r rr co tV W C7 PM ( D&3 THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street oh Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 JOSEPH S. RUDA, Plaintiff vs. LEONARD S. LAY and DICKINSON COLLEGE, Defendants TO THE PROTHONOTARY: Attorneys for Defendants Leonard S. Lay and Dickinson College IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter our appearance on behalf of Defendants Leonard S. Lay and Dickinson College in the above matter. Respectfully submitted, THOM OMAS &?ER, LLP by: y Br oks o and, Es I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 509761.1 CERTIFICATE OF SERVICE -171 AND NOW, this f, 6? day o , 200/, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy A. Shollenberger, Esq. Shollenberger & Januzzi, LLP 225 Millennium Way Enola, PA 17025 Coleen M. Polek -1 <` r -n JOSEPH S. RUDA, Plaintiff VS. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above matter within 20 days after service of the rule or suffer a judgment of non pros. THOMAS. ER By: 14 , 1 B oland, Esq. I.D. No. 70102 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 RULE NOW,, 2007, RULE ISSUED AS ABOVE. - I)J - j,, ? ?-,, g e, &ronotary Deputy ?? --' -a - ' ' - 1 E__ _? J '- _._- ? Fr??;?; - ` - -? ` ` ? N ? G.? SHERIFF'S RETURN - REGULAR CASE NO: 2007-00856 P ti COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUDA JOSEPH S VS LAY LEONARD S ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DICKINSON COLLEGE the DEFENDANT , at 1635:00 HOURS, on the 13th day of March 2007 at C/0 NICKOLAS G STAMOS WEST COLLEGE BUILDING 3RD FL CARLISLE, PA 17013 by handing to VICKIE ROTZ, EXEC SECRETARY FOR NICKOLAS STAMOS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 3?at(v? ?., 20.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/14/2007 SHOLLENBERGER & JANUZZI By. y F /hblrift A. D. SHERIFF'S RETURN - REGULAR GCSE NO: 2007-00856 P r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RUDA JOSEPH S VS LAY LEONARD S ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LAY LEONARD S the DEFENDANT at 2048:00 HOURS, on the 23rd day of February , 2007 at 474 CROSSROAD SCHOOL ROAD CARLISLE, PA 17105 by handing to LEONARD LAY 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 18.00 Service 5.76 Postage .3g Surcharge 10.00 00 ?a?d4,?07 t?w, 34.15 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/14/2007 SHOLLENBERGER JANUZZI By: -?, p ty Sheriff A.D. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 -1- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 -2- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JOSEPH S. RUDA, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, JOSEPH S. RUDA, is an adult individual who currently resides at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, LEONARD S. LAY is an adult individual who resides at 474 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, DICKINSON COLLEGE, is a Pennsylvania Non-Profit Corporation with a principal place of business at West High Street, Carlisle, Cumberland County, Pennsylvania 4. At all times relevant to the within stated cause of action, Defendant, LEONARD S. LAY, was acting as the agent and/or employee of and within the -3- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 course and scope of his employment/agency with Defendant, DICKINSON COLLEGE. 5. The facts and circumstances hereinafter set forth took place on April 4, 2005, at or about 2:11 p.m., on Noble Boulevard at or about the entrance/exit to the Carlisle Commons and just west of its intersection with Hanover Street in Carlisle Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, JOSEPH S. RUDA, was a passenger in a 1990 Lincoln Towncar owned and operated by Almeda Ruda and bearing Pennsylvania Registration Number EJR733. 7. At the aforesaid time and place, Defendant, LEONARD S. LAY, was the operator of a 1997 Ford Truck, owned by Defendant, DICKINSON COLLEGE, and bearing Pennsylvania Registration Number DC01539 8. At the aforesaid time and place, Defendant, LEONARD S. LAY, was exiting the parking lot of the Carlisle Commons Shopping Center, attempting to make a left hand turn onto westbound Noble Boulevard. 9. At the aforesaid time and place, the 1990 Lincoln Towncar, driven by Almeda Ruda and occupied by, Plaintiff, JOSEPH S. RUDA, was traveling in the inside eastbound lane of Noble Boulevard. 10. At the aforesaid time and place, Defendant, LEONARD S. LAY, exited the parking lot of the Carlisle Commons Shopping Center, paused in the outside eastbound lane of Noble Road and then continued into the inside eastbound lane, whereupon the front left of the 1997 Ford Truck struck the front -4- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 of the 1990 Lincoln Towncar, driven by Almeda Ruda and occupied by Plaintiff, JOSEPH S. RUDA. 11. The aforesaid collision was the direct and proximate result of the negligence of Defendant, DICKINSON COLLEGE, acting through their agent, servant, and/or employee, Defendant, LEONARD S. LAY, and Defendant, LEONARD S. LAY individually, in operating the 1997 Ford Truck in a careless, reckless, and negligent manner as follows: a. Driving the 1997 Ford Truck from a driveway within an urban district without first stopping at the point nearest the street to be entered where the driver has a view of approaching traffic in violation of Section 3344 of the Pennsylvania Motor Vehicle Code; b. Entering the roadway from a place other than another roadway without yielding the right-of-way to vehicles approaching on the roadway to be entered or crossed in violation of Section 3324 of the Pennsylvania Motor Vehicle Code; c. In failing to observe the 1990 Towncar on the roadway; and d. In failing to yield the right-of-way to traffic already on the roadway. 12. As a result of the aforesaid collision, Plaintiff, JOSEPH S. RUDA, has suffered serious and permanent injuries, including but not limited to the following: a. Strain and sprain of he muscles, tendons, ligaments and other soft tissues at or about the cervical spine with radiculopathy into the right and left shoulders; -5- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 b. Displacement of the cervical intervertebral discs; c. Cervicalgia; d. Cervical joint dysfunction; e. Cervical spine edema; f. Subluxation of the cervical spine; g. Exacerbation of degenerative disc disease of the cervical spine; h. Central disc herniation of the cervical spine at C6-7; i. Aggravation of cervical spondylosis and facet arthropathy; j. Strain and sprain of he muscles, tendons, ligaments and other soft tissues at or about the thoracic spine; k. Lumbago; 1. Displacement of the thoracic intervertebral discs; m. Displacement of the lumbar intervertebral discs; n. Thoracic spine edema; o. Strain and sprain of he muscles, tendons, ligaments and other soft tissues at or about the left shoulder; p. Strain and sprain of he muscles, tendons, ligaments and other soft tissues at or about the right shoulder; q. Cephalgia; r. Injury to the chest; and s. Injury to the left hip. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, JOSEPH S. RUDA, has undergone and in the future will undergo great pain and -6- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 726-3200; Fax (717) 726-3400 suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. RUDA, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. RUDA, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. RUDA, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 17. As a further result of this collision, Plaintiff, JOSEPH S. RUDA, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, JOSEPH S. RUDA, has incurred or may hereinafter incur financial expenses and losses, which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Plaintiff, JOSEPH S. RUDA, was neither the owner of a currently registered private passenger motor vehicle nor a named insured or insured under Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 any private passenger motor vehicle policy on April 4, 2005. Therefore, Plaintiff, JOSEPH S. RUDA, remains eligible to claim compensation for non-economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, JOSEPH S. RUDA, demands judgment against Defendants, LEONARD S. LAY and DICKINSON COLLEGE for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorney for Plaintiff By: Wfl / / " ///W/9 / / '/ , / ?/ 4 "1 A7-1.4 Timo y A. S o lenberger, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date: ) ?o? 0 ? -8- Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Tel. (717) 728-3200; Fax (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ATTORNEY AFFIDAVIT Timothy A. Shollenberger, Esq., being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiff, that he is authorized by JOSEPH S. RUDA to make this Affidavit on his behalf, and that based on information supplied by the Plaintiff, he believes that the facts set forth in the foregoing Complaint are true and co 1t. othy holl b r, sq. Attorney I. D. No. 34343 Sworn and subscribed before me this o* day of To Lt4 ,204 tary Publ COMMONWEALTH OF PENNSYLVANIA Notarial Seel Jennifer J. Ruiz, Notary PdAc Harnpden Twp., Cunbedark! Ccinty My Comr?resion Expires July 15, 2010 Member, Pennsylvania Association of Notaries s e 40 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Plaintiff, Joseph S. Ruda, served Plaintiff's Interrogatories to be Answered by Defendant and Request for Aduction of Documents addressed to Defendants, Leonard S. Lay and Dickinson College, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 2nd day of July, 2007. SH Date: July 2, 2007 By: Attorney for Plaintiff, Leonard S. Lay r J CERTIFICATE OF SERVICE I, Kristen M. Davis, an employee with the law firm of Shollenberger & Januzzi, LLP, do hereby certify that on the 2nd day of July, 2007, I served a true and correct copy of the Notice of Serving Discovery, via U.S. first-class mail, postage pre-paid, as follows: Brooks R. Foland THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants Kristen M. Davis ca ? o F _ .' MA Brooks R. Foland, Esquire Attorney I.D. No. 70102 Corey J. Adamson, Esquire Attorney ID: 204508 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 Moland4tthlaw.com JOSEPH S. RUDA, Plaintiff VS. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ANSWER WITH NEW MATTER OF DEFENDANTS AND NOW come the Defendants, Leonard S. Lay ("Lay) and Dickinson College ("College") (collectively "Defendants"), by and through their attorneys, Thomas, Thomas and Hafer, LLP, and respectfully file the following Answer with New Matter, stating and averring as follows: 1. Admitted based upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of this paragraph. The same are therefore denied pursuant to Pa.R.C.P. 1029(c), and strict proof of the same is demanded at time of trial. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. After reasonable investigation, Defendants are without information or knowledge sufficient to form a belief as to the truth of the averments of this paragraph. The same are therefore denied pursuant to Pa.R.C.P. 1029(c), and strict proof of the same is demanded at time of trial. 11. (a-d) The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 12. (a-s) The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 13. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 14. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 2 15. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 16. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 17. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 18. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). 19. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the same are denied pursuant to Pa.R.C.P. 1029(d). WHEREFORE, Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. NEW MATTER 20. Defendants hereby incorporate paragraphs 1 through 19 as if the same were set forth fully at length herein. 21. Some or all of Plaintiffs claims may be barred by the expiration of the applicable statute of limitations. 22. Plaintiff has failed to state a claim upon which relief can be granted. 3 23. Some or all of Plaintiffs injuries and/or damages, if any, may have been caused by parties other than Defendants. 24. Plaintiff s claims and/or damages may be reduced by Plaintiff's failure to mitigate his damages. 25. Some or all of Plaintiff s claims and/or injuries may be barred or reduced by Plaintiffs own contributory and/or comparative negligence. 26. Plaintiff assumed the risk of injury. 27. Some or all of Plaintiff s damages and/or injuries may be barred or reduced by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiff. Respectfully submitted, THOMAS, THOMAS & By: Bi s R. oland, Esc o. 0102 re . Adamson, Esq. 0 orth Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 4 VERIFICATION I have read the foregoing Answer with New Niattcr, and hereby aff ml that it is true and f t correct to the best of m_y personal Imowledge, utfonnation and belief, This Verification and StMerncnt is mi?de subject to the penalties of IS lla.C..). ? 4904 relating to urisworn falsilicatiov to autnnriUrs, I verify that all the siatemenTS made in -che foregoing are true and correct and that I false statements may subject me to the penaltie, of 18 Pa.C.S. § 4904, { L onord S. La y y /C Dsie? VERIFICATION 1 have read the foregoing Answer with New Matter, and hereby affirm t1w it is true and correct to the best of my personal knowledge, infonnation and belie[. This Verification and state;acal is made subject to the penalties of 19 Pa.C.S. § 4904 relating to unsworn falsification to arithonties: 1 vcrify tint all the statements merle in the foregoing are true and currect acl that ? false s,ntcments may subject me to the penalties of", 8 Pa.C.S. § 4904. or Uicl- nson College Date: i' / > c' . f CERTIFICATE OF SERVICE T" AND NOW, this day of , 2007, I, Sherry Hauenstein, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 225 Millennium Way Enola, PA 17025 Attorney for Plaintiff O Sherry Ha stein c y-I SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS AND NOW, comes the Plaintiff, JOSEPH S. RUDA, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 20. Paragraphs 1 through 19 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). Al? 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 25. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 26. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 27. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. I Dated: ?/I 107 Respectfully submitted, SHOLLEN UGER NUZZI, LLP By: Timothy A. Sho enberger, Esq. Attorney I.D. #34343 Adam T. Wolfe, Esq. Attorney I.D. #201057 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this 1ST day of August, 2007, 1 hereby certify that a true and correct copy of the foregoing Plaintiffs Reply to New Matter of Defendants has been served upon the following, Attorney for Defendant, via U.S. Mail: Brooks R. Foland, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 SHOLLEfyKRGER,& J.MUZZI, LLP By: l . T. Wolfe,ksq. 4?M c: 7 "rt t't:a 5 1 3 - Mr- CD I TI SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, thiso,?iA day of October, 2007, 1 hereby certify that a copy of the foregoing Plaintiff's Response to Defendants' Request For Production of Documents has been served upon the following, via U.S. First Class Mail: Brooks R. Foland THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 SHOLLENBERGER & JANUZZI, LLP By: 7 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 C? ??' v ? ? ..?yi'?i. ? ? ?'?T'+ ?-[} 1 .,f. ? ,,... ? ?,,` > , ?`? ? i ? . ...:' r SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this Lz? day of October, 2007, 1 hereby certify that a copy of the foregoing Plaintiff's Response to Interrogatories has been served upon the following, via U.S. First Class Mail: Brooks R. Foland THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 By: SHOLLENBERGER & JANUZZI, LLP 10 SHOLLENSERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 C? e-, -? ?, ?`? ? ? r, ? M =j-? l , ? i . 1 i "O ...ti, ; ?' ?" _ t"" ? gi ?? ? r _pp :..C i THOMAS, THOMAS & HAFER, LLP by: Brooks R. Foland, Esquire I.D. No. 70102 Gordon A. Einhom, Esquire I.D. No. 59006 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 JOSEPH S. RUDA, Plaintiff vs. LEONARD S. LAY and DICKINSON COLLEGE, Defendants Attorneys for Defendants Leonard S. Lay and Dickinson College IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendants Leonard S. Lay and Dickinson College in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by: 4ordon A. E!i]n?horn, Esquire I.D. No. 59006 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 509761.2 CERTIFICATE OF SERVICE AND NOW, this 3?d day of December, 2007, I, Gordon A. Einhorn, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 225 Millennium Way Enola, PA 17025 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP ordon A. Einhorn 5 r?o „r- s- Gordon A. Einhorn, Esquire l.D. 59006 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhorn@tthlaw.com JOSEPH S. RUDA, Plaintiff vs. LEONARD S. LAY and DICKINSON COLLEGE, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED UNCONTESTED MOTION FOR LEAVE TO TAKE DEPOSITION OF A PRISONER Defendants, Leonard S. Lay and Dickinson College, by and through their attorneys, Thomas, Thomas & Hafer, LLP, file this Motion for an Order granting leave to take deposition of a prisoner, and in support thereof, aver the following: 1. This is an action involving a motor vehicle accident involving Plaintiff Joseph S. Ruda and Leonard S. Lay, an employee of Defendant Dickinson College. 2. Plaintiff Joseph S. Ruda is currently an inmate at Cumberland County Prison in Carlisle, Pennsylvania. 3. The parties wish to take the Plaintiffs deposition. 4. The attached Order will be sufficient to facilitate the deposition of the Plaintiff. 5. Counsel for all parties concur in this Motion. WHEREFORE, Moving Defendants respectfully request that the Court grant Defendants' Motion for Leave to Take Deposition of a Prisoner. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP on A. Einhom, Esquire .D. 59006 P.O. Box 999 305 North Front Street Harrisburg, PA 17108-0999 (717) 441-7054 geinhom@thlaw.com Date: 9/24/08 2 CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorneys for Defendant, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THOMAS, THOMAS & HAFER, LLP Ao n A. Einhom, Esquire . No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom@tthlaw.com 627354.1 Date: 9/24/08 rri SAP 3 0Z008 JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-856 CIVIL TERM vs. LEONARD S. LAY and DICKINSON COLLEGE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this of ? t, O vt , 2008, it is ORDERED that the deposition of Joseph S. Ruda be taken at the Cumberland County Prison in Carlisle, Pennsylvania on January 8, 2009, at 10:00 a.m. before an officer authorized to administer oaths in accordance with the provisions of Pa.R.C.P. 4015 and upon such other terms as the parties may agree. BY THE COURT: J. c c ?c V'NYI.AMNI `± id 9 1 :C Vld I -130 8601 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. LEONARD S. LAY and DICKINSON COLLEGE, Defendant NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action on behalf of Plaintiff, JOSEPH S. RUDA, settled, ended, and discontinued with prejudice. Dated: June 2.?, 2009 By: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP T nothy A. Shollenberger, Esq. 'Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH S. RUDA, Plaintiff V. LEONARD S. LAY and DICKINSON COLLEGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-856 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE' AND NOW, this 29th day of June, 2009, 1 hereby certify that a copy of the foregoing Complaint has been served upon the following via U.S. mail: Gordon Einhorn, Esquire Thomas, Thomas, & Hafer LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 SHOLLENBERGER & JANUZZI, LLP By: RILE IA 2009 JUL. - I Piz 12: tx 8