HomeMy WebLinkAbout97-00562
~
~
(;'j
-Q
,....
<:! \
!
r-i~
~~
i
"
.~"
.-
~'~
r
, ,
>--
~
Q:
-.J -
& ~ 0-.
(" ~
'.. (11 ~
I ';:)
, ..
I
,.-
t!: ~ ":II
~~-
1"'- '-I ~ ~ ~I
G
, ' fOP) ~
C I CJ c;i
"
. t'. t>,.
U_:, L.
,. r-' )
( , .'
N ~~.
Q
1 N
:II:
~ Ii
C1\
I
. ~ ffi
"'-
~ .~
..
.'
. .. .
c
.
~
Ol
fIi ~ N ~
Z 1-
~. m ~
~~~n Ii
~ P t
~~ ~ s); -
~ ~ ); ~
S. Ii'~ ~
~ ~ ~ =
fIl ~
..:l
<lIl
=
oj,
,"t
,
~
. .
.
.
]1
I.
!I
Ii
II
il
illN TIlE COURT OF COMMON PLF.AS, CUMBERLAND COUNTY, PENNSYLVANIA
II
ji HAROLD L. CLAYBAUGH, : NO. 97-562
I! Ailmlnldrator or the Estate or :
:: EDITH CLAYBAUGH, :
i i PlaIntiff :
I,
I: Y. : CIVIL ACTION - LAW
jI
I'
III ERICK ALEXANDER BOOZ,
i B & P MILK TRANSPORT,
Ii Derendants JURY TRIAL DEMANDED
Ii MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT
j AND NOW, comes the Plaintiff, Harold L. Claybaugh, administrator of the estate of
I:
:1 Edith M. Claybaugh, by and through his attorney, Gregory E. Martin, Esquire, and moves this
"
!i Honorable Court to grant leave to file an amended complaint, and in support thereof avers as
I! .
'i
Ii fonows:
1. Plaintiff instituted this action by filing a praecipe for writ of summons on February
,
: 3,1997.
2. The named Defendants were Erick Alexander 800z and B & P Milk Transport.
3. This action arises as a result of a motor vehicle accident which occurred on April I
, 18, 1996.
4. The applicable statute of limitations does not expire until April 18, 1998.
S. At the time of the accident, the Decedent was a passenger in a vehicle being
II... r. "'.'OIL .' O. . operated by Arlene E. Glisan, when that vehicle was involved in a collision with a tractor trailer .
,..".... ..,
being driven by Defendant 800z and owned by Defendant B & P Milk Transport.
a
f
"
exhibit A
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD L. CLAYBAUGH, . NO. 97.561
.
AdmlnLdrator or the Fmate or .
.
EDITH CLAYBAUGH, .
.
PIaIntllI' .
.
.
.
v. . CIVIL ACTION. LAW
.
.
.
ERICK ALEXANDER BOOZ, .
.
B & P MILK TRANSPORT, .
.
ARLENEE.G~AN.md .
.
JOHN K. SNYDER. .
.
Derendants . JURY TRIAL DEMANDED
.
AMENDED COMPLAINT
1. The Plaintiff, Harold L. Claybaugh, is an adult individual residing at R.D. II, Box
S74, East Berlin, Pennsylvania 17316, and is the co-administrator of the estate of Edith M.
Claybaugh, (herein after "Decedent"), having been granted letters of administration by the York
County register of wills on May 20, 1996.
2. Defendant Erick Alexander 800z is an adult individual residing at 199 800z Road,
Shippensburg, Pennsylvania 17257.
3. Defendant B & P Milk Transport is a busine.'IS entity with an address for service
of 199 800z Road, Shippensburg, Pennsylvania 17257.
4. Defendant Arlene E. Glisan is an adult individual residing at Route II, Box 9,
I Rustburg, Virginia 24S88.
...... ..... II
......~-~::,':.,:L"":.~ ,. .,,1
,.....'...................
i
1
,
~
:'
23. Solely as the result of the negligence of the Defendants which caused the death of ~
the Decedent. her survivors have suffered pecuniary losses having incurred funeral expenses,
cemetery costs, administrative expenses, ambulance service, and medical expenses.
24. Solely as the result of the negligence of the Defendants which caused the death of
the Decedent, her survivors have suffered pecuniary damages due to the loss of contributions
which Decedent would have made to them during her lifetime, They have also lost the care,
training, advice. education, companionship, society, affection, aide, and assistance, as well as
other services which the Decedent would have provided to them.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter
judgment against the Defendants in an amount in excess of the mandatory arbitration limits,
COUNT II
HAROLD L. CLAYBAUGH, Administrator of the
Estate of EDITH CLAYBAUGH
v.
ERICK ALEXANDER BOOl, B & P MILK TRANSPORT,
ARLENE E. GLlSAN lIud JOHN K. SNYDER
SURVIVAL ACTION
25. The allegations contained in paragraphs I through 24, inclusive, are incorporated
herein as fully as though sct forth at length.
26, The Plaintiff, Harold L. Claybaugh, brings this action on behalf of Edith M,
.... ,
'II: I.:. ."....n.... ..,4',
Claybaugh, deceased, pursuant to 42 Pa,C,S. *8302,
'.....t...............,.,,'
7
~
'27. Solely as the result of the negligence of the Defendants. the Decedcnt was caused
"
to undcrgo grcat pain. suffering. and anguish from the time of the accidclll until hcr untimely
death.
28. Solcly as the result of the negligence of thc Defcndants. thc Dccedent has been
deprived of all earning, incomc. and benefits which she otherwise would have been expected to
enjoy during her lifetime.
WHEREFORE, the Plaintiff respcctfully requcsts this Honorable Court to enter
judgment against the Defendants in an amount in c)(cess of the mandatory arbitration limits.
RESPECTFULLY SUBMlTIED:
LA W OFFICES OF DALE E. ANSTINE, P.C.
Gregory E. Martin. Esquire
Attorney I.D. #38894
Two West Market Street
P.O. Box 952
York. PA 17405
(717) 846 - 0606
II
HAROLD L, CLAYBAUGH,
ADMINISTRATOR OF THE ESTATE
OF EDITH CLAYBAUGH,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ERICK ALEXANDER BOOZ,
B & P MILK TRANSPORT,
DEFENDANTS
97.0562 CIVIL TERM
BEFORE BAYLEY. J. AND GUIDO. J.
ORDER OF COURI
AND NOW, this 5th day of March, 199B, the motion of plaintiff for leave to file
an amended complaint, IS GRANTED.
By the Court, I / /
,-
~ 1/("
\tit w.
Edgar B, Bayley, ~,
Thomas P. Lang, Esquire
For Plaintiff
_ c.<,~>u.,,-, 0',-,,~I..L,L 3/5/r,'is,
J ~.l'.
H. Anthony Adams, Esquire
For Defendants
:saa
t
"
,
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
"
HAROLD L, CLA YBAUUH,
Administrator of the Estate of
EDITH CLA YBAUUH,
Plaintiff
NO. 97-562
v,
CIVIL ACTION - LAW
ERICK ALEXANDER Baal,
B & P MILK TRANSPORT,
ARLENE E. GLlSAN, and
JOHN K. SNYDER,
Defendants
JURY TRIAL DEMANDED
AVISO
USTED IIA sma DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debc to mar acci6n dentro de veintc (20) dfas a partir
de la fecha en que recibi6 la dcmanda y cl aviso, Ustcd dcbc presentar comparecencia escrita
en persona 0 por abogado y prcsentar cn la Cortc por cscrito SllS dcfensas 0 sus objeciones alas
demandas en su contra.
Se Ie avisa que si no se defiende, el caso puede proccder sin usted y la Corte puede
dccidir en su contra sin mas aviso 0 notificaci6n por cualquicr dinero rcclamado en la demanda
o por cualquier olra queja 0 compensaci6n rcclamados por el Demandante. USTED PUEDE
PERDER D1NERO. 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA
USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V A Y A 0 LLAME A LA
OFlCINA EN LA DIRECCION ESCRITA ABAjO PARA A VERIGUAR DON DE
PUEDE OBTENER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral Service
Two Liberty Street
Carlisle, Pennsylvania 17013
(717) 249 . 3166
1-800.990-9108
,
:!
Ii
"
I'
Ii
I
,
[IN mE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
II HAROLD L. CLAYBAUGH, : NO. 97-561
I AdmlnL~tor or the Estate or :
I EDITII CLAYBAUGH, :
II PIalntlfT :
r
II
"
I!
'I
!I ERICK ALEXANDER BOOZ,
'Ii B & P MILK TRANSPORT,
ARLENE E. GLlSAN, and
I
I JOHN K. SNYDER,
!/ Derendants
';
II
Ii
II
'I
!i 574, East Berlin, Pennsylvania 17316, and is the co-administrator of the estate of Edith M.
II Claybaugh, (herein after "Decedent"), having been granted letters of administration by the York
I'
:1 County register of wills on May 20, 1996.
!i
II 2. Defendant Erick Alexander Booz is an adult individual residing at 199 Booz Road,
II Shippensburg, Pennsylvania 17257.
I,
Ii 3. Defendant B & P Milk Transport is a business entity with an address for service
!!
.
.
v.
: CIVIL ACTION - LAW
.
.
.
.
.
.
.
.
: JURY TRIAL DEMANDED
AMENDED COMPLAINT
I.
The Plaintiff, Harold L. Claybaugh, is an adult individual residing at R.D. #1, Box
,I of 199 Booz Road, Shippensburg, Pennsylvania 17257.
"
:i
4. Defendant Arlene E. Glisan is an adult individual residing at Route #1, Box 9,
, Rustburg, Virginia 24588.
.,
,............. "."
\..n 1'._"........ .....~
5. Defcndant John K. Snydcr is an adult individual rcsiding at 1234 Creek Road,
Carlisle, Pennsylvania 17013,
6. On April 18, 1996, Defendantl300z was the operator of a 1972 Kenworth W.900
tractor trailer bearing Pa. registration number AB 65843, which was owned by and used with
the permission of Defendant B & P Milk Transport.
7. At all times relevant hereto, Defendant Booz was acting within the course and scope
of his employment for Defendant B & P Milk Transport.
8. On April 18, 1996, Dcfendant Glisan was thc owncr and opcrator of a 1996 Saturn
SL2. bearing Virginia registration number NN6003,
9. On April 18, 1996, Defendant Snyder was the owncr of the trailer portion of the
aforementioned vehicle being operated by Defendant Booz.
10. On April 18, 1996, at approximatcly 10:06 a.m., thc Dccedent was a passengcr in
the vehicle being operatcd by Defendant Glisan, which was traveling southbound on Stale Routc
81 in Dickinson Township, Cumberland County, Pennsylvania, near exit //12.
II. At that same time and place, Defendant Glisan moved her vehicle from the right-
hand lane into the left.hand lane, activated her left turn signal and began to slow down in order
to tum around at a marked cross.over through the medial strip to proceed in the northbound
lanes to get off at exit 1112.
2
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD L. CLAYBAUGH,
Administrator of the Estate of
EDITH CLAYBAUGH,
Plaintiff
NO. 97.562
v.
CIVIL ACTION. LAW
ERICK ALEXANDER BOOl,
B & P MILK TRANSPORT,
ARLENE E. GLISAN, and
JOHN K. SNYDER,
Defendants
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth against you in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are seIVed, by entering a wrillen 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 default
judgment may be entered against you by the Court without further notice for any money claimed
in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
'..-,..." v....~. ,'~I!'
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral SeIVice
Two Liberty Street
C:1rlisle. Pennsylvania 17013
'-I-', :J~ - :l~c
"''':'"(0',,_
)"Lr. t;. .\....."TI..':.... c'.
.,,'~. ,.. ,'... ..,
,...... ....~~" ....~ "...,
,
,
5. Defendant John K. Snyder is an adult individual residing at 1234 Creek Road.
Carlisle, Pennsylvania 17013.
r.
I
i
6. On April 18, 1996, Defendant Baaz was the operator of a 1972 Kenworth W.900
tractor trailer bearing Pa. registration number AB 65843, which was owned by and used with
the permission of Defendant B & P Milk Transport.
7. At all times relevant hereto, Defendant Booz was acting within the course and scope
of his employment for Defendant B & P Milk Transport.
8. On April 18, 1996, Defendant Glisan was the owner and operator of a 1996 Saturn
SL2, bearing Virginia registration number NN6003.
9, On April 18, 1996, Defendant Snyder was the owner of the trailer portion of the
aforementioned vehicle being operated by Defendant Booz.
10. On April 18. 1996, at approximately 10:06 a.m., the Decedent was a passenger in
the vehicle being operated by Defendant Glisan, which was traveling southbound on State Route
81 in Dickinson Township. Cumberland County, Pennsylvania. near exit #12.
II, At that same time and place, Defendant Glisan moved her vehicle from the right-
hand lane into the left-hand lane, activated her left turn signal and began to slow down in order
to turn around at a marked cross.over through the medial strip to proceed in the northbound
lanes to get off at exit #12.
r
"
h) Operating his vehicle at the time of the accident when he
knew or should have known he was not covered for
liability coverage under the insurance policy insuring the
vehicle he was operating at the time of the accident;
i) Operating his vehicle at the time of the accident when he
knew the vehicle was unsafe and posed an unreasonable
risk of harm to other persons and the Decedent in
particular;
j) Operating his vehicle when he knew or should have
known that neither the tractor or the trailer he was
operating at the time of the accident would not pass
inspection;
k) Operating his vehicle at the time of the accident when he
knew or should have known that the trailer had defective
brakes; and
\) Failing to conduct an adequate pre-trip inspection before
the accident in order to discover the unsafe and
hazardous condition of the tractor and trailer.
15. At all times relevant hereto. Defendant Booz was acting in the course and scope
of his employment with Defendant B & P Transport. under the control of Defendant B & P
Transport. and in furtherance of the business interests of Defendant B & P Transport.
16. Defendant B & P Transport is vicariously liable for the negligence of Defendant
Booz.
17. The negligence of Defendant Glisan consisted of the following:
a) Failing to properly operate and control her motor
vehicle;
.;.
t
"
23. Solely as the resull of the negligence of the Defendants which caused the death oi
the Decedent. her survivors have suffered pecuniary losses having incurred funeral expenses.
cemetery costs, administrative expenses, ambulance service, and medical expenses.
24. Solely as the result of the negligence of the Defendants which caused the death of
the Decedent. her survivors have suffered pecuniary damages due to the loss of contributions
which Decedent would have made to them during her lifetime. They have also lost the care,
training. advice, education. companionship. society, affection, aide. and assistance, as well as
other services which the Decedent would have provided to them.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter
judgment against the Defendants in an amount in excess of the mandatory arbitration limits.
COUNT II
HAROLD L. CLAYBAUGH, Administrator of the
Estate of EDITH CLAYBAUGH
v.
ERICK ALEXANDER BOOZ, B & P ~fiLK TRANSPORT,
ARLENE E. GLISAN and JOHN K. SNYDER
SURVIV AL ACTION
25. The allegations contained in paragraphs I through 24. inclusive. are incorporated
herein as fully as th"ugh set forth at length.
26. The Plaintiff. Harold L. Claybaugh, brings this action on behalf of Edith M.
".. '." n~ '"
-.";" t .;...,
Claybaugh. deceased. pursuant to 42 Pa.C.S. !i8302.
....;: ..{,' ..u.,- ..~,,'
y"... ,...~..." ..,.. ".....
'1
," "','.' I
,u.r. 1.:..\'....,....:. I'.".
-..0 H" ...~.,. " I
""'0' . ~..~...,
,..... I...~.... .... ,",,' '
- .
27. Solcly as thc rcsultof thc negligcncc of the Defcndants. the Decedent was causcd
to undergo grcat pain. suffering, and anguish from the time of the accident until her untimely
death.
28. Solely as the result of the negligcnce of the Defendants, the Decedent has bcen
deprived of all earning, income, and benefits which she otherwise would have been expected to
enjoy during her lifetime.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter
judgment against the Defendants in an amount in excess of the mandatory arbitration limits.
RESPECTFULL Y SUBMITTED:
LA W OFFICES OF DALE E. AJ'l/STINE, P.C.
1'1
Grego" E. Martin, Esquire
Attorney I.D. #38894
Two West Market Street
P.O. Box 952
York, PA 17405
(717) 846 . 0606
"
~
"
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD L. CLAYBAUGH,
Administrator of the Estate of
EDITH CLAYBAUGH,
NO. 97-562
Plaintiff,
v.
CIVIL ACTION - LAW
ERICK ALEXANDER BOOZ, B& P MILK
TRANSPORT, ARLENE E. GLISAN and
JOHN K. SNYDER,
Defendants.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 23rd of April, 1998, I, Lisa M. DiBernardo, Esquire,
a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
hereby certify that I have this date served a copy of the foregoing
Praecipe for Entry of Appearance, by United States Mail, addressed to the
party or attorney of record as follows:
Gregory E. Martin, Esquire
Law Offices of Dale E. Anstine
Two West Market Street
P.O. Box 952
York, PA 17405
Couns.l for Plajntiffs
H. Anthony Adams, Esquire
128 East King Street, Suite A
Shippensburg, PA 17257
Couns.l for Boo% and B , P
Milk Transport
Thomas E. Tyler, Esquire
Davis, Riter, Parry and Hartmann
14th Floor, 1525 Locust Street
Philadelphia, PA 19102
Counsel for Defendant Glisan
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
/-;; II
l,>.<..-t-,.~
LISA M. DiBERNARDO, ESQUIRE
1.0. NO. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant Snyder
t
>
i
I
:"
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD L. CLAYBAUGH,
Administrator of the Estate of
EDITH CLAYBAUGH,
NO. 97-562
plaintiff,
v.
CIVIL ACTION - LAW
ERICK ALEXANDER BOOZ, B & P
MILK TRANSPORT, ARLENE E.
GLISAN and JOHN K. SNYDER,
Defendants.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Harold L. Claybaugh, Administrator of
the Estate of Edith Claybaugh
c/o Gregory E. Martin, Esquire
Law Offices of Dale E. Anstine
Two West Market Street
P.O. Box 952
York, PA 17405
You are hereby notified to file a written response to the enclosed
New Matter within twenty (20) days from service hereof or a judgment may
be entered against you.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
W:.- -p~~'-
LISA M. DiBERNARDO, ESQUIRE
I. D. NO. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant Snyder
t
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
"
HAROLD L. CLAYBAUGH,
Administrator of the Estate of
EDITH CLAYBAUGH,
NO. 97-562
Plaintiff,
v.
CIVIL ACTION - LAW
ERICK ALEXANDER BOOZ, B & P
MILK TRANSPORT, ARLENE E.
GLISAN and JOHN K. SNYDER,
Defendants.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Arlene E. Glisan
c/o Thomas E. Tyler, Esquire
Davis, Riter, Parry and Hartmann
14th Floor, 1525 Locust Street
Philadelphia, PA 19102
You are hereby notified to file a written response to the enclosed
Cross-Claim within twenty (20) days from service hereof or a judgment may
be entered against you.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
! I f'z 7)/1k
LISA M. DiBERNARDO, ESQUIRE
1. D. NO. 56684
110 South Northern way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant Snyder
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
J
,
HAROLD L. CLAYBAUGH,
Administrator of the Estate of
EDITH CLAYBAUGH,
NO. 97-562
o
Plaintiff,
v.
CIVIL ACTION - LAW
ERICK ALEXANDER BOOZ, B & P
MILK TRANSPORT, ARLENE E.
GLISAN and JOHN K. SNYDER,
Defendants.
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Erick Alexander Booz
B & P Milk Transport
c/o H. Anthony Adams, Esquire
128 East King Street, Suite A
Shippensburg, PA 17257
You are hereby notified to file a written response to the enclosed
Cross-Claims within twenty (20) days from service hereof or a judgment
may be entered against you.
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY:
tt r- l- (;> ,'iJ "C(
LISA M. DiBERNARDO, ESQUIRE
1. D. NO. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant Snyder
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
5. Admitted.
6. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 6 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
7. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 7 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
8. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 8 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
9. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 9 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
10. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 10 of
2
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
11. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 11 of
Plaintiff's Amended ComplAint and the same are denied and strict proof
thereof is demanded at the time of trial.
12. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 12 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
13. Denied. The allegations raised in paragraph 13 state a
conclusion of law to which no response is required.
14. Denied. The allegatlons raised in paragraph 14(a) - (1) state
a conclusion of law to which no response is required. Moreover, the
allegations contained in paragraph 14 are directed toward a Defendant
other than answering Defendant.
15. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 15 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
16. Denied. The allegations raised in paragraph 16 state a
conclusion of law to which no response is required.
17. Denied. The allegations raised in paragraph 17(a) - (f) state
a conclusion of law to which no response is required. To the extent a
3
20. Denied. The allegations raised in paragraph 20 state a
conclusion of law to which no response is required.
21. Denied. The allegations raised in paragraph 21 state a
conclusion of law to which no response is required. In addition, as to
the remaining allegations of paragraph 21, said allegations are denied
as answering Defendant lacks knowledge or information sufficient to forma
belief as to the truth of said allegations and, therefore, strict proof
thereof is therefore demanded at the time of trial.
22. Denied. After reasonable investigation, answering Defendant
is without knowledge or information sufficient to form a belief as to the
truth or veracity of the allegations contained in paragraph 22 of
Plaintiff's Amended Complaint and the same are denied and strict proof
thereof is demanded at the time of trial.
23. Denied. The allegations raised in paragraph 23 state a
conclusion of law to which no response is required. In addition, as to
the remaining allegations of paragraph 23, answering Defendant lacks
knowledge or information sufficient to form a belief as to the truth of
said allegations and, therefore, said allegations are therefore denied.
24. Denied. The allegations raised in paragraph 24 state a
conclusion of law to which no response is required. In addition, as to
the remaining allegations of paragraph 24, answering Defendant lacks
knowledge or information sufficient to form a belief as to the truth of
said allegations and, therefore, said allegations are therefore denied.
WHEREFORE, Defendant, John K. Snyder, respectfully requests this
Honorable Court to enter judgment in his favor and against the Plaintiff,
plus such costs and further relief as this Court deems just and equitable
under the circumstances.
5
30. Plaintiff's Amended Complaint fails to state a cause of action
upon which relief can be granted.
31. No act or failure to act on the part of John K. Snyder was a
substantial factor in bringing about Plaintiff's alleged injUries and
damages.
32. Plaintiff was contributorily and/or comparatively negligent
which contributory and/or comparative negligence was the substantial
factor in bringing about her alleged injuries and damages.
33. Plaintiff's claim is barred in whole or in part by the
provisions of the Pennsylvania Motor Vehicle Financial Responsibility
Law.
34. Plaintiff's alleged injury or damages were the result of acts
or omissions by third parties over whom Defendant had no responsibility
or control.
35. At all times relevant, Defendant, John K. Snyder, acted
carefully, lawfully, properly and prudently, with due care under the
circumstances.
36. At all times relevant hereto. Defendant's vehicle was in
compliance with all applicable PennDOT regulations and was safe for use
on the roadway.
WHEREFORE, Defendant, John K. Snyder, respectfully requests this
Honorable Court to enter judgment in his favor and against the Plaintiff,
plus costs and such other and further relief as this Court may deem
appropriate under the circumstances.
7
4. Admittcd.
5. Dcnicd. Following rcnsonahlc invcstigation nnswcring dctendnnt is without informlllion
sufficicnt to admit or dcny thcsc avcnncnls nnd thus thcy nrc dcnicd.
6. Upon information nnd hclict: nnswcring dctendnnt admits that defendant BOOl wns thc
opcrator of a 1972 Kcnworth W-900 tractor trailcr hcnring Pcnnsylvanin rcgistnltion numhcr AB65H43, on
AprillH, 1996. As tothc owncrship and pennissivc usc oftlmt vchiclc, tllllowing rcnsonahlc invcstigation
answcring dcfendnnt is without intllrmalion sufficicnt tondmit or dcny thcsc avcrmcnts and thus thcy nrc
dcnicd.
7. Dcnicd. Following rcasonablc invcstigation nnswcring dclendnnt is without intormation
sufficicntto ndmit or dcny thcsc avcrmcnts and thus thcy arc dcnicd.
8. Admittcd.
9. Denicd. Following rcasonablc investigation answcring dcfendant is without inlormation
sufficicntto admit or dcny thcse avcrmcnts and thus thcy arc dcnicd.
10. Admittcd.
II. Admittcd. By way of turthcr answcr. any ncgligcncc. carclcssncss or rccklessncss on
thc part of answcring dcfendant is spcciticnlly denicd.
12. Admittcd in part, dcnicd in pnrt. 11 is admilled that Dctendant Booz wns opcrllling his
vchiclc nt ccrtaintimcs in thc Icll-hand southhound lanc ofStatc Routc HI hchind Defendant Glisnl1's
vchiclc. and that hc failcd to stop or takc othcr cvasivc aClion. thcrchy striking thc rcar of Dcfendant
Glisan's vchiclc. ,md causing thc injurics allcgcd. 11 is dcnicd thatthc vchiclc opcratcd hy Dclendant Booz
2
was bchind Dcfcndant Glisan whcn shc movcd inlothc lcn.hand lanc. On thc conlrary. whcn shc movcd
intothc len-hand lanc, thcrc wcrc no vchiclcs bchillll hcr. Any ncgligcncc. carclcssncss or rccklcssncss on
thc part or answcring dclclllhmt is spccilically dcnicd.
13. Admittcd in part. dcnicd in part. II is admittcd only Ilmlthis accidcnt rcsullcd I'romlhc
ncgligcncc or dcfcndants Booz. B & l' Milk Transport. and Snydcr. II is spccilically dcnicd Ihatlhis
accidcnt rcsultcd I'rom any ncgligcnce, carclcssncss or recklcssncss on thc part or answcring dcfcndant.
14. Thc allcgations or this paragmph arc dircctcd to a party othcr than answcring dcfcndant.
15. Dcnicd. Following rcasonablc invcstigation answcring dclcndant is without informa-
tion suflicicnlto admit or dcny thcse avcrmcnts and thus thcy arc dcnied.
16. This paragraph is dircctcd to a dcfcndantothcr than answcring delcndant. By way or
furthcr answcr, this paragraph constitutcs a conclusion or law for which no responsc by answcring
dcfcndant is rcquircd.
17. Dcnicd. Any ncgligcncc. carclcssncss or rccklcssncss on thc part ol'answcring
dcfcndant is spccifically dcnicd. Each subparagraph hcrcof is dcnicd. On thc conlrary. at all matcrialtimcs
hcrcto, answcring dclcndanl opcratcd hcr molor vchiclc with all duc carc undcr thc circumstances.
I R. Thc allcgations or this paragraph mc dircctcd to a party othcr than answcring dclcndant.
COUNT I
19. Paragraphs I through 1 R arc incorporatcd hcrcin by rcfercncc as il' sct forth I'ully and at
Icngth.
20. Dcnicd. Following rcasonablc invcstigation answcring dclcndanl is without inlllnlla-
3
tion suflicicntto admit or dcny Ihcsc uvcrnlcnts and thus thcy arc dcnicd.
21. Dcnicd. Following rcusolHlblc invcstigation unswcring dcfcnd,lIlt is without inli.lrma.
lion suflicicntto admit or dcny thcsc uvcrnlcnts and thus thcy urc dcnicd.
22. Dcnicd. Following rcasonablc invcstigation answcring dclendant is without infonna-
tion suflicicnt to admit or dcny thesc avcrmcnts and thus thcy arc dcnicd.
23. Dcnicd. Following rcasonablc invcstigation answcring dcfendant is without infi.lOna-
tion suflicicntto admit or dcny thcsc avcrmcnts and thus thcy arc dcnicd. Any ncgligcncc. carelcssncss or
rccklcssncss on thc part of answcring dcfendant is spccifically dcnicd.
24. Denicd. Following rcasonablc invcstigation answcring dcfcndant is without inli.lOna-
tion suflicicnt to admit or dcny thcsc avcrmcnts ,lOd thus thcy arc dcnicd. Any ncgligcncc, carclcssncss or
rccklcssncss on thc part ofanswcring dclendunt is specilically dcnicd.
WHEREFORE, unswcring dcfendant. Arlcnc E. Glisan, rcspcctfully rcqucsts judgmcnt in
hcr favor and against all othcr partics.
COUNT II
25. Paragraphs I through 24 arc incorporatcd hcrcin by rcfcrcncc as if sct forth fully and at
Icngth.
26. Thc allegations of this paragraph constitute conclusions of law for which no responsc is
rcquircd.
27. Dcnicd. Following rcasonablc invcstigation answcring dcfendullt is without inli.lrIlla-
tion suflicicntto admit or dcny thcsc avcrmcnts and thus thcy arc dcnicd. Any ncgligcncc. carelcssncss or
4
rccklcssncss on thc part of answcring oclendanl is spccilically dcnicd.
211. Dcnicd. Following rcasonahlc invcstigation answcring oclendant is without inlllrrna.
tion suflicicntto admit or dcny thcsc avcnncnts ano thus thcy arc dcnicd. Any ncgligcncc, carelcssncss or
rccklcssncss on thc part ofanswcring dclendant is spccilically dcnicd.
WHEREFORE. answcring dcfcndant, Arlenc E. Glisan, rcspcctlully rcqucsts judgmcnt in
her favor and against all othcr partics.
NEW MAlTER
29. Thc claims ofthc plaintiff are or may be barrcd or limitcd by thc negligcncc or
contributory ncgligcncc oflhc plaintiff and by thc cflect ofthc Pcnnsylvania Comparativc Ncgligencc Act.
30. Thc claims of thc plaintiff arc or may bc barrcd or Iimitcd by the cflect of thc doctrinc
of assumption of risk.
31. Thc claims ofthc plaintiff arc Of may hc harrcd hy applicahle stalutcs of limitation.
32. Thc claims ofthc plaintiff arc or may hc harrcd or limitcd hy the cflect ofthc
Pcnnsylvania Motor Vchielc Financial Rcsponsibility Law.
33. Thc claims ofthc plaintiff arc or may hc harrcd or limitcd by thc provisions of his
policy ofautomobilc liahility insurancc in cffect atthc datc and timc ofthc allcgcd accidcnt or hy thc
eflects of thc policy of liahility insurancc covcring thc vchiclc being opcratcd at the afllresaid date and
timc. or by hoth such policics.
34. Any ncgligcncc or othcr Iiahility-producing conduct hy the dcfendant is denied.
5
35. It is denicd that thc plaintiff has a right to any prcjudgmcnt intcrcst or delay damagcs, as
thc lack of constitutionality of Pcnnsylvunia delay damagcs rulcs is hcrcby miscd and it is furthcr dcnied
Ihat plaintilTis cntitlcd to any delay damagcs during any pcriod of delay inthc trial of this action causcd or
contributcd 10 by thc plaintiff and his allomcy.
36. Answcring dcfcndant incorporates hcrcin and relics on all aflinnativc dcfcnses raiscd
by all othcr dcfcndants and additional dctendants in this action. including any which may hcrcaticr bc
joincd.
37. Thc ncgligent acts or omissions or othcrwise liability-producing conduct on thc part of
other individuals or cntitics, including but notlimitcd to othcr partics to this action. may havc causcd or
contributcd to thc plaintiff's injurics or damagcs. ifany, and may havc thcrcby constitutcd an intcrvcning,
supcrscding causc thcrcof.
38. Any injurics or damagcs provcn by thc plaintitT in this action wcrc not proximatcly
causcd by answcring dcfendant.
39. Thc plaintiff's injurics and losscs wcrc causcd solely by ncgligcnt. carelcss or othcrwisc
liability-producing conduct ofpcrsons or cntitics ovcr which thc answcring dcfendant had no control or
righl of control.
41. If answcring dctendant was ncgligcnt or othcrwisc rcsponsiblc fiJr any liability-
producing action or inaction rclativc to thc subjcct mallcr oftbc plaintiff's Complaint, all such allegations
bcing dcnicd, said answcring dclendant's ncgligcncc or othcr liability-producing action was passivc and thc
injurics sustaincd by thc pltlintilTwcrc thc rcsult of an intcrvcning ncgligcnt or othcrwisc liability-
6
">- .-"
r: c:
,: _:J
,
1I ,
l, , ,
tl.
l. ~ . ,
(;1, :>
( , I
,
1.-
I :;.,
L " ,
L ,. '-
'- r- . ..
i , I';'
, - .-
.-- ".
i "
c:
..::.'
'-
- " J
, .' ,,-
'\ G':: 0
( (;'
" '
......~' -
}ir~
~k
'::5
G
,?~
J:-~6
./......?
~~
<;t;
~2
'''1Iu
.mQ"
....
m d
},
0,
C\J .
>-
OCT
-
-
"..
".. ,
.
Q
.
~
r.i g. ~
~ p~
e~ n ~ I~
~~ - q E
~~ ~ ~ ~
rIl ~
101
~
=
Il'
,
"
,
j;
,
.
. ~
~ -. >-
~ - ...
;;:0:
wD. ..3 :,;-:1"
f1?'" ,~);;
~~; --
'" \..):-(
Q..
p '=' {.);J
c: ;-'-jr;)
"J " ~
ft~:~' >- ,.,.....
1.7
;.':: -:'( LIte
:.r: el
~ CO ~
CT\
.
Q
.
~
. "
rap ~
~~~i~
e~lnll
;;: .. ~ ~
li. ~ to. III
~~ ~ ~ ~ ~
~~; ~ ~ -
fIl ~
~
=
. '. *
IN TIlE COURT OF COMMON PLEAS, CUMBERLAND CO., PENNSYLVANIA
HAROLD L. CLAYBAUGH,
Admlnl~tor of the Estate of
EDITII CLAYBAUGH
PIalntUT
: No: 97-.562
.
.
.
.
v.
.
.
ERICK ALEXANDER BOOZ, B&P MILK
TRANSPORT, ARLENE E. GLISAN and
JOHN K. SNYDER
Defendants
.
.
: CIVIL ACTION - LAW
.
.
: JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT ARLENE GLISAN
29. Denied. The allegation contained in Paragraph 29 is a conclusion of law to which i
I
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore i
denied, and strict proof thereof is demanded at trial, if relevant.
30. Denied. The allegation contained in Paragraph 30 is a conclusion of law to which
!
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore i
I
denied, and strict proof thereof is demanded at trial, if relevant.
31. Denied. The allegation containcd in Paragraph 31 is a conclusion of law to which
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore
denied, and strict proof thereof is demanded at trial, if relevant.
32. Denied. The allegation contained in Paragraph 32 is a conclusion of law to which I
I
j:
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore I
,
denied, and strict proof thereof is dcmanded at trial, if relevant.
33. Denied. The allegation contained in Paragraph 33 is a conclusion of law to which ;
U",I.. r~ .\!If..TI:oi.... I'. C.
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore
denied, and strict proof thereof is demanded at trial, if relevant.
I
I;
,
,
ii
Ii
i
ii
if
II 34. Denied. Thc a1lcgation contained in Paragraph 34 is a conclusion of law to which .
II
ii thc Pennsylvania Rulcs of Civil Procedure require no responsivc pleading, is thcrefore .
r!
:! denied, and strict proof thereof is demanded at trial, if relevant.
,!
i 35. Denied. The allegation contained in Paragraph 35 is a conclusion of law to which
thc Pennsylvania Rules of Civil Procedure require no responsivc pleading, is therefore
dcnied, and strict proof thcreof is dcmanded at trial, if relcvant.
,.
"
"
if
"
Ii
36. Dcnied. The allegation contained in Paragraph 36 is a conclusion of law to which ,
ii
"
thc Pcnnsylvania Rules of Civil Procedure require no responsive pleading, is thcrefore ,
denied, and strict proof thereof is demanded at trial. if relevant.
37. Denied. The allegation contained in Paragraph 37 is a conclusion of law to which
:!
thc Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore
dcnied, and strict proof thereof is demanded at trial, if relevant.
38. Dcnied. The allegation contained in Paragraph 38 is a conclusion of law to which
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore
denied, and strict proof thereof is demanded at trial, if relevant.
39. Denied. The allegation contained in Paragraph 39 is a conclusion of law to which
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore
denied, and strict proof thereof is demanded at trial, if relevant.
40. Denied. The allegation contained in Paragraph 40 is a conclusion of law to which ,
.'
-,....... ..,
the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore i
denied, and strict proof thereof is demanded at trial, if relevant.
UAL. Yo, ,\Jlf"'TI~". I', t'
2
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
HAROLD L. CLAYBAUGH,
Administrator of the Est~_e of
EDITH CLAYBAUGH,
NO. 97-562
Plaintiff,
v.
CIVIL ACTION - LAW
ERICK ALEXANDER BOOZ, B & P
MILK TRANSPORT, ARLENE E.
GLISAN and JOHN K. SNYDER,
Defendants.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ~f May, 1998, I, Lisa M. DiBernardo, Esquire,
a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
hereby certify that I have this date served a copy of the Defendant John
K. Snyder's Interrogatories to Defendants, Erick Alexander Booz and B &
P Milk Transport, by United States Mail, addressed to the party or
attorney of record as follows:
Gregory E. Martin, Esquire
Law Offices of Dale E. Anstine
Two West Market Street
P.O. Box 952
York, PA 17405
Counsel for Plaintiffs
H. Anthony Adams, Esquire
128 East King Street, Suite A
Shippensburg, PA 17257
Counsel for Boo% and B , P
Milk 2'ransport
Thomas E. Tyler, Esquire
Davis, Riter, Parry and Hartmann
14th Floor, 1525 Locust Street
Philadelphia, PA 19102
Counsel for Defendant Glisan
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
'-:
;
').:
f
I;'
;j
.'
.~
.9,
r..
{;
~..
['
b
",.,
I,"
l~~
r
I'
!,
BY: // s::. '{)--.v--
LIS~M. DiBERNARDO, ESQUIRE
I. D. NO. 56684
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant Snyder
-.. ~. )
, ,
. .
IJ~
., ,
t,_
j-.
.
I,.,;
C. ,
...
-::.
I Ie 1
U " '~ (,J
RcqucstluPrnducc Documcnls and Things Dircclcd toPlainlirr
Rcqucst10 Prnducc Documcnls and Things Dircclcd to Dclcndant, John K. Snydcr
Rcsponsc of Dclcndant Arlcnc E. OlisanluPlainlirrs Rcqucst lilr Prnductionor Documcnts
Rcsponsc or Dclcndant Arlcnc E. (i1isHlllO Dclcnd.mt Juhn K. Snydcr's Rcqucsl for
Produclion or Documcnts
Datc: August 12, 1998
Thomas E. Tylcr
Allorncy Iilr Dclcn
'.. (') ..
I .,
III
()-
r, ~ C'....
~[;I ~....
L. ,
L
L. ~ I:.j
'-.-
I .,-
I~ rc i
0 en U
,~
<:1\
If'.
1":
'-
..
(.~
'., "
, .
..1
(...J , .
( .
! 1'.1 ,
I
..:;
l - 'J
.