HomeMy WebLinkAbout97-03946
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F"RANK[L BARE.
ASSOCIATES
"TTO""'("" AT LA\\I
,. \\liST kiNG 51"llT
'l'Oltk Pt....l'liS"...v.."'1.11..01
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
MARTIN T. HALL,
NO. !j7- 3q4ft; a{~L{'(
Plaintiff
vs.
CIVIL ACTION - LAW
PAUL MILLER and
NEW PENN MOTOR EXPRESS. INC..
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND AND CLAIM RIGHTS
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
(201 days after this notice anc; pleading 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 claimed in the pleading 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone 17171 697-0371 Extension 6200 .
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10.
At all times relevant hereto, Defendant Miller had a duty to either
come to a stop behind the Plaintiff or to go around the Plaintiff.
11.
While Plaintiff Martin T. Hall was stopped at the aforementioned red
light, Defendant Miller, in a careless, reckless and negligent manner,
breached his duty and crashed the Mack truck he was operating into the rear
of Plaintiff's Ford pick-up.
12_
At all times relevant hereto, Plaintiff was covered by full tort under
Pennsylvania Law.
13.
As a direct and proximate result of Defendant Miller's negligence,
carelessness and recklessness, Plaintiff suffered, is suffering, and in the
future will continue to suffer permanent, serious and severe mental and
bodily injuries resulting in serious impairment of bodily function which
include, but are not limited to, the following:
al Physical pain and suffering as a result of whiplash, back injury,
head aches and left shoulder injury;
cl Mental anguish;
f'RANKEL 8ARE a
ASSOCIATES dl Discomfort;
ArTo"''''''ryS AT LAW
,. *r".. MIlIIQ .t_'lf Inconvenience;
YOflllll .......Ilt..n...,.""IIt, t '401 el
fl Distress;
gl Loss of life's pleasures:
hI Embarrassment end humiliation;
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12. Denied. After reasonable investigation. DefendantS are without knowledge
or infonnation sufficient to fonn a belief as to the truth of these allegations and proof thereof
is demanded.
13. Denied as stated. It is admitted that Defendant Miller was negligent. As
to the balance of the allegations of this paragraph. after reasonable investigation. Defendants are
without knowledge or information sufficient to fonn a belief as to the truth of these allegations
and proof thereof is demanded.
14. Denied as stated. It is admitted that Defendant Miller was negligent in
connection with the happening of this accident. As to the balance of the allegations of this
paragraph, after reasonable investigation. Answering Defendant is without knowledge or
information sufficient to fonn a belief as to the truth of these allegations and proof thereof is
demanded.
15.
Denied. It is denied that Plaintiffs damages exceed 525.000.00.
Count I
NeeUl!eIlce
The answers to Paragraphs 1 through 15 above are incorporated herein by
16.
reference thereto.
17. Denied as stated. It is admitted that Defendant Miller was negligent in
connection with the happening of this accident.
18. Denied as stated. It is admitted that Defendant Miller was negligent and
that. at that time. he was acting within the scope of his employment with Answering Defendant.
WHEREFORE. Defendant Miller admits that he was negligent.
Count II
19. The answers to Paragraphs 1 through 18 above are incorporated herein by
reference thereto.
20. Denied as stated. It is admitted that Defendant Miller was operating in the
course and scope of his employment at the time of this accident.
21. This allegation represents a conclusion of law to which no reply is
required.
WHEREFORE. Defendant admits that its employee was negligent.
NEW MAlTER
22. Plaintiff has. or may have. failed to mitigate his damages.
23. Plaintiff's claims are subject to the limitations of the Pennsylvania
Financial Responsibility Act, the provisions of which an: incorporated herein by reference
thereto.
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I';XI'I.ANATION 0... IU':(}I'IIU:1) 1(1-:( 'OIU)S
TO: l"\ 's lilli',\!\, of HI-< IIIWS HII(;
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AN Y .Ii; AI.I, 1(/'( 'OIWS HH AIHI TO TIll; t\("{ 'IIJI;NT OF 11I/1,\/%
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AllY ami all d;,ims I ill.s.
DlllfS Itf1lllfslfd: "11 10 Illld illclllclillR IlIf 1"'t'Sfll'.
SlIbjfCI : MARTIN T. IIAI.I.
2001 I{I<:U IlANK ROAD. DOVlm. 1'/\ 17315
Sucial SfCII..ih #: 278.70.41J22
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