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Home My WebLink About98-03490 . ,lit 1 .., t% L.. QJ. <1:: I '" ~ '" -' ", 4- .. ~ V) '\ \ I i , I I .... Ii {~I 1 I -i '. I .J I - I ~I I I I .oj 0-1 =",1 I (")1 . I c..i ~j >- en I.~: ,~~ ("- J.'::. ;-.'~ UJ~::'.! .cr; ?~.) :~: U(, l..L. . h:: \,j:':;' 'J._:' '.,. 0'.-:" .;.'-) ~~:j , I.." C' OLe. .';".(? u.J l"':'~' N du.; :;:' ~':: ::/ U-. :L. ,.11 ;j 1'7:- :OS U-~CL. ;tL_ en =S 0 0' 0 .' . c .0.;..- .' >: C,) (:~ a.. C r::: C"~ ~:;).: r C' LJ.I _:~~ " .' ,(.)[ .', ",_n .. , [i- ., ,.~~~:; ::t.. .~.~ :':; ~_J c:J :m i?'-:- u(-'~ ('.J "I" . :".1 F'II; ::,iiiJ 1..... :::;, A.:; (n~',:", -'J ;:.;~ \1_ (0 ::'"J 0 '';;"1 0 ., --~, :~/,""-. !;, ..} MARGARI~'(' A. SMI'I'H, Plaintiff IN TI-m COURT OF COMMON 1'L1~AS CUMBImLAND COUNTY, PENNA, " v. NO. 98.3490 Civil Tel'm 'II ABF FREIGHT SYSTEM, INC. and DANNY JERNIGAN, Defendants JURY 'rRlAL DEMANDED ," !1 , Dated: 7-ol"o -; g' ,~ RULE TO FILE A COMPLAINT TO: Margaret A. Smith, Plaintiff c/o R. Elliot Katherman, Esquire 31 South Queen Street York, PA 17403 Counsel for Plaintiff You are hereby ruled to file a Complaint within twenty (20) days of receipt of this Rule or suffer a judgment of non pros. CERTIFICATE OF SERVICI~ AND NOW, this /1'0- day of July, 1998, I, Marc'!', Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE 1'0 FILE A COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Bv First-Class Mail: R. Elliot Katherman, Esquire 31 South Queen Street York, PA 17403 ~/J//r:-v t/f/(/~~ Marc T. Levin, Esquire 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , " MARGARET A. SMITH, Plaintill' CIVIL ACTION - LAW v, No. 98-3490 ABF FREIGHT SYSTEM, INC. and DANNY JERNIGAN, Defendants JURY TRIAL DEMANDED RETURN OF SERVICE BY AFFIDAVIT PURSUANT TO Pa.R.c.P. 405(c) and (d) I, Tina M. Cook, do hereby swear or aflirm that service of the Writ of Summons in the above case was effected by certified mail on the date, time and place and by the person indicated on the certified mail receipt, attached hereto as Exhibit A. /~ojq?f I Date /1t1~ "711. {~-c,l(. ITina M, Cook Sworn and subscribe to before me this ~A ' c:l V day of ( . (/ , ~/ 1 \//., L!!.l~<c ;No at)' Public 'tv! C ,. E . . Notarial Seal . y ommlSSlOn plrllOOiop ~ "end,." Net SprlngettsiJury Twp.. YOlk Counl My Commission Expires Dec. 13, 1 ~99 Member, Pennsylvania Associ<llion Of Nolilries , 1998, (M) " :-; , .. -" -:-'1 ..' "."," j M:>I , ; , 1""1 ('-., r.:; ,.~) , , r,') , r r ., ., ....,. : 1 ::~ - ". , j MAlWAHE'I' A. SMITH, Plaintiff v. AIlI<' FHEIGHT SYSTEM, INC. and DANNY JERNIGAN, Defendants TO: Margaret A. Smith, Plaintiff c/o R. Elliot I<atherman, Esquire Katherman, Martz & Gailey 31 South Queen Street York, PA 17403 IN '1'H1~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. 1 l~, (: , " :t ~; I, " I.l t ,I NO, 98.3,190 Civil Term JURY TRIAL DEMANDED YOU ARE HEREBY NOTIFIED '1'0 PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINS'r YOU. Date: 9//0(90 Respectfully submitted, \. Michael A. Farrell, Esquire Attorney 1.D, No. 41067 Marc T. Levin, Esquire Attorney 1.0. No. 70294 2000 Linglestown Road, Suite 108 Harrisburg, PA 17110 (717) 652-610 1 Counsel for Defendants I' , " II !I Ii " ,I. Dcnicd. Aftcl' I'c/lson/lblc invcstig/ltion Answcl'ing Dcfcnd/lnts /l1'C without infol'lll/ltion suflicicnl. to /ldlllit 01' dcny thc truth 01' f/llsity of thc s/lid /lVCl'nwnts /Inri /lccol'(lingly dcny thc s/lmc /lnd dcmnnd stl'ict Jll'Oof' thcl'cof lit thc timc of trial if dccmcd matcl'ial. 5. Admittcd. 6. Dcnicd, Thc aVCl'mcnts containcd in this I'nragl'aph arc dcnicd in conformity with Pa,R.C,I'. 1029(e). 7. Dcnicd, Thc avermcnts containcd in this Paragraph arc dcnicd in conformity with Pa.RC.I', 1029(c), By way of fmothcr answcr, the avcrmcnts contained in this Paragraph are conclusions of law to which no affirmative response is rcquircd, To the extent an affirmative responsc may be required, said averments are denied and strict proof thereof is demanded at the time of trial if dcemcd material. 8, Denied. To thc cxtent this Paragraph is an averment of proximate causation, it is a conclusion oflaw to which no affirmative response is required. To the extent an affirmative response may be rcquircd, said averments are specifically and unequivocally denied and strict proof thereof demanded at time of trial if deemed material. By way of further answer, to the extent that this Paragraph is an averment of the Plaintiff's alleged damagcs, it is denied since after reasonable investigation Answering Dcfendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial if deemed material. By way of yet further answer, the remaining averments contained in this Pal'llgraph are conclusions oflaw to which no affirmative response is required. To the 2 Hi. Denied. The aVl'l'lnent.s cont.ained in t.his Paragl'llph are conclusions of lllw to which no affirmative response is requil'Cd, To the extent an aflil'lllHtive response may be required, said allegations arc specifically and unequivocally denied and strict proof thereof demanded at time of trial if deemed matel'ial. WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against the Plaintiff and that Answering Defendants be awarded appropriate costs and fees, NEW MATTER 17. Answering Defendants, ABF Freight System, Inc. and Danny Jernigan, incorporate by reference their responses to Paragraphs 1 through 16 of the Complaint as if more fully set forth herein at length. 18. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendants ABF Freight System, Inc. and Danny Jernigan. 19. Plaintifrs claims are barred and/or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law, 20. The claims of Plaintiff for the recovery of medical expenses and/or income are barred and/or limited by Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. In the alternative, Defendants are entitled to a setoff for any monies paid 01' payable to the Plaintiff for medical expenses and/or income loss by reason of the aforesaid Pennsylvania Motor Vehicle Financial Responsibility Law. 6 " i 'I; ~~, Plaintiffs harm, if any, was caused 01' contributed to directly, proximately and/or substantially by the careless, negligent and/or reckless conduct of the Plaintiff and therefore, Plaintiffs claim is barred in whole or in part by the Pennsylvania Comparative Ncgligence Act, 23. The aforesaid careless, negligent 01' reckless conduct of Plaintiff consisted of the following: a. Failing to operate her motor vehicle under control and in a safe and propel' manner; b, Failing to keep a careful and diligent watch on the roadway; c. Operating the vehicle in a careless and reckless disregard for the rights and safety of others; d. Failing to keep a propel' lookout for other vehicles; e. Failing to maintain an assured clear distance between her vehicle and the vehicle and the vehicles traveling in front of her vehicle; [, Failing to operate her vehicle at a speed which was reasonable and prudent given the prevailing conditions and potential hazards; g, Operating her vehicle in violation of 75 Pa.CB.A. ~3361; and h. Operating her vehicle in violation of 75 Pa.C.SA ~331O. 24. Plaintiff has failed to mitigate her damages, 25. At all times material hereto, Defendant Jernigan, operated ABF's vehicle in a safe and appropriate manner and in conformity with the laws regarding the operation or a motor vehicle. 7 VEHIFICA'l'ION PURSUAN'l''I'O Pa.R.C.P. I024W Marc T. Levin, Esquire states that he is the att01'l1ey fOl' the party filing the foregoing document; that he makes this affidavit as an attol'l1ey, because the party he represents lacks sufficient knowledge 01' information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the plll'ty for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge 01' information and belief, based upon his investigation of the matters averred 01' denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa,C.S, 4904, relating to unsworn falsification of authorities. DATE:September 10 ,1998 111,'::v'~ Marc T. Levin, Esquire CER'I'IFICA'I'E OF SERVICE jl. AND NOW, this ID ' day ofScptembel', 1!J!J8, I, Marc 'I', Lcvin, Esquil'c, hcrcby '~ ccrtify that I did serve a true and corrcct copy of the foregoing Answel" with New MatteI' upon all counsel of record by depositing, or causing to bc deposited, salUe in the V.S, Mail, postage prapaid, at Harrisburg, Pennsylvania, addressed as follows: Bv First-Class Mail: R. Elliot Katherman, Esquire 31 South Queen Street York, PA 17403 , Marc T. Levin, Esquire IN TilE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY,I'ENNSYLY ANIA Mllr~uret A. Smith und Clifford Smith, CIVIL ACTION- LAW I'llIintiffs v. No.9!l-34911 ABF Freight System, Inc., IIIIlI Dunny .Jernigan, .JURY TRIAL ()EMANDED ()efendunts PRAECll'E TO: Prothonotary of Cumberland County Kindly withdraw my appearance 011 behalf of Plaintiffs, Margaret and Clifford Smith, in the above-captioned matter. I./-u -11 ~d--A ,~. ~ I-Ierman A. GlIlley, JIl, EsqUlre ' MARTZ & GAILEY 96 South George St., Ste. 430 York, PA 17401 I.D. #31097 Date Kindly enter my appearance on behalf of Plaintiffs, Margaret and Clifford Smith, in the above- captioned matter, i /1 /?9, Date I { , L R. Eliiot Katherman, Esquire KATHERMAN, BRIGGS & GREENBERG 31 South Queen Street York, PA 17403 !.D. #27694 ,~~~~:!g:~~'i.~1~t~~:~f1~~~~~f~;~:~j:~ft~jt%~it!t~~~' ~J;'i$i.::ijf!t~r:;%;:l'i~*:i:ii~,~f$;!!}J$;~'<~!f~~:t;:~*t;:~}~(~'i~;'!;~~Jl~.: ,