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Home My WebLink About98-03606 ~ ( ~ ~ ~ ~ '> \l -.J '3'-- ~ I I I I I I ~i ~! I I I -J I ~~ I I~I . l I ....) I 01 ~l CY)' ! ~:l , <J-..i I I .1 <::II <-i \ ~ FENSTERMACHER AND ASSOCIATES, P.C. A'ITORNEYS AND COUNSELORS AT Ul.W rll' JONAt RUPP IIOUtE MARK K. EMERY, ESQUIRE DIRECT DIAL 1717) 691.5439 April 20, 2000 Ron Turo, Esquire Turo law Offices 28 South Pitt Street Carlisle, PA 17013 RE: Snyder v. Kichman Arbitration 98-3606 Dear Mr. Turo: I write in regard to the above-referenced arbitration, and, in particular, to your correspondence of April 13, 2000 addressed to David Jones, Esquire. Mr. Jones is no longer employed with this firm. I forwarded your correspondence to him to determine if he intended to act as an Arbitrator. Mr. Jones indicated that as he was not currently affiliated with a firm, he was not comfortable acting as an Arbitrator. J ask that you select another arbitrator to replace Mr. Jones. While I would normally agree to replace Mr. Jones so as to alleviate additional work on your behalf, I consider Plaintiff's counsel, Stephen Held, to be a close personal friend and, therefore, feel it would be inappropriate to be involved in this matter. If you have any questions or if I may be of some other assistance, please do not hesitate to contact me. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: ~~ Mark . Emery ~ rc HAl"tRlSBURG OFFICE 108 UNCOlJlJ STREET HARRISBURG, PA 17112 (7111 545-8610 TIlE JONAS RUPP HOUSE 5115 EAST TRINDLE ROAD MECHANICSBURG, PENN5YLVANIA 17055 (717) 691-5400 FAX (717) 691-5441 OCEAN CllY OFFICE 26 BAY AVENUE OCEAN err(, NJ 08226 (609) 391-9461 '---."" .,"..... .-- .-,.,---.-,-..." -.... ... 1['.,", '.;T) .. . ,E. :,;) ,'.., I.' "''', -'/ !.lIH)(: ;, ._,.....1. J j', : ,Hi .~" f ~', ':. 1) ; i' :.,- ~ '; I il :.:::; 1 '.' ~. I . "", ;i t.~.~,~, ~;~l::' t-~,)c; c,h":'J .,~ (, ~j ,,": :'1'-" ,; " " ~ ,. , . :1 t '. .,'- . ':;.-':"j .:., r ].1. J' . :',: . .'~..: r~~~~t :",:'".-- -'n~' ':)~;I~-:::i-:;~-:':T:t"n:?~.'~'~rl;~lil-I-t ;),:;:c J.:I~' i ) .~.) t, :~ :-, :-~ ~:,:::. ~.. '.; i :~~ ',: ~'I ',' ~.l ,\ if :~iU :-. ::1 ~. ';;' '.,:- ", , j':;',; '-"-' T sl: I~~ ;-;; . ~- [jL.fI ~~------~~-------- ~"';..':.'flur_ 'l :::,n~":>::'-ll1. ::~'..; 'J.l n ._ :-. d : ! ~. ) I I I I I I I I I -I I ., t. .,C C)~ t h ,i /' _..._:.?2_~~ d j ',t ...._(lI_ i_ -----q~Jl-7?~L<;~~ ,itJfai ' c:~ ;~:'~:~?:q':~:r': 00 he> . . "'\DT,'~9'( ',[ /; C(":iE.;:'" 118/0: So p:-"'li':'I'" "E,V/JS',Z~:: I ~'OUN'}' ....,,\1:-1 I '- - r... ".' ".<" 98-095 LAW OI<"'FICES 01<"' JACOnS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KARL R. SNYDER, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA VS. No. 98-3606 LINDA KICHMAN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attomey for the Defendant herein, and that he caused a true and correct copy of the attached Petition for Appointment of Arbitrators to be served by regular first class mail upon: Stephen Held, Esquire Handler, Henning & Rosenberg 319 Market Street, P.O. Box 1177 Harrisburg, PA 17108~1 '].. Date: /~ , / / // VI, March 10. 2000 Donald R. Dorer, Esquire Attomey for Defendant ~ c~ ~n ,-, , , , , , -- ., I'; ) , ;.) .., l..(, , ;.":J , , , -, :-ti . () '- , " - I .) .'.;) -- , .0 ", I(AI{L It SNYI)EI{, Plaintiff v. IN TilE COllnT OF COMMON PLEAS ClIl\lll1mLANI> COUNTY, PENNSYLVANIA No. c;f~ Jt~ 6t-:J ,(k4J-'c,L I I .j I, I; , CIVIL ACTION - LAW LINDA KJCHMAN, Dcfcndant ,JURY TRIAL I>EMANDED 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 tiling in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you ~1il to do so the case may proceed without you and a judgment may be entered against you by the couli 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. G..HIIB~r1(UIU \...uunty Lourt7-'ttlrnml:,u elfin reLltl, fL~ Cumberland County Guw ll,c..ile Carlisle, P A 17013 Telephone (717) ~ -10 <:'02 I I Ralll.colllfllant,lIIl'a KAI{L It SNYDER, PlaintifT IN TilE COllin OF COMMON PLEAS CUJ\IIlERLAND COUNTY, PENNSYLVANIA v. No, '? t. 3(" or::. Cu.":"(' 1-'>>)8" -C-,,,-- LINDA KICIIMAN, Defendant CIVIL ACTION - LAW ,JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintif1: Karl R. Snyder, by and through his attorneys, HANDLER & WIENER, by James R. Carroll, Esquire, and makes within Complaint against Defendant, Linda Kichman, and in support thereof, avers as follows: I, Plaintifl: Karl R. Snyder, is an adult individual currently residing at R,R. I. Box 266, Loysville, Perry County, Pennsylvania. 2. Defendant, Linda Kichman, is an adult individual currently residing at 41814 Cave Court, Apartment 109, Mechanicsburg, Cumberland County, Pennsylvania, ), On or about June 5, 1997, at approximately 7:40 AM" Plaintiff, Karl R. Snyder, owned and operated a 1986 Pontiac Sunbird. 4. At said time, Defendant Kichman owned and operated a 1990 Ford Escort in an eastbound direction on SR-O 114, Silver Spring Township, Cumberland County, Pennsylvania. 5, As Defendant Kichman approached a traffic signal on SR-O 114, she failed to see that traftic was stopped ahead in the eastbound lanes, thereby striking the 1986 Pontiac Sunbird owned and opcratcd by Karl R. Snyder (hcrcinallcr "Snyder vehicle") inlhc rear which pushcd the Snyder vehiclc to into a 1996 Jeep Chcrokcc, operated by Elaine S, Rampulla, 6. As a direct and proximatc result ofthc negligence ot'thc Defendant. Linda Kichman, Plaintiff, Karl R. Snyder, sufrcrcd scrious injuries rcquiring cmcrgcncy and continuing medical treatment. 7. Prior to the aforementioned collision, Plaintil1: Karl R. Snyder, had purchased a policy of motor vehicle insurance from Progressive Insurance Company, and his mother selected the Limited Tort Option, Said policy was in full force and cfrect on the date of the aforementioned collision. 8. Plaintifl's mother, Kay Snyder, of Loysville, Pennsylvania, hereby aver that she selected and signed for the Limited Tort Option on the motor vehicle insurance policy for her adult son, Plaintiff, Karl R. Snyder, without his permission or knowledge. (See attached as Exhibit A, affidavit of Kay Snyder). Therefore Plaintifl: Karl R. Snyder's, selection of the Limited Tort Option is invalid, thus Plaintiff is covered by the Full Tort Option, CO UNT I KARL R. SNYDER vs. LINDA KICHMAN 9. Plaintiff incorporates and make a part of this Count paragraphs (I) through (8) as if fully set forth below. 2 10. The aforemclllioned collision and thc resultant injuries to Plaintin~ Karl R, Snyder, wcre the dircct and proximate result or thc negligence ur Ihc Dercndant, Linda Kichman, more spccifically as set forth below: (a) In failing to keep a reasonable lookout for vchicles lawtllily traveling on SR- 0114; (b) In tailing to be reasonably vigilant to observe the Snyder vehicle; (c) In f.111ing to operate the vehicle under proper and adcquate control so that she could avoid striking the Snyder vehicle; (d) In tailing to operate the vehicle in such a manner so that she could apply her brakes to avoid striking the Snyder vehicle; (e) In f.1iling to properly and adequately observe the traffic conditions then and there existing. (t) In failing to obey traffic control devices in violation of75 Pa.C.S.A. * 3112; (g) In failing to operate under the rules of the motor vehicle code, more specifically, careless driving in violation of75 Pa.C.S.A. * 3714; (h) In failing to properly and adequately observe the traffic conditions then and there existing; (i) In failing to exercise the duty of care as required by 75 Pa,C.S.A * 3321; and (i) In driving her vehicle upon the highway in a manner endangering persons and property and in a manner with careless disregard to the safety of others and 3 In violation of the i\lotor Vehicle Code of the Commonwealth of Pennsylvania. II. As a direct and proximate rcsull of the negligencc of thc Dcfcndanl, Plaintifl: Karl R. Snyder, sustained serious injuries including, but not limited to, lumbar, dorsal, and cervical pain, a slight curvaturc of thc spinc. and pain and burning bctwccn his shoulder bladcs up into his neck all of which rcquircd mcdical care. 12. As a rcsult of thc negligence of the Dcfcndant, thc Phlintifl' has suflered a loss of earing capacity, and will continuc to sufler in the tlllure, to his grcat detriment. 13. As a result of the ncgligcncc of the Defendant, the PlaintifThas suflered a loss of his property, to his great detriment and loss, 14, As a result of the ncgligence of the Delendant, Plaintifl'has bccn compelled, due to his injured condition, to miss time Irom work and therefore, has not earned that he would have ifnot for the negligence of the Defendant. IS. As a result of the negligence of the Defendant, the PlaintifT has suflered a loss of life's pleasures and he will continue to sutler Ihc same in the Itlture, to his great detriment and loss. 16. Plaintifl; Karl R. Snyder, believes and therefore avers, that his injuries are serious and permanent in nature. 4 WIIEREFORE, I'laintitl: Karl R. Snyder, seeks damages /i'om the Defendant, Linda Kichman, in an amount in excess ol'twcnty-livc thousand dollars ($25,000.00), Rcspcctfitlly Submillcd, IIANDLER AND WIENER Date: 10 ) 'jj By: s , armll, Esquire- I . No. 1/75895 19 Market Street 1'.0, Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for I'laintifl' 5 9B.()9S LAW OFFICES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp lIiII, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant KARL R. SNYDER, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 98-3606 LINDA KICHMAN, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, LINDA KICIIMAN, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Denied. Defendant, Linda Kichman presently resides at 1170 Greenspring Road, Newville, PA 17241. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. This paragraph is generally denied pursuant to Pa.R.C.P. ~1029(e). 7. Denied. The Defendant is without sufficient information to form a belief as to the truth or voracity of any allegations set forth in paragraph 7, therefore, said allegations are denied with strict proof thereof demanded at time of trial, if relevant. 8. Denied. Paragraph 8 appears to set forth legal conclusions as to which no direct response is required by Defendant. Should any allegations therein be deemed factual in nature, said allegations are denied generally pursuant to Pa.R.C.P. ~1029(e). 9. Paragraph 9 is an incorporation by reference paragraph as to which no direct response is require by Defendant. HA-ru- rz., Sv YaJef2.. ( V In The Court of Coemon Pleas of L/IJDA- U/tC-lhflA-AJ ) ) ) ) ) ) ) Cumberland c....- ~o o.!lX,- County, ?ennsY1V~ia .s t;;cx;:, 19 OATH I,e do solemnly swear (or affirm) that we will support, obey and deiend the Constitution of the United States and the Constitution oi this Common- wealth and that we will discharge the duties of our oi ce with fidelity. ~A cj~ k.--~~ ':/1/ewl.4.~. / "_ f ~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) W e, f;;.tn 1'1- +C?-vo, of- ~~ f?4,~-/. '1-1 Ctnr.J Q c: q,:"J:-! ~< rfJe_:-f.eucP~+- /~ I-~-L, ~+C<- ( CI: IM~I-- C9 'f- S"- ~CJtYo ~t70 {J/"I5rt?~i7 .' (f /w.-...s' iv+--ev~J+ +:lJCJv, Y-J'! J)Cl.~ ~'f!--~~ Arbitrator, dissents. (Insert namei= applicable. ) Date of Hearing: S-~<( ko Date of Award: s1.Jy/oe> /1;{k 11 ~ ~_ ftV~r:nan ~fL 4,~ OF AWARD NOTICE OF ENTRY Now, the J.1~aay or "7;", .._ award was entered upon t~ed~et parties or their attorneys. , WIJ"lOZfJ, atIO:/J, &.~(., the above and notice thereof given by mail to the Arbitrators' compensation to be paid upon appeal: $ J. 90 .U1) c...~,-... ((,~, Jh;;o- ~ ro onotary ~ (2 I1.t.c.d<~-, Deputy By: I ~ " tr c) 1/ as .J- h- .eA/~~ '/ -f~ :Yct~vt.'5 Uc;l/~5 M~vff."1 ~wlPY'H M,!!t~s r oflo tv- fV(()w/L ])eh('~t'V ;~. . , ,\1 i '! , " Ar '!...' "'. J;' ", 1.1 "'.1 II. ,J 1\, ,\ ~ If! ' I U rc.. 0 t:... A-l-tJ D ";-:-f-I <::::--;;;;;:-..s +t>- 7?t7'1V - (t-t"'-C/ ,0'd,:' c 0- 3/4V n L'~ ;-11 '- :'-..) ',; ~.? :,:,u I, r -;() ,. -r, )::'1 ~ () :..jin .. .-. '1;:- ~.- ::11 Cd -< \: 1. ti. f \