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Home My WebLink About00-05244 '. . " " -i,_"-''''''::'_o,'-, ,,'-. " ~ RICHARD SPIDLE and JEAN SPIDLE : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- SdJ'It( CIVIL TERM v. KENNETH J. REESE, Defendant : CIVIL ACTION - LAW 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 i attorney and filing in writing with the Court your defenses or objections to the claims set I 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 Complaint of 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II illLJ1~XfI~~~~ , ',0 '~~ i'~~"lI " '~-llil' 'fjJHJ1ir.i ;,,,,,:- "r ~' ,,~ c__ _" ,-" "..~ . RICHARD SPIDLE and JEAN SPIDLE : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00- 6-;z.y't CIVIL TERM v. KENNETH J. REESE, Defendant : CIVIL ACTION - LAW COMPLAINT 1. Richard and Jean Spidle are adult individuals currently residing at 211 E. Portland Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Kenneth J. Reese is an adult individual currently residing at 190 Lee Drive, Marysville, Pennsylvania, 17053. 3. On or about October 9, 1998, Plaintiff, Richard Spidle, was an operator of I a vehicle traveling East on Central Blvd at the intersection near Route 641, Camp Hill, Cumberland County, Pennsylvania. 4. At the said time and place, the Plaintiff was in a line of traffic, which ultimately came to a stop in a lawful and safe manner. 5. On the said date and time, the Defendant, Kenneth J. Reese, was the operator of a certain motor vehicle, which was being driven behind the Plaintiffs car on Central Blvd. 6. It was the duty of the Defendant, Kenneth J. Reese; to operate his said motor vehicle with due care and caution in accordance with the applicable statutes and ordinances in effect at the said time and place. 7. At the said time and place the Defendant, Kenneth J. Reese, did, in a careless manner, and in reckless disregard for the safety of others, did fail to bring his vehicle to a stop and struck the Plaintiffs vehicle in the rear. II ,.iMll..... . ~., ~-~.-~~ --Uf1lJl.llKJl.J.ilM '0 . In;;'JlWDr.-'l'\I~~:il!ii!lIlIiMll#~~-'.~ ~ It'--'''''''''.......T' . I. . i1IMIiii~"""="""-~ < ~,>- '. - ~.~"~.,-~-.-- ." .," ""~'-..;;I"': I , i 1 ... 'iw - -~ ' """I~;.~ . 8. As a direct and proximate result of the careless and negligent acts and omissions of the Defendant, Kenneth J. Reese, the automobile which the said I Defendant operated violently collided with the vehicle driven by Plaintiff, Richard Spidle. 9. As a direct and proximate result of this accident, the Plaintiff, Richard Spidle, suffered injuries of a personal and pecuniary nature, including but not limited to lost wages, medical expenses, damage to property, pain and suffering, and physical and emotional trauma, all of which are permanent. 10. As a direct and proximate result of the aforesaid accident, the Plaintiff, Jean Spidle, suffered a loss of consortium based on the injuries to her husband and spouse as outlined above. WHEREFORE, the Plaintiffs, Richard and Jean Spidle, demand judgment in their favor against the Defendant, Venita K. Wilson, in a sum not to exceed $25,000.00, which sum requires compulsory arbitration. 7 /J r/od} Date Respectfully Submitted TURO LAW OFFICES ~I' Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs - ,II ,""" ~ lj ~_.~Hl~J~t~Diw~~~~~~iIfilI~~~~ul~lr;\jt.:.'~ '-1:.' ~U ~JiIlJiil '. ~~ ~~ ~ ~ ~, ','-- , ,~, ',_,> --.'0_'_ , "'". - ,- ,~. " -,,;;,, ~ ~~ n c:-; C,: (~ <__,:v ~ ~ ""7):-'-' ,--. Cr~ n-I"- Z ~ ~ ,... ;"':l' \:~ U:' '-": -' \i ~: ,--_.J ) ..,::;- ~\ :+:! \ -:;c. '\. 5-;~~ ~"? :~3~~ , 2:: :;1 '-\ -; ,::;. -<; U1 :'0 ~ -< ~ RICHARD SPIDLE and JEAN SPIDLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5244 CIVIL TERM v. CIVIL ACTION - LAW KENNETH J. REESE, Defendant . . JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of wix, Wenger & Weidner, on behalf of Defendant Kenneth J. Reese in the above-captioned matter. WIX, WENGER & WEIDNER By _'RAe ~ rvt U. WN Richard H. wix, I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: August 16, 2000 {<c> " "- "l ~~ ,,~ " '"' > - ._W~ _. .""1' ~,~~ .,..........,.. , <,' ,,.. ,"- - --'.,- - -~,,' . ',. , o c ~ -rJ....i_, tTlrr Z:J:' Z,-' ~;> '<.c ?Zo --0 J>c -;- ~ > (..'J CJ :P" ,- G? "'" o ~Tl -"-\ ...J ::-:-'1;1 '- 's,\:3 -::_;{\S~ -~~2 C) -'!-::-:cn U, ~ ~ -'v -'" t:? '-" ,~ RICHARD SPIDLE and JEAN SPIDLE, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5244 CIVIL TERM v. CIVIL ACTION - LAW KENNETH J. REESE, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Richard Spidle and Jean Spidle; and Ron Turo, Esquire, Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER By ~c4.r.l H (~.d Richard H. wix, Esq., 1.0. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: ?{- 3,(- ;1'000 ~ " ~- ..- ,.... . - ,"'<~' ~ ',- ", "~ ,,:;.,' ',."'-~-. -j c'__ Hf RICHARD SPIDLE and JEAN SPIDLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5244 CIVIL TERM v. : CIVIL ACTION - LAW KENNETH J. REESE, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND, NOW COMES the Defendant, Kenneth J. Reese, by his attorneys, Wix, Wenger & Weidner and sets forth the fOllowing Answer with New Matter to Plaintiffs' Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admi tted. 6. The allegations of paragraph 6 set forth conclusions of law to which no answer is required. 7. The allegations of paragraph 7 are denied as stated and proof to the contrary is demanded at the time of trial. 8. It is admitted that Defendant's motor vehicle made minor contact with the Plaintiff's vehicle. It is denied that said contact was due to any carelessness or negligence on the part of the Defendant, or that it was a violent collision, and proof to the contrary is demanded at the time of trial. 9. Denied. """b.i: ,~'~'~,," ..~ 00, ~ ...'----. ,',I I 10. Denied NEW MATTER 11. The accident referred to in Plaintiffs' Complaint was caused by the negligence of the Plaintiff. 12. Plaintiffs' Complaint is barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Plaintiffs' Complaint is barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. WHEREFORE, Defendant demands judgment against the Plaintiffs, together with costs of this action. Respectfully submitted, WIX, WENGER & WEIDNER By "8A(' ~-<lrJ H l.J-x Richard H. Wix, Esq., 10# 07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 5/3i-dDl:)u 2 VERIFICATION I, Kenneth Reese, have read the foregoing Defendant's Answer with New Matter which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. c.s. section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: yfo/UdC ~ Kenneth ese ~ -. - '---..,~._- ..." ,-~ ~ ~,-" ,~", ,~-- '", -- \~-, "'k~.!i CERTrFrCATE OF SERVrCE AND NOW, this 31st day of August, 2000, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Ron Turo, Esquire TURO LAW OFFICES 28 South pitt Street Carlisle, PA 17013 WIX, WENGER & WEIDNER By 'KA (' J.A.~ fl LJ,x Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 " I ~~ ,- ~' :'0 _~ ,- ",^,," ~, i RICHARD SPIDLE and JEAN SPIDLE : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5244 CIVIL TERM v. . KENNETH J. REESE, Defendant : CIVIL ACTION - LAW ANSWER TO NEW MATTER ! 11. Denied. The allegations in this paragraph are legal conclusions to which no response is required. 12. Denied. The allegations in this paragraph are legal conclusions to which no response is required. 13. Denied. The allegations in this paragraph are legal conclusions to which no response is required. WHEREFORE, Plaintiffs demand judgment against the Defendants xxx of this action. 9~ Date Respectfully Submitted TURO LAW OFFICES ltul Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs II Mo" 'c ' lit!mlw[j~il!!~..Jjffl~~~~l' ,,,.,, .. =,',,~ .,,, ..,,,N,^,^,'A_ ~- ," -'1'0;' ,<--, 'w.., " *..u . ~.> 'j',C.." - ~ 1{ VERIFICATION ;lil...li.~t"";1 I, Ron Turo, Esquire, attorney for the Plaintiffs herein, have sufficient knowledge of the facts contained in this Answer and verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. 9h~ Date II ~ ~ " --'- ,- ", "~;~,-: . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to New Matter upon Richard H. Wix, ESqUire,,? depositing same in the ~ed States Mail, first class, postage pre-paid on the day of > -r ,2000, from Carlisle, Pennsylvania, addressed as follows: Richard H. Wix, Esquire 4705 Duke Street Harrisburg, PA 17109-3099 II R n Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs '~ ^ u.-~ ..IJ"ili~1l(~~ilIM~!" -ii!i1Wil= 1i1.4t .liJUliliillil > .-~ -" - , '-', , n',(' (>~ l_ r"' ~~.. '- ;::.:: -I ...< - ''';",J, - ~ -" ,-- ~ C', C- '^ ,"^ .,/) :'",'''] ~o'J- .~'- " r:-? (,) C) ~~ ~< " "" -,-. ,I, ";,' ~-- - (~; I i I I ! "'" RICHARD SPIDLE and JEAN SPIDLE : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5244 CIVIL TERM v. KENNETH J. REESE, Defendant : CIVIL ACTION - LAW PRAECIPE TO: Prothonotary, Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Please settle, withdraw and discontinue the above captioned action on behalf of the Plaintiffs. Resp' ctfully Submitted TU LAW OFFICES y/>/o/ Date Ron Turo, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiffs II - -1~W~~!I.fi1.~Il;jjI~Il!'i:Jr,;k,f'~~1m1flilMijlj1~ ,_,7.~' ". . ,'c'"'''''''<-''''' ,~""', >.. .~"".__~ , " H ".. ","_ iil8i111If"" <~ lIlIi*1 " -lIlIiiI._.il~ o S; -vf).': i~ ~}~; );;'C: S -<: -". o '. o -'T1 :;;:u ,1 :0 I 0.... -Tl --',t~i ~~ '-( i,-, :-;':.,:c" -c.. j -_.',---'" ~7':::...! >-=::, ., ~, '''-1 ..,,~. ::0 ~~ ~ -,"'. 9 C".) OJ ~l