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Home My WebLink About00-05796 STEPHEN 1. ECKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. CIVIL ACTION - LAW GERALD E. REINHARDT Defendant NO. ('\('")- S'79k Ciu~l y~ JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 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 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, P A 17013 (717) 249-3116 (800) 990-9108 217982.1 \MMM\LC3 STEPHEN 1. ECKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. CIVIL ACTION - LAW GERALD E. REINHARDT Defendant NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE pUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 217982.1 IMMMILC3 it 1 STEPHEN 1. ECKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff CIVIL ACTION - LAW v. GERALD A. REINHARDT, JR, NO. iH> _ S'l'lt- JURY TRIAL DEMANDED Defendant COMPLAINT L Plaintiff, Stephen J. Ecker, is a citizen of the Commonwealth of Pennsylvania, who resides at 714 Allendale Road, Mechauicsburg, Cumberland County, Pennsylvauia. 2. Defendant, Gerald A. Reinhardt, Jr. is a citizen of the Commonwealth of Pennsylvania, who resides at 310 Robinhood Road, Dillsburg, York County, Pennsylvauia. 3. The facts and occurrences hereinafter related took place on or about September 1, 1998 at approximately 8:07 am at the intersection of Boiling Springs Road (SRI74) and Locust Point Road, (SRI 007) Monroe Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Stephen Ecker was traveling west on Boiling Springs Road, approaching the intersection of Locust Point Road. 5. At that time and place, Defendant Gerald Reinhardt, Jr. was traveling north on Locust Point Road, approaching the intersection of Boiling Springs Road. 6. At that time and place, the traffic on Boiling Springs Road had the right of way and the traffic on Locust Point Road had stop signs in both directions as it approached the intersection of Boiling Springs Road. 217982.1 \MMM\LC3 I, h 7. At that time and place, Defendant Gerald Reinhardt failed to stop at the stop sign located on Locust Point Road, and entered into the intersection directly across the path of Plaintiff Stephen Ecker. 8. At that time and place, Plaintiff Stephen Ecker entered the intersection and struck the right front section of Defendant's vehicle, including the passenger side door. 9. As a result of the collision, Defendant's vehicle rotated 180 degrees and came to a rest facing East in the Eastbound lane of Locust Point Road. 10. As a result of the collision, Plaintiff's vehicle continued in a westerly direction, and came to a rest on the north berm of Boiling Springs Road. 11. As a result of the collision, Plaintiff Stephen Ecker was violently thrown within his car, and suffered severe and painful injuries, including, but not limited to, a concussion, a broken left ulna, a laceration at the comer of his right eye, numbness and sensitivity of the teeth, dental damage requiring at least one root canal, extreme tenderness and swelling in the right knee, severe bruising, as well as multiple cuts on his forearms and scalp. 12. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Stephen Ecker are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Gerald Reinhardt operated his vehicle as follows: (a) failure to stop at a stop sign; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the roadway; (c) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; 217982.1 \MMM\LC3 il 1 "h' '-,,,,.' -,,",-,', ;:.~ ~ -- ,-,', "'" I ~ (d) failure to travel at a safe speed; (e) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he should have been aware; (f) failure to keep proper and adequate control over his vehicle; (g) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvauia. 13. By reason of the aforesaid injuries sustained by Plaintiff Stephen Ecker, he avers that he has suffered a serious impairment of a bodily function which has and will in the future limit his ability to carry out his daily activities and claim is made therefor. 14. By reason of the aforesaid injuries sustained by Plaintiff Stephen Ecker, he was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 15. Because of the nature of his injuries, Plaintiff Stephen J. Ecker has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Stephen 1. Ecker has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss oflife's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Stephen J. Ecker has been subjected to humiliation and embarrassment, and claim is made therefor. 217982.11MMM\LC3 l "~ -~ " " :o';.u,c --.(', ,'~" .-- ,:_-,>>""- ",-.._Ci' ~'f,- -'._ ,-~ -I 18. As a result of the aforesaid il1iuries, Plaintiff Stephen J. Ecker has sustained work loss, loss of opportunity, and a permanent diminution of his earning power and capacity, and claim is made therefor. 19. As a result of the aforementioned injuries, Plaintiff Stephen J. Ecker has sustained scars, which will result in a permanent disfigurement, and claim is made therefor. 20. Plaintiff Stephen Ecker continues to be plagued by persistent pain and limitation, and therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, the Plaintiff, Stephen J. Ecker, demands judgment against the defendant, Gerald E. Reinhardt, in an amount in excess of Twenty-Five Thousand ($25,000) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, including punitive damages. Counsel for Plaintiff Dated: 8/21/00 217982.1\MMM\LC3 II h VERIFICATION I, STEPHEN J. ECKER, do hereby swear and affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ~/ ~~$/ Dated: 8JI",J~ ~ I Ii II i I , I ii'-~;>-~ 'c= . ',.,", . 'c. ,. "CC,,""" """" ".,,"',~~, " ' ;"bf "~~if:~'~' 1: ~~ - <: 0. ~ 0- ~ " ~ {;J '~.,~~-- 1> h (3 ~ ~ ~. ~ ~ I ft!~ $ -~ - (") C ",," va; n1rr' ~~, kef P:c' ~c5 :Pc ;z :< >>,.....,. " . , '. '."j J I,j tl II ii f , Ii f I I Ii I Ii I c..":J C:, ". ,-- cS rv r'0 ':) G ~.~.. ,~ :-'--::---'1 "'r::::." --':0 ,.:.;~? '_' r-~ ~~~ 6cn -.j 55 -< ~'"t1 ::r:. U1 ,.' - SHERIFF'S RETURN - OUT OF COUNTY . \.- ,.,j ~~lo- < , CASE NO: 2000-05796 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKER STEPHEN J VS REINHARDT GERALD E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT REINHARDT GERALD E but was unable to locate Him deputized the sheriff of YORK , to wit: in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 14th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO 18.00 9.00 10.00 51.20 .00 88.20 09/14/2000 ANGINO & ROVNER omas Kline riff of Cumberland County Sworn and subscribed to before me this I?:!:::: day of ~"7;;"'~ .26--00 A. D . Q\l4'. () fi",;;'u 1f~'7- d Prothonotary' 'c, COUNTY OF YORK < OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 .. 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1. PlAlNTIFFISJ Stephen J. Ecker 3. DEFENDANJJSI .Lr. Gerald~~ Reinhardt Notice & Complaint SERVE { S. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLO. ~ Gerald E. Reinhardt AT 2. COURT NUMBER ?O-<;7Qi> """i1 4. TYPE OF WRIT OR COMPLAINT 8. SPECIAL INSTRUCTIONS OR OTHERJNFORMATlON THAT WfLr ASSIST IN EXPEDJTIN.G SERVICE: o OTHER e sheriff of !~Ording Co. ADVANCE FEE PAID BY CUMBERL/IND COUNTY SHERIFF NOTE ONLY AI:>>I?UCABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sheriff levyIng upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found In possession. after notifying person of levy or attachment, without liab.ility on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TY~~D ~DRKOm!r,"O~! ORIGINATOR and SIGNATURE 4503:N. FRONT ST., HARRISBURG, PA 17110-1799 12. SEND NOTIC~ OF SERVICE COPY NAME ANP ADDRl:..S.5. BELOW: (ThiS area must be completed If notice is to be malle.d). 10. TELEPHONE NUMBER 11, DATE FILED (717) 238-6791 8/22/00 CUMBERLAND COUNTY SHERIFF !,,'~'c'.~, -~ $"PACE el;.I.OW FOR USE: QF THE. SHERIFF. DO NOT WRITE BELOW THIS LINE 13. I acknowledg.9 receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Da1e 0' compla;nt as Ind;cated above. . LUDWIG 8/24/00 9/21/00 POSTED ( ) POEt ) SHEAJFPS OFF ( ) OTHER ( SEE REMARKS :JJ 44. Signature of Dep. Sheriff 45. Signature of County Sheriff \.,J23. Advance C.osls k? 100.00 41. AFFIRMEti 42. day of T WILLIAM M. HOSE 46. Signature of Foreign Coun Sheriff IGNATURE 9/11/00 49. DATE 51. DATE RECElVED 1. WHITe - Issuing Authority 2. PINK - Attorney 3. CANARY. Sheriff's Office 4. BWE - Sheriffs Office / _. ~--.. COllN"Df OF YORK .. 'l OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 ,~8 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN .' ,. n 1. PLA1NTlF INSTRUCTIONS PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 2. COURT NUMBER Stepheft J. Ecker 3. DEFENDANilSI Gerald Reinhardt Notlce & CC~D12~~L SERVE { 5. NAME OF1NOIVlOUAL COMPANY, CORPORATION,nc. 'f(j Stl1VE R O.ESCRIPTIONOF PROPERTY TO 8E LEVIED, ATTACHED, OR SOLD. Gerald E.' Re-:tnhardt .. 6. ADDRESS (SrAEET-OR RFOWfTR gOX"NUMBER;AP'FNO.. CITY. BORC, rvl/p., STATE:: AND tiP CODE- AT ~lO RobinhoodRoad, -Uillsburg, FA 17019 - 7, INDICATE SERVICE, 0 PERSONAL Q"PERSPN lNGRAi'ro-.u u/j DEPUTIZE CumOOlERt ~1Io .. 0 1ST CLASS MAIL. 0 POSTED 0 OTHER' NQW ,K ,.;> -1/00 '1,20 . ,1,.S':lS.RIFF OP-'tOJ3J5c:.g.UNTIf'A, do her;ebYcJeputize the sheriff of fOrk ..';. ...... ... _ .'c",._', '.. _~~quCJlYt9,executethls Writ and make/etum thereof accQrding to law. ThiS cleputatlon being made at the request and risk of the plaintiff. ~. r.: . 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXP~rTING- SEAVI~: - ~ ~ \-. ' \,.,- ;-1_>;70 - r";,r11 4. TYPE OF WRIT OR COMPLAINT SHERIFF OF YO~K COUNl'l CumocJ_-..li:~n.J OOT OF COUNTY CUMBEPJ:J\.."<TI ADVAOCE FEE PAID BY CUMBERLAND COUNTY SHERIF~ ;,. .... ../ /"1 "lIll NOTE ONLY APPLlCA.BLE Ofl WRIT OF EXECUTION: No.B. WAIVER OF WATCHMA.N " An\) deputy sheriff levyIng-upon o(athich\ng aiW property 'under wi1hin wfit may lea'Je same without a watchman, in custody of whomever is found in possession, after notifying person of levy or ";tta5f'tnent, wi_~OO:Yiab~r the part of :j3uch deputy or the sheriff to any plaintiff hereIn for any Ip~, destruction, or removal of any property before sheriff's sale thereof. I/ /_~- -~ / " 9. TYPE NAMJ:~D ADDRESS of ATrOaw:Y 1 bFI1GlN""AtOFI and- SlGNi_ --.-. -.. - ~,._- .." 1 O. TELEPHONE NUMBER 11. DATE FILED MICHAEL E. KOSIK, ESUf ~. ..:'. 4503Jt, F.RONr ST., HARRISBU~, FA 17110-179. - (717) 238 6791:--- c,,, 12. SEND NO OF SEAV1CECOWNAMJ;;;h.""NQ AD S B (.OW: (TMis ar-ea - beV:omple1ed if notice is to be mailed). . 7 CUMBERLAND OXIIllTY SHERIFF .. .. ._1 ;;'0"';:'.c~":,' ,;;"SpACE BELOW FOR U$E QF'I'tfE $....ElUFF.,DO NOT WRITE BELQW TtlIS_L1.!'1J::_______ 13.1 acknowle~ge receipt oftha writ _ _ ____ ____ _ _____ _________ __ ____ - --- 14. DATE RECEIVED-- 15. ExpirationlHearing Date or complaint as Indicated. above. .JJ. . WillIG - 4.. -S~E REMARKS Q'.aie Time Miles Int. :j....y: ,.j:~ ------:::-~"-- " " ,-"- ,.. -~.~-."."..- .'-....'" , . ., --r---~-- - 23. Advance Cost.s lOO.OlL Check No. C-'. 'J'_' 40. Cost Due or Refund 41. AFFIRMED and sub:;;crlbed to before me this -: lth- 44. Signature of Dap. Sheriff 45. Signature of York County Sheriff _-f.- -:::.;...._ ~~_ _"....?~- 7';"_-?:~~ ._ 47. DATE 42. day of ':-:f'f.tpBvffi:-ffi ,20 00 _4~. _ _ ..-.-.. , -' PROTHO I NOi'A8.V J"1,/ ..-' / ~~... ~_. ".,A.'.~ 1',,1. :t.- ./ /'; ;' /. ".~ .'..... ..1: 'c- //..: 46. Signature o! ~orejgn / . f.. ~,j .j// "'" ... _J/.//,:..,.r/ ./'2....,. Count Shenff 50. r ACKNO . _pGE R CEJPTDF THE SHERJF;:'S.REJP .._rGN~}1LR.~."_ __..0...,.-. . OF AUTHQ ~ZED ISSOING AUTHORITY AND 111f.~ 1. WHITE - Issulng- Authority 2. PINK - Attorney 3. CANARY. Sheriff's:Office' 4. Si.UE: Sheflfrs-Offlce 48. DATE- -'f- 49. DATE 51. DATE RECEIVED """'. Cj - ',. "" ;::--;,',;j" I l' ,;" , .'- STEPHEN J. ECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNSYLV ANIA v. CIVIL ACTION - LAW GERALD E. REINHARDT, Defendant NO. 00-5796 - CIVIL TERM JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Gerald E. Reinhardt, only, in the above- captioned matter. Respectfully submitte , LAVERY & ASSOCI ES, P.c. Date:.1J By: Frank J. Lavery, Jr., sq Ire P.O. Box 1245 Harrisburg, PA 171081 5 (717) 233-6633 Atty I.D. 42370 Attys for Defendant Gerald E. Reinhardt ."_.:".<,,,,,,,,-,,",' ,. .,. .^- ~.",,- .Ji!lI~~~'l'1" _~ ,_ ,N~" >, ~_~ ,-_~_" --"",..'0'" "', .-",~- -'--,,- , -, -=- ,-,~' -- ~. .~ ..'0 c:: s: '"OUJ Q),fTl ""'- ::u 65~ ~z kC :F;o ~o c:: z =! "''-l;..' ,-, '--j', (;:) o en <""I " N o v 3f: (" .' "'1 .'l":::D ,- ~)-l;? :::;C.J ~~ 5;! :0 -< ty "" c.:;, w , _~ ,_ ,,, , . ,,"; - ~ "_~y.,~" ~"' ~" '...w.;r_, , , COMMONWEALTH OF PENNSYL VANIA COURT OF COMMON PLEAS, CUMERLAND COUNTY STEPHEN J. ECKER, Plaintiff v. NO. 00-5796 CIVIL TERM GERALD E. REINHARDT, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. GERALD E. REINHARDT AND NOW, comes Defendant, Gerald Reinhardt (hereinafter, "Defendanf'), by and through Lavery, Faherty, Young & Patterson, P.C., his authorized counsel, and files this Answer and New Matter to the Complaint filed by Plaintiff, Stephen J. Ecker, and in support thereof, aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The averments of paragraph 7 are denied pursuant to Pa. R.Civ.P. l029(e). 8.. Denied. The averments of paragraph 8 are denied pursuant to Pa. R.Civ.P. 1029(e). -~L~~- ..._~.-~~-.... l """", . 9. Denied. The averments of paragraph 9 are denied pursuant to Pa. RCiv.P. 1029( e). 10. Denied. The averments of paragraph 1 0 are denied pursuant to Pa. RCiv.P. 1029(e). 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 11, which are denied. Strict proof thereof is demanded at trial, if relevant. 12. Denied. The averments contained in paragraph 12 (a) through (g) of Plaintiffs complaint constitute a conclusion of law, to which no responsive pleading is required. To the extent that a response is deemed necessary, these averments are denied pursuant to pursuant to Pa. RCiv.P. 1029(e). 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 13, which are denied and strict proof thereof is demanded at trial, if relevant. By way of further denial, any inference that Defendant is responsible for the injuries alleged in paragraph 13 is denied pursuant to Pa. RCiv.P. 1029(e). 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 14, which are denied and strict proof thereof is demanded at trial, if relevant. By way of further denial, any inference that Defendant is responsible for the injuries alleged in paragraph 14 is denied pursuant to Pa. RCiv.P. 1029(e). 2 ~,"",'-li"< - w~."... WILl.....'. . 15. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 15, which are denied and strict proof thereof is demanded at trial, if relevant. By way of further denial, any inference that Defendant is responsible for the injuries alleged in paragraph 15 is denied pursuant to Pa. R.Civ.P. 1029(e). 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 16, which are denied and strict proof thereof is demanded at trial, if relevant. By way of further denial, any inference that Defendant is responsible for the injuries alleged in paragraph 16 is denied pursuant to Pa. R.Civ.P. 1029(e). 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the veracity of the averments set forth in paragraph 17, which are denied and strict proof thereof is demanded at trial, if relevant. By way of further denial, any inference that Defendant is responsible for the humiliation and embarrassment alleged in paragraph 17 is denied pursuant to Pa. R.Civ.P. 1 029( e). NEW MATTER 18. Plaintiffs claims are barred/limited by application of the Comparative Negligence Act. 19. Plaintiff s claims are barred/limited by application of the Motor Vehicle Financial Responsibility law of the Commonwealth of Pennsylvania. 20. Plaintiff negligently caused and/or contributed to this accident in that he failed to observe due care in the operation of his vehicle in the following particulars: 3 -,-,,--,,~~ ,~ ~'i'~ -~~ , , """'-11._ . (a) failure to exerCIse vigilance III operating his vehicle in a manner to ensure avoidance of motor vehicles in the roadway; (b) failure to operate his vehicle in a manner to ensure his ability to stop within the assured clear distance ahead; (c) failure to travel at a safe speed; (d) failure to control his vehicle; ( e) failure to drive his vehicle in a safe and non-negligent manner; and (f) violation ofthe Last Clear Chance doctrine. 21. The negligence of Plaintiff was the proximate cause of the accident resulting in alleged injury and damages to Plaintiff. WHEREFORE, Defendant prays that the Complaint against him be dismissed with prejudice. Respectfully submitted, LAVERY,FAHERTYi YOUNG &PATTERSON,P.C Date: ~ By: Fr J. Lavery, Jr., squire P.O. Box 1245 Harrisburg, Pennsylv . a 17108-1245 (717) 233-6633 Atty I.D. 42370 Attorneys for Defendant, Gerald E. Reinhardt 4 ;0.." ' -. =~ - --" "' -~ ""., . VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing Answer and New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the Answer and New Matter is that of counsel and not my own. I have read the Answer and New Matter and to the extent that the Answer and New Matter are based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer and New Matter is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. -" Date: IO~~Oc) By: G raId A. Reinhardt, Jr. /~,- - - ~- --.-,- '-" - I-,.l\;k;__'_ . .' CERTIFICATE OF SERVICE I, Kelly Ann Guyer, an employee of the law firm of Lavery, Faherty, Young & Patterson, P.e., do hereby certify that on this !{J""fivday of October, 2000, I served a true and correct copy of the foregoing ANSWER AND NEW MATTER via U.S. First Class mail, postage prepaid, addressed as follows: Michael E. Kosik, Esquire ANGINO & ROVNER, P.e. 4503 North Front Street Harrisburg, PA 17110-1708 mJtf/h- A~ Ke y Ann Guyer ,~"""" "'1]lt~iiIlil~5m~~~M1'i1~Jt~d'Mr.}j.,j;i''''':I;o '__"""!h,o;llfj,nt,;",,,,,:~~~""';'[l --''''I~';''; . . lIIi.111&1 - ~ -~~~n [ilIil!ilIlij~~r' "..-. ~ lalI!IM;i o ~ "'".:;" ""D~-J_' rt'f: I Z::'J' 0:;~: r;: <- ~f-~-; >s; ::.::.4 .-< (.-:1 C) o " -4 ~"O ;'.,] i'J (J] I ! ! I Cj '-'1 , , -,"I ',' , ~ ;_~--1 1,; ""' < -'0" ,~~ ,C'_ _,_,,'__'t" - ".<,~ ."'.", '''--'~.'.-~-' -, L .,;.',,^::~ , , STEPHEN 1. ECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5796 CIVIL TERM v. GERALD A. REINHARDT, JR, JURY TRIAL DEMANDED Defendant P,LAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, by and through his attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 18. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Stephen Ecker was negligent in any manner upon the cause of action stated in Plaintiff's Complaint, and therefore, it is denied that the Comparative Negligence Act is in any way applicable to Plaintiff's claim. By way of further response, it is specifically denied that Plaintiff's claims are barred or limited by the application of the Comparative Negligence Act. 19. Delued. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that any of the claims set forth in Plaintiff's Complaint are limited or barred by the application of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Denied. It is specifically denied that Plaintiff Stephen Ecker was negligent in any manner upon the cause of action stated in Plaintiff's Complaint and therefore it is denied that his alleged negligence caused or contributed to the accident or that he failed to observe due care in the 221S57.1\MEK\MMM ,/-. '~,., "- - ,-, -'/~. ;",",,,,,,,~,.:--'-. -'"".. ..... -I~ operation of his vehicle. The remaining averments of this paragraph are denied as follows: a. It is specifically denied that Plaintiff Stephen Ecker failed to exercise vigilance in the operation of his vehicle. To the contrary, it is averred that Plaintiff Stephen Ecker was not required to anticipate that another driver would be negligent and fail to stop at a stop sign and proceed directly into his path as he was properly proceeding on a through highway. Plaintiff Stephen Ecker maintains that it is not his obligation to assure his ability to avoid a motor vehicle whose operator fails to comply with the rules of the road such as stopping at a stop sign and yielding the right-of-way to a motorist who was approaching so close as to constitute a hazard. b. It is specifically denied that Plaintiff Stephen Ecker failed to operate his vehicle so as to be able to stop within the assured clear distance ahead. As stated in Plaintiff's Complaint, the Defendant pulled from a stop sign directly into Plaintiff's path taking away his previously assured clear distance and creating a sudden emergency. Plaintiff Stephen Ecker maintains it was the negligence of the Defendant, in failing to yield the right-of-way and proceed through a stop sign when Mr. Ecker was so close as to constitute a hazard, which resulted in the accident. c. It is specifically denied that Plaintiff Stephen Ecker failed to travel at a safe speed. To the contrary, it is averred that at all times Plaintiff Stephen Ecker was travelling at a safe and appropriate speed given the posted speed limit and the traffic and highway conditions which existed on the morning of the accident. d. It is specifically denied that Plaintiff Stephen Ecker failed to properly control his vehicle. To the contrary, it is averred that at all times Plaintiff Stephen Ecker had reasonable and appropriate control over his vehicle. As set forth in Plaintiff's Complaint, the accident occurred 221557.1\MEK\MMM ,'.'"., ""<'; '<.'.- . when the Defendant failed to stop at a stop sign and yield the right-of-way when Plaintiff's vehicle was so close as to constitute a hazard, pulling directly into Plaintiff's path and taking away his previously assured clear distance and creating a sudden emergency. e. It is specifically denied that Plaintiff Stephen Ecker failed to drive his vehicle is a safe and non-negligent manner. To the contrary, it is averred that at all times Plaintiff Stephen Ecker was driving in a safe and appropriate manner and observing the rules of the road. As set forth in Plaintiff's Complaint, the accident occurred when the Defendant failed to stop at a stop sign and proceeded into Plaintiff's path as he was travelling on a through highway. It was Defendant's failure to stop and entering within Plaintiff's previously assured clear distance which created a sudden emergency and provided Plaintiff with no opportunity to avoid the accident. f. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the theory or Doctrine of Last Clear Chance is recognized by Pennsylvania and in any way applicable to Plaintiff's accident. As set forth in Plaintiff's Complaint, this accident occurred as a result of the Defendant's failure to stop at a stop sign and proceeding directly into Plaintiff's path within his previously assured clear distance ahead. Plaintiff maintains that the Defendant created the sudden emergency by entering into a highway at a point at which Plaintiff's vehicle was so close as to constitute a hazard. 21. Denied. It is specifically denied that Stephen Ecker was negligent in any manner upon the cause of action stated in Plaintiff's Complaint and therefore, it is specifically denied that any alleged negligence on Plaintiff's part was a proximate cause for the accident and Plaintiff's 2~1557.1\MEK\MMM >, - ~ -<<, ~-'. c, ';"'~~r'''''~J/_"._~, '0'/' _ -,- " I" L H1' resulting injuries and damages. WHEREFORE, Plaintiff respectfully request that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. Respectfully submitted, ichael E. Kosik, Esquire LD. No. 36513 4503 N. Front Street Harrisburg,PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: ll/l/OO 22l557.l\M~K\MMM " r~ "" ,-' - ' ~"- ::... ,~"- w'. - _ ,",. . al......J VERIFICATION I, STEPHEN ECKER, do hereby swear and affirm that the facts set forth in the foregoing Reply to New Matter is true and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Ru1es of Civil Procedure relating to unsworn falsification to authorities. .5-pifu,J~ Dated: /Ohbio / / ti ,.,. .~,--. " ,,-,.--,' ,~. < to_",",' ~ - ~ .,,,,- ",. -. 1_,_', I~t CERTIFICATE OF SERVICE AND NOW, this 1st day of November, 2000 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Frank J. Lavery, Jr., Esquire P.O. Box 1245 Harrisburg, P A 17108-1245 ~ frl/rhA[v-- ichelle M. MIloJevlCh 221S57.1\MEK\MMM ;, ~.,"'" -...., 0_.., ~" ~" _~ 0,'" <.fl.'" ,;.;.,~--~-,-- -m~~~~iIll!l!ii'!"~' '- (") 0 C; !;"; Cl -n $.. Z vln CJ - ',-::; ,-~ rr'lrr1 ""::: 'C- .z+,-, :-,!'T; -."'" t -?,~. ., "'~'j:- t"-) c...::"..:'.: r...'.:\ ~L r-c' ~O ",', <: >c} :~: ~~;- C; z(-; ~: (~:: 1\1 )>C -" 2~ 1"v :.'-" ~ ::2 CN :< - ~~" iO " " > ., ~,'"" -," .~n- .'< __-,_'___' "'8'- ~ ANGINa & ROVNER, P.C. 4503 NORTH FRONT STREET lIARRISBURG, PA 171H).!708 717123&6791 FAX 717/238-5610 RICHARD C. ANGINO NEILJ. ROVNER JOSEPH M. MELILLO TERRY S. HYMAN DAVID 1. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK DAVIDS. WIsNESKI NIJOLE C. OLSON MlC11AELJ. NAvtTSKY JOSEPH M. DORIA DUANE S. BARRICK JAMES DECINTI WWW.ANGlNo-ROVNER.COM E-MAII.;MKOSIK@ANGINo-ROVNER.COM November 1,2000 Frank J. Lavery, Jr., Esquire P.O. Box 1245 Harrisburg, PA 17108-1245 RE: Ecker v. Reinhardt f >o.....k... Dear .Ms. LI1'''ry: Enclosed please find Plaintiff's Reply to Defendant's New Matter. I also wanted to advise you that I have left messages for my client to call me to see if he is interested in discussing settlement further. I previously received a letter from William Hilling inquiring about the possibility of settlement before proceeding into extensive discovery and I have yet to receive a response. I know that he is a school teacher but left messages and sent him an e-mail and have to assume that he has been too busy to consider this matter. I am hoping to reach him some time this week, and I will get back in touch with you to see if further settlement negotiations are possible. MEK:mmm Enclosure cc: Arnica Attn: William H. Huling, III, CPCU, AIM, AIC File No: L28l99803787 STEPHEN J. ECKER, v. Plaintiff GERALD A. REINHARDT, JR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 00-5796 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the docket settled, satisfied and discontinued in the above-captioned action. DATED: 5/1/01 ,P.C. ichael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff c.th",:, uiL . '",,'...l, ",,,.-~ 1-'" :",..-",..'-,,, ",-~'- "~'~I,,~~~~iwlii:r; i.,.,,-,.,i , <' e-'~ '",_~' '~" ""~'_:_" , ". '., " ,. " r i () c, 0 c " S. :.1i: -orD ;;00 .. mrr -c , Z..:....' I .I( z,:,,-' 01/ N .-' ~-' "_~~{J:) r:;= ....'-,' ~.~ ~J:~~ 3>(- ~ z .' -0 t:t om Pc: 'j;! Z 'N ~ :P t:;) '-<