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HomeMy WebLinkAbout01-1273 FX "I -^'" ~>" . _._x_=~ ~''''--'~~,--~'~'' 'J,"~'_,__-',."f,,_,,'_' -""",,,,-, -,,='- -,;",,;,,,,,,', - ~ "'I'[i' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY PRUSKI KRYSTYNA PRUSKI Plaintiffs NO. 01- 1J..'13 C,ofT€A-~ v. CIVIL ACTION - LAW TiMOTHY ARNOLD, Defendant : JURY TRIAL DEMANDED NOTI~F YOU HAVE BEEN SUED 11COURT. If you wish to defend against the claims set forth against you in the following pes, you must take action within twenty (20) days after this Complaint and Notice are serv d, by entering a written appearance personally or by attorney and filing in writing with t~e Court your defenses or objections to the claims set forth against you. You are warned Ithat if you fail to do so, the case may proceed without you and a default 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 prmperty or other rights important to you. YOU SHOULD TAKE T~. IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO E THIS OFFICE SET FORTH BELOW TO FIND OUT WH RE YOU CAN GET LEGAL HELP. , CUMBERLA"lD COUNTY BAR ASSOCIATION L~er Referral Service . Two Liberty Street Carli$le, Pennsylvania 17013 . (717) 249 - 3166 1-800-990-9108 LAW OFFICES OF DALE E. ANSTINE, P. C. TWO WEST MARKE:T STREET POST OFFICE: BOX 9S2 YORK, PuNNSYLVANIA 17405 (717)S46,0606 , II Ii ",. ,~-"~,-"~"'"'--'" O"'~ ""'"- -'~~"'-'.""~"'-~,~,"" '--"i!i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA JERZY PRUSKI KRYSTYNA PRUSKI Plaintiffs NO. v. : CIVIL ACTION - LAW TIMOTHY ARNOLD. Defendant : JURY TRIAL DEMANDED AVI~O USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por. abogado y presentar en la Corte par escrito sus defensas 0 sus abjecianes alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede praceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamada en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados par el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDAA UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO. VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 l.AW OFFICES OF DALE E. ANSTINE, P. C. TWO WEST MAR"'ET STREET POST OFFICE Boxe"a YOlU<, PENNSYLVANLIl. 1740r; (7,7JS46-0606 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY PRUSKI KRYSTYNA PRUSKI Plaintiffs NO. (!)/- ),;) 73 tu.M I/..VW'- v. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Jerzy Pruski and Krystyna Pruski, husband and wife, are adult individuals residing at 940 Stevens Road, York Haven, PA 17370. 2. Defendant, Timothy Arnold, is an adult individual residing at 4127 Kittatinny Drive, Mechanicsburg, PA 17055. 3. On April 22, 2000, Plaintiff, Jerzy Pruski, was the operator of a 1988 Chrysler Lebaron bearing PA registration plate CDC-5486. 4. On April 22, 2000, the Defendant was the operator of an automobile. 5. On April 22, 2000, at approximately 2:00 p.m., the Plaintiff was operating his automobile near the Camp Hill Mall when his vehicle was struck in the rear by the rent of the Defendant's vehicle who was following directly behind Plaintiff's vehicle. 6. This accident occurred solely as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. LAW OFF'CES OF 7. This matter is alleged to exceed the applicable limits of arbitration, and a DALE E. ANSTINE, P. C. TWO WEST MARKET STREET POST OFFICE BOX 9"'" YORK, PHNNSYLVANL\. 17405 (717)646-0606 'ury trial is hereby demanded. II ,~ , -" ".,' ^ -~~,-" - 'c,n'~"'" ,-",., .--, '.' _,,'__....__'~.'.< ~ ''',,",',OW:-'''''',",'., - '.- '( __' COUNT I JERZY PRUSKI v. TIMOTHY ARNOLD 8. The allegations contained in paragraphs 1 through 7 are incorporated herein and made part hereof as fully as though set forth at length. 9, The negligence of the Defendant consisted of the following: a) Failing to properly operate and control his motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c) Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular, in violation of 75 Pa.e.S. 93714; d) Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.e.S. 93361; e) Following too closely to Plaintiff's vehicle, in violation of 75 Pa.e.S. 93310; f) Failing to stop or take other evasive action before striking the rear of Plaintiff's vehicle; g) Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa.e.S. 93361; and h) Failing to exercise reasonable care to avoid striking the rear of Plaintiff's vehicle when the Defendant knew, or should have known, of the presence of Plaintiff's vehicle. LAW OFFICE:S OF DALE E. ANSTINE, P. C. TWOWE:ST MARKD STREET POST OFFICE 130X9S2 YORK, PBNI<SYLVANIA 1740~ 17'7) 846-0506 10. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including, but not limited to, cervical strain/sprain, right rotator cuff 2 LAW OFFICES OF DALE E. ANSTINE, P. C. TWO WEST MARKET STREET POST OFFICE 80)(952 YOHK, !'ENNSYLVANL!.. 17405 (717)846,0606 , - , '0 ".<.'_..'._","'_ > _q. ,,__~..-r - --y,-_ '"" ", 0. X:;' '"""",,,,'.. ,.' ':,-,,~;__ -it'",.., ,J.A~'" _ ""' '<<:;:)I! injury, right bicipital tendon tear, scapula pain, headaches, right supraspinatus tendon tear, cord compression at C4-5 and C5-6, and a severe shock to his nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and he will continue to incur medical expenses in the future, 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of his earnings and impairment of his earning capacity. This loss of income and impairment of earning capacity has exceeded, or may exceed, the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and the loss of income and impairment of earning capacity will, or may, continue in the uture. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in his pursuit of daily activities, all to his great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter 'udgment against the Defendant in an amount in excess of the mandatory arbitration limits. 3 Ii iI - I'.' ",'" '-~A""",", ' ~' -,',,-,':-':'..-,-- -"-~,."" .-r 'Co, ,-<~..l "_Jl "',"-',<\:,'" ,,' ,)"',, - >"'~"''' ,.,':ifC")"'U,.<J::k"'.'_ ,~,- , '--"-'''I ( i y~li1j COUNT II KRYSTYNA PRUSKI v. TIMOTHY ARNOLD 14. The allegations contained in paragraphs 1 through 13 are incorporated herein and made part hereof as fully as though set forth at length. 15. Solely as a result of the negligence of the Defendant, and the resulting injuries to her spouse, Plaintiff, Krystyna Pruski, has been deprived of the assistance, companionship and consortium of her husband, all of which has been to her great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter 'udgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: OF DALE E. ANSTINE, P.C. ~--_...- Gr ory E. Martin, Esquire orney 1.0. #38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 LAW OFFICES OF DALE E. ANSTINE, P. C. TWO WE:ST MARKE:T STREET POST OFFICE: BOX 952 YOIIK, PENNSYLVANIA 17405 (7'7)S46_0606 4 il '. ' "..'~' ,-,. ~ '.-""",:;,,, "^-- LAW OFFICES OF DALE E. ANSTINE, P. C. TWO WEST MARKET STREET P05T OFFICE 80X 952 YORK, PBNN5YLVANIA. 17405 17'7)845,0805 '.='~ -"'"~"--'~"d;.<-""~,,,'__'I,""'-'__' -,~" O','w" '---'-'_' '"' ,,_,~,,'\ ,',;"_".', .'''~ ..,', ,,'"'' " ",',.,' e._~";_E..~&\:. _ __ ,__ ~'" '-:c~,,"~,.'''o ";',, '--,.,~--:;<_f,'..,.:',.:._ _ , . I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities, Date: {):2 - 2"2 - cJ / ~7/ Jerz~.Pruski // Date: O!. ~ 2.2. - to ( J{f(YfJ1YIV j:f Cfrw5!11 Krystyna Pruski " Ii '.'. . . '"' ,-", "',:,;;,,;;;.:0~'-~> ~"" ",' "o,j: - " ~ .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire and Thomas B. Sponaugle, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins as attorneys for the Defendant, Timothy Arnold, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By:(2~~lrt~ Robert A. Lerman, Esquire Superior Court ID No.: 07490 BY: Thomas B. gle, Esquire Superior Court ID No.: 64584 Dated: '3 -I (,- 0 I 110 South Northern Way York, PA 17402-3737 Telephone: (717) 757-7602 Attorney for the Defendant ," ,.', ,'"'~' .~ " ~ ',,, '-~,~~' --,k,\-~ k;~'__ - "&} - .' . '. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 11o.-\~ day of t'\I<Vc,", ,2001,I,RobertA.Lerman, a member ofthe firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of the Praecipe for Entry of Appearance as indicated below, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York, PA 17405 (counsel for Plaintiffs) [ X] United States First-Class mail [ ] facsimile transmission [ ] personal delivery [ ] commercial overnight delivery GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By{2~~.~ Robert A. Lerman Supreme Court ID No. 07490 Attorney for Defendant 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 accftbsfamold.prp ~_'4 - ""'__<01_' , - - - - I _ 4' ~ _ - ~ ,',. - ":i' " SHERIFF'S RETURN - REGULAR CASE NO: 2001-01273 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRUSKI JERZY VS ARNOLD TIMOTHY WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ARNOLD TIMOTHY the DEFENDANT , at 1935:00 HOURS, on the 8th day of March , 2001 at 4127 KITTATINNY DRIVE MECBANICSBURG, PA 17055 by handing to TIMOTHY ARNOLD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 ,00 36.68 So Answers: C~~u. R. Thomas Kline 03/12/2001 DALE ANSTINE Sworn and Subscribed to before By: ~~ Dep h~ me this to :,H"- day of ~ 401 A.D. q}. 0 ~'J ~~' J'I?rothonotar ;;j;r~~ ~ ~ "'~"I'-~~~~'"""'<~'"' . . LAWOF",CES OF E E. A.~HTINE. P. C. !WOWl!:$T ......flKa STFlE:f;'!' POST OF"'l;t. aolC 9!lill "...... Plu..tlaorLv....>nA.I'l'40t' '7'71$..6-0$0$ l!l1lJ1 ,~, , " r""'~' ~'''''~''i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA <.-I ERZY PRUSKI KRYSTYNA PRUSKI Plaintiffs NO. v. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Jerzy Pruski and Krystyna Pruski, husband and wife, are adult individuals residing at 940 Stevens Road, York Haven, PA 17370. 2. Defendant, Timothy Arnold, is an adult individual residing at 4127 Kittatinny Drive, Mechanicsburg, PA 17055. 3. On April 22, 2000, Plaintiff, Jerzy Pruski, was the operator of a 1988 Chrysier Lebaron bearing PA registration plate CDC-5486. 4. On April 22, 2000, the Defendant was the operator of an automobile. 5. On April 22, 2000, at approximately 2:00 p.m., the Plaintiff was operating automobile near the Camp Hill Mall when his vehicle was struck in the rear by the ront of the Defendant's vehicle who was following directly behind Plaintiffs vehicle. 6. This accident occurred solely as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 7. This matter is alleged to exceed the applicable limits of arbitration, and a ury trial is hereby demanded. ;@;;~~~~~):l,j~ili;!'~'I~J~{<ili"rl";f,R,-,,"l>J~~~1<f~~1!li!il~~;,,1i';<jlM~kf'M\~i~jji..li,rr~'~ '"'_~jl' 'tf....J'~.iiW~JjiIiJmiiI:" <t,((,,\~~ ,~~. ~ '" ,"""... .', ,,> ", --.~ ~'nk,i j~ \1 ,I I~ II Ii ,H II Ii II I I i! ~ .':::.o<l.....,""""" '<' . , (f>~"'~ ~~~. 't ~~:) ,~ -<;" fr ,;-~ , --.~ - "-~.. '-',.' ',A- ..';0':";" >"~ ~ -,";;~-;,,~ ,: 0;:V;,;i,C':' ,h",:_::z,;,,-'"'" ... 'IW - " . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRlAL DEMANDED AND NOW, this CERTIFICATE OF SERVICE ;),3 ~ day of ~ ~ , 2001, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of InterrogatorieslRequest for Production of Documents of Defendant to Plaintiffs, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York,PA 17405 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: ~. THOMAS B.SP AUGLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ~ '-- ?~ -"- . ,,,,,,,,,,,~~,;,,,-,~.,~, "~.~ ""',,'", ".:....'"-'...;.t~j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Jerzy and Krystyna Pruski c/o Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York,PA 17405 You are hereby notified to file a written response to the enclosed Answer & New Matter of Defendant Timothy Arnold to Plaintiff s Complaint within twenty (20) days from service hereof or a judgment may be entered against you. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 1HOM~rnRE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York,PA17402 (717) 757-7602 ~'~ , . "'_~o.<, -"~ ,'>i: -', -',' ,"1 ;_"",'~",c ",," _'< _'_,~, '''' ""-:ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED ANSWER & NEW MATTER OF DEFENDANT TIMOTHY ARNOLD TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Paragraph 6 is a conclusion oflaw to which no response is required. To the extent a response is required, Defendant strictly denies that he was negligent in any manner whatsoever with respect to this accident and strict proof thereof is demanded. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. 7. Denied. Paragraph 7 is a conclusion of law to which no response is required. COUNT I JERZY PRUSKI v. TIMOTHY ARNOLD 8. Paragraphs I through 7 are incorporated herein by reference as though set forth in full. -- -,," J_> -< ".' ',","l'." ';.' ,'.' O'.-;,c;"i,-,";:,', ~", "0 ' \." u .,~, ~lf, 9. Denied. It is specifically denied that the negligence of the Defendant consisted of the following: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard for the safety of others and the Plaintiff, in particular, in violation of75 Pac c.s. g3714; d. Operating his vehicle too fast for the conditions then and there existing, in violation of75 Pa. C.S, g3361; e. Following too closely to Plaintiff's vehicle, in violation of75 Pa. c.s. g331O; f. Failing to stop or take other evasive action before striking the rear of Plaintiff's vehicle; g. Failing to stop his vehicle within the assured clear distance ahead, in violation of75 Pa. C.S.g3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiff's vehicle when the Defendant knew, or should have known, of the presence of Plaintiff's vehicle. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent in any manner and strict proof thereof is demanded. 10. Denied. It is specifically denied that the Defendant was negligent in the happening of this accident. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and strict proofthereof is demanded. The remaining allegations contained in Paragraph 10 are denied because after 2 - <~, .-~, ~, ~ ,"<",""',, '''' ....~y,',', ","'. ,'",",' "",,_ C_"'.'~"",_ ',~' '" "",,"'.'.' ,'>.~ >. " 'r~\,ql reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, the same are denied and strict proofthereofis demanded. II. Denied. It is specifically denied that the Defendant was negligent in the happening of this accident. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and strict proof thereof is demanded. The remaining allegations contained in Paragraph II are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, the same are denied and strict proof thereof is demanded. 12. Denied. It is specifically denied that the Defendant was negligent in the happening of this accident. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and strict proofthereof is demanded. The remaining allegations contained in Paragraph 12 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, the same are denied and strict proof thereof is demanded. 13. Denied. It is specifically denied that the Defendant was negligent in the happening of this accident. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and strict proof thereof is demanded. The remaining allegations contained in Paragraph 13 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, the same are denied and strict proof thereof is demanded. 3 ~ ~,' ~ ' -, .h)~ "-",,~'"-~ ""--" ''''='''~''','''-' ,,' ;;',,'- "c-''''r:~ WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff, together with costs. COUNT II KRYSTYNA PRUSKI v. TIMOTHY ARNOLD 14. Paragraphs I through 13 are incorporated herein by reference as though setforth in full. 15. Denied. It is specifically denied that the Defendant was negligent in the happening of this accident. On the contrary, at all times relevant hereto, Defendant acted in a careful, lawful and prudent manner with due care under the circumstances and was not negligent and strict proof thereof is demanded. The remaining allegations contained in Paragraph 15 are denied because after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, the same are denied and strict proofthereof is demanded. WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment in his favor and against the Plaintiff, together with costs of suit. By way of further answer, Defendant asserts the following New Matter: NEW MATTER 16. Paragraphs 1 through 15 above are incorporated herein by reference as though set forth in full. 17. Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted. 18. Plaintiffs' Complaint may be barred by applicable statute of limitations. 4 ..,'. . ',.0- <~, - --. ",,, ""-" "",->- ~".._;t"\"",, r..," 19. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of individuals or entities other than the Defendant, and over whom the Defendant had no responsibility or right of control. 20. Plaintiffs' injuries and damages, if any, were caused solely and directly as a result of the negligence of Plaintiffs, Jerzy Pruski and Krystyna Pruski, which negligence consisted of the following: a. Slowing and/or stopping their vehicle suddenly and abruptly and without warning directly in the path of the motor vehicle operated by the Defendant; b. Failing to keep a proper lookout for other vehicles lawfully on the highway; c. Failing to take appropriate actions to slow their vehicle in a safe and non- hazardous manner; d. Operating their vehicle in careless disregard for the safety of others and Defendant in particular in violation of75 Pa. C.S. 93714; e. Failing to yield the right-of-way to Defendant's vehicle; f. Failing to properly operate and control his motor vehicle; g. Failing to observe the presence of Defendant's vehicle when the Plaintiff knew or should have known of the presence of Defendant's vehicle; and h. Failing to properly operate brake lights to warn of stopping in Defendant's path. 21. Defendant was faced with a sudden emergency, not of the Defendant's making, which occurred when Plaintiffs vehicle suddenly, abruptly, and without warning or notice slowed and/or stopped in his path. 5 - ". '0 .--," " T'~o""_"_ -^;'~i~."t,;~'", ,,-,-,,"<" 22. Plaintiffs' claims must be barred or diminished with respect to Pennsylvania's Comparative Negligence Act because of the negligence of Plaintiffs, Jerzy Pruski and Krystyna Pruski, as set forth above. 23. Plaintiffs have not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiffs' claim for non-economic damages may be barred because Plaintiffs have elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Financial Responsibility Law. 25. Plaintiffs may have failed to mitigate their damages. 26. Plaintiffs may have received various benefits from other insurance arrangements, programs, and groups of contract insurance, including benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law and may not recover for the same benefits in this proceeding. 27. The injuries and damages that Plaintiffs claim to have sustained in this motor vehicle accident may have pre-existed this accident and were not caused as a result of this accident. 28. The injuries and damages that Plaintiffs claim to have sustained in this motor vehicle accident may have pre-existed this accident and were not aggravated or exacerbated as a result of this accident. 29. The injuries and damages that Plaintiffs claim to have sustained in this motor vehicle accident may have been sustained subsequent to this accident and may not be related to this accident. 30. Plaintiffs have recovered from the injuries which they allegedly sustained as a result of this accident. 6 = ~, ,'." ,'",,," "~'", ,1' ,'" ',"""", _,- "~' _ ",'",',";"",.':-'-L'.-,",,," .';:,;', '. '" ' -, '. 0 ',':',--, '~-r-i WHEREFORE, Defendant, Timothy Arnold, respectfully requests this Honorable Court to enter judgment in his favor. By: GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS rnOM~ffiB Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 7 -Ii . ~~'" -"~'~"',""","'~ '~'. -'K'^"'" ,-ci'~ ",,"C "" " ~,~ ,u..--'~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 VS. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED VERIFICATION I verifY that the foregoing facts are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date/flUId, ;;g;;tcl , ~~ TIMOTHY ARNOLD "< ~ ' "'" I - ~ , ;, ~, ,,-,,"j,~',,,,.,,,,!. ',- "' '~--';.;~r_'~ U:';;j;';;'~, ,< _'~ ',:':~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 4f1t day of PJ~ ,2001, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Answer & New Matter of Defendant Timothy Arnold to PlaintifPs Complaint by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York, PA 17405 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMAS B. SP N GLE, ESQUIRE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 I DALE ~~~;:;I;E. P. c. I TWO "'... "~R"" S'R'" "OSTO'''C..O.... Yo"". PENNSYLVANIA 174.0D c" ',' ,.-, - >'~ " , ."',""-,"""_":"'-':"""',i;"1';-';,"",",,:,, -"'",,' . . 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA JERZY AND KRYSTYNA PRUSKI Plaintiffs v. : NO: 01-1273 : CIVIL ACTION - LAW TIMOTHY ARNOLD Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT 16. Paragraph 16 states an incorporation paragraph, and therefore, no responsive pleading is required. 17. - 19. Denied. Paragraphs 17 through 19 state conclusions of law and therefore, no responsive pleading are required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. 20. Denied. Paragraph 20 states a conclusion of law to which no responsive pleading is required. Moreover, it is specifically denied that Plaintiff: a) Slowing and/or stopping their vehicle suddenly and abruptly and without warning directly in the path of the motor vehicle operated by the Defendant; b) Failing to keep a proper lookout for other vehicles lawfully on the highway; c) Failing to take appropriate actions to slow their vehicle in a safe and non- hazardous manner; d) Operating their vehicle in careless disregard for the safety of others and Defendant in particular in violation of 75 Pa.C.S.~3714; e) Failing to yield the right-of-way to Defendant's vehicle; f) g) Failing to properly operate and control his motor vehicle; Failing to observe the presence of defendant's vehicle when the Plaintiff knew or should have known of the presence of Defendant's vehicle; and h) failing to properly operate brake lights to warn of stopping in Defendant's path. I" ,- I lAW Df'F'ICES OF DALE E. AN8TINE. P. C. TWO WEST MARKET STREET POST OFFICE 8=952 YORE, PENNSYLVANLI. 17405 \7'7)646_0606 ''',,~, ' ,S -,,~ ':_" -" ,~;' "', - ~-; .. '" --,' ;, h ' '. :~,,: "Ii' ,.~, ~h ";;.;,,.;....;.'~,,'" ';:~~~ci,'I--,"".~<~",,' c ~;, ~;.:~:,;.::~?,;;'j :;;:~i:;3 '';;<;'';'i'G,~;i k",~', ' ~,'-:,,__,c: ,::,.>,:,~'~ 4 , 21.-30. Denied. Paragraphs 21 through 30 state a conclusion of law to which no responsive pleading is required. To the extent that such a responsive pleading is required, it is denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs, respectfully request this Honorable Court to enter judgment against the Defendant with interest and costs as allowed by law. Respectfully submitted, LAW OFFICES OF DALE E. ANSTINE, P.C. / )3 : Gregory E. Martin, Esquire 1.0.: 38894 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846-0606 II LAW OFFICES OF DALE E. ANSTINE, P. C. TWO WEST MARKET STREET POST OFFICE BOX 952 YORK. PENNSYLVANIA 17405 17J7)6".,-OEiOEi r - ,",,'____-"-7__,~ ,_' :_'~' '-'''-ok _" -, ";',,, __'"" ._~"'~"', ',-"_o.",,,,'-l '" ';":" _,~ -,;'i .... ,y"" , , I HEREBY VERIFY that the information set forth in the foregoing Reply to New Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: _ !-ltOL ~ / Jerzy. Date: Lt/f-:Ol f[{{'1$7YA/1f} crJkt6f1 I Krystyna Pruski . , '.' ~:. II - '. ~. ", -= - ~'-'. - ii' " c'J. ,- " LAW OFFICES OF DALE E. ANSTINE. P. C. TWO WEST MARKET STREET POST OFFJCE BOX 952 YOBK. PENNSYLVANU. 17405 (717) 846--0606 ,^',--- "-, .-,,".. . "''--,;'':;'- ; .- '-- --',,,,,", '~ "...4, .'~' ,;.~ "",""" ",. joc',;-, >, e_,." '. "';;'0 ho'" "'~ H.~i,'f. ,.,n:;,:'.;., -,;.;, ",--"__,, .;j:, -.z..--_~"'"' ,i',~,:,.-,;'-.l",,,,"'-.'l,;,-;,,,;i;,,';':ic':;j,~ :_', '~ --',) , ~;",'-> ~j ,",' CERTIFICATE OF SERVICE AND NOW, this 17th day of April, 2001, I, Gregory E. Martin, Esquire, a member of the Law Offices of Dale E. Anstine P.C., hereby certify that I have, this date, served a copy of the within and foregoing document by Certified and first class United States Mail, postage, pre-paid, addressed to the party or attorney of record as follows: Thomas B. Sponaugle, Esquire 110 S. Northern Way York, PA 17402-3737 Respectfully submitted, LAW OFFICES F DALE E. ANSTINE, P.C. ./ / / // BY: ~90ry E. Martin, Esquire I.D. NO: 38894 Two West Market Street P.O. Box 952 York PA 17405 (717) 846-0606 il - ,~ ->< - '''''' "', ,'.'.~',~ . _ ,_,8.'"" "O,:,l :--.:;~, '- ~ :;,> " C':', '1- . .. . .. ... , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _tf-th day of ~ 2001, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certifY that I have this date served a copy of Defendant's Response to Plaintiffs' Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York, PA 17405 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By rno~~U: Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 - ~ ., _. ~ I ,"' -- ,~- ',,',,'- ,"~ .- - .. ~ . - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this (7th day of ~ ,2001, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Answers to Plaintiffs' Interrogatories to Defendant, Set No.1 by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York, PA 17405 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THO S B. A LE, ESQUIRE Supreme CoUi1: J.D. #64584 Attorney for Defendant 110 South Northern Way York,PA17402 (717)757-7602 . __""~~ L , ~ " .. ~ <.-.'. . '"r:~~ - - . ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 17 tf, day of J:::n l' ,2001, I, Thomas B. Sponaugle, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of Defendant's Answers to Plaintiffs' Interrogatories to Defendant, Set No.2 by United States Mail, addressed to the party or attorney of record as follows: Gregory E. Martin, Esquire Two West Market Street P.O. Box 952 York, PA 17405 GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS By: THOMA B. LE, ESQUIRE Supreme Court J.D. #64584 Attorney for Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 ';"-'~ , ~ . L i . . il:i~ PRAECIPE FOR LISTING CASE FOR TRIAL (~st be typewritten ~d .ubmitted in duplicate) TO THE PlVI'HON:)rARY OF CUMBERLA-'D coum" Please list the following cose, (01eck one) (XX) for JURY trial at the next term of civil couct. for trial without a jury. ----------------------------------------- CAPTION Of CASt: (enti=e caption must be stated in full) Jerzy Pruski and Krystyna Pruski (chec:.c one) ( X) Civil Action - Law Appeal,from Arb~tratlon (other) (Plaintiff) vs. Timothy Arnold The trial list will 'Ole called on October 9, 2001 and (Defendant) Trials COITTTJence onJanuary 2002 I Pretrials '~il1 be held on October 17, 20011 (Briefs are due 5 days before pretrials. ) I (The party listing this case for :rlal .hall provide forthwi th a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. No. 01 Civl1 1273 19 IndiCote the a:torney who will try ca~e :oi the party who f~les this praecipe: Gregory E. Martin, Esquire InOicate trial counsel for other parties if known. Thomas Sponaugle, Es uire This case is rea~y for trlal, slgnedl R!=:qnirp.. Date! August 24, 2001 . Gregorv E. Martin ~ttorney for,Plaintiffs )" '~_!mtt<1*I:b.~!i!fJ:~j~~_Mtlilllti;#.'Ji'dliii[~L~~,;I'~iA~"",~~jjiHliDW -""~'""""1!li .,. ~ ~. <, ","' .,.... '.. l::l <:) C) C) C -n :?:: }:';;a ,) t,(' [TI[',-, ::''J Z::C 0) ;;.:: ( en .. c -< J ~ ~" C:' j.~ C) r;-? ~~ c z 0 )> --' ~ -< .f:"" c;</ 11:1 ~ ,-,' "~ ,-^ ." -v. ,,", " '. ,''''.'~ ," ""~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JERZY and KRYSTYNA PRUSKI, Plaintiffs No. 01-1273 vs. CIVIL ACTION - LAW TIMOTHY ARNOLD, Defendant JURY TRIAL DEMANDED PRAECIPE TO: PROTHONOTARY Please mark the docket in the above-captioned matter settled and satisfied. LAW OFFICES OF DALE E. ANSTINE By: QlXEGORY E. MARTIN, ESQUIRE ---Supreme Court !.D. # 3ggq~ Attorney for Plaintiffs Two West Market Street P.O. Box 952 York, PA 17405 "'--",^','r--'~' "~:U=' 1!:!1lI'i(' 9__ -. ".' " .'~''':-~~~l.~lJ(rC@!T;.,i ,~". .~ ~, ~ f ,'" fl~("'>" ~,".-. -, "i~1i 0 CO ") C ::"", s:: c::> "0 CO n ---;-1 mrn -I 2:1) l-,..., ZC N \:.:~6 ~,,!:;~ r'J ...:':- ~O -0 :A:~ d:;:0 -~ :::-}-C) ""'0 tf: -"~--:;;-nl )>C u --l ~ => 5:i 0'\ -< ~ ," * ~ ~~~