HomeMy WebLinkAbout01-03678
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MATTHEW VARNER,
Plaintiff,
vs.
MATTHEW T. MITROS,
THOMAS S. MITROS and
JILL E. MITROS
Defendants.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 01- 3&1L {!~
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 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 a 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOTHA VEALA WYER 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, Pennsylvania 17013
Telephone: 717/249-6166
INTIFF,MATTH
OUNSEL:
VARNER,
(P A Bar ID# 49357)
(WV Bar ID# 3853)
615 East Orange Street
Shippensburg, Pennsylvania 17257
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McNeer, Highland, McMunn and Varner, L.C.
Of Counsel
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Michael D. Crim (WV ID# 7058)
B B & T Bank Building
Post Office Drawer 2040
Clarksburg, West Virginia 26302-2040
Telephone: 304-626-1100
Facsimile: 302-623-3035
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MATTHEW VARNER,
Plaintiff,
vs.
MATTHEW T. MITROS,
THOMAS S. MITROS and
JILL E. MITROS
Defendants.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OJ- 3(.,?'l Cr;;;) (~
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
COMES NOW the plaintiff, Matthew Varner, through his undersigned counsel, JAMES A.
VARNER, SR. and MICHAEL D. CRlM, and makes the within Complaint against the defendant,
Matthew T. Mittos, Thomas S. Mittos and Jill E. Mittos as follows:
I. The plaintiff, Matthew Varner, is an adult citizen currently residing in Cumberland County,
Pennsylvania.
2. Upon information and belief, the defendant, MatthewT. Mittos, is an adult currently residing
at 207 North Prince Street, Shippensburg, Cumberland County, Pennsylvania.
3. Upon information and belief, the defendant, Thomas S. Mitros, is an adult currently residing
at 115 E. King Street, Shippensburg, Cumberland County, Pennsylvania.
4. Upon information and belief, the defendant, Jill E. Mitros, is an adult currently residing at
115 E. King Street, Shippensburg, Cumberland County, Pennsylvania.
5. On or about the 29th day ofJune, 1999, at approximately 12:40 a.m., Defendant, Matthew T.
Mitros, was the operator, and Defendant, Thomas S. Mitros, and Defendant, Jill E. Mitros, the
owners, of a 1990 Jeep Cherokee, vehicle identification number 43189016, Pennsylvania license
plate number JHW427 (hereinafter "I)efendant's vehicle").
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6, At the time and place set out within this Complaint, Plaintiff, Matthew Varner, was a guest
passenger in the above described Defendant's vehicle and as such, had no control over the manner
in which the vehicle was being operated.
7. At the time and place set out within this Complaint, the Defendant's vehicle was proceeding
in a southeasterly direction on SR4016 in Southampton Township, Franklin County, Pennsylvania.
8. At the time and place set out above, the Defendant, Matthew Mitros drove his vehicle off the
roadway, crashing into two separate utility poles, while driving at a speed more than 30 miles per
hour in excess of the allowable speed limit and while under the influence of alcohol.
9. Defendant, Matthew Mitros, was tested and found to have a 0.19% blood alcohol (BAC)
level. He was then cited for Driving Under the Influence (Dur) of alcohol in violation of 75
Pa.C.S.A. 93731 (a.')(l) and (a)(4). Upon information and belief, Defendant Mitros was also cited
for failing to operate his vehicle at a safe and appropriate speed in violation ofPa. C.S.A. 93361;
careless driving in violation ofPa. C.S.A. 93714; and, aggravated assault by vehicle while driving
under the influence in violation ofPa. C.S.A. 93735.l(a).
10. Upon information and belief, Defendant, Matthew Mitros, entered a plea of guilty of Dur
with the Franklin County Court of Common Pleas.
II. As a direct and proximate result of the negligence of the Defendant, Matthew T. Mitros,
Plaintiff, Matthew Varner, sustained serious and permanent injuries requiring extensive and
continuing medical treatment.
12. Plaintiff, Matthew Varner, believes and, therefore, avers that Defendant, Matthew T. Mitros,
was driving under the influence of alcohol at the time of the collision.
13. At the time of the aforementioned collision, Plaintiff, Matthew Varner, had insurance
coverage with an election of the limited tort option. However, Plaintiff, Matthew Varner, is not
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bound by the limited tort by virtue of the Defendant's Dur conviction, pursuant to 75 Pa. C.S.A. S
1705( d).
14. In the alternative, Plaintiff has been advised and, therefore, avers that he has sustained
injuries that have resulted in injuries which are serious and permanent.
COUNT I
Nel!lil!ence
15. Plaintiff, Matthew Varner, incorporates herein by reference and makes part of this Count
paragraphs I through 14 of this Complaint as if the same had been fully set forth verbatim.
16. The occurrence of the aforesaid collision and the resultant injuries to Plaintiff, Matthew
Varner, were caused directly and proximately by the negligence of Defendant, Matthew T. Mitros,
generally, and more specifically, as set forth below:
(a) In failing to keep a reasonable lookout;
(b) In failing to operate his vehicle under proper and adequate control so as to avoid
collision;
(c) In failing to operate his vehicle in such a manner so that he could apply his brakes to
avoid collision;
(d) In failing to operate his vehicle at a speed, and under such control, so as to be able
to stop within the assured clear distance;
(e) In failing to take such precautions as a prudent man would take in regard to speed and
control of his vehicle;
(f) In failing to maintain proper and adequate observation of the existing traffic and road
conditions;
(g) In operating his motor vehicle at a speed and in such a manner so as to manifest a
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careless disregard for the safety of the plaintiff;
(h) In driving while intoxicated in violation of75 Pa. C.S.A. ~3371; and,
(i) In driving his motor vehicle at a time when he was unfit to do so due to his
consumption of alcohol.
17. As a direct and proximate result ofthe Defendant's, Matthew T. Mitros, negligence, Plaintiff,
Matthew Varner, has sustained severe and painful bodily injuries including, but not limited to, a 12
centimeter laceration to the right elbow which was contaminated with foreign bodies and required
surgical treatment, permanent scarring to the right elbow, cerebral concussion, cervical strain and
lumbar strain.
18. As a direct and proximate result of the Defendant's, MatthewT. Mitros, negligence, Plaintiff,
Matthew Varner, has been, and will in the future be, hindered from performing the duties required
by her usual occupation and from attending to her daily duties and chores, to her great loss,
humiliation and embarrassment.
19. As a direct and proximate result of the Defendant's, Matthew T. Mitros, negligence, Plaintiff,
Matthew Varner, has suffered great physical pain, discomfort and mental anguish, and will continue
to endure the sarne for an indefInite period of time in the future, to his great physical, emotional and
financial detriment.
20. As a direct and proximate result of the Defendant's, Matthew T. Mitros, negligence Plaintiff,
Matthew Varner, has been compelled, in order to effect a cure for aforesaid injuries, to expend large
sums of money for medicine and medical attention. Plaintiff, Matthew Varner, will continue to
receive treatment and incur expenses for the said injuries to his great detriment and loss.
21. As a direct and proximate result ofthe Defendant's, Matthew T. Mitros, negligence, Plaintiff,
Matthew Varner, has suffered a loss oflife's pleasures and he will continue to suffer the same in the
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future to his detriment and loss.
22. As a direct and proximate result of the Defendant's, Matthew T. Mitros, negligence Plaintiff,
Matthew Varner, has suffered a loss of income in an amount to be determined and hereafter proven.
WHEREFORE, Plaintiff, Mathew Varner, seeks damages from the Defendants, j ointly and
severally, in an amount in excess of twenty-five thousand dollars ($25,000.00).
COUNT II
Gross NCl!:lil!:cncc I Outral!:cous Conduct
23. Plaintiff, Matthew Varner, incorporates herein by reference and makes part of this Count
paragraphs I through 22 of this Complaint as if the same had been fully set forth verbatim.
24. The occurrence of the aforesaid collision and the resultant injuries to Plaintif, Matthew
Varner, were caused directly and proximately by the outrageous and grossly negligent acts of the
Defendant, Matthew T. Mitros, generally, and more specifically, as set forth below:
(a) In driving while intoxicated in violation of Pa.C.SA 93731;
(b) In willfully, wantonly and with careless disregard for the safety and health of
Plaintiff, Matthew Varner, operating his vehicl at a time when he was unfit to do so
due to his consumption of alcohol;
(c) In otherwise acting with reckless indifference to the rights and safety of Plaintiff,
Matthew Varner.
25. The actions ofthe Defendant, Matthew T. Mitros, in operating his motor vehicle under the
aforementioned conditions amount to gross negligence, which the Defendant knew, or should have
known, constituted reckless and wanton disregard for the safety of others.
26. As a direct and proximate result of the outrageous and grossly negligent acts of the
Defendant, Matthew T. Mitros, negligence, Plaintiff, Matthew Varner, has sustained severe and
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painful bodily injuries including, but not limited to, a 12 centimeter laceration to the right elbow
which was contaminated with foreign bodies and required surgical treatment, permanent scarring to
the right elbow, cerebral concussion, cervical strain and lumbar strain.
27. As a direct and proximate result of the outrageous and grossly negligent acts ofthe
Defendant, Matthew T. Mitros, Plaintiff, Matthew Varner, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from attending to her daily
duties and chores, to his great loss, humiliation and embarrassment.
28. As a direct and proximate result of the outrageous and grossly negligent acts ofthe
Defendant, Matthew T. Mitros, negligence, Plaintiff, Matthew Varner, has suffered great physical
pain, discomfort and mental anguish, and will continue to endure the same for an indefinite period
of time in the future, to his great physical, emotional and financial detriment.
29. As a direct and proximate result of the outrageous and grossly negligent acts of the
Defendant, Matthew T. Mitros, Plaintiff, Matthew Varner, has been compelled, in order to effect a
cure for aforesaid injuries, to expend large sums of money for medicine and medical attention.
Plaintiff, Matthew Varner, will continue to receive treatment and incur expenses for the said injuries
to his great detriment and loss.
30. As a direct and proximate result of the outrageous and grossly negligent acts of the
Defendant, Matthew T. Mitros, Plaintiff, Matthew Varner, has suffered a loss oflife' s pleasures and
he will continue to suffer the same in the future to his detriment and loss.
31. As a direct and proximate result of the outrageous and grossly negligent acts of the
Defendant, Matthew T. Mitros, Plaintiff, Matthew Varner, has suffered a loss of income in an
amount to be determined and hereafter proven.
WHEREFORE, Plaintiff, Mathew Varner, seeks damages, including punitive damages,
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from the Defendants, jointly and severally, in an amount in excess of twenty-five thousand dollars
($25,000.00).
COUNT III
Nel!lil!ent Entrustment
32. Plaintiff, Matthew Varner, incorporates herein by reference and makes part of this Count
paragraphs 1 through 31 of this Complaint as if the same had been fully set forth verbatim.
33. The Plaintiff, Matthew Varner, believes, and therefore avers, that the Defendants, Thomas
S. Mitros and Jill E. Mitros, knew or reasonably should have known that the Defendant, Matthew
T. Mitros, would, or was likely to, consume alcoholic beverages while operating the motor vehicle,
thus, creating an unreasonable risk of harm to others, including Plaintiff.
34. The Defendants, Thomas S. Mitros and Jill E. Mitros, were negligent and/or grossly
negligent in allowing the Defendant, MatthewT. Mitros, to operate the herein above described motor
vehicle when they knew or reasonably should have known that the Defendant, Matthew T. Mitros,
would, or was likely to, consume alcoholic beverages while operating the said motor vehicle.
35. As a direct and proximate result of the negligent and/or grossly negligent acts ofthe
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has sustained severe
and permanent injuries including, but not limited to, a 12 centimeter laceration to the right elbow
which was contaminated with foreign bodies and required surgical treatment, permanent scarring to
the right elbow, cerebral concussion, cervical strain and lumbar strain.
36. As a direct and proximate result of the negligent and/or grossly negligent acts of the
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has been, and will
in the future be, hindered from performing the duties required by his usual occupation and from
attending to her daily duties and chores, to his great loss, humiliation and embarrassment.
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37. As a direct and proximate result of the negligent and/or grossly negligent acts of the
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has suffered great
physical pain, discomfort and mental anguish, and will continue to endure the same for an indefmite
period of tinle in the future, to his great physical, emotional and financial detriment.
38. As a direct and proximate result of the negligent and/or grossly negligent acts of the
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has been compelled,
in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and
medical attention. Plaintiff, Matthew Varner, will continue to receive treatment and incur expenses
for the said injuries to his great detriment and loss.
39. As a direct and proximate result of the negligent and/or grossly negligent acts of the
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has suffered a loss
oflife's pleasures and he will continue to suffer the same in the future to his detriment and loss.
40. As a direct and proximate result of the outrageous and grossly negligent acts of the
Defendants, Thomas S. Mitros and Jill E. Mitros, the Plaintiff, Matthew Varner, has suffered a loss
of income in an amount to be determined and hereafter proven.
WHEREFORE, Plaintiff, Mathew Varner, seeks damages, including punitive damages,
from the Defendants, Thomas S. Mitros and Jill E. Mitros, in an amount in excess of twenty-five
thousand doIlars ($25,000.00).
Respectfully submitted this 13 day ofJune, 2001.
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PLAINTIFF, MATTHEW VARNER,
BY C UNSEL:
(PA Bar ID# 49357)
(WV Bar ID# 3853)
615 East Orange Street
Shippensburg, Pennsylvania 17257
Wc1o~
Michael D. Crim (WV ID# 7058)
B B & T Bank Building
Post Office Drawer 2040
Clarksburg, West Virginia 26302-2040
Telephone: 304-626-1100
Facsimile: 302-623-3035
McNeer, Highland, McMunn and Varner, L.C.
Of Counsel
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VERIFICATION
PURSUANT TO Pa, R.C.P. No. 1024(c)
JAMES A. VARNER, SR., ESQUIRE, states that he is the attorney for the party
filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is
correct and accurate to the best of his knowledge, information and belief and that this statement is
made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to
DATE:
June 13,2001
authorities.
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Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
LD. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717)761-4540
Attomeys for Defendants
MATTHEW VARNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3678 CIVIL
CIVIL ACTION - LAW
Plaintiff
v,
MATTHEWT. MITROS, THOMAS S, MITROS
and JILL E. MITROS,
JURY TRIAL DEMANDED
Defendants
APPEARANCE
AND NOW, this I),~ay of July, 2001, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530
on behalf of Defendants in the above captioned suit.
JOHNSON, DUFFIE, STEWART & WEIDNER
:147975
5774.350
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CERTIFICA TE OF SERVICE
AND NOIN, this IrJ<l!Jday of July, 2001, the undersigned does hereby certify that she did this date
serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
James A. Varner, Sr., Esquire
615 East Orange Street
Shippensburg, PA 17257
Michael D. Crim, Esquire
B B & T Bank Building
Post Office Drawer 2040
Clarksburg, WV 26302-2040
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:~~;'--'''/~ ~j?~
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CASE NO: 2001-03678 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARNER MATTHEW
VS
MITROS MATTHEW T ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MITROS MATTHEW T
the
DEFENDANT
, at 1615:00 HOURS, on the 27th day of June
, 2001
at 207 NORTH PRINCE STREET
SHIPPENSBURG, PA 17257
by handing to
TOM MITROS, FATHER
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
So Answers:
18.00
13.02
.00
10.00
.00
41.02
~~r;~c:~
R. Thomas Kline
me this /q ~
day of
06/28/2001
MCNEER ~'G"""i7~i1VARNE,
By . ~ t2 fIJ\ ---
, Deputy Sheriff
Sworn and Subscribed to before
47 ,/170! A.D.
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CASE NO: 2001-03678 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARNER MATTHEW
VS
MITROS MATTHEW T ET AL
J MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MITROS THOMAS S
the
DEFENDANT
, at 1645:00 HOURS, on the 21st day of June
, 2001
at 115 EAST KING STREET
SHIPPENSBURG, PA 17257
by handing to
THOMAS S MITROS
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
So Answers:
6.00
13.02
.00
10.00
.00
29.02
r~ -1: ~
R. Thomas KlineJr ~
me this /9 ~
day of
06/28/2001
MCNEER HIGHLAND MCMUNN & VARNE
By: J 1JJ0v1J.2Ju
II Deputy Sheriff
Sworn and Subscribed to before
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CASE NO: 2001-03678 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VARNER MATTHEW
VS
MITROS MATTHEW T ET AL
J MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MITROS JILL E
the
DEFENDANT
, at 1645:00 HOURS, on the 21st day of June
, 2001
at 115 EAST KING STREET
SHIPPENSBURG, PA 17257
by handing to
THOMAS S MITROS, FOR JILL
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
So Answers:
6.00
.00
.00
10.00
.00
16.00
r~y<~
R. Thomas Kline
06/28/2001
MCNEER HIGHLAND MCMUNN & VARNE
Sworn and Subscribed to before
By:
l1feulugirJv.
I eputy h riff
me this /q~
day of
~ ~I A.D.
C u..12~~
{>~thonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03682 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
PEAS ON JAMES E ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PEARSON JAMES E
the
DEFENDANT
, at 1927:00 HOURS, on the 28th day of June
, 2001
at 1927 KENT DRIVE
CAMP HILL, PA 17011
by handing to
JAMES PEARSON
a true and attested copy of COMPLAINT - MORT FORE
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:
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R. Thomas Kline
Sworn and Subscribed to before
06/29/2001
FEDE': ' PHYM
.I Deputy Sheriff
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me this /9't:- day of
~ ,,2r,o( A.D.
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SHERIFF'S RETURN - REGULAR .
CASE NO: 2001-03682 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
PEAS ON JAMES E ET AL
SHAWN HARRISON
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PEARSON CHRISTINE A
the
DEFENDANT
, at 1927:00 HOURS, on the 28th day of June
, 2001
at 1927 KENT DRIVE
CAMP HILL, PA 17011
by handing to
JAMES PEARSON, HUSBAND
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline .
06/29/2001
FEDERMAN &
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Sworn and Subscribed to before By:
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me this 7 day of
Q,p'1 ~ ( A.D.
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2001-03684 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TOWNSEND TRACY
VS
FORKLIFTS INC ET AL
BRIAN BARRICK
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, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
FORKLIFTS INC
was served upon
the
2001
DEFENDANT
, at 1419:00 HOURS, on the 25th day of June
at 741 INDEPENDENCE AVENUE
MECHANICSBURG, PA 17055
DAVID GREGORITIS, TREASURER
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.06
.00
10.00
.00
36.06
Sworn and Subscribed to before
me this J'1~ day of
q,fy ~I A.D.
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P . onotary
So Answers:
f"~y<~
R. Thomas Kline
06/27/2001
FREEB: & ~l!ijt;/
. Deputy Sheriff
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-03684 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TOWNSEND TRACY
VS
FORKLIFTS INC ET AL
R. Thomas Kline
duly sworn according to law, says, that he made a diligent search and
, Sheriff or Deputy Sheriff who being
and inquiry for the within named DEFENDANT
KUMLER DONALD
but was unable to locate Him
deputized the sheriff of PERRY
, to wit:
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within WRIT OF SUMMONS
27th , 2001 , this office was in receipt of the
On June
attached return from PERRY
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Deputize Perry Co 30.35
.00
55.35
06/27/2001
FREEBURN & HAMILTON
County
Sworn and subscribed to before me
this I'?~ day of C)tJ.,
,he I A.D.
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In The Court of Common Pleas of Cumberland County, Pennsylvania
Tracy Townsend
VS.
Forklifts Inc. et al
SERVE: Donald Kumler
N 01
o.
3684 civil
Now,
June 15, 2001
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Perry
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
.~~~?~
Sheriff of Cumberland County, P A
Affidavit of Service
Now,
.TnnA 7.7.
,20~,at
10: 4ra'c!ock A M. served the
within
Writ of Summons
upon
Donald Kumler
at
Arbor Manor Apt. 7 New Buffalo, Pa
170;;Q
by handing to
Lisa Kumler, Def.Wife
a
True & Attested
copy of the original Writ of Summons
and made known to
Her
the contents thereof.
So answers,
~ald E~ X~l
Deputy ~. per~
-'.--
County, PA
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rI\lAF~IRm ~BM~~~~~~~TARYPUBUC r
! I B~OOMFIELD BORO., PERRY COUNTY !
, MY CIlMNilSS10N EXPIRES FEB. 16 2004 i
COSTS
SERVICE 18.00 $
MILEAGE 10 <'>
AFFIDAVIT 2.00
$ 30.35
Sworn and subscribed before
me this ~:{f/I day of StUit' ,20EL-
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l n-ohnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
Lb. No. 19530
30 I Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attomeys for Defendants
MATTHEW VARNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3678 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW T. MITROS, THOMAS S. MITROS
and JILL E. MITROS,
JURY TRIAL DEMANDED
Defendants
DEFENDANTS' ANSWER TO COMPLAINT
AND NOW; this 8th day of August, 2001, come Defendants, through their undersigned attorneys, and
answer Plaintiff's complaint as follows:
1. - 5. Admitted.
6. Denied in Part. Admitted in Part. That Plaintiff had no control over the way in which the
vehicle was operated is denied. The remainder of this averment is admitted.
7. Admitted.
8. Admitted in Part. Denied in Part. That Defendant's vehicle left the road and crashed into
two separate utility poles is admitted. The remainder of this averment is denied.
9. Admitted in Part. Denied in Part. That Defendant Matthew T. Mitros had a .19 BAC and
was cited for various violations of the vehicle code is admitted. The remainder of this averment is denied.
10. Admitted.
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11. Denied.
12. Denied. This averment is deemed denied as a conclusion of law to which no responsive
pleading is required.
13. - 14. Denied. After a reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of said averment.
COUNT I
Negligence
15. Admitted in Part. Denied in Part. Paragraphs 1 - 14 hereof are incorporated by reference
herein.
16. - 22.
Denied.
WHEREFORE, Defendants demand that Plaintiff's complaint against them be dismissed.
COUNT II
Gross Negligence / Outrageous Conduct
23. Admitted in Part. Denied in Part. Paragraphs 1 - 22 hereof are incorporated by reference
herein.
24. -31.
Denied.
WHEREFORE, Defendants demand that Plaintiff's complaint against them be dismissed.
COUNT 11/
Negligent Entrustment
32. Admitted in Part. Denied in Part. Paragraphs 1 - 31 hereof are incorporated by reference
herein.
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33. - 40. Denied. These averments are denied generally pursuant to Pa. R.C.P. No. 1029(e).
Tiley are further denied specifically in that answering Defendants neither knew nor had reason to know that
Defendant Matthew T. Mitros would act as complained of in Plaintiff's complaint and any acts of negligence,
gross negligence or other basis for liability on their part is specifically denied.
WHEREFORE, Defendants demand that Plaintiff's complaint against them be dismissed.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:/t!l::;;;- Y-
G..- C. Roy Weidner, Jr.
: 148297
5774-350
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VERIFICA TION
The undersigned says that the facts set forth in the foregoing answer are true and correct. This
verification is made subject to the penalties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsifications to
authorities.
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Matthe . Mitros
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CERTlFICA TE OF SERVICE
AND NOIN, this 8th day of August, 2001, the undersigned does hereby certify that she did this date
serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
James A. Varner, Sr., Esquire
615 East Orange Street
Shippensburg, PA 17257
Michael D. Crim, Esquire
B B & T Bank Building
Post Office Drawer 2040
Clarksburg, WV 26302-2040
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~~L!4 6ZI~~
ichelle Hagy
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'.Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0 I 09
(717) 761-4540
Attomeys for Defendants
MATTHEW VARNER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 01-3678 CIVIL
v.
CIVIL ACTION - LAW
MATTHEW T. MITROS, THOMAS S. MITROS
and JILL E. MITROS,
JURY TRIAL DEMANDED
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action
crossclaims and joinders of additional parties.
settled and discontinued, including all counterclaims,
J IDes A. Varner, Sr.
ttorney for Plaintiif
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ~~~
C. Roy Weidner .
Attorney for Defendants
DISCONTINUANCE CERTlFICA TE
ANDNOW,~ /4{:2fb(
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PROTHONOTARY ~
:149047
5774.350
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CERTIFICA TE OF SERVICE
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AND NOW, this leR day of September, 2001, the undersigned does hereby certify that she did this
date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited
in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
James A. Varner, Sr., Esquire
McNeer, Highland, McMunn and Varner, L.C.
B B & T Bank Building
Post Office Drawer 2040
Clarksburg, WV 26302-2040
JOHNSON; DUFFIE, STEWART & WEIDNER
By: /tfAL/~ ,~~
'chelle Hagy '-
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