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HomeMy WebLinkAbout01-04122IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVII~ DIVISION VICTORIA MORRIS r v. File No. V I - 'y/•~~ ~lv~`,~~'/t'ryl. RICHARD DILWORTH Civil Action -Law 2809 Christy Drive Westminster, MD 21157 NASH FINCH CO. P.O. Box 355 Minneapolis, MD 55440 RUAN LEASING CO. 300 Riverchase Parkway Birmingham, AL 35244 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass against the Defendants in the above case. ~X Writ of Summons shall be issued and forwarded to Sheriff. Leah B. Graff, Esq lire Attorney ID No. 29176 Two West Market Street, P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintiff DATE: (a ~~ U/ SUMMONS IN CIVIL ACTION TO:RicharA T)ilwnrth, 2R09 C'hricty T)r , Weatmincter,~; Nach Finch Cn , P n_ Rnx 355. Minnea? nli5, MN 55440; and Rann T.eacing C o_, 300 Riverchace Pkcw_ irmingham_ AT. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENDED AN ACTION AGAINST YOU. DATE: Prothonotary/Clerk, Civil ion Y Deputy ca ,:-; ~ ~ -- ``=s ~ ~~ ~ c~ ~, e~ ~ ~ `~ ° ~- ~ ~= ~ =~ ~ ,_> 1 'f pia ((( V e~ o `~ ~~11 ~ 4' }~ ~ r~ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VICTORIA MORRIS CIVIL DIVISION v. No. 01-4122 Civil Term Civil Action -Law RICHARD DILWORTH . 2809 Christy Drive . Westminster, MD 21157 . HASH FINCH CO. P. O. Box 355 . Minneapolis, MD 55440 RUAN LEASING CO. . 300 Riverchase Parkway Birmingham, AL 35244 . PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a rule upon Plaintiff Victoria Moms to file a Complaint within twenty (20) days of service thereof or suffer the entry of a judgment of non pros. Respectfully submitted, REED SMITH LLP /J By: ~.ti'*~ N D ni o A. Ross 213 Market Street, 9`" Floor P.O. Box 11844 Harrisburg, PA 17108 Attorney for Defendant Nash Finch Company RULE TO FILE COMPLAINT AND NOW, this /9 `~ day of , 2001, upon praecipe of Defendant Nash Finch Company, a rule is hereby entered upon the Plaintiff Victoria Morns to file a complaint within twenty (20) days after service of this rule or suffer the entry of a judgment non pros. Curtis R. Long Prothonotary of Cumberland County By: ~ ~2t~ o ,-.~ puty HBGLIB-W 320A.01-DARO55 Jury 18. 2001 10:5) AM CERTIFICATE OF SERVICE I, Dino A. Ross, hereby certify that I have this 18th day of July, 2001, served a true and correct copy of the foregoing Praecipe For Rule To File Complaint via First Class Mail, postage pre-paid addressed as follows: Leah B. Graff, Esquire Two West Market Street P. O. Box 952 York, PA 17405 Richard Dilworth 2809 Christy Drive Westminster, MD 21157 Ruan Leasing Co. 300 Riverchase Parkway Birmingham, AL 35244 ~~ ~~ Dino A. Ross -2- SHERIFF'S RETURN - U.S. CERTIFIED MAIL ' CASE N0: 2001-04122 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORRIS VICTORIA VS. DILWORTH RICHARD ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,DILWORTH RICHARD by United States Certified Mail postage prepaid, on the 5th day of July ,2001 at 0000:00 HOURS, at 2809 CHRISTY-DRIVE WESTMINSTER. MD 21157 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by C. DILWORTH 07/07/2001 . Additional Comments: on Sheriff's Costs: Docketing 18.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 nn J 1 . J J Paid by DALE E ANSTINE Sworn and subscri d to before me this a3,t.( day of ~A.D. ~q, a4~ ~~ r thonotary ~ So answers: _ ~~~~ . Thomas Kline Sheriff of Cumberland County on 07/17/2001 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-04122 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORRIS VICTORIA VS. DILWORTH RICHARD ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,NASH FINCH CO by United States Certified Mail postage prepaid, on the 5th day of July ,2001 at 0000:00 HOURS, at P O BOX 355 MINNEAPOLIS, MD 55440 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE on 07/0.9/2001 . Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 nn ~...~ Paid by DALE E ANSTINE Sworn and subscr' d to before me this ,~3M day of , ~ ~~i (.G.. Y(~LceGt/ ~5' ~tkfonotary ' So answer ,,..-- R. Thomas Kline Sheriff of Cumberland County on 07/17/2001 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-04122 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORRIS VICTORIA VS. DILWORTH 12ICHARD ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,RUAN LEASING CO by United States Certified Mail postage prepaid, pn the 5th day of July ,2001 at 0000:00 HOURS, at 300 RIVERCHASE PARKWAY BIRMINGHAM, AL 35244 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 07/10/2001 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Cert Mail 3.95 Affidavit .00 Surcharge 10.00 nn 1l /-~ Paid by DALE E ANSTINE Sworn and subscrib d to before me this a32~day of ~An.D, n P~~ionotary ,/",. S,~r R. Thomas Kline Sheriff of Cumberland County on 07/17/2001 Item 4 if Restricted Delive Is desired. n e ' ~ ~~ he vl A. Received by (Please /eanhd ~ ,gap.,f~eifver U LUU ^ P nt you name and address on t re erse so that we can return the card to ou. c. Signature ^ Attach this cartl to the back of the mailpiece, X O Agent or on the front if space permits. ^ Addressee 1. Article Addressed to: D. Is del ¢. m rtem 17 ^ Yes Nash Finch Co. If YE , ter deli R very address below: ^ Nc i~ Box 355 Minneapolis, MID 55440 Y~j`Service Type i ~ Certfed Mail ^ Express MaN ^ Registered ^ Return Receipt for Merchandise ' ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Exaa Feel ^ Yes 2. Artcie.Vumber (Co from servjpe label 7i19~i ~~~(~Q~@9,i157~t3t120 _ - ' O1-4122 civil PS Form 3811, July 1999 Domestic Re[um Receipt 102595-OO~M-0052 ^ Complete items 1, P, and 3: Also complete item 4 if Restricted Delivery is desired. - ^ Print your name and address on the reverse ~~-' so that we can return the card to yoU. - ^ Attach this card to the back of the mailpiece, -ex on the front if space permits. 1. Article Addressed to: Richard Dilworth 2809 Christy Dr. Westminster, MD 21157 B. X/"~ .(~ ~ _ ,/~ ^Agent D, Is delivery address different from item 1? ^ Yes ~, If YES, enter delivery adtlress below: ^ No 3. Service Type X:~7 Certified Mail ^ Express Mafl ^ Registered ^ Return Recelpt for Merohandise ^ Insured Mail ^ C.O.D. 4. Restiuted Delivery? fFxna Fee) ^ Yes 2. Article•Number~(CpQX from service label) 7099 '322`d `00'09 ` 1573' 3613 01-4122 civil PS Form 3811, July 1999 Domestic Return Reca(pt 702595~OO~M~0952 ^ Comp'lete items 1, 2, and 3. Alsb complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Ruan Leasing Co. 300 Riverchase Parkway Birmingh~n, AL 35244 A. Received by (Please Pnnt Clearly) 19„~ate qfI C. Signature X ~ . ~~nent e Addressee D. Is deliv address different fin item 17 D Yes If YES, enter delivery atltlress below: Q No 3. Service Type ~ Certified Mail ^ 6cpress Mail ^ Registered ^ Return Receipt for Merchantlise ^ Insured Mail ^ C.O.D. 4. Restdcted Delivery? (Extra Fee) ^ yes 2. Article Number (Copy from sernce, labep. -. ~ - 7b82~0"b009 ?1573 3037 '-• 01.4122 caul PS Form 3811, Juy 1999 Domestic Re[um Receipt ta2sas-ao-rn~oss2 ~-- VICTORIA MORRIS V. RICHARD DILWORTH, NASH FINCH CO., AND RUAN LEASING CO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 01-4122 CIVIL TERM NRY TRIAL DEMANDED PRAECIPE .a E~ANBT~NH. P. G. YaeevP rote eenn5~>nos TO THE PROTHONOTARY, STACIA N. GATES: Please re-issue the Writ of Summons in the above-captioned action. Respectfully submitted, Dated: 07!31/01 ~.~~,(,~y„tQ Leah B. Graff, Esquire Attorney I.D. No. 29176 Attorney for Plaintiff y ., ~; ~_, _ _ w p4'~dldxe~.Qd"3.M~u`4+2+1fe YS9~~SEM1'41YY I l 1.;: (~} ' ~ [~ ~ I? ~ i y ~( +.::~~ L l t G.~~ ~ _ -n ~~'~-... ZI"' ~,~" F YV -.i C.? ~C_. ,,, - ~. J ~ ~~~' ~ '~' ` ~(=7 ' `? ti ` <i ~ Cl ~ aY ~~ ~~ ~ .. :.. VICTORIA MORRIS , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. RICHARD DILWORTH, NASH FINCH NO. 01-4122 CO., and RUAN LEASING CO., Defendants CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant Richard Dilworth in the above-captioned matter. Respectfully submitted, FARRELL//& RICCI, P.C. Marc T. Levin Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 p~ Attorney for Defendant Richard Dilworth Date: 0 7 , 2001 ~- CERTIFICATE OF SERVICE "i . AND NOW, this ? day of August, 2001, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT RICHARD DILWORTH upon counsel for Plaintiff by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Leah Graff, Esquire PO Box 952 York, PA 17405 Attorney for Plaintiff //~~~~ ~ Marc T. Levin C ~' t_~ "i ~itTl .`.7i :r7 __- ~ ^ vi C3? ~ '~- r ~:', - .3 - 5 ~ -, ~ ~-' Ci ~ ~~ C7 - yam` _~ ~;T '' { ~ -< cn VICTORIA MORRIS , Plaintiff v. l •i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA RICHARD DILWORTH, NASH FINCH NO. 01-4122 CO., and RUAN LEASING CO., Defendants CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant Nash Finch Co. in the above-captioned matter. Respectfully submitted, FARRELL & RICCI, P.C. Marc T. Levin Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendant Nash Finch Co. Date: ~ 7 , 2001 r 5 - , Jr CERTIFICATE OF SERVICE ~, AND NOW, this ~ day of August, 2001, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT NASH FINCH COMPANY upon counsel for Plaintiff by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Leah Graff, Esquire PO Box 952 York, PA 17405 Attorney for Plaintiff ~t~` c Marc T. Levin 7 © T~ rnr> - , c r ~- -<' cb j ~C'_ U ~,_. -i_i 1~' ~ .. 'm LJ ": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA L. MORRIS Plaintiff v. RICHARD DILWORTH, NASH FINCH COMPANY, and RUAN LEASING COMPANY Defendants NO: 01-4122 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HALE I:.VANdTINE. B. C. lW0 WEST MAANET STREET POST OFFICG BOX 952 Yovq Psaaeivwiw .R90& (s i 2l eae"o5as CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA L. MORRIS Plaintiff NO: 01-4122 v. RICHARD DILWORTH, NASH FINCH COMPANY, and RUAN LEASING COMPANY Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED AVISO LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecba en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra quej a o compensation reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIItECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION ', Lawyer Referral Service DALE E ryAN6TINE. P. Cn [l y.. lW0 WEST MARMET STREGT TwO LlberCy JLLeP.t row, Pew n:~ ~aos Carlisle, Pennsylvania 17013 °°' a `°~°~ ~ (717) 249 - 3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VICTORIA L. MORRIS Plaintiff v. RICHARD DILWORTH, NASH FINCH COMPANY, and RUAN LEASING COMPANY Defendants NO: 01-4122 CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff Victoria L. Morris is an adult individual residing at P. O. Box 7767, Sun City, Florida 33586-7767. 2. Defendant Richard Dilworth is an adult individual residing at 2809 Christy Drive, Westminster, MD 21157. 3. Defendant Ruan Leasing Company is a business entity with an address for service of 300 Riverchase Parkway, Birmingham, AL 35244. 4. Defendant Nash Finch Company is a business entity with an address for service of P. O. Box 355, Minneapolis, MN 55440. 5. On July 7, 1999, Plaintiff was the owner and operator of a 1992 Chevrolet Safari bearing PA registration plate BPF-9921. 6. On July 7, 1999, Defendant Dilworth was the operator of a 1996 Volvo tractor uw orri<ss or DALE r.. ANBTINE. P• G ET STFEEI POST OFMICEX6oX 952 Yoss. Paxxanve~ne ~~uJs trailer which was owned by and used with the permission of Defendant Ruan Leasing Company. 7. At all times relevant hereto, Defendant Dilworth was acting within the course and scope of his employment for Defendant Nash Finch Company, or in the alternative, within the course and scope of his employment for Defendant Ruan Leasing Company. 8. On July 7, 1999 at approximately 7:30 a.m., Plaintiff was operating her vehicle northbound on State Route 83 in the right hand lane approximately two miles south of Harrisburg City and had slowed for traffic slowing in front of her. 9. At that same time and place, Defendant Dilworth was operating his vehicle directly behind the Plaintiff s vehicle when he failed to stop before striking the rear of Plaintiff s vehicle causing a collision which resulted in injuries and damages to the Plaintiff. 10. This accident occurred as a result of the negligence of the Defendants and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 11. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNTI VICTORIA L. MORRIS v. RICHARD DILWORTH 12. The allegations contained in paragraphs 1 through 11, inclusive, are incorporated +i herein as fully as though set forth at length. " 13 The negligence of Defendant Dilworth consisted of the followin : n..~ E: aHaz:~E, r. a . g Pos r o <E"aax s~~" . i r Y°~ Pawn°~ °°°° 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.C.S.§3714; d. Operating his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361; e. Following too closely to Plaintiffs vehicle in violation of Pa.C.S.§3310; 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.C.S.§3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiffs vehicle when the Defendant knew or should have known of the presence of Plaintiff s vehicle. 14. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to lumbar disc injury, cervical strain sprain, myofasciitis, low back pain, headaches, left hip pain, and severe shock to her nerves and nervous system. 15. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, the cost or reasonable value of which is, or maybe, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility law, and she will continue to incur medical expenses in the future. FF DES of DALE E.VAN6TINE~ B. G ~~. 16. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may Yo~O Pax slnveaxis IJ405 1>i>1 a5asos suffer, a severe loss of her earnings and impairment of her earnings 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 future. 17. 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 her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II VICTORIA L. MORRIS v. NASH FINCH COMPANY 18. The allegations contained in paragraphs 1 through 17, inclusive, are incorporated herein as fully as though set forth at length. 19. Plaintiff believes, and therefore avers, that at the time of the accident Defendant Dilworth ' ' ~'~'as acting in the course and scope of his employment with Defendant Nash Finch Company ~, aN®z=HE, r. a DALE E: , EE. ~E~ao: s= F ~ = Pos; oF Y~~• Pew°n°^n°- °°°° ' under the control of Defendant Nash Finch Company, and in furtherance of the business affairs of Defendant Nash Finch Company. 20. Defendant Nash Finch Company is vicariously liable for the negligence of its employee, Defendant Dilworth. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT III VICTORIA L. MORRIS v. RUAN LEASING COMPANY 21. The allegations contained in paragraphs 1 through 20, inclusive, are incorporated herein as fully as though set forth at length. 22. In the alternative, Plaintiff believes and therefore avers, that at the time of the accident, pefendant Dilworth was acting in the course and scope of his employment with Defendant Ruan Leasing Company, under the control of Defendant Ruan Leasing Company, and in furtherance of the business affairs of Defendant Ruan Leasing Company. 23. Defendant Ruan Leasing Company is vicariously liable for the negligence of its employee, Defendant Dilworth. aw oFF~~ES of DALE r'.. ANBTINE. P. C. TVO wESi maFKEi siREET Yoaa, Pawaanvvms vans WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Le B. Graff, Es ' Attorney I.D. #29176 Two West Market Street P.O. BOX 952. York, Pennsylvania 17405 (717) 846 - 0606 DALE F..yAN6TINE. P. C.' WEST MggNET STREET Yoaa~ PamOan vvns ~co6 ' Leah B. Graff, Esquire, hereby states that she is the attorney for the in this action and verifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information, and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. This Verificafion is being utilized because the Plaintiff may not be able to verify the FF ~E= of DALE E. e1NBTIa~`E, P• G TVO WEET MAFNET ETFEET I Yass~ Pamaesc vcmw ~~nJ6 (ail ae aaaaa herewith Complaint within the twenty-day period to file the herewith Complaint based on a Rule entered by the Cumberland County Prothonotary. The Verification of the Plaintiff will be substituted for the herewith Verification as soon as possible. Date: b'-~-Gl ~ ~~ Leah B. Graff, Esq ' e Attorney LD. No. 29176 Attorney for Plaintiff I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint was sent by First Class United States Mail to counsel for Defendants on the below date at the following address: Dino A. Ross, Esquire Reed Smith, LLP 213 Market Street, 9t~ Floor P.O. Box 11844 Harrisburg, PA 17108-1844 Marc T. Levin, Esquire Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 Date: g'9~ ~ ( 1~So~.~J ~, ~!/~/ Le-ah~.~Graff, Esgw~ ~ Attorney ID No. 29176 Attorney for the Plaintiff DALE F..yAN6TIFEr P. C. Yoae. Pamavmvemw 1]x06 ~i T v7 VJ 1'' - l;Y ~i _' \' , __ ` - '` t,R __ VICTORIA MORRIS , Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA RICHARD DILWORTH, NASH FINCH NO. 01-4122 CO., and RUAN LEASING CO., Defendants CIVIL ACTION -LAW ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant Ruan Leasing Co. in the above-captioned matter. Date: ~, 2001 Respectfully submitted, FARRELL & RICCI, P.C. G~~' (~ Marc T. Levin Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Attorney for Defendant Ruan Leasing Co. ,~ CERTIFICATE OF SERVICE iz AND NOW, this ~ day of August, 2001, I, Marc T. Levin, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE ON BEHALF OF DEFENDANT RUAN LEASING CO. upon counsel for Plaintiff by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Leah Graff, Esquire PO Box 952 York, PA 17405 Attorney for Plaintiff l~~ ~F 1 ~ Marc T. e 'n :_ = v ,~ rrin~ 1 ~_ rv v~ _; .~ -. __ - !-_r' 1:: ~-' C_ ' "~,.^i ` < ~ a VICTORIA MORRIS , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. RICHARD DILWORTH, NASH FINCH NO. 01-4122 CO., and RUAN LEASING CO., Defendants CIVIL ACTION -LAW STIPULATION AND NOW comes Plaintiff, Victoria Morris, by and through her counsel, Dale E. Anstine, P.C., by Leah B. Graff, Esquire, and Defendants, Richard Dilworth, Nash Finch Co., and Ruan Leasing Co., by and through their counsel, Farrell & Ricci, P.C., by Marc T. Levin, Esquire and hereby stipulate and agree as follows: 1. Paragraph 17 of Plaintiffs Complaint shall be amended to read `:4s a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great physical pain and suffering, humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment." 2. Plaintiff hereby stipulates that she is not asserting a claim for intentional infliction of emotional distress and/or negligent infliction of emotional distress and further stipulates that she will not attempt to assert such claims in the future with regard to the above-captioned matter. r 3. Defendants hereby agree to file an Answer With New Matter to the Plaintiffs Complaint, as amended by this Stipulation, within twenty (20) days of the filing of the instant Stipulation. Respectfully submitted, FARRELL & RICCI, P. ~~ By Marc T. Levin, Esquire Attorney I.D. #70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants Date: ~ ~ ! o / DALE E. ANSTINE, P.C. By Leah B. Graff, Esquire ' Attorney I.D. #29176 Two West Market Street York, PA 17405 (717) 846-0606 Counsel for Plaintiffs Date: .C I.[~.,~~~~ 2 3 { _ ~ CERTIFICATE OF SERVICE AND NOW, this 1st day of October, 2001, I, Marc T. Levin, Esquire, hereby certify that I served a true and correct copy of the Stipulation on all parties by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Leah Graff, Esquire Two West Market Street PO Box 952 York, PA 17405 FARRELL & RICCI, w~ 1 / ,L ~ _ ... _~ Marc T. Levin, Esquire ID #: 70294 4423 North Front Street Harrisburg, PA 17110 (717)230-9201 Attorney for Defendant a.:, ~° ~ ;_~ _., -~. ' ,-~ f t7[r~ ~ ..y - J`:C S,C ~ ~ -- 5'~_ r i.. is . .,, ~ ~ ~ . ~.~ .. -i < o - (Ji -i VICTORIA L. MORRIS, Plaintiff v. RICHARD DILWORTH, NASH FINCH COMPANY, and RUAN LEASING COMPANY, Defendants TO: Victoria L. Morris, Plaintiff c/o Leah Graff, Esquire Two West Market Street PO Box 952 York, PA 17405 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-4122 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER OF DEFENDANTS RICHARD DILWORTH, NASH FINCH COMPANY, AND RUAN LEASING COMPANY TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Date: October 19, 2001 FARRELL & RICCI, P.C / i~~Ci I ~ ~ Marc T. Levin, Esquire Attorney I.D. No. 70294 4423 North Front Street Harrisburg, PA 17110 Attorney for Defendants VICTORIA L. MORRIS, Plaintiff v. RICHARD DILWORTH, NASH FINCH COMPANY, and RUAN LEASING COMPANY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-4122 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS RICHARD DILWORTH. NASH FINCH COMPANY. AND RUAN LEASING COMPANY TO PLAINTIFF'S COMPLAINT AND NOW COMES Defendants, Richard Dilworth, Nash Finch Company, and Ruan Leasing Company, by and through their counsel, Farrell & Ricci, P.C. by Marc T. Levin, Esquire and replies to the Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants Richard Dilworth, Nash Finch Company, and Ruan Leasing Company are without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 1 of the Complaint and such allegations are therefore deemed denied and proof thereof is demanded at the time of trial if deemed material. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, Defendants Richard Dilworth, Nash Finch Company, and Ruan Leasing Company are without knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 5 of the Complaint and such allegations are therefore deemed denied and proof thereof is demanded at the time of trial if deemed material. 6. Admitted in part. Denied in part. It is admitted that on said date, Defendant Dilworth was the operator of a 1996 Volvo tractor-trailer. It is denied that said tractor-trailer was owned by and used with the permission of Defendant Ruan Leasing Company since after reasonable investigation, the Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial if deemed material. 7. Denied. It is believed and therefore averred that Defendant Dilworth was employed by Single Source Transportation. 8. Denied. The averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 9. Denied. To the extent this Paragraph is an averment of proximate causation, it is a conclusion of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof demanded at time of trial if deemed material. By way of further answer, to the extent this Paragraph is an averment of Plaintiff's alleged damages, it is denied since after reasonable investigation the Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial if deemed material. By way of further answer, the averments contained in this Paragraph are denied in conformity with Pa.R.C.P. 1029(e). 2 10. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative response is required. 11. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative response is required. COUNTI VICTORIA L. MORRIS V. RICHARD DILWORTH 12. Answering Defendants hereby incorporate by reference their responses to Paragraphs 1 through 11 of the Plaintiffs Complaint as if more fully set forth herein at length. 13. Denied. It is specifically and unequivocally denied that the subject accident and all of the injuries and damages alleged by Plaintiff were due to any negligence on behalf of Defendant Dilworth. Defendant Dilworth more specifically denies that: a. It is specifically and unequivocally denied that Defendant Dilworth "failed to properly operate and control his motor vehicle." To the contrary, Defendant Dilworth had his vehicle under sufficient control so as to be able to stop within an assured clear distance ahead. b. It is specifically and unequivocally denied that Defendant Dilworth "failed to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways." To the contrary, Defendant Dilworth kept alert and maintained a proper watch for the presence of other motor vehicles on the roadway. c. It is specifically and unequivocally denied that Defendant Dilworth "operated his vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. §3714:' To the contrary, Defendant Dilworth operated his vehicle with regard to the safety of all others on the roadway and in full compliance with the Motor Vehicle Code of the Commonwealth of Pennsylvania. d. It is specifically and unequivocally denied that Defendant Dilworth "operated his vehicle too fast for the conditions then and there existing, in violation of 75 Pa.C.S. §3361." To the contrary, Defendant Dilworth operated his vehicle within a safe speed for the conditions then and there existing and in full compliance with the Motor Vehicle Code of the Commonwealth of Pennsylvania. e. It is specifically and unequivocally denied that Defendant Dilworth "followed too closely to Plaintiff's vehicle in violation of 75 Pa. C.S. §3310." To the contrary, Defendant Dilworth operated his vehicle at a safe distance from other vehicles traveling on the roadway and in full compliance with the Motor Vehicle Code of the Commonwealth of Pennsylvania. f. It is specifically and unequivocally denied that Defendant Dilworth "failed to stop or take other evasive action before striking the rear of Plaintiff's vehicle." To the contrary, Defendant Dilworth applied his brakes at the earliest opportunity to do so. g. It is specifically and unequivocally denied that Defendant Dilworth "failed to stop his vehicle within the assured clear distance ahead in violation of 75 Pa.C.S. §3361:' To the contrary, Defendant Dilworth applied his brakes to stop at the earliest opportunity to do so and in full compliance with the Motor Vehicle Code of the Commonwealth of Pennsylvania. h. It is specifically and unequivocally denied that Defendant Dilworth "failed to exercise reasonable care to avoid striking the rear of Plaintiff's vehicle when Defendant knew or should have known of the presence of Plaintiff s vehicle." To the contrary, Defendant Dilworth exercised reasonable care to avoid striking any vehicle he knew or should have known the presence of. 14-17. Denied. To the extent Paragraphs 14 through 17 are averments of proximate causation, they are conclusions of law to which no affirmative response is required. To the extent an affirmative response may be required, said averments are specifically and unequivocally denied and strict proof thereof demanded at the time of trial if deemed material. By way of further answer, to the extent Paragraphs 14 through 17 are averments of Plaintiff's alleged damages, it is denied since after reasonable investigation 4 the Answering Defendants are without information sufficient to admit or deny the truth or falsity of the said averments and accordingly deny the same and demand strict proof thereof at the time of trial if deemed material. WHEREFORE, Defendants Richard Dilworth, Nash Finch Company and Ruan Leasing Company respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff, Victoria, L. Morris. COUNT II VICTORIA L. MORRIS V. NASH FINCH COMPNAY 18. Answering Defendants hereby incorporate by reference their responses to Paragraphs 1 through 17 of the Plaintiff's Complaint as if more fully set forth herein at length. 19. Denied. It is believed and therefore averred that Defendant Dilworth was employed by Single Source Transportation. 20. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative response is required. WHEREFORE, Defendant Nash Finch Company respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Victoria L. Morris. COUNT III VICTORIA L. MORRIS V. RUAN LEASING COMPANY 21. Answering Defendants hereby incorporate by reference their responses to Paragraphs 1 through 20 of the Plaintiff's Complaint as if more fully set forth herein at length. 5 22. Denied. It is believed and therefore averred that Defendant Dilworth was employed by Single Source Transportation. 23. Denied. The averments contained in this Paragraph are conclusions of law to which no affirmative response is required. WHEREFORE, Defendant Ruan Leasing Company respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff, Victoria L. Morris. NEW MATTER 24. Answering Defendants, Richard Dilworth, Nash Finch Company and Ruan Leasing Company, incorporate by reference their responses to Paragraphs 1 through 23 of the Complaint as if more fully set forth herein at length. 25. Plaintiff s claim may be barred by the statute of limitations. 26. Plaintiff has failed to state a cause of action upon which relief can be granted against Defendants Richard Dilworth, Nash Finch Company, and Ruan Leasing Company. 27. Plaintiff s claims are barred and/or limited by the Pennsylvania Motor Vehicle Financial Responsibility Law. 28. The claims of Plaintiff for the recovery of medical expenses and/or income are barred and/or limited by Section 1722 of the Pennsylvania Motor Vehicle Responsibility Law. 29. In the alternative, Defendants are entitled to a setoff for any monies paid or payable to the Plaintiff for medical expenses and/or income loss by reason of the aforesaid Pennsylvania Motor Vehicle Responsibility Law. 6 30. Plaintiff s harm, if any, was caused or contributed to directly, proximately and/or substantially by the careless, negligent and/or reckless conduct of the Plaintiff, Victoria L. Morris, and therefore, Plaintiff's claim is barred in whole or in part by the Pennsylvania Comparative Negligence Act. 31. The aforesaid careless, negligent or reckless conduct of Plaintiff, Victoria L. Morris, consisted of the following: a. Failing to operate her motor vehicle under control and in a safe and proper manner; b. Failing to keep a careful and diligent watch on the roadway; c. Operating the vehicle in a careless and reckless disregard for the rights and safety of others; d. Failing to keep a proper lookout for other vehicles; e. Failing to maintain an assured clear distance between her vehicle and vehicles in the vicinity of her vehicle; f. Failing to operate her vehicle at a speed which was reasonable and prudent given the prevailing conditions and potential hazards; g. Operating her vehicle in violation of 75 Pa. C.S.A. §3361; and h. Operating her vehicle in violation of 75 Pa. C.S.A. §3310. 32. Plaintiff has failed to mitigate her damages. 33. At all times material hereto, Defendant Dilworth, operated the subject vehicle in a safe and appropriate manner and in conformity with the laws regarding the operation of a motor vehicle. 7 34. Plaintiff s harm, if any, was caused or contributed directly, proximately and/or substantially by the careless, negligent and/or reckless conduct of others, over whom Answering Defendants have no control. WHEREFORE, Defendants Richard Dilworth, Nash Finch Company and Ruan Leasing Company respectfully request this Honorable Court to enter judgment in their favor and against Plaintiff and that they be awarded appropriate costs and fees. Respectfully submitted, Dated: ~~ ~ ~` FARRELL & RICCI, P.G. ~ _ Marc T. Levin, ~ squire Attorney ID: 70294 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Defendants Richard Dilworth, Nash Finch Company and Ruan Leasing Company VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c) Marc T. Levin, Esquire states that he is the attorney for the party filing the foregoing Answer and New Matter of Defendants Richard Dilworth, Nash Finch Company, and Ruan Leasing Company to Plaintiff s Complaint; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. DATE: October 19, 2001 G~%~' (G~.,~ \ Marc T. Levin, Esquire CERTIFICATE OF SERVICE AND NOW, this 19th day of October, 2001, I, Marc T. Levin, Esquire, hereby certify that I served a true and correct copy of the Answer with New Matter of Defendants Richard Dilworth, Nash Finch Company, and Ruan Leasing Company to Plaintiff's Complaint on all parties by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Leah Graff, Esquire Two West Market Street PO Box 952 York, PA 17405 FARRELL & RICCI, P.C. ! L%~6~ ~ Marc T. Levin, E quire ID #: 70294 4423 North Front Street Harrisburg, PA 17110 (717)230-9201 Attorney for Defendant %-~ ^, _' r-, `r: ,' _~ - ~''?' ^a rte; = 7 `~ ~^ - ~,1~ ~ ALT rim Q ~~r~ ~~ :V J ..~ VICTORIA MORRIS V. RICHARD DILWOR`TH, NASH FINCH CO., AND RUAN LEASING CO. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CNIL ACTION -LAW NO. 01-4122 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW FATTER AND NOW, comes Plaintiff, by and through her counsel, who replies to Defendants' New Matter as follows: 24. No response required. 2534. Denied as conclusions of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. Respectfully submitted, .E E• AN®T1NN. P. C. Leah B. Graff, Esquire Attorney I.D. No. 29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717)846-0606 Attomey for Plaintiff ... y VERIFICATION Leah B. Graff, Esquire, hereby states that she is the attorney for the Plaintiff in this acfion DALH E•AxdTixx, P. C. and verifies that the statements made in the foregoing Plaintiff s Reply to Defendant's New Matter are true and correct to the best of her lrnowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of i8 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /0 ~,S-r~/ Q_ Leah B. Graff, Esquire Attomey I.D. No. 29176 Attorney for Plaintiff ~I ~ -~ - t CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiffls Reply to Defendant's New Matter was sent by First Class United States Mail to counsel for Defendant on the below date at the following address: Marc T. Levin, Esquire Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 DALE E•AN6T]NH. P. C. Yoea. P' ai e e eae ~.aos it Date: /0 ~5-01 Leahy B Graff, Esquire. Attorney ID No. 29176 Attorney for the Plaintiff J ~-, c~ r-, <i --- r, ~l~t~ 4~ - i- a- ~ ., _ , , - ~~ < r:= ~: t~ ? „~~ -gin 7~ ~_ 7 - y _ i .:~ CV °t VICTORIA MORRIS V. RICHARD DILWORTH, NASH FINCH CO., AND RUAN LEASING CO. ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO.01-4122 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO RE1vIOV~ DAL& E•ANdT]NH. P. O. 4oeaoPen•ncc eo+e5~~m5 To The Prothonotary: (X) Please mark the above captioned action settled and satisfied. PLEASE ISSUE A CERTIFICATE OF DISCONTINUANCE. Date:~Ck~- LAW OFFICES OF DALE E. ANSTIIVE, P.C. Respectfully Submitted: ~~~ . Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 Ycrk, PA 17405 (717) 846 - 0606 - Attorney for the Plaintiff -. ~~ <-: n., ~~ -- ~' ~~ ., ~ r~ % -- --~ - ' <;:~ 'r _~.: ;,_, tS: ;~: rn -~: + r =_ i. a-~ { -' c.. V~ `~? tr, r'