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HomeMy WebLinkAbout99-02735 ." ..~ ~" "t .., ~: \.:, .e':j .'P ~'.'}. .~,,) -' _.,; , .. .0: .0:) , .. .:. '" \" "C)' "'- ' ~j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION -LAW SANDRA DIETER, Plaintiff vs. No. BILL FOSTER, JOHN A. CORNEL Y, Individually, and JOHN A. CORNELL Y t/d/b/a MARYLAND MUSTANG, INC. and MARYLAND MUSTANG, iNC. Defendants NOTICE TO PLEAD TO: Bill Foster, John A. Comely, Individually and John A. Comely tld/b/a Maryland Mustang and Maryland Mustang, Inc. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN COMPLAINT WITHIN TWENTY (20) DAYS OF SERVICE UPON YOU OR A DEFAULT JUDGMENT MAYBE ENTERED AGAINST YOU. NIKOLAUS & HOHENADEL Date: 6,<-1<(,:7'1j /"'j -- BY:"--~ Jetlh!y Alan Mills, Esquire A6d'rney J.D, #47136 Attorney for Plaintiff 212 North Queen Street Lancastcr.I'A 17603 (7] 7) 299.3726 5. One ofthc Dcfcndants is John A. Comcly, an adult individual t/dIb/a Maryland Mustang, Inc. who cmployed Bill Foster and rcsidcs at 2749 Poplar Lane, Annapolis Md 21401 or 1700 Millersvillc Road, Millersvillc, Maryland 21180, hereinafter referred to as "Defendant Comcly". 6. Or. June 6, 1997, the Plaintiff was a participant in the "Ford Nationals" car show located in thc car corral at thc Carlislc Fairground, Cumberland County, Carlisle, Pennsylvania. 7. At the said time and placc Bill Foster was the opcrator of a motor vchicle and trailer owned by Defendant Maryland Mustang, Inc and/or John A. Co melly, Individually and/or John A. Comely t/d/b/a Maryland Mustang, Inc., and was operating the said vehicle and trailer in the car corral. 8. At the said time and place the Plaintiff had a car on display at the car show and was sitting beside the car in a "director" type chair. The Plaintiff's car was the last car in this particular Ianc of cars. 9. At the time and place of the accident, Defcndant Fostcr causcd the vehiclc and trailer he was operating to ~1rikc the Plaintiffs parked car which in turn struck the Plaintiff in the back, causing Plaintiff to be thrown to thc ground. 10. As a rcsult of the collision the Plaintiff sustained numerous injuries including, but not limited to, pain and swelling of the Jell anklc. back pain. neck pain and constant headaches, injuries to the right and lell uppcr extremitics. for all of which damages arc claimed. I I. As a further rcsult ofthc ~id collision. the Plaintifl' has sustained grcat pain. suffering. inconwnicncc lInd loss of life's plc<lsurcs <Ind has becn advised and thercforc awrs . VERI FICA TION I, Sandra Dieter, have read the foregoing and hereby affinn that it is true and correct (0 the best of my personal knowledge, infonnation and belief. ] acknowledge that, had I knowingly made false statements in the foregoing Complaint, I would be subject to the penalties of a misdemeanor of the third class pursuant to 18 Pa, C.S.A 4909 regarding unswom falsification to authorities_ /' , I ~t/ItL ~V~-' Sandra Dieter , . -&~~\'I~;{'REi'NSTA~~i39.. .......s;~t..<..a...~~v,.~,;. .................... PROTHONOTARY ..a~,.:*.....;;'9..............., 19?7.: ~ ' ~~~~N.:.~.~.~~ ~~~PROTHONOTARY ..g,i0p~i'N~'~EiNSTA~:' ... ..:-:-~. .',1 .'.~..':;.., >~.~.0...- AfY" r- .........,........ ........~11.... PROTHONOTARY 0 .;:". n ('... ut " ~ .~' i: , , " tt!' ..:. .:~ l' " .'. ~ 7> .f: . I .:~ ~) l:\:- 2" " it. l..' .-, .' .:' :,J: ~ <Jl r~~L.: ' '. " .0 '; - 8 ~ fO .-:.';C.l .;;'~; ) ---c, ;.~~ ,1 (oJ 0() -B ;.:, ~.~ ~~! ~ :'C) - 'n ,-,;} .... '0 :< (l ..c.. 1- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W SANDRA DIETER, Plaintiff vs. BILL FOSTER, JOHN A. CORNEL Y, Individually, and JOHN A. CORNEL Y t/dlb/a MARYLAND MUSTANG, INC., and MARYLAND MUSTANG, INC., Defendants No. 99-2735 Civil Term CERTIFICATE OF SERVICE I hereby certifY that a true and correct copy ofthc forcgoing Complaint was served upon John A. Comely, Individually via personal servicc by a Constable at 1700 Millersvillc Road, Millersville, Maryland 21180. CA truc and correct copy of the Affidavit of Service is hereto attached as Exhibit "A"). I hereby certifY that a truc and correct copy of thc foregoing Complaint was scrved upon John A. Comely t/dlb/a Maryland Mustang, Inc. via personal service by a Constable at 1700 Millersville Road, Millersville, Maryland 21180. CA true and corrcct copy of the Affidavit of Scrvice is hercto attached as Exhibit "B"), I hcreby certifY that Plaintiff attempted to serve Dcfcndant Bill Foster, with a true and corrcct copy of the foregoing Complaint, howcver thc corrcct Defendant could not be located. (A true and corrcct copy of the Allidavit of Service is hcreto attachcd as Exhibit "C"). Datc: z.. e, i'fi "'JIi 31lWI-;J\~ HOHENADE~ By: (_ Jcffrcy ..,Ian Jvlills. Esquirc Attornc~.D. #47] 36 Attorn y r Plaintiff 2]2 Non 1 Quccn Strcet Lancaster, PA 17603 (717) 299.3726 l Exhibit A ", ';"!I'(I(,~. .'''''.''''''''" 1('" ''''''.111' I}~ \~. . --- Exhibit B <: (~""'~ ":,' ,':'" ..;;:,,: :'<,,; ,', ,'-::~':'~<~;,~,::>,:',",':~::<;"~,.:,,',:~i.,:/:"> ::,:",r t ':"'I\~:'::')O::" 'r',;.:' ,:,:,/:'::: ,:',.::.,,:,,:,,', .." I:,: ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SANDRA DIETER, Plaintiff vs. No. 99.2735 Civil Term BILL FOSTER, JOHN A. CORNEL Y, Individually, and JOHN A. CORNEL Y tJd/b/a MARYLAND MUSTANG, lNG, and MARYLAND MUSTANG, INC., Defendants AFFIDAVIT OF SERVICE I, Paul K. Stetter, being duly sworn according to law, depose and say that on the 12th day of May, 1999, I personally served John A, Comely, tldlb/a Maryland Mustang, Inc. at 1700 Millersville Rd.. Millersville. M\lwith a copy of the Complaint issued in the above-captioned action. I verifY that the statements made in this Affidavit of Service are true and COlTect. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S,A. 4904 relating to unsworn falsification to authorities. Date: 05/12/99 - W\------/ Paul K. srene;:::::J >- C") b. g; ..:>' .-- f) N ~~ ~7 uZ r.: C'. ::1-: 3: ~f~ 0... ~~~ N ,:, -.-,., )- ''1',;.,.. ~5: I ci::: O:lt' :::l': l'.II).1 =, {no- 1'-: ., ::;: lL. Ct' ::J 0 0' U CERTIFICATE OF SERVICE I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class, at Harrisburg, Pennsylvania on the 1Slh day of May, 1999: Jeffrey Alan Mills, Esquire 2'12 North Queen Street Lancaster, PA 17603 :60328,1 By: THOMAS, THOMAS & HAFER, LLP /"---. John M. Popilock, Esquire Attorney 1.0, #72671 305 North Front Street P.O. Box 999 Harrisburg, PA 1710S (717) 255-7629 ',. (",I I, e.: i; : l ,~ ,~ C) I (:")1,. rO-,' a, 1::-,1 :c..I1 ~ . , LL ., , : '"- . I,' , , CI (., , \,j l.. ~ ~ I- ... ~ S ... CD ~ 0: 0 l- E '" .. .. I- .. ~ ~ ... z .. e a 0 K c,- 0: !l-. ... 0 0: '" .. ::> ~ . z 0 CD E I- '" 0: " it ..:: 0 ~ Z 0: .; .. " z ~ 0 e '" '" ~ 26. Dcnicd. Thc allcgations containcd in this paragraph ofthc Dcfcndant's Answcr with New Matter to Plaintiff's Complaint are dcnicd as conclusions of law to which no responsive pleading is requircd under the Pennsylvania Rulcs of Civil Procedurc. By way of furthcr response, to thc extent that any portions of this paragraph could be construed as factual in nature, said allegations are denied in that aftcr reasonable invcstigation, the Plaintiff is without sufficient knowledge or information as to the truth ofthc avennents. 27. Dcnied. The allegations contained in this paragraph of the Defendant's Answer with New Matter to Plaintiff s Complaint are denicd as conclusions of law to which no responsive pleading is required undcr the Pcnnsylvania Rules of Civil Procedurc. By way of further response, to thc cxtcnt that any portions of this paragraph could be construed as factual in nature, said allegations are denicd in that aftcr reasonable investigation, the Plaintiff is without sufficient knowledge or infom13tion as to thc truth of the avenncnts. 28. Denied. Thc allegations contained in this paragraph of the Dcfendant's Answer with New Matter to Plaintiffs Complaint arc dcnicd as conclusions oflaw to which no responsive pleading is rcquircd undcr the Pcnnsylvania Rules of Civil Proccdure. By way of furthcr rcsponsc, to thc cxtcnt that any portions of this paragraph could bc construcd as factual in nature, said allcgations arc denicd in that after rcasonable investigation. the Plaintiff is without sufficient knowledge or infomlation as to thc truth ofthc avcnnents. 29. Denied. TI1C allcgations contain cd in this paragraph ofthc Defcndant's Answer with Ncw Maltcr to Plaintiff's CO~lplaint arc denied as conclusions of law to which no responsivc pleading is rcquired under the Pennsylvania Rules of Civil Procedurc. By way of further response, to the cxtent that any portions of this paragraph could be construed as factual in . \ .' ..:1 , , :. ~~ <':1 '.' " ( , \ / . '~J . " ~.\.. \ (: , ) " i ~" C) SANDRA DIETER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 99.2735 Civil Term BILL FOSTER, JOHN A. CORNEL Y, Individually and JOHN A. CORNEL Y tld/b/a MARYLAND MUSTANG, INC. and MARYLAND MUSTANG. INC" Defendant CIVil ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Beniamin Warfel. Lancaster General Hospital_Health Carnpus, 2104 Harrisburo Pike. Lancaster. PA 17602 (Name of Person or Entity) Within t\,venty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all records, reports and diaclIlostic studies reoarding Sandra Dieter. Date of Birth: 09/01/62 at: Thomas. Thomas & Hafer. LLP. 305 N, Front SI.. P,O. Box 999, Harrisburo. PA 17108.0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena. together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advanee, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to eomply With it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John M. Popilock. Esquire ADDRESS: P,O, Box 999. Harrisburg. PA 17108.0999 TELEPHONE: (717) 255-,7629 SUPREME COURT 10#: 72671 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk. Civil Division Deputy ,.' ,"'t, .'l :">',, . ' :"': :j:'~',:':: ", " ,.:' ,,,"".:~'-;}~~\"~'?,:,~:~'~~,/~,i~.\,~},'::,,~>~~;;>-,~.~':::"'::i;:'i~.,~:-\,~.:...t:,"" "::,~,~ :"'''1''''':'' ~:' . '"~.:'; <\:":,' ~I.'.' ',,\' . - <I .. THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPH P. HAFER JAMES K. T110MAS, II ROBERTSON 8, TAYl.OR JEFFREY B. RETTIG PETER J, CURRY R, BURKE McLEMORE, JR, EOWARD Ii, JORDAN. JR. C, KENT PRICE RANDALLG, GALE DAVID L SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUL J. DELLASEGA T1MOTIlY I. MARK IMf'JIH J, c./\!.LAmllR ROlltRT ,\, TAHOlt SAR,\II w. AROS[U, [UGEl-/[ N. MdWGIl SnPII[N r:.. GEIlUl.I)I(j K,\R!:N S, rOAn,s GAR" T, I.^TlIIHlI' Tonn II. NARVOI. J,\M[S J. DonlHl KENNElIl A, R/\I'I' KI;VIN r. ~h'N^MARA Imom.:s Ie IOIANIl JOliN H.OUNLACI\IR JOUN M, "OI'II.orl\ MICIlII.t J 11l01tP 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX m HARRISBURG. PA 17108 (717) .:!J7.71011 FAX (717) ~37.71l15 WRITER'S DIRECT DIAL NUMBER OF COUNSEL JAMES K. TIiOMAS (717) 255-7629 JMP@tthlaw,com October 29,1999 Jeffrey Allan Mills, Esquire 212 North Queen Street - Lancaster, PA 17603 Re: Sandra Dieter v. Bill Foster, John A. Cornely, Individually and John A. Comely tJd/b/a Maryland Mustang, Inc. and Maryland Mustang, Inc. Dear Attorney Mills: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009,21 and copies of said subpoenas, regarding the above-referenced matter. Very truly yours, TH01....AS, THOMAS & HAFER, LLP JMP: scw Enclosures JOhn&~ , L(JlIGII "ALLEY UJ I'll I" I':: L MI\Kt\ET STRErT. 1'0 nn~ :: 7'~, !~H!H! !H',!. !'.\ !""J'. :.,l"~ '-j. II, I \ \, II, I HI ~ I," 1':1\.' , : ., / ?:,'. I';, ';' "' . ," '.." :", "l"'~ ,:;,':' .,' ::' \ '::' '~, '." .~;~ ,~~ " .':,,:'"'.,;' :~ '.,~ ~~<,~ ." : ~:," ,."'~ '<'.'~ r: '.~,> ~ .~, ~<': ~',;. 1\"'-::" _. I> ;:~ "',:"".' :.: "''.,' ':,1:,',' ,\: CERTIFICATE OF SERVICE I, JOHN M. POPILOCK, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Jeffrey Allan Mills, Esquire 212 North Queen Street Lancaster, PA 17603 THOMAS, THOMAS & HAFER, LLP Date: IO{1-q{qq ~~ JOHN M. P~ILOCK, ESQUIRE 'r"':""'~""':'('r~,:";:~':"~'~'..',I);::-'\~\"".,"" , ~,~" "" ." \, 1 "~I . " .: " ',~, 'L \,' , " ' \L, , , ,~ , ,', ~' , " " ':~, '.<'; ; " '.:' ~ ' :1'," j . .. ',: ~:' '< \, '::, , .' ,,' ~... ,",.:- \".' ., \~,' ',":" i1: e.;:J'" ...' t5 ~~~ rC) ..t-.,.. nG 6f) l.LJr';4 -..J ,.. ti: ~'.i ~-. \D "" M :r:: c.. "" E- o!: ~"),.,: 0... u::::' (1:::1 .,,' >- .:~~(! fT'::"':; [jJ"'- !;~~ ~; U , ~ , '.". , . '...,. .~", '.", ~- '. ~"., \ ....." " .... '. ..-...-'- -. " ~.~ M N ::>. CO ~ 0"1 0"1 L1. o SANDRA DIETER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 99-2735 Civil Term : CIVIL ACTION - LAW BILL FOSTER, JOHN A. CORNEL Y, Individually and JOHN A. CORNEL Y Vd/b/a MARYLAND MUSTANG, INC, and MARYLAND MUSTANG, INC., Defendants i"N~Wr;R;W1J!I.:,N.~LMA:rJ,I;R(Qf,DEJ:E:~D.ANI.C;JO!l~A;CqRNI::I;Yi'INPI\,(Il?!JAl-loY':l'Nl:1i 1a.,Q,I:!~:'A';:ge~NE:."IYit!w'!?l~~.M,~~~ND:fJIUSTA~c;JNq;'a.ndM"R~N[) 'fJIU~!~N~;(.~~;:~ ':i?:.,:,~(',.'.!,C:;>~i';i,,':':'.:.rO:~lAINTltF'SCPMPLAINT:< ,.. ')"':;,. ',.;;:>;1,\ Defendants, John A. Comely, individually and John A. Comely Vd/b/a Maryland Mustang, Inc. and Maryland Mustang, Inc., by and through counsel, Thomas, Thomas & Hafer, LLP and John M. Popilock, Esquire, hereby answer Plaintiffs Complaint as follows: 1. Denied. After a reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. 2. Admitted and denied. It is admitted that Defendant, Maryland Mustang, Inc., is a business corporation with a principle place of business at 1700 Millersville Road, Millersville, Maryland, 21180. It is specifically denied that Maryland Mustang, Inc. maintains a business address at 651 Rt. 3 North Millersville, Maryland, 21108. 3. Admitted that Defendant, Bill Foster, is an adult individual who was formerly employed by Defendant, Maryland Mustang. 4. Admitted and denied. Admitted that Defendant, John A. Comely, is an adult individual who employed Bill Foster at Maryland Mustang, Inc. and that he maintains his principle place of business at 1700 Millersville Road, Millersville, Maryland, 21180. It is specifically denied that Defendant, John A. Comely, resides at 2729 Poplar Lane, Annapolis, Maryland,21401. 5. Admitted and denied. Admitted that Defendant. John A. Cornell', is a 50% share owner of Maryland Mustang, Inc. who employed Bill Foster and maintains his principle place of business for Maryland Mustang, Inc. at 1700 Millersville Road, Millersville, Maryland, 21180. 6. Denied. After a reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 7. Admitted. 8. Denied. After a reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of these averments. 9. Admitted only that Defendant Foster caused the trailer being pulled by a vehicle he was operating to strike a parked car. The remaining averments of this paragraph are denied in that after a reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of these averments. Strict proof thereof is demanded at the time of trial. 10. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, to the extent that any portions of this paragraph could be construed as factual in nature, said allegations are denied in that after a reasonable investigation, Defendants are without sufficient knowledge or information as to the truth of these averments. 11. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, to the extent that any portions of this paragraph could be construed as factual in nature, said allegations are denied in that after a reasonable investigation, Defendants are without sufficient knowledge or information as to the truth of these averments. 12. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, to the extent that any portions of this paragraph could be construed as factual in nature, said allegations are denied in that after a reasonable investigation, Defendants are without sufficient knowledge or information as 10 the truth of these averments. 13. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, to the extent that any 2 portions of this paragraph could be construed as factual in nature, said ailegations are denied in that after a reasonable investigation, Defendants are without sufficient knowledge or information as to the truth of these averments. 14. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically averred that Plaintiff elected limit tort for her motor vehicle insurance which may bar or limit the types of damages compensable in this matter to the Plaintiff. 15. Admitted that at all times material to the cause of action herein, Bill Foster was the employee, agent or servant of Defendant, Maryland Mustang, Inc. and was acting while in the course and scope of that employment. 16. Admitted. 17. Denied. To the contrary, Defendant, Maryland Mustang is a properly licensed S Corporation in the state of Maryland. John A. Comely owns 50% of the shares of stock for Maryland Mustang, Inc. COUNT I Sandra Dieter v. Bill Foster Nealiaence 18. The averments set forth in paragraphs 1 through 17 above are incorporated by reference as if fully set forth herein. 19. Denied. The allegations contained in paragraph 19, including subparagraphs (a) through (I) of Plaintiffs Complaint, are denied as conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, at all times material hereto, Defendants, their employee5, agents and servants, acted in a reasonable and prudent manner under the circumstances. WHEREFORE, Defendants John A. Comely, individually and John A. Comely Vdfb/a Maryland Mustang, inc, and Maryland Mustang, Inc. respectfully request that judgment be entered in their favor and against Plaintiff. 3 COUNT II Sandra Dieter v. Maryland Mustang, Inc., John A. Cornely, Individually and John A. Cornely t1d/bla Maryland Mustang, Inc. Vlcarlow; L!ablllty 20. The avennents set forth in paragraphs 1 through 19 above are incorporated by reference as if fully set forth herein. 21. Admitted that at all times material to the cause of action herein, Defendant Foster was an employee of Defendant, Maryland Mustang, Inc. and was acting within the course and scope of his employment with the Defendants. 22. Denied. The allegations contained in this paragraph of Plaintiffs Complaint are denied as conclusions of law to which no responsive pleading is required undl:lr the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants John A. Comely, individually and John A. Comely Vdfb/a Maryland Mustang, Inc. and Maryland Mustang, Inc. respectfully request that judgment be entered in their favor and against Plaintiff. NEW MATTER 23. The avennents set forth in paragraphs 1 through 22 above are incorporated by reference as if fully set forth herein. 24. Plaintiffs Complaint fails to state a cause of action upon relief is availab!e. 25. The damages and injuries allegedly sustained by the Plaintiff were proximately caused by acts and/or omissions of the Plaintiff or third persons for whose actions Defendants are not legally responsible. Defendants hereby assert any and all defenses available to them under the Motor Vehicle Financial Responsibility Law, 75 Pa.C.SA 91701, et seC!. 26. At all times material hereto, Plaintiff had a duty to yield the right of way to Defendant Foster's vehicle which was properly on the highway in his own lane of travel. 27. Plaintiffs knowing and conscious assumption of the risk led to the resulting injuries and is a bar to recovery in this matter. 28. Plaintiff was not in Defendant Foster's lane of travel a sufficient amount of time for Defendant Foster to see her and act to avoid striking her. 29. The Plaintiff has elected the limited tort option on her policy of insurance for her motor vehicle which may bar or limit some of the damages compensable to her in this matter 4 30. Plaintiff did not sustain a serious injury or a serious impairment of bodily funt1ion or functions as a result of this accident. 31. Plaintiffs cause of action herein may be barred by a Release executed by Plaintiff to the benefit of Defendants. WHEREFORE, Defendants John A. Cornely, individually and John A. Cornely t/d/b/a Maryland Mustang, Inc. and Maryland Mustang, Inc. respectfully request that judgment be entered in their favor and against Plaintiff. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: J M. Popilock, Esq re ttomey 1.0. No. 72671 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7629 Attomey for Defendants Dated: June 24, 1999 :61516.1 5 ~ ~.... (,J tr.. ',. ;"; , . 1,.'1 , ,-~ ... (,'.: , .,.:.... '. ..' . I. ~ ~ ~~ .. I::l e ... ~ .; I::l e ... ~ 1; ::.. ~ E Q ::: 1:"'; t; CIl OJ 0 '" ~ E: '" '" ~ ~ '" Z '" 0 K ci '" 0 '" .. .. :> z C;; .. ~ '" '" a; Q1 0 '" z '" '" z 0 '"