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HomeMy WebLinkAbout99-03587 N 0 v Q s MISCHELE D. SWARTZ Plaintiff V. KARL ROBERT JACOBS, JR. and SPECK'S AUTO AND TRUCK SERVICE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-35J` &VIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 ajudgment 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 MISCHELE D. SWARTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KARL ROBERT JACOBS, JR. and q SPECK'S AUTO AND TRUCK SERVICE, NO.99-35 ?CIVIL TERM Defendants : Jury Trial Demanded COMPLAINT IN TRESSPASS The above-referenced Plaintiff, Mischele D. Swartz, by and through her attorneys, The Law Offices of Paul Bradford Orr, Karl E. Rominger Esquire, respectfully sets forth the following cause of action: The Plaintiff Mischele D. Swartz is an adult individual residing at 110 Mill Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant Karl Robert Jacobs, Jr. is an adult individual residing at 807 Route 15 North, Dillsburg, Cumberland County, Pennsylvania. 3. Defendant Speck's Auto and Truck Service is a Pennsylvania business, with it's principle place of business at 176 Glennwood Road, Dillsburg, Cumberland County, Pennsylvania. 4. On or about Friday, August 9, 1998 Plaintiff was lawfully and carefully operating her 1996 Geo Tracker in a northbound direction on U.S. Route I I and 15. 5. Plaintiffs vehicle was northbound on the portions of Route I I and 15 known as the Camp Hill bypass in Cumberland County, Pennsylvania. 6. Defendant Karl Jacob's vehicle collided with Plaintiff's vehicle. 7. Defendant Speck's Auto and Truck Service serviced it and inspected the brake system ofthe vehicle on or about March of 1998. SWARTZ V.JACOBS COUNT I - NEGLIGENCE 8. Paragraphs 1-7 are incorporated herein by reference as if they had been laid out in full. 9. Defendant Jacobs had a duty to operate his car in a careful and prudent manner. 10. Defendant Jacobs breeched his duty to operate his car in a careful and prudent manner. H. Defendant Jacobs was negligent, reckless and careless in that: (a) He failed to have his motor vehicle under proper and reasonable control at all times; (b) He operated his motor vehicle in such a manner as to cause it to collide into Plaintiffs vehicle; (c) He failed to bring his motor vehicle to a stop in time to avoid the collision; (d) He failed to maintain a safe and assured clear distance with the traffic about him; (e) He failed to keep his breaks in good repair and working order; (f) He relied on his inspection without preforming routine maintenance upon the vehicle; (g) He failed to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code in the Ordinance of the Camp Hill Borough pertaining to the operation of motor vehicles on or, about public highways. 12. As a result of Defendant Jacobs breech ofhis duties of care. Plaintiff sustained multiple injuries and property damage, including $3,156.83 in damage to her car. 13. As a result of the negligence, recklessness and carelessness of Defendant Jacobs, the Plaintiff was violently shaken and suffers from aggravation of preexisting spinal injury and severe headaches. Plaintiff also suffered a sudden and violent shock of the nervous system as well as aches, pains, mental anguish and shock. 14. As a result of her injuries Plaintiff sustained a demunation of her ability to enjoy life and life's pleasure and as continues to be mentally and emotionally anguished. THEREFORE, Plaintiff demand judgment in excess of $10,000.00 and that ajudgment be entered against Defendant Jacobs. COUNT II - NEGLIGENCE SWARTZ V. SPECKS AUTO AND TRUCK SERVICE 15. The aforementioned paragraphs I - 14 are incorporated herein by reference as if they had been laid out in their entireties. 16. Defendant Jacobs had his automobile inspected and serviced at Speck's Auto and Truck Service in approximately March of 1998. 17. On or about March of 1998 Speck's Auto and Truck Service failed to correctly identify problems with Defendant Jacob's brake system. 18. Defendant Speck's Auto and Truck Service caused a State Inspection sticker to be placed upon Defendant Jacob's vehicle. 19. Defendant Speck's Auto and Truck Service has a duty to act carefully and prudently in inspecting and certifying the road of worthiness of the Defendant Jacob's vehicle. 20. Defendant Speck's Auto and Truck Service knew or should have known that a car accident, property and/or physical damage were possible consequences of a bad braking system. 21. Defendant Speck's Auto and Truck Service breached their duty of care. 22. Defendant Speck's Auto and Truck Service was negligent in: (a) Failing to adequately inspect and repair the brake system of Defendant Jacob's vehicle; (b) Failing to anticipate that failure of the breaking system was eminent; (c) Failing to inform Defendant Jacobs that the braking system, if roadworthy for the moment, would not remain so for the period of the inspection: (d) Failing to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code as they apply to the inspection of automobiles; (c) Intrusting a vehicle back to a customer in an unroadworthy state; (f) Failing to maintain, service or inspect the brake lines as part of a state inspection; (g) Failing to look for leaking break fluid or other signs of corrosion, harm or damage on the brake lines; (h) Failing to properly train and hire mechanics to spot and report such problems; (i) Failing to maintain internal auditingsystemssufficienttoensurethateachautomobileis put through a complete and rigorous inspection. 23. AsaresultofDefendant Speck'sAutoBodymtdTruckServicebreech ofhisduties ofcare. Plaintiff sustained multiple injuries and property damage, including $3,156.83 in damage to her car. 24. As a result of the negligence, recklessness and carelessness of Defendant Speck's Auto Body and Truck Service, the Plaintiff was violently shaken and suffers from aggravation of preexisting spinal injury and severe headaches. Plaintiff also suffered a sudden and violent shock of the nervous system as well as aches, pains, mental anguish and shock. 25. As a result of her injuries, Plaintiff sustained a demunation of her ability to enjoy life and life's pleasure and as continues to be mentally and emotionally anguished. WHEREFORE, by the reason of aforesaid premises, Plaintiff claims to recover for the Defendant as damages of a sum in excess of $10,000.00 in compensatory damages for personal injury and property loss and request that this Court enter a judgment against Defendant, Speck's Auto and Truck Service and award damages in his favor. COUNT III - PUNITIVE DAMAGES SWARTZ V. CARL ROBERT JACOBS JR. 26. Paragraphs I through 24 are incorporated herein by references if laid out in their entireties. 27. Defendant Jacobs acted with a reckless disregard for the health, welfare and safety of others. 28. Defendant Jacobs actions were particularly egregious under the circumstances. 29. Defendant Jacobs negligence as referenced for the earlier counts of this complaint rise to the level of shocking and outrageous behavior. WHEREFORE, Plaintiff demands punitive damages be awarded in her favor and against Defendant Jacobs. COUNT IV - PUNITIVE DAMAGES SWARTZ V. SPECK'S AUTO AND TRUCK SERVICES 30. Paragraphs I through 28 are incorporated herein by reference if laid out in their entireties. 31. Defendant Speck's Auto and Truck Service acted with a reckless disregard for the health, welfare and safety for others. 32. Defendant Speck's Auto and Truck Service's actions were particularly egregious under the circumstances. 33. Defendant Specks' Auto and Truck Service's negligence as referenced for the earliercounts of this complaint rise to the level of shocking and outrageous behavior. WHEREFORE, Plaintiff demands punitive damages be awarded in her favor and against Defendant Speck's Auto and Truck Service. t K Rominger, Esquire ttorney for Plaintiff 50 East t Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 81924 I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: G ,^ h ?w kr' .- .2 1, y ray= 14 as ?- r CTW j ? 4 CA, C r b F 1 f 1 '}N'y' Crr+.. ? F Y. LFI wpm O o R n? ryr y4 `?? d L T=<? max;; Yy 1FY 4i hr ! r 3g v /y?1ry ? 1y?yi$tr F n ? ? y ypfi GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefferson J. Shipman, Esquire IDt: 51785 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defendant, Speck's Auto & Truck Service MICHELLE D. SWARTZ IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. KARL ROBERT JACOBS, JR. & SPECK'S AUTO & TRUCK SERVICE Defendants NO. 99-3587 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Jefferson J. Shipman, Esquire of Goldberg, Katzman & Shipman, P.C. on behalf of the Defendant, Speck's Auto & Truck Service. Respectfully submitted, , KATZMAN & SATRMAN, P. C. Date: R.+..85v . onipwan, icsquir I ?:517 P Box 1268 Harrisburg, PA 17108-1268 (717) 234-4 161 Attorney for Defendant, Speck's Auto & Truck Service r• 7- r u.!.?t N ai ,,SSG 1 ? .]Cl C G? U CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person (s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Karl E. Rominger, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Karl Robert Jacobs, Jr. 807 Route 15 North Dillsburg, PA 17019 , KATZMAN & sitf*m' P.C. rhey for Defendant, k's Auto & Truck Service Date: ? ?( 26109.1 Ir, , c^. ='r i1 u ' " -'' CCZ UW -- f-I 0- i- ? U O M m <? MISCHELE D. SWARTZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO, 99-3587 CIVIL TERM KARL ROBERT JACOBS, JR., AND CIVIL ACTION - AT LAW SPECK'S AUTO AND TRUCK SERVICE, : DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Karl Robert Jacobs, Jr., with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER By: V Matthew R. Gover, Esquire Attorney I.D. *47593 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this 14'^ day of July, 1999, 1 hereby certify that I have served the foregoing on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Karl E. Rominger, Esquire 50 East Street Carlisle, PA 17013 Matthe R. Cover Esquire N N R m 0 z o 0 W W a Q = n 08J sN< I^ z V 0 Q OD j i > W 0 N m z 0 Z N O ZW N 0 J W 0 W a a Q 0 z ° ` f m NI R m I wnw?w.nnwuo.nwuu. nnim -w wYw ']NI TNCLLYNYllIN ?3lY1Prn A MPBtLO r TOII l1Yla'rn MISCHELE D. SWARTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3587 CIVIL TERM : CIVIL ACTION - AT LAW KARL ROBERT JACOBS, JR., AND SPECK'S AUTO AND TRUCK SERVICE, : DEFENDANTS : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Mischele D. Swartz, and her attorney, Karl E. Rominger, Esquire 50 East Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED, that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, Date: -7/z ? /1 1 NEALON & GOVER BY: ' `i l ? - Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 MISCHELE D. SWARTZ, PLAINTIFF V. KARL ROBERT JACOBS, JR., AND SPECK'S AUTO AND TRUCK SERVICE, DEFENDANTS 1. Admitted. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-3587 CIVIL TERM : CIVIL ACTION - AT LAW JURY TRIAL DEMANDED 2. Denied. The answering Defendant resides at 102 Stoner Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Admitted. 4.-7. Denied pursuant to Pa.R.Civ.P. 1029(e). SWARTZ V. JACOBS COUNT 1- NEGLIGENCE 8. Paragraphs 1 through 7 of Defendant's Answer are incorporated herein by reference thereto. 9.-11. Denied pursuant to Pa.R.Civ.P. 1029(e). 12.-14. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Defendant, Karl Robert Jacobs, Jr., respectfully request that the Complaint be dismissed with costs of this action. COUNT II - NEGLGIENCE SWARTZ V. SPECK'S AUTO AND TRUCK SERVICE 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference thereto. 16.-25. Paragraphs 16 through 25 are directed at a Defendant other than answering Defendant and no responsive pleading is required. WHEREFORE, Defendant, Karl Robert Jacobs, Jr., respectfully request that the Complaint be dismissed with costs of this action. COUNT III - PUNITIVE DAMAGES SWARTZ V. CAROL ROBERT JACOBS, JR. 26. Paragraphs 1 through 25 of Defendant's Answer are incorporated herein by reference thereto. 27.-29. Denied. The parties have stipulated that this Count will be removed from this litigation and a Stipulation evidencing the parties' agreement has been filed contemporaneously with this Answer. WHEREFORE, Defendant, Karl Robert Jacobs, Jr., respectfully request that the Complaint be dismissed with costs of this action. COUNT IV - PUNITIVE DAMAGES SWARTZ V. SPECK'S AUTO AND TRUCK SERVICES 30. Paragraphs 1 through 29 of Defendant's Answer are incorporated herein by reference thereto. 31.-33. Paragraphs 31 through 33 are directed at a Defendant other than answering Defendant and no responsive pleading is required. 2 WHEREFORE, Defendant, Karl Robert Jacobs, Jr., respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER 34. Paragraphs 1 through 33 of Defendant's Answer to Plaintiffs Complaint are incorporated herein by reference thereto. 35. Defendant's brakes malfunction and as a result of that malfunction the collision occurred between the two vehicles. 36. Defendant Jacobs had no prior warning of any possibility of brake malfunction. 37. Defendant further avers that any claims raised by Plaintiff are barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Karl Robert Jacobs, Jr., respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER PURSUANT TO Pa.R.CIV.P. 2262D 38. The averments of Paragraphs 1 through 32 of Defendant's Answer to Plaintiffs Complaint are incorporated herein by reference thereto. 39. If Plaintiff is entitled to recovery from any party as alleged in Plaintiffs Complaint, than Speck's Auto and Truck Service is alone liable to Plaintiff or liable over to Karl Robert Jacobs, Jr., by way of contribution and/or indemnity or is jointly and/or severally liable to answering Defendant on account of their own negligence or other liability as alleged in the pleadings. 3 40. If Defendant Karl Robert Jacobs, Jr., is found liable to Plaintiff, which is expressly denied herein, his liability is secondary and passive to the liability of Speck's Auto and Truck Service in this action. WHEREFORE, Defendant Karl Robert Jacobs, Jr., demands judgment against Speck's Auto and Truck Service, for all sums that may be adjudged against Defendant Jacobs in favor of Plaintiff or in the alternative, Defendant Jacobs demands judgment against Defendant Speck's Auto and Truck Service for contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded to Plaintiff, if any. Respectfully submitted, Dated: ? (7017 NEALON & GOVER By: Matthe R. Gover, Esquire Attorney I.D. #47593 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 4 VERIFICATION I, KARL ROBERT JACOBS, JR., verify that the statements made in the foregoing Answer are true and correct. 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. 4 RWBJA OBS, JR. CERTIFICATE OF SERVICE AND NOW, this T day of July, 1999, 1 hereby certify that I have served the foregoing Answer with New Matter on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Karl E. Rominger, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Jefferson J. Shipman, Esquire 320-E Market Street Harrisburg, PA 17101 Attorney for Defendant, Speck's Auto and Truck Service Matthew R. Gover Esquire N C m O 0 O Q = n O In u J 0 " 2 V 0 Q J < w O " O O z " m z N rc d W J "w O w a a 0 p x Z m < f m 1'1 6 R 2 NMw1f0•AOwl1?•tfRUO•H'RIIC -CN wvol 7xi'nxaarxvuw arvu rn w xaswo r troa? ?insiir Jefferson J. Shipman, Esquire Attorney I.D. 51785 Goldberg, Katzman 6 Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Defendant, Speck's Auto and Truck Service MICHELE D. SWARTZ, IN THE COURT OF COMMON PLEAS Of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KARL ROBERT JACOBS, JR., and SPECK'S AUTO AND TRUCK NO. 99-3587 SERVICE, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO THE PLAINTIFF AND DEFENDANT, KARL ROBERT JACOBS, JR.: YOU ARE HEREBY notified to plead to the within New Matter and/or Cross Claim of Defendant, Speck's Auto and Truck Service, within twenty (20) days of service hereof. GO RG, KATZ SHIPMAN, P.C. Jef.er on J. Shipman, Esquire Att rney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Date: Speck's Auto and Truck Service ? 12 b ? ?? 26195.1 Jefferson J. Shipman, Esquire Attorney Z.D. 51785 Goldberg, Xatzman L Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Defendant, Speck's Auto and Truck Service MICHELE D. SWARTZ, IN THE COURT OF COMMON PLEAS Of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW KARL ROBERT JACOBS, JR., and . SPECK'S AUTO AND TRUCK NO. 99-3587 SERVICE, Defendants JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS CLAIM OF DEFENDANT, SPECK'S AUTO AND TRUCK SERVICE TO THE PLAINTIFF' COMPLAINT AND NOW, comes the Defendant, Speck's Auto and Truck Service, by and through its counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer, New Matter and Cross claim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are therefor denied and strict proof demanded at the time of trial. 5. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefor denied and strict proof demanded at the time of trial. 6. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are therefor denied and strict proof demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted only that answering Defendant, Speck's Auto and Truck Service, inspected the Jacobs vehicle. The remaining averment of Paragraph are denied as stated. SWARTZ v. JACOBS COUNT 1 - NEGLIGENCE B. Answering Defendant, Speck's Auto and Truck Service, incorporates herein by reference its answers to Paragraphs 1 through 7 above as though fully set forth herein at length. 9-14. The averments contained in Paragraphs 9 through 14 are directed to another party and accordingly no response is required. If a response is deemed to be required, the averments contained therein are specifically denied as they may in any way relate to answering Defendant. 2 WHEREFORE, the Defendant, Speck's Auto and Truck Service, respectfully requests that judgment be entered in its favor and that the Plaintiffs' Complaint be dismissed with prejudice. COUNT II - NEGLIGENCE SWARTZ vs. SPECK'S AUTO AND TRUCK SERVICE 15. Answering Defendant, Speck's Auto and Truck service, incorporates herein by reference its answers to Paragraphs 1 through 19 above as though fully set forth herein at length. 16. Admitted in part, denied in part. It is admitted only that the Jacobs vehicle was inspected at Speck's Auto and Truck Service. The remaining averments of Paragraph 16 are denied. as stated. 17. Denied. It is specifically denied that on or about March of 1998 Speck's Auto and Truck Service failed to correct the identified problems with the Defendant Jacobs brake system. At all times relevant to this case, Speck's Auto and Truck Service acted in a professional, responsible and lawful reasonable manner. 18. Admitted. 19. Denied. The averments contained in Paragraph 19 are merely conclusions of law to which no response is required. If a response is deemed to be required, at all times relevant to this case Speck's Auto and Truck Service acted in a careful and 3 prudent manner in its inspection and certification of the road worthiness of Defendant Jacobs vehicle. 20. Denied. The averments contained in Paragraph 20 are merely conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 21. Denied. The averments contained in Paragraph 21 are merely conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 22. Denied. The averments contained in Paragraph 22, subparagraphs (a) through (I) are conclusions of law to which no response is required. If a response is deemed to be required, each and every averment contained therein are specifically denied. (a) It is specifically denied that Speck's failed to adequately inspect and repair the brake system of Defendant Jacobs vehicle; (b) It is specifically denied that Speck's failed to anticipate that that failure of braking system was eminent; (c) It is specifically denied that Speck's failed to inform Defendant Jacobs that the braking system, if 4 roadworthy for the moment, would nor remain so for the period of the inspection; (d) It is specifically denied that Speck's failed to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code as they apply to the inspection of automobiles; (e) It is specifically denied that Speck's entrusted a vehicle back to a customer in an unworthy state; (f) It is specifically denied that Speck's failed to maintain, service or inspect the brake lines as part of a State Inspection; (g) It is specifically denied that Speck's failed to look for leaking brake fluid or other signs of corrosion, harm or damage on the brake lines; (h) It is specifically denied that Speck's failed to properly train and hire mechanics to spot and report such problems; and (i) It is specifically denied that Speck's failed to maintain auditing systems sufficient to ensure that each automobile is put through a complete and rigorous inspection. 23. Denied. The averments contained in Paragraph 23 are conclusions of law to which no response is required. If a 5 response is deemed to be required, the averments contained therein are specifically denied. By way of further response, after reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 23 relating to Plaintiff's alleged injuries and property damages and the same are therefore denied and strict proof demanded at the time of trial. 24. Denied. The averments contained in Paragraph 24 are in part merely conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. By way of further response, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 24 relating to Plaintiff's alleged injuries and aggravating of a pre-existing spinal injury and severe headaches and the same are therefore denied and strict proof demanded at the time of trial. 25. Denied. After reasonable investigation the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of averments contained in Paragraph 25 and the same are, therefore, denied and strict proof demanded at the time of trial. 6 WHEREFORE, tt.t Defendant, Speck's Auto and Truck Service, respectfully requests that judgment be entered in its favor and that the Plaintiffs' Complaint be dismissed with prejudice. COUNT III - PUNITIVE DAMAGES SWARTZ v. CARL ROBERT JACOBS, JR. 26-29. Count III has been stricken and deleted by way of Stipulation of Counsel. COUNT IV - PUNITIVE DAMAGES SWARTZ V. SPECK'S AUTO AND TRUCK SERVICE 30-33. Count IV has been stricken and deleted by way of Stipulation of Counsel. NEW MATTER By way of further answer and response, Defendant, Scott Lindsey, interposes the following New Matters: 34. That the Plaintiff's injuries and damages, if any, were not caused by any acts, omissions or breaches of duty by Defendant, Speck's Auto and Truck Service, but may have been 7 caused, in whole or in part, or were contributed to by the negligence, fault or want of care of the Plaintiff. 35. That the Plaintiff has failed to state a cause of action for which relief may be granted against Defendant, Speck's Auto and Truck Service. 35. That the Plaintiff's alleged cause of action is barred, in whole or in part, by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et seg., or by the doctrine of comparative negligence. 36. That the Plaintiff may have assumed the risk of injuries allegedly sustained by her by reason of her own negligence and carelessness. 37. That any damages the Plaintiff may be entitled to recover in this action are limited to those which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et sea. 38. That Plaintiff's claims may be limited or barred by the "limited tort" option pursuant to 75 Pa. C.S.A. S.A. §1705, et sea. 39. That the accident and any injuries allegedly sustained by Plaintiff may have been caused, in whole or in part, by the negligence of third persons or entities not presently involved in this action. 8 90. That the accident may have been caused by an intervening, superseding cause. 91. That if it should be found that there was any negligence on the part of the Defendant, Speck's Auto and Truck Services, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. WHEREFORE, the Defendant, Speck's Auto and Truck Service, respectfully requests that judgment be entered in his favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER PURSUANT TO RULE 2252(d) OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE SPECK'S AUTO AND TRUCK SERVICE v. Karl Robert Jacobs. Jr. 92. If it is determined that Plaintiff is entitled to recover any and all of the damages sought in her Complaint, which right as to Speck's Auto and Truck Service is specifically denied, then in that event liability rests solely with Karl Robert Jacobs, Jr., based on the allegations set forth in the Plaintiff's Complaint. 93. If it is determined that the Plaintiff is entitled to recover any or all of the damages sought in her Complaint, which right as to Speck's Auto and Truck Service is specifically 9 denied, then in that event Karl Robert Jacobs, Jr., is jointly and/or severally liable with Speck's Auto and Truck Service, or liable over to Speck's Auto and Truck Service for contribution and/or indemnity. WHEREFORE, the Defendant, Speck's Auto and Truck Service, demands judgment against Karl Robert Jacobs, Jr., for all sums which may be adjudged against it in favor of the Plaintiff or, in the alternative, demands judgment against Defendant, Karl Robert Jacobs, Jr., for contribution and/or indemnity. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Je fek'son J. Shipman, Esquire At orney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Speck's Auto and Truck Service 26/95.1 10 JUi VERIFICATION 1, _9,c eA ) d b SPEC K , the 0 WIVE-K_, of Speck's Auto and Truck Service, have read the foregoing Answer and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Speck's Auto and Truck Service DATE: 26499.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on July 26, 1999: Karl E. Rominger, Esquire Paul Bradford Orr Law Offices 50 East High Street Carlisle, PA 17013 Matthew Gover, Esquire Nealon & Gover 301 Market Street Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. Je fe2Vsbn J. Shipman, Esquire I. . #: 51785 32 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Attorneys for Defendant, Speck's Auto and Truck Service 26934.1 SHERIFF'S RETURN - OUT OF COUNTY i CASE NO: 1999-03587 P COUNTYWOFLCUMBERLANDSYLVANIA: SWARTZ MISCHELE D VS. JACOBS KARL ROBERT JR ET AL R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: SPECK'S AUTO AND TRUCK SERVICE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within COMPLAINT AND NOTICE On July 12th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. So answers: Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 8.00 omas ine, e i Dep. York Co 70.40 0 07 8 /12/1999 Sworn and subscribe to before me this ?? day of 192 A.D. ro ono?a?? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SWARTZ MISCHELE D VS. JACOBS KARL ROBERT JR ET AL CPL. TIMOTY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, sa;rs, the within COMPLAINT AND NOTICE was served upon JACOBS KARL ROBERT JR the defendant, at 16:28 HOURS, on the 8th day of July 1999 at 102 STONER ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to KARL L. JACOBS a true and attested copy of the COMPLAINT AND NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers* Docketing 18.00 Affidavit 5.00 Surcharge 8.00 omas KIM, Sheriff $Jl.bb PAUL B. ORR 07/12/1999 by / epu y ?Pe rim Sworn and subscribed to before me this 11 n.- day o 1999 A.D./ ron aryl COUNTY OF YORK (a of 2) OFFICE OF THE SHERIFF S(717) 7711-9601 CALL (717) 7 -9601 28 EAST MARKET ST, YORK. PA 17401 SHERIFF SERVICE INSTRUCTIONS . PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12 ,,, --11 DO NOT DETACH ANY C6PIES. Mischele D. Swartz Robert Jacobs, Jr. et al WRIT lain V SERVE NAmc Ur INUIVIUUAL. COMPANY, CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED.OR SOLD. Speckls Auto and Truck Service 6. ADDRESS (STREET OR RFD WITH BOX NUMBER. AP7 NO., CITY BORO. TWP, STATE AND Z!P CODE AT 176 Glennwood Rd., Di.ilsburg, PA 17019 NVVV .tune ia. lyyy 19 1. SHERIFF OF)MRKCI York COUNTY to execute to law. This deputation being made at the request and risk of the plaintiff. ___ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT Wit I A9stmT IN aroenlnur eee.-c. MAIL OUT OF COU CUMBERLAND C1 rn t-' oMr n a3 Bobo m -?c -n -M _ W <- 3 a M v_ NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any properly u0Q0 wn un w - ay leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of slpLyeputy or Iff sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereat. 9. TYPE NAME AND ADDRESS of ATTORNEYIORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER 1 1 DATE FILED Karl E. Raninger, Esq. 717-258-8558 6/14/99 Cumberland County Sheriff ores 13. 1 acknowledge receipt of the writ SIUNATUHE Uh AUI HUHN or complaint as indicated above. D. Feeser 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) 17. U I hereby certify and return a NOT FOUND because I am unable to locale the inorv AId G-Wck ocv to be 14 Date Received 15. Expnabon;Hg@? 6/16/99 July 13, 1999 SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS etc. named above. (See remarks below.) to Defendant) 19. Date of Seance 20. Time of Sernco Int. 23. Advance Corm 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29 Pound 30. Notary Fee 31. Surcharge 32. Total Costs 33. Cost Due or Rotund 34. Foreign County-Costs 35. Advance Costs 36. Service Costs 37. Notary Can. 38. Mileage/Postage/N. F. 39. Total Casts 40. Cost Due or Refund SO ANSWER. 41.AFFIRMED - 29th 44. Signature of n7 Date 1 NOTARIAL SEAL Den Sheriff ?"IT T 13 42. day of Jf116BtSSA J. SHAF 45.Slgnature of York James V. h an teen g , Actin Sheriff 4 48. Dam 43. Y b eriff County S for William M. Hose, Sheriff y 6/29/9 P -m ary MY CO ISSION EXPIRES 46. Signature of Foreign Court Sheriff 49. Date 3 W.I AGRNUWLEUUE HECEIPI OF IHE SHERIFF'S RETURN SIGNATURE 151. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE Sheriff's Office w. MISCHELE D. SWARTZ, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-3687 CIVIL TERM : CIVIL ACTION - AT LAW KARL ROBERT JACOBS, JR., AND SPECK'S AUTO AND TRUCK SERVICE, : DEFENDANTS : JURY TRIAL DEMANDED STIPULATIOIN AND NOW, comes the parties, by and through their respective counsel, and hereby agree and enter into a Stipulation as follows: 1. The Complaint in the above-referenced matter was filed with the Cumberland County Prothonotary on or about June 14, 1999. 2. 1999. 3. July 12, 1999. 4. Defendant Karl Robert Jacobs, Jr., was served on or about July 8, Defendant Speck's Auto and Truck Service, was served on or about Counsel for the Plaintiff is represented by Karl E. Rominger whose business address is 50 East Street, Carlisle, PA 17013. 5. Counsel for Defendant Jacobs is represented by Matthew R. Gover c/o Nealon & Gover, P.C. whose business address is 301 Market Street - 9t' Floor, P.O. Box 865, Harrisburg, PA 17108. 6. Counsel for Defendant Speck's Auto and Truck Serve is represented by Jefferson J. Shipman c/o the law firm of Goldberg, Katzman & Shipman, P.C., 320-E Market Street, Harrisburg, PA 17101. 7. Count III of Plaintiffs Complaint alleges a punitive damage component against Defendant Karl Robert Jacobs, Jr.. 8. Counsel have agreed that Count III be dismissed and that punitive damages is not part of this litigation. 9. Count IV alleges punitive damages against Defendant Speck's Auto and Truck Service. - 10. Counsel have agreed that Count IV be dismissed ant that punitive damages against Defendant Speck's Auto and Truck Service is not part of this litigation. 11. Counsel have agreed to Answer the Complaint with the understanding that Counts III and IV are hereby dismissed and will not be acted upon in any way regarding this lawsuit. Respectfully Submitted, 4A4- Matthew R. Gover, Esquire Attorney I. D. #47593 301 Market Street, 9th Floor P.O. Box 865 Harrisburg, PA 17108 (717) 232-9900 Karl E. Rominger, Esquire rson J. Ship nand Esquire Attorney I.D. #81924 Attorney I.D. #51785 50 East Street 320-E Market Street Carlisle, PA 17013 Harrisburg, PA 17101 (717) 258-8558 c (717) 234-4161 v1/77 '7l2- l0 /-11 i_. i N N " 0 ° ° W > a = 0 J < 0 < m m x J K W <Y 0 0 2 " m z N tt O W 4J "u 0 w a a W " Z m < < m < p N N rc < x MN M110 •?O MI{0. 19 f9 M1 sf31t0 ONYI101 71111YNp1YMY31M ?91Yl9TV Md9W0 YT•031 i1Y1911V MISCHELE D. SWARTZ, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3587 CIVIL TERM : CIVIL ACTION - AT LAW CARL ROBERT JACOBS, JR., AND SPECK'S AUTO AND TRUCK SERVICE, : DEFENDANTS : JURY TRIAL DEMANDED AND NOW, comes the Defendant, Carl Robert Jacobs, Jr., by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer to Crossclaim of Defendant, Speck's Auto and Truck Service: 42.-43. Paragraphs 42 through 43 are conclusions of law to which no responsive pleading is required. To the extent they are deemed factual, it is averred that liability rests solely and exclusively with Speck's Auto and Truck Service, to the extent any liability exists. Respectfully submitted, NEALON & GOVER ByA, Matthe R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717)232-9900 VERIFICATION I, CARL ROBERT JACOBS, JR., verify that the statements made in the foregoing Answer are true and correct. 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. t ?. CARL R ERT O S, JR. CERTIFICATE OF SERVICE vS T AND NOW, this day o X1999, I hereby certify that I have served the foregoing Answer to Crossclaim on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Karl E. Rominger, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Jefferson J. Shipman, Esquire 320-E Market Street Harrisburg, PA 17101 Attorney for Defendant, Speck's Auto and Truck Service /I- ?4 Matthew R. Gover Esquire m m C CD O z 0 o 0 W tt Q Z n Q 0a J N in < m Z Q o a m N W o m Z O Z f m 2 m 2 O OW 0 It FQ W a a Q Y F Q m W a a < Z < m O m 17 ¢ C wn«ue•1o «ue nnnlm•0 mm a«wYOa J14 T/Yp1YYY ]I Hi Yalw9 l1Y . YgV,a Y'lY 9il ]IY1511Y Jefferson J. Shipman, Enquire Attorney I.D. 51785 Goldberg, Katzman A Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Defendant, Speck's Auto and Truck Service MICHELE D. SWARTZ, IN THE COURT OF COMMON PLEAS Of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW KARL ROBERT JACOBS, JR., and . SPECK'S AUTO AND TRUCK NO. 99-3587 SERVICE, Defendants JURY TRIAL DEMANDED ANSWER TO NEW MATTER OF DEFENDANT, SPECK'S AUTO AND TRUCK SERVICE, TO THE NEW MATTER OF KARL ROBERT JACOBS JR AND NOW, comes the Defendant, Speck's Auto and Truck Service, by and through its counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer to Cross Claim of Defendant Jacobs: 38. Defendant, Speck's Auto and Truck Service, Inc., incorporates herein by reference its Answer, New Matter and Cross Claim as though fully set forth herein at length. 39. Denied. The averments contained in Paragraph 39 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 40. Denied. The averments contained in Paragraph 40 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendant, Speck's Auto and Truck Service, respectfully requests that judgment be entered in its favor and that any and all claims being asserted against it be dismissed with prejudice. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. . J r t "Son J. Shipm,1n, Esquire A torney I.D. 51785 310 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, Speck's Auto and Truck Service 26495.2 2 VERIFICATION PURSUANT TO PA R y NO 1029( 1 JERRERSON J. SHIPMAN, ESQUIRE, states that he is the attorney for the party filing the foregoing Answer to New Matter of Defendant, Speck's Auto and Truck Service, to the New Matter of Karl Robert Jacobs, Jr.,; 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 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 to authorities. Je fe on J. Ship an DATE: August 4, 1999 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on August 17, 1999: Karl E. Rominger, Esquire Paul Bradford Orr Law Offices 50 East High Street Carlisle, PA 17013 Matthew Gover, Esquire Nealon & Gover 301 Market Street Harrisburg, PA 17108 KATZMAN & SHIPMAN, P.C. ...Y...-.., ...ayu??c 320 Market Street Harrisburg, PA 17108 Attorneys for Defendants, Nott, Right Turn and Neihart Telephone: (717) 234-4161 Identification No.: 51785 26176.1 LI ? U. F= ' . y 63 LLI • •'- Z LLI a CL C] m p? O MISCHELE D. SWARTZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3587 CIVIL TERM : CIVIL ACTION - AT LAW CARL ROBERT JACOBS, JR., AND SPECK'S AUTO AND TRUCK SERVICE, : DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY Kindly mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, PAUL BRADFORD ORR LAW OFICES By.? Karl E. Rominger, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 81924 r C as 11., >- c C ci- 7 cri ) J LIJ O rn U ? a cn n Oyu >• z ;1?0. rn i3 a a o A ?? O Q m d ; . Pa a ?. a r' Y Y? uY 1 :i'•pj?} ?I