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Home My WebLink About03-3680ORIGINAL STEPHEN M. URBAN and JOANNE L. URBAN, his wife, 220 Green Lane Drive Camp Hill, PA 17011 Plaintiff V. A. THOMAS DITLOW 2315 Kent Street Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 X40 &,? JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Sheriff for service upon the above-named defendant. Lee C. Swartz, Esquire TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Si hature ofne ii -0 9 Supreme Court I.D. #07258 Date: "7 L 3L 1 03 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. CtcvtJ /\, L7\ Prot on tary Date: okf?d 3 By a-71? ul 3 Dep () Check here if reverse is used for additional information (?? ?z C on Q-2 r " ? r STEPHEN and JOANNE URBAN, Plaintiffs, V. A. THOMAS DITLOW, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-3680 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, A. Thomas Ditlow, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: ---- Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 Date: `'} 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this '?a) day of August, 2003, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lee C. Swartz, Esquire TUCKER, ARENSBERG & SWARTZ 111 North Front Street Harrisburg, PA 17101 Andrew C. Lehman, Esquire C? ? 4y ff7 't -{yam C? .1•i ..a "tel. t: N i 4 c l Ti Y ? STEPHEN and JOANNE URBAN, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. V. A. THOMAS DITLOW, Defendant. NO.: 03-3680 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Date: 0 -"40 4,j TO THE PLAINTIFF: Respectfully submitted, NEALON & GOVER, P.C. By: Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATED: Prothonotary +. l a , F f. Y C ?' !N t ca SHERIFF'S RETURN - REGULAR CASE NO: 2003-03680 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND URBAN STEPHEN M ET AL VS DITLOW A THOMAS BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DITLOW A THOMAS the DEFENDANT , at 2053:00 HOURS, on the 12th day of August 2003 at 2315 KENT STREET CAMP HILL, PA 17011 by handing to THOMAS DITLOW a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ,Z 7 day of ,,E .2vu3 A.D. 1 00.., -T-'Prothonotary So Answers: R. Thomas Kline 7 08/13/2003 TUCKER ARENSBERG SWARTZ By. ? (? Dep y Sheriff ORIGINAL Tucker Arensberg, P.C. BY: Lee C. Swartz I.D. NO: 07258 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 ATTORNEY FOR PLAINTIFFS STEPHEN M. URBAN and JOANNE L. URBAN, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs V. A. THOMAS DITLOW, Defendant NO. 03-3680 JURY TRIAL DEMANDED CIVIL ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you buy 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 of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 "AVISO" "Le han demandado en torte. Si usted desea defender contra ]as demandas dispuestas en Las pdginas siguientes, usted debe tomar Ia acci6n en el plazo de veinte (20) dial despuds de esta queja y se sirve el aviso, incorporando on aspecto escrito personalmente o y archivando en escribir con la cone sus defensas u objeciones a Las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hater asi que el caso puede proceder sin usted y on juicio se puede incorporar contra usted compra la torte sin aviso adicional para cualquier dinero demandado en la queja o Para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROV EER DE USTED LA INFORMAC16N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO 0 NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 STEPHEN M. URBAN and JOANNE L. URBAN, his wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs V. NO. 03-3680 A. THOMAS DITLOW, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs, Stephen M. Urban and Joanne L. Urban, his wife, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 220 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania, and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania, respectively. 2. Defendant A. Thomas Ditlow is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 2315 Kent Street, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about August 12, 2001, at approximately 1:30 p.m. on North 2151 Street in the Borough of Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Stephen M. Urban was operating his motor vehicle, a 2001 Ford Windstar, in a northerly direction on 21" Street in the Borough of Camp Hill, where he was stopped for a red light. 5. At that time and place, Defendant A. Thomas Ditlow was operating a 1997 Saturn automobile in a northerly direction somewhat to the rear of the vehicle operated by the Plaintiff Stephen M. Urban on 21st Street in the Borough of Camp Hill, Pennsylvania. 6. At that time and place, Defendant A. Thomas Ditlow, while under the influence of intoxicating beverages, drove his vehicle at a high rate of speed, violently colliding with the rear portion of Defendant A. Thomas Ditlow's vehicle violently collided with the rear portion of Plaintiffs' vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Stephen M. Urban are the direct and proximate result of the negligent, careless, wanton, outrageous and reckless manner in which Defendant A. Thomas Ditlow operated his motor vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiffs' vehicle; (d) failure to travel at a safe speed; (e) failure to keep a proper watch for traffic on the highway; (f) failure to keep proper and adequate control over his vehicles; and (g) operated his vehicle while under the influence of intoxicating beverages. 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 9. Plaintiff Stephen M. Urban sustained painful and severe injuries, which include but are not limited to: (a) sprain and damage to his right knee; (b) sprain and damage to his thoracic spine; (c) sprain and damage to his cervical area, resulting in ruptured discs; (d) sprain and damage to his lumbar area, including ruptured discs; (e) injury to his right leg; 3 (f) injuries to his hands and arms, causing denervation and carpal tunnel syndrome; (g) injury to his left shoulder, causing it to freeze up; (h) injuries to the trapezious muscle group; (i) radiating pain and injury to both arms; 0) aggravation of preexisting injuries to his neck and back; and (k) severe pain and suffering. 10. By reason of the aforesaid injuries sustained by Plaintiff Stephen M. Urban, he was forced to incur liability for medical treatment, medications, hospitalizations, surgery and similar miscellaneous expenses in an effort to restore him/herself to health, and claim is made therefor. 11. Because of the nature of his injuries, Plaintiff Stephen M. Urban has been advised, and therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Plaintiff Stephen M. Urban has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 13. As a result of the aforesaid injuries, Plaintiff Stephen M. Urban has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Stephen M. Urban has sustained work loss, loss of opportunity and a permanent diminution of his/her earning power and capacity, and claim is made therefor. 15. As a result of the aforesaid injuries, Plaintiff Stephen M. Urban has sustained uncompensated work loss, and claim is made therefor. 4 15. As a result of the aforesaid injuries, Plaintiff Stephen M. Urban has sustained uncompensated work loss, and claim is made therefor. 16. Plaintiff Stephen M. Urban continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 17. As a result of the aforesaid accident, Plaintiff Stephen M. Urban has sustained scars, which will result in a permanent disfigurement, and claim is made therefor. CLAIM II Joanne Urban. Plaintiff v. A. Thomas Ditlow. Defendant 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 19. As a result of the aforementioned injuries sustained by her husband, Plaintiff Joanne Urban has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Stephen M. Urban and Joanne Urban demand judgment against Defendant A. Thomas Ditlow in an amount in excess of any jurisdictional amount requiring compulsory arbitration, exclusive of interest and costs. TUCKER ARENSBERG, P.C. By: Lee C. Swartz Pa. Bar I.D. No. 07258 111 N. Front St., P. O. Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS 5 CERTIFICATE OF SERVICE AND NOW, this 1 tf' day of 2004, I, LEE C. SWARTZ, hereby certify that I have this day served the within Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Andrew C. Lehman, Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Af-Qud Lee . Swartz VERIFICATION I, STEPHEN M. URBAN, hereby certify that I am a Plaintiff in this action, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements made to this verification are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ?=?m ? Stephe M. Urban Dated: a/I -45- 2004 ?. ?, ?; -? - ,:; --? ?, ?? _, - ; r i 7 r? r? ?` r.? STEPHEN and JOANNE URBAN, Plaintiffs, V. A. THOMAS DITLOW, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-:3680 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT, 1. Admitted based upon information and belief. 2. Admitted. 3-7. Denied as stated, however, it is admitted that on August 12, 2001 at approximately 11:45 a.m. as defendant was operating a 1997 Saturn in a northerly direction on 21St Street within the Borough of Camp Hill, Pennsylvania, the front of his vehicle came into contact with the rear of a 2001 Ford Windstar being operated by Stephen P. Urban, plaintiff. It is further admitted that defendant was legally intoxicated as defined pursuant to the Pennsylvania Motor Vehicle Code. Any remaining averments contained in these paragraphs are denied pursuant to Pa. R.C.P. 1029(e). CI AIM I Plaintiff Stephen M. Urban v. Defendant A. Thomas Ditlow 8. Paragraphs 1 through 7 are incorporated herein by reference thereto as if set forth at length. 9-17. Denied as after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted and proof is demanded at trial. Any remaining averments contained in these paragraphs are denied pursuant to Pa. R.C.P. 1029(e). CLAIM II Joanne Urban Plaintiff v. A. Thomas Ditlow, Defendant 18. Paragraphs 1 through 17 are incorporated herein by reference thereto as if set forth at length. 19. Denied as after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted and proof is demanded at trial. Any remaining averments contained in this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, based upon the foregoing, defendant respectfully requests the within Complaint be dismissed with costs as allowed by law. Respectfully submitted, NEALON & GOWER,P.'C. By: Andrew C. Lehman, Esquire Attorney I.D. No. 81937 2411 North Front St. Harrisburg, PA '17110 Date:s `1? (717) 232-9900 VERIFICATION I, A. Thomas Ditlow, verify that the statements made in the foregoing ANSWER TO COMPLAINT 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. Date: J q CERTIFICATE OF SERVICE; AND NOW, this -P- day of May, 2004, 1 hereby certify that I have served the foregoing ANSWER TO COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lee C. Swartz, Esquire TUCKER, ARENSBERG & SWARTZ 111 North Front Street Harrisburg, PA 17101 Andrew C. Lehman, Esquire (? N c? U .y fil=l r- o?n r ti ??? ?. ?- r. -a :. .. - ,..`? ` _ G? -'? -?C STEPHEN and JOANNE URBAN, Plaintiffs, V. A. THOMAS DITLOW, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-3680 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the undersigned's appearance on behalf of the Defendant, A. Thomas Ditlow, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: Date: Andrew C. Lehman, Esquire I.D. #: 819137 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ?ay of December 2004, 1 hereby certify that I have served the foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lee C. Swartz, Esquire TUCKER, ARENSBERG & SWARTZ 111 North Front Street Harrisburg, PA 17101 Andrew C. Lehman, Esquire STEPHEN and JOANNE URBAN, IN THE COURT OF COMMON PLEAS Plaintiffs, CUMBERLAND COUNTY, PENNA. V. NO.: 03-3680 A. THOMAS DITLOW, CIVIL ACTION - LAW Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, A. Thomas Ditlow, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. E3y: --?ka?Aor Michael S. Ferguson, Esquire I . D. #: 83882 2411 North Front Street Harrisburg, PA 17110 Date: 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this ? day of December 2004, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Lee C. Swartz, Esquire TUCKER, ARENSBERG & SWARTZ 111 North Front Street Harrisburg, PA 17101 Michael S. Ferguson, Esquire ,.,,, ?. ?- ' -- -: i _.. ? ?-i ' ' ,?.> ? ? , . .__ '` , Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary . t e ?rat?jv?vtac?p ?fftce of ? ttLulu?er[an? C'puntp John E. Slike Solicitor CIVIL TERM w OF COURT CASES OF TERMINATION ORDER ER 2007 AFTER MAILING E ABOVE F Tx DAY OF NOVEMB NO RESPONSE T CE WITH PA AND NOW THIS 5 AND RECEIVING ICE IN ACCORDAN INTENTION TO PROCEEEINAT )WITH PRETUD CASE IS HEREBY R C P 230.2• ISR LONG BY TTCUR PROTHONOTARY n.,p ['.ourthouse Square • Carlisle, Pennsylvania 1,7013 (717) 240'6195 Fax (717) 240-6573