The URL can be used to link to this page

Home My WebLink About07-4181IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD J. LAWRENCE, JR. 563 BENDERSVILLE-WENKSVILLE ROAD ASPERS, PA 17304 ; Plaintiff v. MARIE F. YOUNG 1090 CREEK ROAD . CARLISLE, PA 17013 Defendant N0.2007 ~7- ~{ ($ ~ JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS ~ TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass against the Defendant in the above case. XX Writ of Summons shall be issued and forwarded to Sheriff F~~E= of DA L~ E. AN6TlNH• Y. (`. You. £srne~wxu ~~aoa DATE: /~ Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintiff SUMMONS IN CIVIL ACTION TO: Marie F. Young, 1090 Creek Road, Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMEN AN ACTION AGAINST YOU. ., DATE: _ 7 BY Deputy ~- ....~ c~ ~ w _ C #~ ~ ~ ---- ; _ ' x ti,-~ G'' , •, V i ,~ ~ t ~ b - ~. ~ .~ ?, rn ~ '' ~_ ~ tN =~ ~ ~ ~ L SHERIFF'S RETURN - REGULAR CASE NO: 2007-04181 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAWRENCE RICHARD J JR VS YOUNG MARIE F SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS YOUNG MARIE F was served upon the DEFENDANT at 0946:00 HOURS, on the 18th day of July 2007 at 1090 CREEK ROAD CARLISLE, PA 17013 MARIE YOUNG by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge p J 1G~D7 ~~.,~ Sworn and Subscibed to before me this of So Answers: 18.0 0 '~%-,~'4-~ 5.76 .41 10.00 R. Thomas Kline .00 34.17 07/19/2007 DALE E ANSTINE .~- By: day uty Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. LAWRENCE, JR No. 2007-4181 Plaintiff CIVIL ACTION -LAW v. • MARIE F. YOUNG JURY TRIAL DEMANDED Defendant . PRAECIPE TO AMEND CAPTION OF WRIT OF SUMMONS 'i To The Prothonotary: Please amend the caption on the attached Writ of Summons to include Cathy Lawrence as an additional Plaintiff on the above-captioned matter. Respectfully Submitted: LAW OFFICES OF DALE E. ANSTINE, P.C. ~~~wL~ Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) X46 - 0606 Attorney for the Plaintiffs Yona oPenn.c cv a ~l+on I; ~ , I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RICHARD J. LAWRENCE, JR. . ~ 563 BENDERSVILLE-WENKSVII.,LE ROAD ASPERS, PA 17304 . Plaintiff ; v. MARIE F. YOUNG . 1090 CREEK ROAD . CARLISLE, PA 17013 : Defendant _ No. 2oo7-su- ~t8 JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS wW OFIKCS OF ~.-r.t E. Aaer~xm. P. C. YOYL Perre~uu 1>eoe TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass against the Defendant in the above case. XX Writ of Summons shall be issued and forwarded to Sheriff DATE: /~ ' Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintiff SUMMONS IN CIVIL ACTION TO: Marie F. Young, 1090 Creek Road, Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE AN ACTION AGAINST YOU. DATE: N1 ~ l~a~..~[~p'7 `l Y 7 ~~~' ~ F'I~OM RE~OA~ D~u~' s ~o sett ~: ab ~ Hof said ~~~~~I ~t ter, P~. ~o Civil Divisi ~~ rv ~._' -~° ~ }} ~ t~ _ ~ ~_ ~~ ~ L wi~M1.. ~_. C ~ ~ ..~,; t .,,,,.. GJ C.~? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. LAWRENCE, JR. and No. 2007-4181 CATHY LAWRENCE Plaintiff v. MARIE F. YOUNG Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO AMEND CAPTION OF` WRIT' OF SUMMONS ~ To The Prothonotary: Please amend the caption on the above-referenced matter to withdraw Cathy Lawrence as an additional Plaintiff on the above-captioned matter. Respectfully Submitted: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintiffs B~ALID Ep.S:e STa Nd.]. 73. Z', ]oae, PR.rnsr..vwn... ~~~on ~~ Q ' r'1' ~3 R~ f q? "'~ "3 r = ~ C°.. ~ -~ C77 ~? ~ , ! ~-`:-~- ~, -, ~ a y- ~ i fl. e` 7V ~. a_ - ~ ^ . . C~ ~' ~-. .--,~ .~ "'""' "~ w"" '{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RICHARD J. LAWRENCE, JR. Plaintiff v. MARIE F. YOUNG, Defendant NO.2007-4181 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 ~aa. ao l:pW~~aamaw a•:, la, i'.. Y'oree.oPev~svi~wcug i Gaon 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 maybe 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, 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 REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL RICHARD J. LAWRENCE, JR. Plaintiff v. MARIE F. YOUNG, Defendant . N0.2007-4181 CIVIL ACTION-LAW JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 ~D.e a. au F.A ~®er~manTiJ. 7', d', io...w.PS...~...,...w.os LISTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accibn dentro de veinte (20) digs a partir de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defenses 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 notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. LISTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARR LISTED. LISTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI LISTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE : 1-800-990-9180 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD J. LAWRENCE, JR. Plaintiff v. MARIE F. YOUNG, Defendant COMPLAINT NO. 2007-4181 CIVIL ACTION-LAW JURY TRIAL DEMANDED 1. The Plaintiff, Richard J. Lawrence, Jr., is an adult individual residing at 563 Bendersville-Wenksville Road, Aspers, Pennsylvania 17304. 2. The Defendant, Marie F. Young, is an adult individual residing at 1090 Creek Road, Carlisle, Pennsylvania 17013. 3. On October 25, 2005, the Defendant was the operator of a 1999 Ford truck bearing PA registration plate YLK9465 owned by and used with the permission of Guy W. Young. 4. On October 25, 2005, at approximately 3:00 p.m., Plaintiff Richard J. Lawrence, Jr., was walking in a pedestrian crosswalk at the Wal-Mart located at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania. 5. At that same time and place, the Defendant was driving her vehicle in the Wal-Mart ~a~. t~ F~~~wwTUQVS. In, ~t'e parking lot, when she struck the Plaintiff in the crosswalk with her vehicle resulting in injuries and damages to the Plaintiff. 6. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 7. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 8. The negligence of Defendant Young consisted of the following; a) Failing to properly operate and control her motor vehicle; b) Failing to keep alert and maintain a proper lookout for the presence of pedestrians on the streets and highways; c) Operating her vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. §3714; d) Violating 75 Pa. C.S. §3542; e) Failing to observe the presence of the Plaintiff when the Defendant knew or should have known of the presence of the Plaintiff; and f) Failing to stop or take other evasive actions prior to striking the Plaintiff with her vehicle. 9. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to multiple contusions, back pain, right shoulder injury, right knee injury, cervical radiculitis, cervical disc herniation, dental injuries, and a severe shock to his nerves and nervous system. 10. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries he has suffered, and he will continue to incur medical expenses in the future. I).a ~. as E,~.9xaa~rur n. I', 1'. row oe.:rek»r~~..H..s ~~ soo 2 11. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of his earnings and impairment of his earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 12. 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 his pursuit of daily activities, all to his 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. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. ~- Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846 - 0606 HD.~u.E F..~~Siv~m¢iv x~. A'. 4•. Yox., cYe NUevivnxies ~>aon 3 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ _ !' Richar .Lawrence, Jr. l)A~H ~)p aO YdiTHVF.. 9~. Q~- Yoree, Pea~varvvexug ~~hoe ~ ' ~; ~ ~":~ r r~ _ ,,,~ t'~°# `r' 4 ~'; a7" ;' - r--; --~..~ .... _... ti , ~'. ('t „~, Johnson, Duffie, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjst~jdsw.com Attorneys for Defendant RICHARD J. LAWRENCE, JR. and IN THE COURT OF COMMON PLEAS OF CATHY LAWRENCE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. : : NO. 2007- 4181 Civil Term MARIE F. YOUNG, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Marie F. Young in the above-captioned matter. Date: September 10, 2008 344163 JOHN~I, DUFFIE, STEWART & WEIDNER By: ~/effeFson J. Shipman, Esq'IJire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorney for Defendant .. -~. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 1Q, 2008: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER J erson J. Shipman, squire ~ , ~~- ~.. .~ c . . cn r~ ~ t `~~> ~1 ~ ~ ~~ -mot Johnson, Duffle, Stewart 8 Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant RICHARD J. LAWRENCE, JR. and IN THE COURT OF COMMON PLEAS OF CATHY LAWRENCE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION -LAW MARIE F. YOUNG, Defendant PRAECIPE TO THE PROTHONOTARY: NO. 2007- 4181 Civil Term JURY TRIAL DEMANDED PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. J ON, DUFFIE, STEWART & WEIDNER Date: September 10, 2008 fferson J. Shipman, Esquire RULE TO: Plaintiffs Richard J. Lawrence, Jr. and Cathy Lawrence Go Leah B. Graff, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: 9~/a~o8 Protho o ary 344165 ., --ti, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 14, 2008: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART ~ WEIDNER J erson J. Shipman, squire 344165 ~ ~ ~ - n ~,~~; ~. r > ' mo cn : ~:; -. ~' ,,, o ~~ R ~ ~1~ F ~'~ 4 r A:-- ~~+" 1 Johnson, Duffle, Stewart 8 Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jisCcajdsw.com RICHARD J. LAWRENCE, JR. and IN THE COURT OF COMMON PLEAS OF CATHY LAWRENCE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. : NO. 2007- 4181 Civil Term MARIE F. YOUNG, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on September 12, 2008, and served on the date reflected in the attached Certificate of Service. Respectfully submitted, DUFFIE, STEWART 8~ WEIDNER Date: September 17, 2008 saassa ~efferson J. Shipman, Estluire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant •.. CERTIFICATE OF SERVICE I HeRESY cERTiFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on September 12, 2008, upon counsel for Plaintiffs, by depositing same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, addressed to the following on September 17, 2008: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER w CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 17, 2008: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART 8~ WEIDNER ~_ ~G.g < "~+ '_.'+. f ~ '~...r' .'_'~ Y' . ~ . ~ 4.J ~ . ~ (,~ Y +c. ~~ yy ..[.J • i Johnson, Duffie, Stewart 8 Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs~jdsw.com Attorneys for Defendant RICHARD J. LAWRENCE, JR. and CATHY LAWRENCE, : Plaintiffs v. CIVIL ACTION -LAW NO. 2007- 4181 Civil Term MARIE F. YOUNG, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD TO: Plaintiffs and Leah B. Graff, Esquire Two West Market Street P.O. Box 952 York, PA 17405 JURY TRIAL DEMANDED YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. DUFFIE, STEWART & WEIDNER /1 ,.. Date: September 26, 2008 ffer~on 3. ~h'ipman, Esqui ttorney I.D. No. 51785 01 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attomeys for Defendant By: Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant RICHARD J. LAWRENCE, JR. and CATHY LAWRENCE, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007- 4181 Civil Term MARIE F. YOUNG, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Marie F. Young, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. The averments contained in paragraph number 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph number 4 are denied. 5. Admitted in part; denied in part. It is admitted that the Defendant was driving her vehicle in the Wal-Mart parking lot. The remaining averments of paragraph number 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph number 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph number 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in paragraph number 8 and subparagraphs a) through f) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. a) Denied. It is specifically denied that Ms. Young failed to properly operate and control her motor vehicle; b) Denied. It is specifically denied that Ms. Young failed to keep alert and maintain a proper lookout for the present of pedestrians on the streets and highways; c) Denied. It is specifically denied that Ms. Young operated her vehicle in careless disregard for the safety of others and the Plaintiff. It is further denied that Ms. Young was in violation of 75 Pa.C.S.A. § 3714; 2 d) Denied. It is specifically denied that Ms. Young operated her vehicle in violation of 75 Pa.C.S.A. § 3742; e) Denied. It is specifically denied that Ms. Young was negligent in allegedly failing to observe the presence of the Plaintiff when the Defendant knew or should have known of the presence of the Plaintiff; and f) Denied. It is specifically denied that Ms. Young was negligent in allegedly failing to stop or take other evasive action prior to allegedly striking the Plaintiff with her vehicle. 9. Denied. The averments contained in paragraph number 9 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Young is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 9 and the same therefore denied, and strict proof is demanded at the time of trial. 10. Denied. The averments contained in paragraph number 10 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Young is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 10 and the same therefore denied, and strict proof is demanded at the time of trial. 11. Denied. The averments contained in paragraph number 11 are in part conclusions of law and fact to which no response is required. If a response is deemed 3 to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Young is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 11 and the same therefore denied, and strict proof is demanded at the time of trial. 12. Denied. The averments contained in paragraph number 12 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Young is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 and the same therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Marie F. Young, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 13. That the Plaintiffs' alleged cause of action may be barred by the Pennsylvania Comparative Negligence Act. 14. That the Plaintiffs' comparative negligence included the following: (a) failing to be attentive to the presence of Defendant's vehicle; (b) walking and stepping in a hurry or otherwise inappropriate manner; (c) stepping directly into the path of the Defendant's vehicle; (d) failing to be attentive to the traffic conditions; 4 (e) failing to take an alternative route to walk within the crosswalk or designated pedestrian area. 15. That the Plaintiffs' comparative negligence was a substantial factor or factual cause of the Plaintiffs' alleged injuries. 16. That the Plaintiffs' alleged injuries may have been pre-existing; 17. That the Plaintiff failed to mitigate his alleged injuries; 18. That the Plaintiff may have assumed the risk of his alleged injuries; WHEREFORE, the Defendant, Marie F. Young, respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER fferson J. Ship an, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: September 26, 2008 345146 5 VERIFICATION I, Marie F. Young, have read the foregoing Answer and New Matter, 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. Marie F. Young Date: ~' f.~ 345156 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 26, 2008: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER efferson J. Ship an, Esquire ~ ~ ~,. r~ c.:r5 -~ r ~ ~ ,~ e Ct lt3 ~ ~-'• _.. 141 ~ ~ . `. .ry . _~ yr ~} ~.{ -'~ RICHARD J. LAWRENCE, JR. Plaintiff v. MARIE F. YOUNG Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a'.~.~ ~A~,~~,~~~e,.., an. 2~ Y..xe, oPe~. ~cE ewsae ~i Boa No. 2007-4181 CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER OF DEFENDANT 13. Denied. The allegations contained in Paragraph 13 is a conclusion of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore denied, and strict proof thereof is demanded at trial, if relevant. 14. Denied. The allegations contained in Paragraph 14 is a conclusion of law to which the Pennsylvania Rules of Civil Procedure require no responsive pleading, is therefore denied, and strict proof thereof is demanded at trial, if relevant. It is specifically denied that Plaintiff: a. Failed to be attentive to the presence of Defendant's vehicle; b. Walked and stepped in a hurry or otherwise inappropriate manner; c. Stepped directly into the path of the Defendant's vehicle; d. Failed to be attentive to the traffic conditions; and e. Failed to take an alternative route to walk within tl~e crosswalk or designated pedestrian area. 15-18. Denied. The allegations contained in Paragraphs 15 through 18 are 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. a WHEREFORE, the Plaintiff, Richard J. Lawrence, Jr., respectfully requests that judgment be entered in his favor and against the Defendant. Respectfully Submitted: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, sgture Attorney ID No. 29176 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 Attorney for the Plaintiffs 3~A~.~ a.p~.~:~~T,~a., nA. c. l..a~.aYervmnr~vwx.ws~~ E...S 2 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Reply to New ~.a~.~, e.A~~v~T~~~.. ~>. ~~. Yoex, oPxccsr~vnN~~ ~~eoa Matter is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to -~~sv~crn faisificatiotr %s~ authorities. Date: 9 ~~~~ Richard . Lawrence, J . CERTIFICATE OF SERVICE AND NOW, this 29~' day of September, 2008, I, Leah B. Graff, Esquire, a member of the Law Offices of Dale E. Anstine, P.C., hereby certify that I have this date served a copy of the foregoing Plaintiff's Response to New Matter of Defendant by first class United States mail, postage pre-paid, addressed to the party or attorney of record as follows: Jefferson J. Shipman, Esq. Johnson, Duf~ie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 LAW OFFICE OF DALE E. ANSTINE, P.C. ~~~ Leah B. Graff, Esquire Attorney for Plaintiff ,os..we~~yf~•,,.~u ~~,~, 3 ~ ~ =~ , _ c_--~ ~ t': ~ i r ~..„r„ ~?+,r1 % .e. i ~ .: ~.. ti(~ ~„ ~_` '- ~ l~~ r, > . 'cJ c.~~ •-c RICHARD J. LAWRENCE, JR. and CATHY LAWRENCE, Plaintiffs v. NO. 07-4181 CIVIL TERM MARIE F. YOUNG, 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Leah B. Graff, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, NSON, DUFFIE, STEWART & WEIDNER fferson J. Shipman, squire ttorney for Defendant ORDER OF COURT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2009, in consideration of the foregoing petition, Esq., and Esq. and captioned action (or actions) as prayed for. Esq. are appointed arbitrators in the above- By the Court, 378090 Edgar B. Bayley CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Appointment of Arbitrators has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on September 22, 2009: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Y J erson J. Shipman ."4f ` ~,~~~4-i 4 yi ..t 2Q09 5~f' 23 E~'i ~~ ~. t , a. ~ "~` ,,.~ /(~~ 8 ~ y,1J7~ 7~. ~ 3133 ~~p9s3 r r RICHARD J. LAWRENCE, JR. and CATHY LAWRENCE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4181 CIVIL TERM v. MARIE F. YOUNG, Defendant CIVIL ACTION -LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jefferson J. Shipman, counsel for the Defendant in the above action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action is under $50,000. There is no counterclaim. The following attorneys are interested in the case as counsel, or are otherwise disqualified to sit as arbitrators: Leah B. Graff, Esquire (Plaintiffs) and Jefferson J. Shipman, Esquire (Defendant) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. r AND NOW, this Esq. and Campo. C, . (J.S7.a-t-Pilli~~ captioned action (or actions) as prayed for Respectfully submitted, NSON, DUFFIE, STEWART & WEIDNER fferson J. Shipman, squire ttorney for Defendant ORDER OF COURT ' 22009, in consideration of the foregoing petition, Esq., and ,(5c,~~ l~ ~. ~~~ . Esq. are appointed arbitrators in the above- e Cou ,, 1 G Edgar B. Bayley 378090 Z~09 SEP ~~ ~t'~ ?,~: 2L' CUt" +'~~;r~' 4~~~/~- ~~- m~.~C~~ ~ - s~~~~~ ~ ~ ~. ~~~ 2~~p c~,J~~c~,p~ (l~l.A~zc~ ~ `~dVNG Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.25'AZ- ~`g Civil Action -Law. Oath We do solemnly swear (or af~-m) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the d four office with fidelity. '~ Signature Signature ~ Si e ~~E 1~~~ Name (Chairman) ~- caw ~<c~~ Law Firm Address city, zip Name ~ct~v ~~f (~ ~V~s~~ P~~~ Law Firm Address ~c.~i~cy) iCS ~~ ~~ 17~5~.` city, Zip~- ~.~ OEs ~~'~zinlG Name D ~S 7~.2CiNG ~ fj,Q~,tB,el~Si~,e Law Firm /'D .BOX ~,3 Address l y~'CC/AN/ CS~3c'~'G ~ Pfd ~~G~S city, Zip Award We, the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the following award: (Note: ~.f damages for delay aze awazded, they shall be sepazately stated.) name if Date of Hearing: Co 4 (_ Date of Award: CG O'`~ i ,; ...... .. '.:H .~~ 5 of Entry of Award Now, the ~ ~ day of ~£[~, 20~~ at g :?~3 , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be pa.'d upon appeal: $ ~S'p a~c~ By: Prot}~:..iotary Deputy ;r,, ~ ~~~ ~~ X1{:1 b. ~, J t~~ ,~ ~;~~~ ~ ,,~ ~lu s ~1°y ~v ~`'1 ~~~ ~,. • G~~~ ~ , g~, 4~,,,~ ~n~. _ ~q~. ~, ~.. Johnson, Duffie, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com RICHARD J. LAWRENCE, JR. and CATHY LAWRENCE, Plaintiffs v. MARIE F. YOUNG, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 4181 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND SATISFY DALE E. ANSTINE, P.C. JOHNSON, DUFFIE, STEWART & ERIE By: ~~~ ~ B Leah B. Graff rson J. Shi man DISCONTINUANCE CERTIFICATE TO THE PROTHONOTARY: ~ o ~ s• Please mark the above captioned action settled and disconti ~ ay~Did t arbitrators' award satisfied. ' s ~~ .. AND NOW, this~~ y of , 2010 suit has been marked as above directed. ~~ THONOTARY :391502 CERTIFICATE OF SERVICE AND NOW, this ~ day of March, 2010, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Leah B. Graff, Esquire Law Offices of Dale B. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mi elle Spangler :391502 2