Loading...
HomeMy WebLinkAbout07-4772IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK 23 N. Pin Oak Drive Boiling Springs, PA 17007, Plaintiffs vs. MARGARET A. STEIGLEMAN 129 West Pine Street Mt. Holly Springs, PA 17065, Defendant TO THE PROTHONOTARY: :: CIVIL ACTION-LAW :: NO. 07-4772 CIVIL TERM :: MOTOR VEHICLE CASE PRAECIPE Please change the address of Defendant, Margaret A. Steigleman, from 125 West Pine Street, Mt. Holly Springs, PA 17065, to 129 West Pine Street, Mt. Holly Springs, PA 17065. Date: August 14, 2007 ,/J Roger M. Morgenthal, E uire I.D. No. 17143 Attorney for Plaintiffs 2515 North Front Street Harrisburg, PA 17110-1150 Telephone: (717) 909-4383 0 " l ~ ~:fi ~ . :. .T. u ~ ';'"1 ~'S ; ~ra~ ",~"i ~~.i u°-° t -, ~~ -~ -; ;:. _. ~7'ri t _ -- ~ SHERIFF'S RETURN - REGULAR CASE N0: 2007-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK JOSEPH O ET AL VS STEIGLEMAN MARGARET A CPL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STEIGLEMAN MARGARET A the DEFENDANT at 1058:00 HOURS, on the 23rd day of August 2007 at 129 WEST PINE STREET MT HOLLY SPRINGS, PA 17065 by handing to EDWARD STEIGLEMAN (HUSBAND) 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 5.76 Postage .41 Surcharge 10.00 .00 g`~~,3'~b? ~ 34.17 Sworn and Subscibed to before me this day of , So Answers: 1- ~~~ R. Thomas Kline 08/24/~nn~ ROGER B A.D. .. ti Johnson, Duffle, Stewart & 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 JOSEPH O. YORK and JANICE C. YORK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 2007- 4772 Civil Term MARGARET A. STEIGLEMAN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of Defendant Margaret A. Steigelman in the above-captioned matter. Date: September 10, 2008 3aa~ss Attorneys for Defendant JOHNSOfy,, DUFFIE, STEWART & WEIDNER By: efson J. Shipman, EsFuire orney I.D. No. 51785 01 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 1 d, 2008: Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Jefferson J. Shipma ,Esquire axe ~ ~ ~ r f t ' c.7 1"s'! t' r .,. ,~ ' ~' ~,,, ~ " , ,r ~;._ ~~ ° ~ .wr~ z .a« ~ ' - .~` ~^.. '"~ ~-. Johnson, Duffle, Stewart & 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 cLDjdsw.com JOSEPH O. YORK and JANICE C. YORK, Plaintiffs v. MARGARET A. STEIGLEMAN, Defendant TO THE PROTHONOTARY: Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007- 4772 Civil Term JURY TRIAL DEMANDED PRAECIPE 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. JO ON, DUFFIE, STEWART & WEIDNER Date: September 10, 2008 J fferson J. Shipma ,Esquire RULE TO: Plaintiffs Joseph O. York and Janice C. York c/o Roger M. Morgenthal, 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~Da Pr onotary 344165 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 1,, 2008: Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 Attorneys for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER er on J. Shi man, Esquire 344165 ~i ;~ix° - ' ,? < r-- ~J:r ~ -' .... `F7 l tL~ ... fy r~ ~~r .~.`. ..~ Johnson, Duffie, Stewart 8- Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant LD. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109. Phone: (717) 761-4540 E-mail: iista7jdsw.com JOSEPH O. YORK and IN THE COURT OF COMMON PLEAS OF JANICE C. YORK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW v. NO. 2007- 4772 Civil Term MARGARET A. STEIGLEMAN, 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. Date: September 17, 2008 ~aass~ Respectfully submitted, JOHNSf~ DUFFIE, STEWART & WEIDNER By: Je erson J. Shipman, Esgi A rney 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 HEREeY CERriFV 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: Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER ey Jefferson J. Ship an, Esquire 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: Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 Attorneys for Plaintiffs IE, STEWART 811~IDNER By y Jefferson J. Shipman, Esquire ~° ~ ~' w 'xy ~ ~ t ~ r~~ ~ ~. ~ ~~ `~j.._ ~' ~ ~ P72 4 ~ .~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK CIVIL ACTION-LAW Plaintiffs NO.07- 4772 CIVIL TERM v. MARGARET A. STEIGLEMAN Defendant 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK Plaintiffs v. MARGARET A. STEIGLEMAN Defendant CIVIL ACTION-LAW NO. 07- 4772 CIVIL TERM COMPLAINT AND NOW comes Plaintiffs, Joseph O. York and Janice C. York, by and through their attorneys, Smigel, Anderson & Sacks LLP, to make the following Complaint against Defendant Margaret A. Steigleman and aver in support as follows: 1. Plaintiff Joseph O. York is an adult individual who resides at 23 North Pin Oak Drive, Boiling Springs, York County, PA 17007. 2. Plaintiff Janice C. York is an adult individual who resides at 23 North Pin Oak Drive, Boiling Springs, York County, PA 17007. 3. Plaintiff Joseph O. York and Plaintiff Janice C. York are wife and husband. 4. Defendant Margaret A. Steigleman is an adult individual who resides at 129 West Pine Street, Mt. Holly Springs, PA 17065. 5. The facts and occurrences hereinafter related took place on August 17, 2005 on York Road (State Route 74), near the intersection with Cedar Avenue (Route 662), in South Middletown Township, Cumberland County, Pennsylvania. 6. At that time and place, Plaintiff Joseph O. York was operating his motorcycle, a 2001 Harley-Davidson, eastbound on York Road. 7. At that time and place, Defendant Steigleman was operating her motor vehicle, a 2001 GMC Jimmy, on a traffic way north of York Road, approaching the intersection of York Road. 8. Defendant Steigleman pulled her vehicle from a lawfully posted stop sign on the traffic way north of York Road, turning into the intersection eastbound onto York Road directly into the path of Plaintiff Joseph York's motorcycle. 9. The collision caused Plaintiff Joseph York's motorcycle to strike Defendant Steigleman's passenger rear side door, causing Plaintiff Joseph York's motorcycle to travel another 10 feet toward the west before coming to rest, partially blocking the southbound lane of Cedar Avenue. 10. The collision caused Plaintiff Joseph York to be thrown from his motorcycle and to land in a southwesterly direction in the southbound lane of Cedar Avenue. 11. After the collision, Defendant Steigleman's motor vehicle traveled an additional 50 feet before coming to a controlled stop on the western shoulder of Cedar Avenue facing south. 12. As a result of the collision, Plaintiff Joseph York suffered severe injuries and damages as are hereinafter set forth. 2 COUNTI Negligence Joseph York v. Margaret Steigleman 13. Each and every preceding paragraph of this Complaint is incorporated herein by reference as if the same were more fully set forth herein. 14. As the driver of the GMC Jimmy, Defendant Steigleman had the duty to at all times: a. Exercise the ordinary care required of motorists while driving; b. Obey the Pennsylvania Motor Vehicle Code and all posted signs; and c. Have the vehicle under such control that it could be stopped before causing injury to any person. 15. The foregoing incident and all the injuries and damages set forth hereinafter are the direct and proximate result of the negligence, careless, wanton and/or reckless manner in which Defendant Steigleman operated her vehicle in that she: a. Failed to stop and/or yield her vehicle at a properly posted stop sign before entering the intersection in violation of 75 Pa. C.S. §3323 of the Motor Vehicle Code; b. Entered an intersection when she knew or reasonably should have known that vehicles such as Plaintiff Joseph York's were approaching the intersection, in violation of 75 Pa. C.S. §3322 of the Motor Vehicle Code; c. Failed to exercise caution or care when entering York Road without first yielding the right-of--way to vehicles such as Plaintiff Joseph York's motorcycle in violation of 75 Pa. C.S. §3324 of the Motor Vehicle Code; d. Failed to have her vehicle under proper control; 3 e. Failed to drive her vehicle at a safe and reasonable speed when entering an intersection from a properly posted stop sign; f. Inattentively operated her motor vehicle and failed to maintain a sharp lookout for the presence of other motor vehicles traveling on the roadway, such as Plaintiff Joseph York's motorcycle; g. Failed to apply her brakes in such a manner so her vehicle could be stopped in time to avoid the collision with Plaintiff Joseph York's motorcycle; h. Failed to drive in a reasonable and safe manner as to be able to avoid damaging Plaintiff Joseph York and his motorcycle in violation of 75 Pa. C.S. §3714 of the Motor Vehicle Code; and i. Failed to maintain her vehicle in a reasonable state of repair which would enable her to operate her motor vehicle safely on the roadway; 15. Solely as a direct and proximate result of the negligent acts of Defendant Steigleman, Plaintiff Joseph York sustained the following injuries, all of which are or may be of a permanent and serious nature: a. Comminuted fracture of the middle phalanx, left ring finger, with resulting swelling, pain and stiffness; b. Left metacarpal neck fracture of the small finger, with resulting swelling, pain and stiffness; c. Permanent loss of range of motion of both the ring and small fingers of the left hand; d. Cervical strain with myofascial pain; e. Left lateral rib contusion with pain; 4 f. Left knee pain with swelling and stiffness; and g. Chronic pain. 16. By further reason of the collision, Plaintiff Joseph York has been damaged as follows: a. He has been afflicted with pain, suffering, and inconvenience; b. His general health, strength, and vitality have been impaired; c. He has suffered a loss of life's pleasures; d. He has and may continue to be required to spend money for medicine, therapy and medical care/treatment; e. He may continue to suffer loss of income and impairment of earning capacity; and f. He has and may continue to be limited in his normal activities. WHEREFORE, Plaintiff Joseph O. York respectfully requests this Honorable Court to enter judgment against the Defendant in a sum in excess of $50,000 together with interest and costs of suit. COUNT II Loss of Consortium Janice C. York v. Margaret Steigleman 17. Each and every preceding paragraph of this Complaint is incorporated herein by reference as if the same were more fully set forth herein. 18. As a result of the aforementioned injuries sustained to her husband, Plaintiff Joseph O. York, Plaintiff Janice C. York has been and may in the future be deprived of the care, companionship, consortium, conjugal services, affection and society of her husband, all of which have been to her great detriment, and a claim is made therefore. 5 WHEREFORE, Plaintiff Janice C. York respectfully requests this Honorable Court to enter judgment against the Defendant in a sum in excess of $50,000 together with interest and costs of suit. Date: October 15, 2008 By: g o genthal, Esquire Attorney LD. No. 17143 Darryl J. Liguori, Esquire Attorney I.D. No. 91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs Respectfully submitted, SM EL, E ON & SACKS, L.L.P. Ro er M. r 6 VERIFICATION I, Joseph O. York, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~~ - /S - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK Plaintiffs CIVIL ACTION-LAW NO. 07- 4772 CIVIL TERM v. MARGARET A. STEIGLEMAN Defendant CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for Plaintiffs, hereby certify that on this date, a true and correct copy of the foregoing Complaint has been served upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage pre-paid, and addressed as follows:. Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: October 15, 2008 SMIGEL, ANDERSON & SACKS, L.L.P By: Roger ` . Mor n 1, Esqui Attorney I.D. No. 17143 Darryl J. Liguori, Esquire Attorney I.D. No. 91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs t... _p: 'Ta;`' ~~ :;, ~'% :I: r ?~ r~ ~~ ~„ ~~ JOHNSON, DUFFIE, STEWART ~ 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 JOSEPH O. YORK and JANICE C. YORK, Plaintiffs v. MARGARET A. STEIGLEMAN, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO PLEAD TO: ~ Joseph O. and Janice C. York and their attorney, Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 CIVIL ACTION -LAW NO. 2007- 4772 Civil Term 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. JOHNyS~ DUFFIE, STEWART &WEIDNER By' .~~7.'.; Date: November 3, 2008 er~on J. Shipman, Esqui torney I.D. No. 51785 . O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant .IOHNSON, DUFFIE, STEWART 8a 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 cLDjdsw.com Attorneys for Defendant JOSEPH O. YORK and IN THE COURT OF COMMON PLEAS OF JANICE C. YORK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION -LAW v. NO. 2007- 4772 Civil Term MARGARET A. STEIGLEMAN, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Margaret A. Steigleman, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. After reasonable investigation, Mrs. Steigleman is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 3. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part; denied in part. It is admitted only that Mrs. Steigleman was operating a 2001 GMC Jimmy. The remaining averments of paragraph number 7 are denied as stated. 8. Denied. The averments contained in paragraph number 8 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. 9. Denied. The averments contained in paragraph number 9 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. 10. Denied. After reasonable investigation, Mrs. Steigleman is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 10 and the same are therefore denied. 11. Denied. The averments contained in paragraph number 11 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. 12. Denied. After reasonable investigation, Mrs. Steigleman is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 12 relating to Plaintiffs' alleged injuries and the same are therefore denied, and strict proof demanded at the time of trial. 2 COUNT I -NEGLIGENCE Joseph York v. Margaret Steigleman 13. Mrs. Steigleman incorporates herein by reference her answers to paragraphs 1 through 12 as though fully set forth herein at length. 14. Denied. The averments contained in paragraph number 14 and subparagraphs a., b. and c. 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. By further response, it is specifically denied that Mrs. Steigleman was negligent in any manner with respect to Plaintiffs' alleged cause of action. 15. Denied. The averments contained in paragraph number 15 and subparagraphs a. through i. 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. By way of further response, it is specifically denied that Mrs. Steigleman was negligent, careless, wanton, and/or reckless in any manner with respect to Plaintiffs' alleged cause of action. a. Denied. It is specifically denied that Mrs. Steigleman failed to stop and/or yield her vehicle at a stop sign before entering the intersection. It is also specifically denied that Mrs. Steigleman was operating a vehicle in violation of 75 Pa.C.S.A. § 3323; b. Denied. It is specifically denied that Mrs. Steigleman entered an intersection when she knew or reasonably known that vehicles such as Plaintiff Joseph York's were approaching the intersection. It is also denied that Mrs. Steigleman operated her vehicle in violation of 75 Pa.C.S.A. § 3322; 3 c. Denied. It is specifically denied that Mrs. Steigleman failed to exercise caution or care when entering York Road without first yielding the right-of- way to vehicles such as Plaintiff Joseph York's motorcycle. It is also specifically denied that Mrs. Steigleman was acting in violation of 75 Pa.C.S.A. § 3324; d. Denied. It is specifically denied that Mrs. Steigleman failed to have her vehicle under proper control; e. Denied. It is specifically denied that Mrs. Steigleman failed to drive her vehicle at a safe and reasonable speed when entering an intersection from a stop sign; f. Denied. It is specifically denied that Mrs. Steigleman inattentively operated her motor vehicle and failed to maintain a sharp lookout for the presence of other motor vehicles traveling on the roadway; g. Denied. It is specifically denied that Mrs. Steigleman failed to apply her brakes in such a manner so her vehicle could be stopped in time to avoid the collision with Plaintiff; h. Denied. It is specifically denied that Mrs. Steigleman failed to drive in a reasonable and safe manner as to be able to avoid damaging Plaintiff and his motorcycle. It also specifically denied that Mrs. Steigleman was operating her vehicle in violation of 75 Pa.C.S.A. § 3714; Denied. It is specifically denied that Mrs. Steigleman failed to maintain her vehicle in a reasonable state of repair which allegedly enabled her to operate the motor vehicle safely on the roadway. 15. (sic) Denied. The averments contained in paragraph number 15 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. By way of further response, Mrs. Steigleman is without sufficient knowledge or information to form 4 a belief as to the truth of the remaining averments of paragraph number 15 and subparagraphs a. through f. relating to Plaintiff's alleged injuries and the same are therefore denied, and strict proof is demanded at the time trial. WHEREFORE, the Defendant Margaret Steigleman respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II -LOSS OF CONSORTIUM Janice C. York v. Margaret Steigleman 17. Mrs. Steigleman incorporates herein by reference her answers to paragraphs 1 through 16 as though fully set forth herein at length. 18. Denied. After reasonable investigation, Mrs. Steigleman is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph number 18 and the same are therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, the Defendant Margaret Steigleman respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. 5 NEW MATTER 19. That the Plaintiff Joseph O. York was negligent in his operation of the motorcycle. 20. That the Plaintiff s negligence was the legal cause of the happening of the accident. 21. That the Plaintiff s negligence included the following: (a) traveling too fast for conditions in violation of 75 Pa.C.S.A. § 3361; (b) operating a motorcycle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. § 3714; (c) operating a motorcycle while overtaking a vehicle on the right in a negligent manner in violation of 75 Pa.C.S.A. § 3304; (d) failing to be attentive to the position of the Defendant's vehicle; (e) failing to take reasonable actions to avoid the accident; (f) failing to apply his brakes to attempt to avoid the accident; (g) accelerating such that he could not avoid impacting the Defendant's vehicle; (h) failing to take reasonable accident avoidance measures in accordance with rules of the road pertaining to safe operation of motorcycles; and (i) attempting to overtake and pass a vehicle in the same lane in violation of 75 Pa.C.S.A. § 3523. 22. That the Plaintiff may have failed to mitigate his injuries and damages. 23. That the Plaintiffs' alleged cause of action may have been caused by third parties or entities not presently involved in this action. 6 24. That if it should be found that the Defendant was negligent, then her negligence was not the legal cause of the accident or Plaintiffs' alleged injuries. 25. That the accident may have been caused by an intervening/superseding cause. WHEREFORE, the Defendant Margaret Steigleman respectfully requests that judgment be entered in her favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. Je rson J. Shipm ,Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: November 3, 2008 348274 22740-2363 7 VERIFICATION I, Margaret A. Steigleman, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing Answer and New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. "~ ,~: , r, Margare A. Steigl man Date: /~/~ 03 C~~' 348297 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 November 3, 2008: Roger M. Morgenthal, Esquire 4431 North Front Street, Third Floor Harrisburg, PA 17110 Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J e son J. Ship an, Esquire r`~ r.,y ~ - ° -~d . ' ~ ~ ~ I .f ~`4 ~ ~ SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717)234-2401 Roger M. Morgenthal, Esquire rrnoraenthal(cr~sasllp. com Daryl J. Liguori, Esquire dliguori(a~sasllp.com Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK Plaintiffs v. MARGARET A. STEIGLEMAN Defendant CIVIL ACTION-LAW N0.07- 4772 CIVIL TERM PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes Plaintiffs, Joseph O. York and Janice C. York, by and through their attorneys, Smigel, Anderson & Sacks LLP, to file the following Answer to Defendant's New Matter and aver in support as follows: 19. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 21. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. .~ 22. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 23. Denied. The averments of this paragraph contain conclusions of law to which no response is required. under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 24. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 25. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Plaintiffs respectfully requests this Honorable Court to enter judgment against the Defendant in a sum in excess of $50,000 together with interest and costs of suit. Respectfully submitted, SMI , ANDERSON & SSA~CKS, L.L.P. Date: ~' ' (~ By: ~ ~/ v I G ~ Roger M. Morgenthal, Esquire Attorney I.D. No. 17143 Darryl J. Liguori, Esquire Attorney I.D. No. 91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH O. YORK and JANICE C. YORK CIVIL ACTION-LAW Plaintiffs . v. MARGARET A. STEIGLEMAN Defendant N0.07- 4772 CIVIL TERM CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for Plaintiffs, hereby certify that on this date, a true and correct copy of the foregoing Answer to New Matter has been served upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage pre-paid, and addressed as follows:. Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendant Date: ~ (• 6' (~ SMIGEL, ANDERSON & SACKS, L.L.P. /~ B Y' Roger M. Morgenthal, Esquire Attorney I.D. No. 17143 Darryl J. Liguori, Esquire Attorney I.D. No. 91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiffs ~ ° ~ ~ r1 -p - ' ~ .~ ~ ca i ~_ ° - -r= R r; ti_. 5, („J f at : ~ 4~ ~r ,, i ") • G .-G s- - O F THE PROTHONOTARY 20-1 DEC 27 PN 2: 20 CUMBERLAND COUNTY PENNSYLVANIA Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire Attorneys for Defendant 1. D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com JOSEPH O. YORK and IN THE COURT OF COMMON PLEAS OF JANICE C. YORK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. 2007- 4772 Civil Term MARGARET A. STEIGLEMAN, Defendant JURY TRIAL DEMANDED PRAECIPE TO MARK THE DOCKET SETTLED, SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket settled, satisfied and discontinued. SMIGEL, ANDERSON & SACKS, LLP oger M. Morge that, Esquire . Counsel for Plaintiffs DATE: z j zo 20 I I 473566 , DUFFIE, STEWART & WEIDNER rrJ. Shipman/Esquire I for Defendant DATE: J-2, Ag Z I