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Home My WebLink About03-5673 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, 701 Cassel Road, Lot 106 Manchester, York County, PA 17345 Plaintiff : No. 0..3 -S'f.'1J C l~A ._~ I~; 1€J<..rr, vs. : Civil Action - Law HEATHER A. RUDY, 631 Cedar Ridge Lane Mechanicsburg, Cumberland County, PA 17055 Defendant PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff for service. 0'"; rfJ G~. Martz, Esquire Counsel for Plaintiff 96 South Georg reet Suite 430 York, PA 1 01 (717) 852-8379 Supreme Court ID Number: 35554 ***** SUMMONS IN CIVIL ACTION TO: HEATHER A. RUDY YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. (J.~ ~ ~)Q .:h( prOth~ry/C/erk. Civil vision {j- Date: 0d .J.p..l0D.6 I ~~.e:~ ,#"puty 1'.' t- l () *.t fl 0 -- ...... ts ~ c ~ ~ ~ ....' r::> -,~ ~ ~ 2~ n ~,'f~;2 ~ --l (;, ~~' N -".m "9 Cf.) }.(' ...< ~.~9 k Cl b ~ -u ~.;D:B i~ :J: '_Jo ...... 1:- w 3m ~ ~ r..3 i -c::: Q"I -.... SHERIFF'S RETURN - REGULAR CASE NO: 2003-05673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JENNINGS MICHELLE R VS RUDY HEATHER A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RUDY HEATHER A the DEFENDANT , at 2037:00 HOURS, on the 6th day of November, 2003 at 631 CEDAR RIDGE LANE MECHANISCBURG, PA 17055 by handing to HEATHER RUDY 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 Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 .,:-.?"(?_?~/ v/.-a r' ";;:;;..:r~..r<~~_'-c., R. Thomas Kline 11/07/2003 MARTZ & GAILEY Sworn and Subscribed to before By: ~(JA4A D puty Sheriff me this /'1 rE day of ~"JwL;LtJ03 A.D. C-l .uJl 'r0t?,y~ hrothonotary WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-5686 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CUMBERLAND V ALLEY MOTORS, Plaintiff (s) From ROBERTO CARMONA, JR., 63 NORTH 10TH STREET, LEMOYNE, PA 17043 (I) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY. (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $698.77 L.L. $.50 Interest Atty's Comm % Atty Paid $2.50 Plaintiff Paid $34.25 Date: OCTOBER 30, 2003 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonot';)? <.Bv: ~n.... _ P ~~J'J Deputy REQUESTING PARTY: Name ANTHONY J. FOSCHI, ESQUIRE Address: PO BOX 88 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-763-1121 Supreme Court ill No. 55895 SHERIFF'S RETURN - REGULAR ~ASE NO: 2003-05673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JENNINGS MICHELLE R VS RUDY HEATHER A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon RUDY HEATHER A the DEFENDANT , at 2037:00 HOURS, on the 6th day of November, 2003 at 631 CEDAR RIDGE LANE MECHANISCBURG, PA 17055 by handing to HEATHER RUDY 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 Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 ;...?"(.~!,.:</" . r/ A7. .r....;.;~j;;.~~~q>r<~f?f -c.; R. Thomas Kline 11/07/2003 MARTZ & GAILEY Sworn and Subscribed to before By: ~IJAMA - D puty Sheriff me this 1'1 ~ day of 7U~~WL.260.3 A.D. el u.Q ~1Y~ hrothonotary 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHERA. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Heather A. Rudy. L Date: December 1, 2003 By: Do I R. Dorer, Esquire Attorney for Defendant Court I.D.39l26 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. No. 03-5673 HEATHER A. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Gary D. Martz, Esquire Law Offices of Martz & Gailey 96 South George Street Suite 430 York, PA 17401 Date: December 1, 2003 ! fA' Donald R. Dorer, squire Attorney for Defendant, Heather A. Rudy Identification No. 39126 I 0 Q eN 0 ..... ,,, ;.H::; I~ n I ::.gh' N g~ ::>- ~ -r ::II: Q~ ~ ? ~ fir ~ UI 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHERA. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Co or suffer the entry of a Judgment of Non Pros. s hereof Date: December 1. 2003 ilald R. Dorer, Esquire Attorney for Defendant Court LD. 39126 RULE TO FILE COMPLAINT AND NOW, this ~ of =o~ (l s::rn~~ ,2003 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. (L-b ,12 ~ PROTHONOTA ~ 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHERA. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe-Rule to File Complaint to be served by regular first class mail upon: Gary D. Martz, Esquire Law Offices of Martz & Gailey 96 South George Street Suite 430 York, PA 17 , , Donald R. Dorer, Esquire Attorney for Defendant, Heather A. Rudy Identification No. 39126 Date: December 1,2003 . ~ ~ (') 0 ~ f' ~ (.) ~ ~:! ~~ n f~# I -orn ~~ N d~ ~ ,~~ i~ ::II: i;? <5 ..... ~ (JII IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED AVISO Usted Ha Sido Demandado en la corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tamar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 par abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demand as en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualiquier otra queja 0 compensacion reclamados por el Demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Plaintiff Michelle Jennings is an adult individual residing at 701 Cassel Road, #106, Manchester, York County, Pennsylvania 17345. 2. Defendant Heather Rudy is an adult individual residing at 631 Cedar Ridge Lane, Mechanicsburg, Cumberland County, PA 17055. 3. On February 16, 2002 at or about 9: 15 a.m., Plaintiff was the owner and operator of a 1992 Jeep Limited with Pennsylvania Registration Number 66ROADY. Plaintiff was traveling northbound in the 2100 block of Route 15 in Camp Hill, Cumberland County, Pennsylvania. 4. On February 16, 2002 at or about 9:15 a.m., Defendant was the owner and operator of a 1993 Saturn and was also proceeding northbound in the 2100 block of Route 15 in Camp Hill, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Defendant negligently and carelessly allowed her vehicle to strike Plaintiffs vehicle in the rear, causing injuries and damages to Plaintiff as are hereinafter set forth. 6. Said accident and the resulting injuries and damages to Plaintiff were caused solely by the negligence and carelessness of Defendant and were due in no manner whatsoever to any act or failure to act on the part of Plaintiff. 7. The negligence and carelessness of Defendant in the operation of her motor vehicle consisted of, but is not limited to, the following: a) Failure to have her vehicle under proper control; b) Failure to keep a proper lookout for the presence of other motor vehicles on the roadway and surrounding traffic conditions; c) In continuing to operate her vehicle in a direction towards Plaintiff's motor vehicle when Defendant saw, or in the exercise of reasonable diligence should have seen, that further operation in that direction would result in a collision; d) Following Plaintiff's vehicle too closely in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.SA S 3310; e) Failure to operate her vehicle at such a speed and with such control that she could bring her vehicle to a stop within her assured clear distance ahead in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.SA S 3361; f) Operating her vehicle with careless disregard for the rights and safety of other individuals lawfully proceeding on the roadway, including Plaintiff, in violation of the provisions of the Pennsylvania Motor Vehicle Code found at 75 Pa.C.SA 2 ~ 3714; g) Negligence and carelessness at law; and h) Being otherwise careless and negligent under the circumstances and as discovery may reveal. 8. Solely as a result of said accident and the negligence and carelessness of Defendant, Plaintiff has suffered personal injuries including, but not limited to, the following: injuries to her cervical spine and right shoulder/arm with associated symptoms including, but not limited to, radicular symptoms and headaches. 9. Solely as a result of said accident and the negligence and carelessness of Defendant, Plaintiff has been forced to incur medical expenses in treatment of the injuries suffered by her in this accident, the sum of which medical expenses has exceeded or may exceed the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiff will or may continue to incur medical expenses in the future treatment of injuries suffered by her in this accident. 10. Solely as a result of said accident and the negligence and carelessness of Defendant, Plaintiff has suffered a loss of earnings and an impairment of her earning capacity; said loss of earnings and impairment of her earning capacity will or may exceed the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and Plaintiff will or may continue to incur a loss of earnings and an impairment of her earning capacity into the future. 3 11. As a further result of said accident and the negligence and carelessness of Defendant, Plaintiff has suffered and in the future will or may continue to suffer from mental and physical pain and suffering, a loss of enjoyment of life, embarrassment, humiliation, anxiety, and a limitation in her pursuit of daily activities, all to her great loss and detriment. 12. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. WHEREFORE, Plaintiff Michelle Jennings respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of Twenty-five Thousand Dollars ($25,000), plus costs and interest as allowed by law. Respectfully submitted, Date/V~ Gary D. Martz, Esq . e Counsel for Plain. 96 South Geor Street Suite 430 York, PA 401 (717) 85 -8379 Supreme Court ID Number: 35554 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. ; Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED VERIFICATION I, Gary D. Martz, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief, upon information supplied and that Plaintiff's signature could not be obtained within the time required for the filing of this pleading. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. D,ted/~~ By: Gary D. Martz, Martz & Gaile}! LP Counsel for aintiff 96 S. Geo e Street Suite 43 York,R 17401 (717) 52-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this / 6 ~ay Of~/~ 2003, served a true and correct copy of the foregoing Complaint by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Gary D. Martz, E Martz & Gailey- P Counsel for aintiffs 96 S. Ge ge Street Suite 0 Yor , PA 17401 (7 ) 852-8379 I.D. No. 35554 By: () c::; ,.., g ~~ c:> r' n -J -0 :;2: :;.~ =<' (-:2 o -n -I f\;:!l M :?,<:;J bb :t :P ,....")-::-~ ;:;,'?rl :::'~.:", N c:> -po ~1 ., 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHER A. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, HEATHERA. RUDY, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5.-12. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. NEW MATTER 13. Paragraphs I through 12 are incorporated herein by reference, and made a part hereof as if set forth in full. 14. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfully submitted, / LA W O~;IC. ES OF. JA:.L. S. ff? 1[' , , i /~ ," / ... / v'I.' .' By: L' C V Donald R. Dorer, Esquire Attorney for Defendant Identification No. 39126 ASSOCIATES Date: January 12. 2004 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHERA. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Heather A. Rudv . verify that the statements made in the foregoing Answer with New Matter of Defendant. Heather A. Rudv. to Plaintiffs Complaint, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsifications to authorities. Dated:.) 2-00? iVuA a ~(A Heather A. Rudy "'~" . '\." '], ~"(.~ 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHER A. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendant. Heather A. Rudv. to Plaintiff's Complaint to be served by regular first class mail upon: Date: January 12, 2004 Gary D. Martz, Esquire Law Offices of Martz & Gailey 96 South George Street Suite 430 Ymk,PA 174Qlj /, ;' G l(( / , iJ[v L' L" Donald R. Dorer, Esquire Attorney for Defendant, Heather A. Rudy 0 ...., 0 c::> C = -n -. , ,. <- -< ;:;D.... ::1: :D Z fl1r- W :g~ -G ~~~ .. f':':' ' .)' " :~ 0 ;r;?, \,.~) :< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 13. This is an incorporation paragraph to which no responsible pleading is required. To the extent that a responsive pleading is required, the allegations set forth by Defendant in paragraphs one through twelve (1 - 12) of Defendant's Answer to Plaintiff's Complaint are denied and strict proof thereof is demanded at trial. 14. This is a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of Defendant are admitted and denied. It is admitted that the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law apply to the subject action. It is denied that Plaintiff's claims as set forth in Plaintiff's Complaint are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. Strict proof of Defendant's allegation is demanded at trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss and deny Defendant's New Matter and enter judgment against Defendant and in favor of Plaintiff as requested in Plaintiff's Complaint. Respectfully submitted, By: Gary D. Ma ,Esquire Martz & ailey LLP Cou el for Plaintiff 96 . George Street Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED VERIFICATION I, Gary D. Martz, Esquire, do hereby verify that I am the Attorney of Record for the pleading party herein, and that the facts set forth in the foregoing Plaintiff's Reply to New Matter are true and correct to the best of my knowledge, information and belief, upon information supplied and that Plaintiff's signature could not be obtained within the time required for the filing of this pleading. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. D'''d Iffr By: Gary D. Martz, squire Martz & Gail LLP Counsel f Plaintiff 96 S. Gorge Street Suite 30 York, PA 17401 (717) 852-8379 1.0. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this -.1.&ay of ,2004, served a true and correct copy of the foregoing Plaintiff's placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 By: Gary D. Ma ,Esquire Martz & G ey LLP Counsel r Plaintiff 96 S. eorge Street Suite 30 York, PA 17401 (717) 852-8379 I.D. No. 35554 Cl c- .. -' ", => C~::;) ~ <- ;:.t:: 1',' C::J '..' c..) r-~'" CJ .. () 'TI ~" rn;.;.;...;: i~ 1; ~'i ; -n ("5 fil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the Verification of Gary D. Martz, Esquire, regarding the Reply to New Matter in the above-captioned case with the Verification of Michelle Jennings. Respectfully submitted, By: Date: Gary D. Martz squire Martz & Ga. y, LLP Counsel r Plaintiff 96 Sou George Street Suite 430 York, PA 17401 717-852-8379 ID# 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date 0rr M-tt/!~t- Michelle Jennin~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have sent a true a d correct copy of the foregoing Praecipe to Substitute Verification, this 3O~y of ,2004, by First Class United States Mail to the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Respectfully submitted, By: Gary D. Martz, Es uire Martz & Gailey, P Counsel for Pia. tiff 96 South Geor e Street Suite 430 York, PA 17401 717 -852-8379 I D# 35554 Date: (") ~ ~ -0(1) rni"n -,;> "1", ~~;~~ ~~C; l;.::C) Z" ( ) 'J>c?..:: ~ . ...., = = .s:- ~ ("Tl CO , N ~ ~:n ~~ ~~ (:5M CC-t 13 -< -0 ::;:: C2 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this c:?.f . 1;y of ,2004, served a true and correct copy of Plaintiff's Response to Defe Production of Documents by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Gary D. Martz, Martz & Gail Counsel f laintiff 96 S. G rge Street Suite 0 York, PA 17401 (717) 852-8379 1.0. No. 35554 By: ,.." C:::, C::) .<.- <- C.:: o .1 :::;~ f'tl::n r- -Orn ~j~ N \D 7l - r:":' , ','" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this --2.c- ~y of , 2004, served a true and correct copy of Plaintiff's Answe to Defendant's Interrogatories by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 By: Gary D. Ma ,Esquire Martz & G ey LLP Coun for Plaintiff 96 . George Street Site 430 York, PA 17401 (717) 852-8379 1.0. No. 35554 C) ....., r^, = ~-~, s: CO" -r, ~- c_ .-I c: :1':: -,-, nl F ~....... rn f'~ C;::i I.D C, ->:j ~" :2.; (--; ;Tl L~ ~ -.- U', - -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil AGtion - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Pv- I HEREBY CERTIFY that I have this ~S \ day of served a true and correct copy of Plaintiff's Interrogatories t No. 2 by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 By: Gary D. Martz, quire Martz & Gai LLP Counsel r Plaintiff 96 S. eorge Street Sui 430 Y rk,PA17401 ( 17) 852-8379 1.0. No. 35554 () ~ ,...> <:::J c:::::> .c- <:-- c:..: o -n ::~ rF!~i m c;:) () .-.-.-, --,1 \"~ \.D c.. ,-n f'.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil AGtion - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this 2 [,~1y of ,2004, served a true and correct copy of Plaintiff's Request for Produ to Defendant by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Gary D. Martz, Martz & Gail Counsel f laintiff 96 S. G rge Street Suite 0 York, PA 17401 (717) 852-8379 1.0. No. 35554 By: n ,. F--' C.:I = .c- c..._, c:.: ~-~ --, ~;::. . , :8t;: j~,~~:';) .,'J":_ r<:: t...D -0 ;'ii ,,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. JENNINGS, Plaintiff : No. 03-5673 vs. : Civil Action - Law HEATHER A. RUDY, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ~" I HEREBY CERTIFY that I have this .2L..: day of ,2004, served a true and correct copy of Plaintiff's Interrogatories No. 1 by placing a copy in the United States First Class Mail, directed to the office address of the following: Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 By: --'" Gary D. Ma ,Esquire Martz & G . ey LLP Counse or Plaintiff 96 S eorge Street S . e 430 ork, PA 17401 (717) 852-8379 1.0. No. 35554 '" C;:'J ':~.:~..l .x;.- c_ , r' '...J -n ::,:! ril~X: r-'~ rn c-;) r.,) I..D -, '" File No.: 03HB-00184 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten aiul submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Stated In Full) (Check One) Plaintiff ( ) Assumpsit ( ) Trespass (x) Trespass (Motor Vehicle) ( ) (Other) Michelle R. Jennings, vs. Heather A. Rudy, Defendant The trial list will be called on December 14. 2004 Trials commence on January 18. 2005 Pre-trials will be held on December 22. 2004 (Briefs are due 5 days before pre~trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 03-5673 Civil 2003 Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Attornev for Defendant; Jacobs & Associates. 214 Senate Avenue. Suite 503. Camp Hill, Pennsylvania. 17011: (717) 731- 0988. Indicate trial counsel for other parties if known: Garv D. Mart,~. Esquire. Attornev for Plaintiff. Law Offices of Martz ai 96 South G 0 e Street Suite 430 York Pennsvlvania 17401: (717) 852-8379 This case is ready ~ ial. / . Signed: Print Name: Donald R. Dor Attorney for: Defendant Date: October 12. 2004 ~ 03HB-OO 184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 03-5673 HEATHER A. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Listing Case for Trial to be served by regular first class mail upon: Gary D. Martz, Esquire Law Offices of Martz & Gailey 96 South George Street Suite 430 York, P A 17 40r) ~ Date: October 12, 2004 Donald R. Dorer, Esquire Attorney for Defendant, Heather A. Rudy .. ~ :~ ", c:.;:. :~ C) (') -~"'I GO f\,) U1 0.' 2 Michelle R. Jennings v Heather A. Rudy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5673 CNIL TERM ORDER OF COURT AND NOW, December 15,2004, by agreement of counsel, the above captioned case is hereby continued from the January 18, 2005 trial term. Counsel is directed to relist the case when ready. Gary D. Martz, Esquire For the Plaintiff Donald R. Dorer, Esquire For the Defendant Court Administrator jlk By the Court, .~ ~ /.1./(,-DY ~ 1 \} I {\l.1\~i ('i] .7 1;:..,; ~ .. t.)' 'r:fi \.\::1 1~-d .:;-....,r- ,: "J 01 .) ; ri-:1111{\flZ t,.,'_::"" t,JLJ - . .1:'--' i. O,HB-OOIX4 MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA VS. No. 03-5673 HEATHERA.RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled. discontinued and ended. Date: " Bv. J. Gary D. Martz. Esqu. Law Offices of z & Gailey 96 South Ge ge Street, Suite 430 York, P 7401 Attorne for Plaintiff Court 1. f) .3555 '-/ 03HB-00184 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Heather Rudy MICHELLE R. JENNINGS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA VS. No. 03-5673 HEATHERA. RUDY, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mai I upon: Gary D. Martz, Esquire Law Offices of Martz & Gailey 96 South George Street Suite 430 York, PA 1740IlI r 1 ! I I 1/ Date: March 4. 2005 i./ I I l" Donald R. Dorer, Esquire Attorney for Defendant, Heather A. Rudy -, '""-.,,~ ~';:.''> -":~.) <~ ~ ~:; I ~..,.I L) "(I --! ~r: ;;'1 (..) (:l ,..", '-'-.-