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HomeMy WebLinkAbout08-1245IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, I CIVIL ACTION -LAW 1929 Kent Drive Camp Hill, PA 17011 Plaintiff V. AMY G. YOVANOVICH 1406 Chatham Road Camp Hill, PA 17011, WILLIAM YOVANOVICH 1406 Chatham Road Camp Hill, PA 17011, BOB RUTH FORD Route 15 North Dillsburg, PA 17019 Defendants NO. Da ^ «qs AND JURY TRIAL DEMANDED AND (?L U z L"--? NOTICE TO PLEAD NOTICE 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 Notices 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar 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 o por abogado y presentar en la Corte por escrito sus defensas 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. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service York County Bar Association 137 East Market Street York, PA 17401 717-854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, Plaintiff CIVIL ACTION - LAW V. AMY YOVANOVICH and WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants NO. 01- /?7 VS -71 ' JURY TRIAL DEMANDED COMPLAINT Plaintiff, Eric Fritz, by his attorneys, Katherman, Briggs & Greenberg, files this Complaint, and state the following: 1. Eric Fritz is an adult individual who resides at 1929 Kent Drive, Camp Hill, Pennsylvania 17011. 2. Defendant Amy Yovanovich is an adult individual with last known address of 1406 Chatham Road, Camp Hill, Pennsylvania 17011. 3. Defendant William Yovanovich is an adult individual with last known address of 1406 Chatham Road, Camp Hill, Pennsylvania 17011. 4. Defendant, Bob Ruth Ford is a company last known doing business at 700 M.R. Route 15 North, Dillsburg, Pennsylvania 17019-0446 5. At all relevant times, Plaintiff Eric Fritz was the owner and operator of a 2003 Black Harley Davidson motorcycle. 6. At all relevant times, Defendant Amy Yovanovich was the operator of a 2006 Mazda owned by Bob Ruth Ford. 7. At all relevant times, Defendant, Bob Ruth Ford was the owner of the 2006 Mazda being driven by Defendant, Amy Yovanovich. 8. At all relevant times, Defendant, William Yovanovich was an employee of Defendant Bob Ruth Ford and was a permissive driver of the 2006 Mazda being driven by Defendant, Amy Yovanovich. 9. On or about June 9, 2007, at approximately 10:17 p.m., Plaintiff Eric Fritz was proceeding westbound on State Road near its intersection with the parking lot of the Brew House in Cumberland County, Pennsylvania. 10. As Plaintiff Eric Fritz approached the parking lot of the Brew House, Defendant Amy Yovanovich, attempting to make a left hand turn onto State Road did not properly check for oncoming traffic and pulled directly into the path of Plaintiff, Eric Fritz's motorcycle causing a collision. 11. The force of the impact caused Plaintiff, Eric Fritz to be thrown over his handlebars landing on his head on the pavement. 12. At all relevant times, Plaintiff, Eric Fritz had the right of way on State Road. 13. The collision was caused by the carelessness, recklessness, and negligence of Defendant Amy Yovanovich. 14. Upon arrival of the police, Defendant, Amy Yovanovich was found to be intoxicated after failing a series of field sobriety tests which were given by the investigating police officer and was ultimately charged with driving under the influence. 15. The carelessness, recklessness, and negligence of Defendant Amy Yovanovich consisted of following: a. operating her vehicle at an unsafe speed under existing conditions; b. failing to maintain proper control of her vehicle; C. failing to keep alert and maintain a proper lookout for other traffic on the roadway; d. failing to keep alert and observe road conditions then existing; e. failing to yield the right away; f. driving under the influence of alcohol; and g. failing to comply with the provisions of the Pennsylvania Motor Vehicle Code, Title 75 of the Pennsylvania Code, specifically as they relate to the above mentioned acts, in particular, 75 Pa.C.S. §§ 3322, 3324, 3731 and 3736. COUNTI Eric Fritz v. Amy Yovanovich 16. The paragraphs set forth above are incorporated by reference. 17. As a result of the collision, Plaintiff sustained injuries that include, but are not limited to, injuries to his neck, shoulder, and ankle as well as multiple bruises and lacerations. 18. Plaintiff Eric Fritz has sustained or may sustain the following damages as a result of his injuries: a. past and future pain and suffering; b. past and future embarrassment, humiliation, and mental anxiety; C. past and future incidental costs; d. past and future loss of life's enjoyment; e. past and future loss of earnings and earning capacity as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law; and f. past and future medical expenses as may be recovered under the Pennsylvania Motor Vehicle Financial Responsibility Law. 19. Plaintiff Eric Fritz demands a jury trial. WHEREFORE, Plaintiffs demand judgment against Defendant for compensatory and punitive damages in an amount in excess of the arbitration limits, together with interest, costs of suit, and delay damages. COUNTI Eric Fritz v. Amy Yovanovich 20. The paragraphs set forth above are incorporated by reference. 21. At all relevant times, Defendant, Amy Yovanovich was intoxicated at a level above the legal limit. On the scene of the accident, Defendant Amy Yovanovich failed all field sobriety tests given to her by the investigating police officer. 22. Defendant, Amy Yovanovich was given a blood alcohol test after being arrested and taken away from the accident scene by the police. Defendant, Amy Yovanovich's blood alcohol tested returned positive for alcohol to the level of about .102 % which is above the legal limit to drive a motor vehicle. 23. As a direct and proximate result of the Defendant, Amy Yovanovich's reckless and outrageous conduct of driving an automobile under the influence, Plaintiff, Eric Fritz suffered those injuries and damages as set forth above, and such outrageous conduct by the Defendant entitles the Plaintiff to an award of punitive damages. 24. Plaintiff s damages exceed the applicable limit of arbitration and, therefore, a jury trial is hereby demanded. COUNT III Eric Fritz v. William Yovanovich Negligent Entrustment 25. The paragraphs set forth above are incorporated by reference. 26. Defendant, Amy Yovanovich was under a duty of care to operate her vehicle in a safe and prudent manner and avoid causing harm to other motorists, including Eric Fritz. 27. Defendant breached her duty of care and was negligent, negligent per se, careless, and reckless. 28. The negligence of Defendant William Yovanovich in causing the above accident consisted of negligently entrusting the driving of his company vehicle to Defendant Amy Yovanovich when Defendant, William Yovanovich, knew or should have known that Defendant, Amy Yovanovich was under the influence of alcohol and an individual without the capacity to safely operate this motor vehicle. In accordance with Pa.C.S.A. §1574, Defendant is liable to Plaintiffs for damages claimed herein. 29. The collision and Plaintiff's injuries and damages were a direct result of the negligence, negligence per se, carelessness, and recklessness of Defendant William Yovanovich for which he is jointly and/or severally liable for the harm caused. 26. Plaintiff's damages exceed the applicable arbitration limits. 27. Plaintiff demands a jury trial. WHEREFORE, Plaintiff demands judgment against Defendants for compensatory and punitive damages in an amount in excess of the arbitration limits, together with interest, costs of suit, and delay damages. COUNT IV Eric Fritz v. Bob Ruth Ford 28. The paragraphs set forth above are incorporated by reference. 29. At all relevant times Defendant, William Yovanovich was an employee of Bob Ruth Ford. 30. Through Defendant, William Yovanovich's employment, he was given permission to drive sell vehicles, allow other drivers to test vehicles and to show vehicles, including but not limiting to, the ability to take vehicles home as an extension of his employment to further show the sale vehicles for Defendant, Bob Ruth Ford. 31. Defendant, William Yovanovich was acting in his scope of employment when he took the 2006 Mazda home and allowed his wife to drive the vehicle. 32. In that Defendant, William Yovanovich was acting within his scope of employment at all relevant times, Defendant, Bob Ruth Ford is jointly and/or severally liable for the harm caused to Plaintiff 32. The collision and Plaintiff's injuries and damages were a direct result of the negligence, negligence per se, carelessness, and recklessness of Defendant William Yovanovich for which Bob Ruth Ford is jointly and/or severally liable for the harm caused. 33. Plaintiffs damages exceed the applicable arbitration limits. 34. Plaintiff demands a jury trial. WHEREFORE, Plaintiff demands judgment against Defendants for compensatory and punitive damages in an amount in excess of the arbitration limits, together with interest, costs of suit, and delay damages. Respectfully Submitted, Date: Brian P. Strong, Esq. KATHERMAN, BRIGGS & GREENBERG 7 East Market Street York, PA 17401 717-848-3838 Tele 717-854-9172 Fax Attorney for the Plaintiff Attorney ID No. PA 74481 V E R I F I C A T I O N 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 18 Pa. C.S. 994904, relating to unsworn falsification to authorities. Date. ZJSCy? C (9 n Q ? W _l a r-a -r, r"rI c: U'1 c^ ., r_n rv t-) n -. IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, NO. 08-1245 CIVIL TERM Plaintiff v : CIVIL ACTION - LAW AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendants, Amy G. Yovanovich and William Yovanovich, in the above-captioned matter and mark the docket accordingly. Date: March 13, 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS /f By: Va 11??IZA MICHAEL B. CHEIB, ESQ IRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich A . P"' IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, Plaintiff NO. 08-1245 CIVIL TERM V. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 13th day of March, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Brian P. Strong, Esquire Bob Ruth Ford, Inc. Katherman, Briggs & Greenberg, LLP 700 MR Route 15 North 7 East Market Street P.O. Box 446 York, PA 17401 Dillsburg, PA 17019 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich ? r_lnp cp O C c=;) -? CA) < IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, Plaintiff NO. 08-1245 CIVIL TERM V. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 13'" day of March, 2008, I, Michael B. Scheib, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendants, Amy G. Yovanovich and William Yovanovich, to Plaintiff, by United States First-Class Mail, postage prepaid, addressed as follows: Brian P. Strong, Esquire Katherman, Briggs & Greenberg, LLP 7 East Market Street York, PA 17401 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: V14? F. MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich c =, t yµ IG f CD IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, NO. 08-1245 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eric Fritz, Plaintiff Bob Ruth Ford, Inc. c/o Brian P. Strong, Esquire 700 MR Route 15 North Katherman, Briggs & Greenberg, LLP P.O. Box 446 7 East Market Street Dillsburg, PA 17019 York, PA 17401 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March 262 , 2008 By. ?t,-LL MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, Plaintiff NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED V. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants ANSWER WITH NEW MATTER OF THE DEFENDANTS, AMY G. YOVANOVICH AND WILLIAM YOVANOVICH, TO PLAINTIFF'S COMPLAINT COME NOW, the Defendants, Amy G. Yovanovich and William Yovanovich, by and through their attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and respond to the allegations in Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Plaintiff was the operator of the Harley Davidson motorcycle. The remaining allegations are denied. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that the motorcycle came into contact with Defendants' vehicle. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 11. Admitted in part and denied in part. It is admitted that the Plaintiff became separated from the motorcycle. The remaining allegations are denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 12. Denied. This paragraph states a legal conclusion to which no response is required. 13. Denied. This paragraph states a legal conclusion to which no response is required. 14. Denied. This paragraph states a legal conclusion to which no response is required. 15. Denied. This paragraph states a legal conclusion to which no response is required. COUNTI Eric Fritz v. Amy Yovanovich 16. Paragraphs 1 through 15 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 2 17. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiff Complaint, and the same are denied and strict proof thereof is demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of Plaintiff Complaint, and the same are denied and strict proof thereof is demanded. 19. Admitted. WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. COUNTI Eric Fritz v. Amy Yovanovich 20. Paragraphs 1 through 19 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 21. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of Plaintiff Complaint, and the same are denied and strict proof thereof is demanded. 22. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 22 of Plaintiff Complaint, and the same are denied and strict proof thereof is demanded. 3 23. Denied. This paragraph states a legal conclusion to which no response is required. Furthermore, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of Plaintiff Complaint, and the same are denied and strict proof thereof is demanded. 24. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. COUNT III Eric Fritz v. William Yovanovich Negligent Entrustment 25. Paragraphs 1 through 24 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 26. Denied. This paragraph states a legal conclusion to which no response is required. 27. Denied. This paragraph states a legal conclusion to which no response is required. 28. Denied. This paragraph states a legal conclusion to which no response is required. 29. Denied. This paragraph states a legal conclusion to which no response is required. 26.(sic) Denied. This paragraph states a legal conclusion to which no response is required. 27.(sic) Admitted. 4 WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. COUNT IV Eric Fritz v. Bob Ruth Ford 28.-34. These paragraphs are directed at a different Defendant. Answering Defendants need not respond to them. WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. By way of further response: NEW MATTER 35. Paragraphs 1 through 34 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 36. Plaintiff refused medical treatment on the day of the accident. 37. Plaintiffs injuries, if any, were caused by the acts and omissions of a third party over whom Defendants had no control. 38. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. 5 NEWMATTER DIRECTED TO BOB RUTH FORD 39. Paragraphs 1 through 38 of Defendants' Answer with New Matter are incorporated herein as though fully set forth at length. 40. On June 9, 2007, William Yovanovich was an employee of Bob Ruth Ford, Inc. 41. On June 9, 2007, William Yovanovich was a permissive driver of the vehicle owned by Bob Ruth Ford, Inc. 42. In the event of a finding of liability against William Yovanovich and Amy Yovanovich, which liability is denied, Defendants William Yovanovich and Amy Yovanovich hereby assert any and all rights they have against Defendant, Bob Ruth Ford for contribution and/or indemnification. 43. In the event of a finding of liability against Defendants Amy G. Yovanovich and William Yovanovich, which liability is specifically denied, Defendants hereby assert that Defendant Bob Ruth Ford is alone liable, jointly and severally liable and/or liable over to Defendants Amy G. Yovanovich and William Yovanovich for Plaintiff's injuries. 6 WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March Q? , 2008 By: t MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich 7 VERIFICATION I, Amy G. Yovanovich, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: March 2008 Amy G. Y anovi VERIFICATION I, William Yovanovich, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: March 1 , 2008 William Yovanovic IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, NO. 08-1245 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2 y of March, 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter of the Defendants, Amy G. Yovanovich and William Yovanovich, to Plaintiff's Complaint, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Brian P. Strong, Esquire Bob Ruth Ford, Inc. Katherman, Briggs & Greenberg, LLP 700 MR Route 15 North 7 East Market Street P.O. Box 446 York, PA 17401 Dillsburg, PA 17019 (Attorney for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich t ? -?st _5 -s 3 i c.n ?. ERIC FRITZ, Plaintiff vs. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Bob Ruth Ford in the above matter. Respectfully submitted, THOMAS, D4CMAS & HAFE by: 1 L Brooks R. Foland, Esquire I.D. No. 70102 Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 581801.1 CERTIFICATE OF SERVICE AND NOW, this A4 day of 6,:,? 20f I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Brian P. Strong, Esq. Katherman, Briggs & Greenburg, LLP 7 East Market Street York, PA 17401 Michael B. Scheib, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Coleen M. Polek ,.-., C°> ._? ?-, ?? ?- ... ,.? _ ? ?? ?' ?'._ u'. ... i W :,?J _ i... ...::. . ` ? 4 + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eric G. Fritz, CIVIL ACTION - LAW Plaintiff v Amy G. Yovanovich, William Yovanovich and Bob Ruth Ford Defendant NO. 08-1245 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Eric G. Fritz, by and through his attorneys, Brian P. Strong, Esquire and Katherman, Briggs & Greenberg, hereby responds to Defendant's New Matter as follows: 1-34. The averments of Plaintiffs Complaint are incorporated herein by reference as though set forth in full. 36. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an- answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 37. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 38. Denied. 39-43. These paragraphs are directed at Defendant, Bob Ruth Ford. Answering Plaintiff does not need to respond to them. M0062547.1 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, L.L.P. t"A Date: April 12008 By: Brian P. Strong, Esquire Attorney for Plaintiff Supreme Court I.D. #74481 7 East Market Street York, PA 17401 (717) 848-3838 M0062547.1 2 CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER, as set forth below by depositing the same in the United States Mail, postage prepaid to: Michael B. Scheib, Esq., Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Bob Ruth Ford, Inc. 700 MR Route 15 North P.O. Box 446 Dillsburg, PA 17019 KATHERMAN, BRIGGS & GREENBERG, L.L.P. Date: April 1, 2008 By: r? Brian`. Strong, Esquire Attorney for Plaintiff Supreme Court I.D. #74481 7 East Market Street York, PA 17401 (717) 848-3838 M0062547.1 3 ?t,D THOMAS, THOMAS & HAFER, LLP Brooks R. Foland, Esquire I.D. No. 70102 Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street 61h Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 ERIC FRITZ, Plaintiff vs. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants Attorneys for Bob Ruth Ford IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT BOB RUTH FORD'S REPLY TO NEW MATTER CROSSCLAIM OF DEFENDANTS AMY G. YOVANOVICH AND WILLIAM YOVANOVICH 39. Answering Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 40. Admitted. 41. Denied as stated. It is admitted only that Defendant William Yovanovich was permitted to drive the subject 2006 Mazda during and after work. Any and all other allegations contained in paragraph 41 are specifically denied and strict proof thereof is demanded at time of trial. 42. Denied. The allegations contained in paragraph 42 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 43. Denied. The allegations contained in paragraph 43 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Bob Ruth Ford respectfully requests that judgment be entered in its favor and against Defendants Amy Yovanovich and William Yovanovich on the latter's new matter crossclaims. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP 581824.2 by: l ? Brooks--T'oland, Esquire I.D. No. 70102 Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Bob Ruth Ford 2 VERIFICATION The undersigned, having read the attached document, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Brooks R. Foland CERTIFICATE OF SERVICE AND NOW, this -Z?day of 04z!:??b , 200? I Coleen M. Pol _, ek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Brian P. Strong, Esq. Katherman, Briggs & Greenburg, LLP 7 East Market Street York, PA 17401 Michael B. Scheib, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Coleen M. Polek n N O " n . , F fi C: _ - t ) . '„ . . THOMAS, THOMAS & HAFER, LLP Brooks R. Foland, Esquire I.D. No. 70102 Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 ERIC FRITZ, Plaintiff vs. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants Attorneys for Bob Ruth Ford IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM 1. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 1 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief. 4. Admitted. 5. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 5 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 6. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 6 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 7. Denied as stated. It is admitted only that Defendant Bob Ruth Ford was at all times material hereto the owner of the involved 2006 Mazda. Any and all other allegations contained in paragraph 7 are specifically denied and strict proof thereof is demanded at time of trial. 8. Denied as stated. It is admitted only that Defendant William Yovanovich was an employee of Defendant Bob Ruth Ford at all times material hereto and that as an employee was permitted to drive demonstration vehicles assigned to him by Answering Defendant. Any and all other allegations contained in paragraph 8 are specifically denied and strict proof thereof is demanded at time of trial. 9. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 9 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 10. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 10 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 11. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 11 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2 12. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 12 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 13. Denied. The allegations contained in paragraph 13 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 14. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 14 of Plaintiffs Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 15. (a-g) Denied. The allegations contained in paragraphs 15 (a-g) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). COUNT I Eric Fritz v. Amy Yovanovich 16-19. No response is required as these paragraphs are directed to a co- defendant and not to Answering Defendant. COUNT I[I] Eric Fritz v. Amy Yovanovich 20-24. No response is required as these paragraphs are directed to a co- defendant and not to Answering Defendant. 3 COUNT III Eric Fritz v. William Yovanovich Negligent Entrustment 25-27. No response is required as these paragraphs are directed to a co- defendant and not to Answering Defendant. COUNT III Eric Fritz v. Bob Ruth Ford 28. Answering Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 29. Admitted. 30. Denied as stated. It is admitted only that while in Defendant Bob Ruth Ford's employ, Defendant William Yovanovich was given permission to operate demonstration vehicles during and after work hours. It is specifically denied that Defendant William Yovanovich was at any time given permission or authority to allow other drivers to operate any demonstration vehicle for any purposes other than while on a formal test drive of said vehicle. Any and all other allegations contained in paragraph 30 are specifically denied and strict proof thereof is demanded at time of trial. 31. Denied. It is specifically denied that Defendant William Yovanovich was acting in his scope of employment when he took the 2006 Mazda home and allowed his wife to drive the vehicle. Any and all other allegations contained in paragraph 31 are specifically denied and strict proof thereof is demanded at time of trial. 4 32. Denied. The allegations contained in paragraph 32 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). [32.] Denied. The allegations contained in paragraph 32 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 33. Denied. The allegations contained in paragraph 33 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 34. Denied. The allegations contained in paragraph 34 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). NEW MATTER 35. Answering Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 36. Plaintiff's claims may be barred by the expiration of the applicable statute of limitations. 37. Plaintiff's claims may be barred or reduced by Plaintiff's own contributory and/or comparative negligence. 38. Plaintiff's claims may be barred by Plaintiff's failure to state a claim upon which relief can be granted. 39. Plaintiff refused medical treatment on the date of the accident. 5 40. Plaintiff's injuries, if any, were caused by the acts and/or omissions of a third party over whom Answering Defendant has no control. 41. Plaintiff's injuries, if any, were caused by events which either pre-dated or post-dated the motor vehicle accident in question and which is the subject of this lawsuit. 42. Some or all of the Plaintiff's damages may be barred or reduced by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 43. At no time did Defendant Amy Yovanovich have express or implied permission by Defendant Bob Ruth Ford to operate the subject 2006 Mazda or any demonstration vehicle. WHEREFORE, Defendant Bob Ruth Ford respectfully requests that judgment be entered in its favor and against Plaintiff Eric Fritz. NEW MATTER CROSSCLAIM PURSUANT TO 2252 AGAINST AMY YOVANOVICH AND WILLIAM YOVANOVICH 44. Answering Defendant incorporates by reference the answers to Plaintiff's Complaint as though the same were fully set forth herein at length. 45. Answering Defendant denies any liability to the Plaintiff on the claims that Plaintiff has set forth in his Complaint against Defendants. 46. If it is judicially determined that the allegations of Plaintiff's Complaint permit a claim of recovery, then in such event, Defendants Amy Yovanovich and William Yovanovich are alone liable to Plaintiff and no liability rests with Answering Defendant. 47. If it is determined that Answering Defendant is in any way liable to Plaintiff for any damages which Plaintiff may have sustained, the existence of any such liability being expressly denied, that in such event, Answering Defendant avers that co- 6 Defendants Amy Yovanovich and William Yovanovich are jointly liable with Answering Defendant to the Plaintiff or are liable over by way of contribution and/or indemnification to Answering Defendant for any verdict recoverable by Plaintiff. 48. If Answering Defendant is in any way found to be liable to the Plaintiff on the claims of the Plaintiff, the existence of any liability being expressly denied, then in such event co-Defendants Amy Yovanovich and William Yovanovich are liable over to Answering Defendant for indemnification and/or contribution on any verdict. WHEREFORE, Defendant Bob Ruth Ford respectfully requests that judgment be entered in its favor and against Defendants Amy Yovanovich and William Yovanovich. Respectfully submitted, THO 74 =R, LLP by: 7- Brooks R. Foland, Esquire I.D. No. 70102 Anthony T. Lucido, Esquire I.D. No. 76583 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attorneys for Bob Ruth Ford 581824.1 7 VERIFICATION I, Bob Ruth, have read the foregoing Answer with New Matter and New Matter Crossclaim and hereby affirm that it is true and correct to the best of my personal knowledge, 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. for Bob Ruth Ford CERTIFICATE OF SERVICE AND NOW, this ? 91h day of '200?, I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Brian P. Strong, Esq. Katherman, Briggs & Greenburg, LLP 7 East Market Street York, PA 17401 Michael B. Scheib, Esq. Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Coleen M. Polek C ? p .r} f' s r I- {I> ,'. > II `Q tr7l co } V ^G SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRITZ ERIC VS YOVANOVICH AMY G ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOB RUTH FORD but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 26th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer Docketing 6.00 Out of County 9.00 _-z Surcharge 10.00 R' Thomas Kline Dep York County 45.73 Sheriff of Cumberland County Postage 1.14 ? .3 f!0$ `'?? 71.87 03/26/2008 KATHERMAN BRIGGS GREENBERG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRITZ ERIC VS YOVANOVICH AMY G ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YOVANOVICH AMY G DEFENDANT , at 1723:00 HOURS, on the 3rd day of March at 1406 CHATHAM ROAD the 2nnR CAMP HILL, PA 17011 AMY G YOVANOVICH by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 / 42.40 X03/26/2008 KATHERMAN BRIGGS GREENBERG 3/a6108 ?1 Sworn and Subscibed to By: before me this day Deputy eriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01245 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FRITZ ERIC VS YOVANOVICH AMY G ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YOVANOVICH WILLIAM the DEFENDANT , at 1723:00 HOURS, on the 3rd day of March 2008 at 1406 CHATHAM ROAD CAMP HILL, PA 17011 by handing to AMY G YOVANOVICH, SPOUSE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00--- 03/26/2008 KATHERMAN BRIGGS GREENBERG a fasjoe =/n Sworn and Subscibed to By: A?'/ ?- before me this day Deputy Sheriff of A.D. fl Y ' PENNY PRESS OF YORK, INC. Ph'(717) a4D78 Fax (717) 848-1360 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 4 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE MTFMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 TMU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ '4X9MV1V%FVVV Frin ?ti^i i-v 2 COURT NUMBER 3. DEFENDANTIS/ Amy G. Yovanovich et al 4 . TYPE OF WRIT OR COMPLAIMb T I C E , C I C A Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Bob Ruth Ford !70 PS /I- 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND 21P CODE) AT Route 15 North Dillsbur0, PA 17109 7 INDICATE SERVICE 0 PERSONAL 0 PERSON IN CHARGE ? 1ST CLASS MAIL U POSTED U OTHER NOW February 29 , 2008 ' I, SHERIFF OF -iW COUNTY, PA, do hereby deputize, the sheriff of York COUNTY to execute NC nd-make r jurn loei?wtaccording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SEgyuEr 0 F C 0 U N T Y Curnberlan ADV FEE PAID BY ATTY. Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR'BRIAN P. S T R O N G , ESQ. 10. TELEPHONE NUMBER 11 DATE FILED 7 EAST MARKET STREET, YORK, PA 17401 717-848-3838 2-25-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) SPACE BELOW FOR USE OF THE SHERIFF - 00 NOT WRITE BELOW THIS UM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 3 -3-2008 1 3-26-2008 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE>< SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 here certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AN TITLE OF INDIVIDU L SERVED / LIST ADDRESS RE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service te p."Tr /a-ES t1AAIJl4Cia 21. A PTS Date Time Miles Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int 22. 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check Ni $100.00 VCA'co 17 J'60 46031 6144 9 y 34. Foreign County Costs 35. Advance Costs 36 Service osts 37. Notary`Cert. 38. MileagWPostageJNot Found 39. Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to bef a me 42 day of ? CN 20 VVEA1TH OF PFA NOTARIAL SEAL LISA L. BOVVtv4; N, NOTARY PUBLIC CITY OF YORK, YORK COUNTY COMMISSION EXPIRES AUG. 12, 20 44. Dep. Sheriff S \5 a -5/ t t Ice 46. Signature of York 47 DATE County ShahI RICHARD P. KEUERLEBER, SHERI F 3-20-2008 48. Signature of Foreign 49 DATE County Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eric G. Fritz, Plaintiff V. Amy G. Yovanovich, William Yovanovich, and Bob Ruth Ford, Defendants NO. 08-1245 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NEW MATTER CROSSCLAIM Plaintiff, Eric G. Fritz, by and through his attorneys, Brian P. Strong, Esquire and Katherman, Briggs & Greenberg, hereby responds to Defendant's New Matter as follows: 1-35. The averments of Plaintiffs Complaint are incorporated herein by reference as though set forth in full. 36. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 37. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 38. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). CIVIL ACTION - LAW M0062547.1 39. It is admitted that Plaintiff denied treatment at the scene of the accident, which was at approximately 10:30 in the evening. However, Plaintiff made arrangements to be examined by a physician within a reasonable time period following the accident and has treated ever since. 40. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 41. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 42. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). 43. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa. R.Civ.P. 1029(e). NEW MATTER CROSSCLAIM PURSUANT TO 2252 AGAINST AMY YOVANOVICH AND WILLIAM YOVANOVICH 44-48. No response is required as these paragraphs are directed to defendants Amy and William Yovanovich and not to answering Plaintiff. M0062547.1 2 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, L.L.P. Date: April 14, 2008 By: Brian. Stro squire Attorney for Plaintiff Supreme Court I.D. 974481 7 East Market Street York, PA 17401 (717) 848-3838 M0062547.1 3 CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER and NEW MATTER CROSSCLAIM, as set forth below by depositing the same in the United States Mail, postage prepaid to: Brooks R. Foland, Esq., Esquire Thomas, Thomas & Hafer 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 and Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 KATHERMAN, BRIGGS & GREENBERG, L.L.P. Date: April 14, 2008 By: Brian P. Strong, Esquire Attorney for Plaintiff Supreme Court I.D. #74481 7 East Market Street York, PA 17401 (717) 848-3838 M0062547.1 4 r°° 7 na ?:.? .? ?? ?+i ^.J 97Z-: .....? = ?-ti _ ,.. --,,. ...n., • • ?...y ?...... -: $ ' Ca.) '. r? =<; s. A IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, NO. 08-1245 CIVIL TERM Plaintiff V. CIVIL ACTION - LAW AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANTS AMY G. YOVANOVICH AND WILLIAM YOVANOVICH TO THE NEW MATTER CROSSCLAIM OF DEFENDANT BOB RUTH FORD 44. Defendants Amy G. and William Yovanovich incorporate herein by reference the Answer with New Matter to Plaintiff's Complaint which they have previously filed. 45. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 46. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 47. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 48. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). AP WHEREFORE, the Defendants, Amy G. Yovanovich and William Yovanovich, respectfully request this Honorable Court to enter judgment in their favor, together with the costs of this lawsuit. Date: Mal, 10% , 2008 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich i By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 2 LA VERIFICATION I, Amy G. Yovanovich, hereby verify that the statements made in the foregoing Reply of Defendants Amy G. Yovanovich and William Yovanovich to the New Matter Crossclaim of Defendant Bob Ruth Ford are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. c Date: , 2008 LA4 Amy G. Yo o i h w VERIFICATION I, William Yovanovich, hereby verify that the statements made in the foregoing Reply of Defendants Amy G. Yovanovich and William Yovanovich to the New Matter Crossclaim of Defendant Bob Ruth Ford are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in filing this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. OY 'Zt " ° 8 Date: '2008 William Yovanovic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC FRITZ, Plaintiff V. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD, Defendants NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this / day of , 2008, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Reply of Defendants Amy G. Yovanovich and William Yovanovich to the New Matter Crossclaim of Defendant Bob Ruth Ford, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Brian P. Strong, Esquire Brooks R. Foland, Esquire Katherman, Briggs & Greenberg, LLP Thomas, Thomas & Hafer, LLP 7 East Market Street 305 North Front Street York, PA 17401 P.O. Box 999 (Attorney for Plaintiff) Harrisburg, PA 17108 (Attorney for Defendant Bob Ruth Ford) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By:_'? W"', MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendants, Amy G. Yovanovich and William Yovanovich N CZZ) -n ?a 77 Fn _ cil 4? Gordon A. Einhom, Esquire L D. 59006 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhorn@tthlaw.com ERIC FRITZ, Plaintiff vs. AMY G. YOVANOVICH, WILLIAM YOVANOVICH and BOB RUTH FORD. Defendants Attorneys for Defendant Bob Ruth Ford IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1245 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR I MTHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned, Anthony T. Lucido, Esquire, formerly with the law firm of Thomas, Thomas & Hafer, LLP, as attorney for Defendant Bob Ruth Ford in the above matter. SCHUTJER BOGAR LLC Anthony L. Lucido, Esquire I.D. No. 76583 417 Walnut Street, 4T" Floor Date: Harrisburg, PA 17101 (717) 909-0353 alucido@schutjerbogar.com Please enter the appearance of the undersigned, Gordon A. Einhorn, Esquire, as attorney for Defendant Bob Ruth Ford in the above matter. THOMAS THOMAS & HAFER, LLP ordon A. Einhorn, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Date: 8/t r/ d r Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com "??? ??.?x CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant Bob Ruth Ford hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Brian P. Strong, Esquire Katherman, Briggs & Greenburg, LLP 7 East Market Street York, PA 17401 Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402-3737 Date: r/ a 618629.1 THOMAS, THOMAS & HAFER, LLP D rte' on A. Einhorn, Esquire . No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@thlaw.com -TI cta - i -r7jT _;7L•,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eric G. Fritz CIVIL ACTION - LAW Plaintiff V. NO. 08-1245 Amy G. Yovanovich and William Yovanovich and Bob Ruth Ford Defendant JURY TRIAL DEMANDED PRAECIPE TO DISMISS To the Prothonotary: Please dismiss the above case and mark the docket settled and satisfied. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: 1 " N? ((? 'A* By: Brian P. tron , Esquire Attorney for Plaintiffs Supreme Court I.D. #74481 7 East Market Street York, PA 17401 (717) 848-3838 r CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing PRAECIPE TO DISMISS, as set forth below by first class United States postage: Gordon A. Einhom, Esq., Esquire Thomas, Thomas & Hafer LLP P.O. Box 999 Harrisburg, PA 17108 and Mr. Michael B. Scheib Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: By: V ??A Bri . Stro g, Esquire Attorney for Plaintiff Supreme Court I.D. #74481 7 East Market Street York, PA 17401 (717) 848-3838 FLED-Ot RC:E OF THE PPROTH,O OTAPY 2009 DEC 10 PM 2: 50 UNIPY