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HomeMy WebLinkAbout01-6517IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law WILLIAM A. RITTER, SR. 301 Potato Road Carlisle, PA 17013 Plaintiff(s) and Address(es) VS. NICHOLAS E. STAMBAUGH R.D. #1, Box 414 Landisburg, PA 17040 Defendant(s) and Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff in order to deputize the Perry County Sheriff in order to complete service upon Defendant in order to complete service upon service upon Defendant. Lee C. Swartz TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Date: ]l/]~/O[ Signature of Attorney O Supreme Court I.D. #07258 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: 44994.1 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Protho~tary Deputy t - 0 c-~ Thomas E. Brcnncr, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambau~th WILLIAM A. RITTER, Sr. Plaintiff NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman & Shipman, P.C. on behalf Defendant Stambaugh. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thom as-~-~Le~r enner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Hanisburg, Pennsylvania and addressed as follows: Lee Swart~ Esquire Tucker Arensberg & Swartz 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: ~ Thomas E. Brenner, Esquire Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Att m frD S b u WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COlVIIvION PLEAS CUMBERLAND COUNTY, PA Vo NICHOLAS E. STAMBAUGH Defendant CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days of service thereof or suffer the entry of a judgment of non pros. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas~g'E~renner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorneys for Defendant Stambaugh RULE TO FILE COMPLAINT AND NOW, this .ff~qx. day of fBa_~(_, ,2001, upon Praecipe of Defendant, a role is hereby entered upon the Plaintiff to file'a Complaint within twenty (20) days after service of this role or suffer the entry of a judgment of non Eros. Prothonotary " CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swart~ Esquire Tucker Arensberg & Swartz 111 N. Front SWeet P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E.' l~enner, Esquire Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C, P,O, Box 1268 I-larfisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff NICHOLAS E. STAMBAUGH Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED AFFADAV1T OF SERVICE The Rule to File a Complaim was served upon counsel for the Plaintiff.on April 10, 2002, as reflected on the enclosed certified mailing return receipt. By: Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorneys for Defendant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esquire Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney for Defendant I also wish to receive the following services (for an extra fee): 1. [] Addressee's Address Consult postmaster for fee. 4a. Article Number [] Registered [] Certified [] Express Mail [] Insured I~-R~t~m Receipt f~ ~._"~..'_r"~=?. [] COD SENDER: mCom~ete Item~ 3, 4a, and 4b. Ps Form 3811, December 1994 Dete of Delivery APR 10 ~ o~ I. Addressee's A~,=~ (Only ff requested and fee is pald) 102595-97-B~179 Domestic Return Rece;l~l Thomas E. Brenner, Esquire I.D. No. 32085 GOLDBERG, KATZJVIAN & SHIPhIAN, P.C. 320 hlarket Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant WILMAM A. RITTER, SR, IN THE COURT OF COMMON PLEAS Plaintiff NICHOLAS E. STAMBAUGH Defendants CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6517 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOEHA PURSUAHT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: 1) A Notice of Intent to serve the subpoena, with a copy of the subpoena attached thereto, was mailed or delivered to each party at least twenty days pdor to the date on which the subpoena was sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate; 3) Plaintiff did not object to the subpoena being sent out; and 4) DATE: L~/~ '7/O 3-.,. The subpoena to be served is identical to the subpoena attached to the Notice of Intent. Thomas E. Brenner, E~luire Attorney I.D. ~32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants ThomaS E. Brenner, Esquire I.D. No. 32085 P.C. GOLDBERG, KATZMAN & SHIPMAN, 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 yO. LLIA~ A. RITTER, SR, plaintiff CW Em ND cou r , No. 01-6517 v. CML ACTION - LAW NICHOLAS E. sTAMBAUGH JURY TRiAL DEMANDED DefendantS NOTICE OF INTENT TO SERVE SUBPO.51'iA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY pURS_UANT TO RULE 4009.~2! _ TO: Lee SwartZ, Esquire Tacker, Arensberg & Swartz 111 Nor*.h Front Street P.O. Box 889 I--t~risburg, PA 17108-0889 pLEASE TAKE NOTICE that Plaintiff intenda to serve a subpoena identical to the one attached to this notice. You have t~enty (20) da~ from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. ~. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 A~omeys for De£endant~ wILLIAM A. RITTER, SR-, ?lainCif f NIcHoLAS E. STAMBAUG~, Defendant cc~TH OF pE~SYLVANIA File No. 01-6517 9JSPOENA TO pRCOUCE ~S OR THINGS.. FOR D I SCOVERY PURSUANT TO RULE 4009.22 TO: State Farm Insurance Company, P.O. Box 257, New Cumberland, PA 17070 (N~e of Pe s~n o~ Entity) within twenty (20) days after service of this sub~oema, you are o~de~ed by the court to ~-oduce the fol]owim~ dot--ts o~ things: your complete first party benefits file on william A. Ritter, Sr., claim no.: 38J-468-122, date o= accz~enc: Detester ~ I99M. at 320 Market Street, Harrisburg, PA 17108-1268 (Address) Yc~J may deliver or n~il legible cooies of the d~ts or produce things requested by this subpoena, together with the certificate of c~,oliance, to the party making this request st the address listed above, you have the right to seek in advance the reasor~ble cost oF preparing the c~ies or producing the things sought. If YOU fail to prcxJuce the ck~ts or things reo~Jired by this subl~ within twenty (20) days after its service, the party serving this subpoer~a~Y seek a court order com~ellir~ You to c~ly with it. THIS SUBPOENA WAS I E~SUED AT THE RECLEST OF THE FOLLCWING PERSON: ~:~nm~ F. Brenner, Esquire ACORESS: 320 Market Street H~a~u PA 17108-1268 T~SLSP~4E: 717-234-4161 SU~ COORT lO ~ 32085 A~ F~: Defendant -' Se~l of the Prothonotary/Clerk, d~vi Division (Eff. 7/97} CERTIFICATE OF SERVICE_ · ' ParalegM w/Goldberg, Katanan & Shipman, P.C. do hereby certify'tha~ I, Mary K. Riding, · · ....... a -~-'-ect co,~v of the foregoing Notate of ~te~: to' S~e~e ~uYb°Pfoen~;°~;° d~i~eU;~c~fn~';;'~g~ ~a~e s ~r~e,¢)daiuf ~ the following by depositing same into the United States Mail, first-class mail, postag p -p d, : Lee Swarm, Esquire Tucker, Aremberg & Swarm 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C. CERTIFICATE OF SERVICE I, Mary IL Ridings, Paralegal w/Goldberg, gamuan & Shipman, P.C. do hereby certify tha~ on this /'7~ day of .,,g~D~'72' ,2002, a true and correct copy of the foregoing Certificate Prerequisite to Sen'icE 'of Subpoena to Produce Documents or Things was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Lee Swart~ Esquire Tuckex, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C. WILLIAM A. RITTER, SR., Plaintiff NICHOLAS E. STAMBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-06517 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aRer this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTIC~ Le hah demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notification. Usted debe presentar una apariencia escfita o en persona o pot abogado y archivar en la torte enforma eserita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y pot cualquier queja o alivio que es pedido en la peticinn de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ Lee E. Swartz, Esquire Attorney I. D. #07258 lll NorthFrontStreg P. O. Box 889 Harrisburg, PA 17108-0889 (717)234-4121 Attorneys for Plaintiff Date: WILLIAM A. RITTER, SR., Plaintiff Vo NICHOLAS E. STAMBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-06517 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, William A. Ritter, Sr., by and through his attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant Nicholas E. Stambaugh, and avers as follows: 1. Plaintiff, William A. Ritter, Sr., is an adult individual residing at 301 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter known as "Plaintiff'). 2. It is believed, and therefore averred, that Defendant Nicholas E. Stambaugh is an adult individual who resides at RD#l, Box 414, Lanidsburg, Perry County, Pennsylvania 17040 (hereinafter known as "Defendant"). 3. This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on December 23, 1999, at or about 1:45 p.m., at the intersection of North West Street and D Street, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff William A. Ritter, Sr. was the owner and passenger of a 1986 Dodge Aries being operated by Stacey A. Miller traveling northbound on North West Street. 5. At the aforesaid time and place, Defendant was the operator of a 1995 Honda Passport traveling eastbound on D Street. 6. At the aforesaid time and place, Defendant was operating his vehicle in an unsafe manner such that he failed to stop at a stop sign located at the intersection olD Street and North West Street. Defendant's vehicle violently smack the 1986 Dodge Aries that Plaintiff owned and in which he was a back seat passenger. 7. As a direct and proximate result of the aforesaid collision, Plaintiffhas suffered severe and permanent injuries and damages as set forth herein. 8. At the time of the accident in question, Plaintiff had automobile insurance coverage for Plaintiffs vehicle, a 1986 Dodge Aries, with State Farm Insurance Company under policy no. 717-4606-E30-381. Plaintiff selected the Limited Tort Option (75 Pa.C.S.A. §1705). 9. As a result of the aforementioned accident, Plaintiff suffered serious injuries causing a serious impairment of a body function or functions as defined in 75 Pa.C.S.A. §1702 and as more fully set forth hereafter. Furthermore, the serious injuries sustained by Plaintiff significantly affect his ability to perform normal daily activities. Therefore, Plaintiff is not bound by the restrictions imposed by the Limited Tort Option, 75 Pa.C.S.A. §1705(d). 10. The aforesaid accident was caused solely from the negligence, carelessness, and recklessness conduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff. 11. Defendant was negligent, careless and reckless in causing the aforesaid accident as follows: (a) Failing to have his vehicle under proper and adequate control at all times; (b) Falling to apply his brakes or take other evasive action in time to avoid the collision; (c) Falling to observe Plaintiff' s vehicle on the roadway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with Plaintiffs vehicle; (d) Operating his vehicle in a manner in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 Pa.C.S.A. § 3323 relating to stop signs and yield signs; (e) Falling to keep a reasonable lookom for other vehicles lawfully on the roadway; (0 Operating his vehicle with careless disregard for the safety of other persons, including Plaintiff, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. § 3714; (g) Failing to operate his vehicle with due regard to the safety and position of Plaintiff's vehicle; and Falling to operate his vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. §3361. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe serious and permanent injuries that include, but are not limited to, the following: (a) Right trapezius and low back strain; (b) Acute cervical pain and tenderness; (c) Bilateral knee pain and significant crepitation; (d) Left knee injury resulting in total destruction of cartilage and requiting a total knee replacement; (e) Exacerbation and/or aggravation of chronic cervical disc disease; (f) Left foot swelling and ecchymosis with tenderness along the medial tarsal region; (g) (h) (i) O) Acute left foot pain; Exacerbation and/or aggravation of gout symptoms; Bilateral foot swelling and tenderness; and Various other contusions and abrasions. 13. As a result of the injuries, Plaintiff has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, embarrassment and loss of life's pleasures. 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in his normal and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result oftbe aforesaid accident and related injuries, Plaintiff has and will continue to suffer impairment to his health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care beyond that which he might otherwise recover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss of income and earning capacity beyond that which he may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which he may otherwise be entitled to recover. WHEREFORE, Plaintiff William A. Ritter, Sr. demands judgment against Defendant, Nicholas E. Stambaugh in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ Dated: /-//o~ q/0 ~-'- 49256.1 Attorney I.D. #07258 ~-~ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, LEE C. SWARTZ, attorney for the Plaintiff, William A. Ritter, Sr., in the within action, makes this verification on behalf of the Plaintiff, as Plaintiff is outside the jurisdiction of the court and the verification of Plaintiff cannot be obtained within the time allowed for filing the pleading, and I affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statemems herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Lee ~. Swart~ (~ 49303.1 CERTIFICATE OF SERVICE AND NOW, this 24th day of April, 2002, I, Cathleen A. Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served a copy of a Plaintiff's Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Cathleen A. Kohr Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. · Plaintiff Vo IN THE COURT CUMBERLAND CIVIL ACTION. OF COMMON PLEAS COUNTY, PA , LAW NICHOLAS E. STAMBAUGH Defendant No. 2001-06517 JURY TRIAL D~ PRAECIPE FOR JOINDER OF ADDITIONAL DEFE Please issue a Writ of Summons to join Stacey A. Miller, Carlisle, Cumberland County, Pennsylvania as Additional Defen¢ Date: GOLDBERG, KATZIvL BY: Attorney I.D. No 320 Market Stree P.O. Box 1268 Harrisburg, PA 1 (717) 234-4161 Attorney for Deft fivil Team MANDED ~IDANT }05 Creek Road, ant in this matter. iN & SHIPMAN, P.C. er, Esquire 32085 '108-1268 :ndant Stambaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing docun indicated below by depositing a copy of the same in the United St prepaid, at Harrisburg, Pennsylvania and addressed as follows: tent upon the person(s) ates mail, postage Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: 77916.1 GOLDBERG, KATZIVL BY~( Thomas E. Brenn SHIPMAN, P.C er, Esquire Cumberland County, ss: The Commonweakh of Pennsylvania to You are notified that STACEY A. MILLER (,Nme of A NICHOLAS E. STAMBAUGH (Name (s) of Dele has (have) joined you as an additional defendant in this acti quired to defend. Date jun~ 21. 2002 STACEY A. MILLER 905 CR]~K NOAD CARLISLE, PA flflitio~al Defendant) ~d'ant (s) ) ~n, which you are re- =o~ o~ . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RITTER WILLIAM ASR VS STAMBAUGH NICHOLAS E KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon MILLER STACEY A the ADD'L DEFENDANT, at 1500:00 HOb-RS, at CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 STACEY A MILLER on the 26th day of June 1101 CLAREMONT ROAD , 2002 by handing to a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ day of ~-~.~ ~'~ ~ A.D. P~o~honotary "~ So Answers: R. Thomas Kline 06/27/2002 GOLDBERG KATZMAN SHIPMAN Thomas E. Brenne_r, Esquire G-OLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for ,Dv~end~m Stamh~,,~h WILLIAM A. RITTER, SR. Plaintiff NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED YOU lqAVE BEEN SUED IN COURT. ffyou wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en fo~iua escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o nofificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (gOO) 990-9108 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorn for tambau WILLIAM A. RITTER, SR. Plaintiff Vo NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 2001-06517 Civil Term ~JR.Y TRIAL DEMANDED ANSWER WITH NEW MATTER F DEFENDANT NI LA E TA A AND NOW, comes Defendant Nicholas E. Stambaugh~ by his attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Admitted. 2. Denied in part. The Defendant's address is 135 Paige Hill Road, Landisburg, Perry County, Pennsylvania 17040. 3. Admitted. 4. Admitted. 5. Admitted 6. Denied. This paragraph is denied purso_~_nt to Pa. R.C.P. 1029 (e). 7. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). o 9. 10. wreckless. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). Denied. It is denied that Defendant Stambaugh was negligent, careless or 11. It is denied that Defendant Stambaugh was negligent, careless or wreckless. It is acknowledged that Defendant Stambangh failed to observe a stop sign. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 13. Denied. This paragraph is denied pursuant to Pa. I~C.P. 1029 (e). 14. Denied. Tlus paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 17. Denied. Tlus paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 19. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). WHERFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. 20. vehicle. Plaintiff's injuries arose from comparative negligence of the driver of his 21. Plaintiff's injuries arose from the assumption of risk by the Plaintiff under the circumstances. 22. Plaintiff's injuries arose from his comparative negligence under the circumstances. 23. Plaintiff's medical problems relate to conditions that do not arise from this motor vehicle accident. WHF~REFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: ' ............... Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg PA 17108-1268 (717) 2344161 Attorney for Defendant Stambaugh VERIFICATION I, Nicholas E. Stambaugh, Defendant herein, have read the foregoing Answer with New Matter and hereby affu-m that it is true and correct to the best of my personal knowledge, or infomiation and belief. This VerificatiOn and statement is made subject to the penalties of18' 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. Nicholas E. Stamb~u~gh fi' CERTIFICATE OF SERVI(~ I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C BY: ( Thonias E. Brenner, Esquire 81056.1 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attomev for D~fendant Stambm]~h WILLIAM A. RITTER, SR. Plaintiff Vo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NICHOLAS E. STAMBAUGH : Defendant · No. 2001-06517 Civil Term STACEY A. MII,LER · Additional Defendant · JURY TRIAL DEMANDED NOTICE To: STACEY A. MII.LER 905 Creek Road Carlisle, PA 17013 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOUDO NOT HAVE ALAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Thomas E. Br~ner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendnnt Stambaugh WILLIAM A. RITTER, SR. Plaintiff Vo NICHOLAS E. STAMBAUGH Defendant STACEY A. MII.LER · Additional Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED COMPLAINT AGAINST ADDITIONAL DEFENDANT AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katza~an & Shipman, P.C., who state: 1. The Complaint in this action was filed on or about April 24, 2002. A copy of the Complaint is attached hereto as Exhibit "A". 2. An Answer was filed by on or about October 14, 2002 by Defendant Stambaugh. A copy of the Answer is attached hereto as Exhibit "B". 3. Additional Defendant Stacey A. Miller was joined by Writ of Summons filed on June 19, 2002. Ms. Miller's address is 905 Creek Road, Carlisle, Cumberland County, Pennsylvania. 4. On December 23, 1999, PlainfiffWilliam A. Ritter, Sr. was a passenger in a vehicle operated by Additional Defendant Stacey Miller and was involved in a motor vehicle accident with Defendant Nicholas Stambaugh. 5. The aforesaid motor vehicle accident resulted f~om the negligence, carelessness and recklessness of Additional Defendant Stacey A. Miller in that she: a. failed to have the vehicle under proper and adequate control; · b. was inattentive to the conditions of the roadway and the presence of other vehicles on the roadway; c. failed to avoid the vehicle operated by Defendant Stambaugh; and e. exposed her passenger to an unreasonable risk of harm under the circumstances then and there existing. 6. As a direct result of the negligence of Additional Defenaout Stacey A. Miller, the Plaintiff, William E. Ritter, Sr. has alleged the injuries as set forth in his Complaint (Exhibit "A" hereto). 7. If Plaintiff Ritter is entitled to recover any damages, then it is averred that Additional Defendant Stacey Miller is solely liable to Plaintiff William A. Ritter, Sr. 8. flit is determined that PlaintiffRitter is entitled to recover any damages against Defendant Stambaugh, which potential finding of responsibility is eXpressly denied, then it is averred that Additional Defendant, Stacey Miller, is jointly and/or severally liable with Defendant Nicholas E. Stambaugh, or in the alternative, the Additional Defendant Stacey A. Miller is liable over to Defendant Nicholas E. Stambaugh for contribution and/or indemnity. WHEREFORE, Defendant Nicholas E. Stambaugh joins the Additional Defendant, Stacey A. Miller, alleging that she is solely liable to the Plaintiff. Or, in the alternative, is jointly and severally liable with Nicholas E. Stambaugh; or is liable over to Nicholas E. Stambaugh for contribution and/or indemnity, and Judgment is therefore demanded, together with such costs and expenses that are authorized in an amount in excess of $25,000. Date: [ ( / l ~/ O GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Attorney for Defendant Stambaugh VERIFICATION I, Nicholas E. Stambaugh, acknowledged that I am. the Defendant herein~ that I have read the foregoing Complaint Against Additional Defendant and hereby affirm that it is true and correct to the best of my personal knowledge, or infoi-aiation and belief. This Verification and statement is made subject to the penalties of18 Pa.C.S. §4904 relating to unswom 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 lB Pa. C.S. §4904. Date: Nicholas E. Stambaugh / CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Stacey A. Miller 905 Creek Road Carlisle, PA 17013 Date: 81056. GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire WILLIAM A. RITTER, SIL, Plaintiff NICHOLAS E. STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06517 CML ACTION- LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend again~ the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written aplxmrance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA Le hah demandudo a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificaeion. Usted debe presentar una apariencia escrita o en persona o por abogado y arehivar en la torte enfom~a escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o nofifieaeion y por eualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ Date: 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Attorneys for Plaintiff WILLIAM A. RITFER, SR., Plaintiff Vo NICHOLAS E. STAMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-06517 CML ACTION -. LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, William A. Ritter, Sr., by a~d through his attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant Nicholas E. Stambaugh, and avers as follows: 1. Plaintiff, William A. Ritter, Sr., is an adult individual residing at 301 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter known as "Plaintiff"). 2. It is believed, and therefore averred, that Defendant Nicholas E. Stambaugh is an adult individual who resides at RD#l, Box 414, Lanidsburg, Perry County, Pennsylvania 17040 (hereinafter known as "Defendant"). 3. This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on December 23, 1999, at or about 1:45 p.m., at the intersection of North West Street and D Street, Carlisle, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff William A. Ritter, Sr. was the owner and passenger ora 1986 Dodge Aries being operated by Stacey A. Miller traveling northbound on North West Street. 5. At the aforesaid time and place, Defendant 'was the operator of a 1995 Honda Passport traveling eastbound on D Street. 6. At the aforesaid time and place, Defendant was operating his vehicle in an unsafe manner such that he failed to stop at a stop sign loeated at the intersection of D Street and North West Street. Defendant's vehicle violently struck ~e 1986 Dodge Aries that Plaintiff owned and in which he was a back seat passenger. 7. As a direct and proximate result of the aforesaid collision, Plaintiff has suffered severe and pemaanent injuries and damages as set forth herein. 8. At the time of the accident in question, Plaintiff had automobile insurance coverage for Plaintiff's vehicle, a 1986 Dodge Aries, with State Farm Insurance Company under policy no. 717-4606-E30-381. Plaintiff selected the Limited Tort Option (75 Pa.C.S.A. §1705). 9. As a result of the aforementioned accident, Plaintiff suffered serious injuries causing a serious impairment ora body function or functions as defined in 75 Pa.C.S.A. §1702 and as more fully set forth hereafter. Furthermore, the serious injuries sustained by Plaintiff significantly affect his ability to perfbrm normal daily activities. Therefore, Plaintiff is not bound by the restrictions imposed by the Limited Tort Option, 75 Pa.C.S.A. §1705(d). 10. The aforesaid accident was caused solely from the negligence, carelessness, and recklessness conduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff. 11. Defendant was negligent, careless and reckless in causing the aforesaid accident as follows: (a) Failing to have his vehicle under proper and adequate control at all times; Failing to apply his brakes or take other evasive action in time to avoid the collision; (c) Failing to observe Plaintiff's vehicle on the roadway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with Plaintiffs vehicle; (d) Operating his vehicle in a manner in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 Pa.C.S.A. § 3323 relating to stop signs and yield signs; (e) Failing to keep a reasonable lookout for other ~'ehicles lawfully on the roadway; (0 Operating his vehicle with careless disregard for the safety of other persons, including Plaintiff, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. § 3714; (g) Failing to operate his vehicle with due regard to the safety and position of PlaintiWs vehicle; and (h) Failing to operate his vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. §3361. 12. As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe serious and permanent injuries that include, but are not limited to, the following: (a) Right trapezius and low back strain; (b) Acute cervical pain and tenderness; (c) Bilateral knee pain and significant cr,epitation; (d) Left knee injury resulting in total destruction of cartilage and requiring a total knee replacement; (e) Exacerbation and/or aggravation of chronic cervical disc disease; (f) Left foot swelling and ecchymosis with tenderness along the medial tarsal region; (g) Acute left foot pain; (h) Exacerbation and/or aggravation of gout symptoms; (i) Bilateral foot swelling and tenderness; and (j) Various other contusions and abrasions. 13. As a result of the injuries, Plaintiff has suffbred and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, embarrassment and loss of life's pleasures. ' 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in his norii~al and daily activities. 15. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiffhas and will continue to suffer great physical nervous, mental and emotional distress. 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiffhas and will continue to suffer impairment to his health, strength and vitality. 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiffhas and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care beyond that which he might otherwise wcover. 18. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss &income and earning capacity beyond that which he may be otherwise entitled to recover. 19. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which he may otherwise be entitled to recover. WHEREFORE, Plaintiff William A. Ritter, Sr. demands judgment against Defendant, Nicholas E. Stambaugh in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ Dated: 49256.1 Attorney I.D.//07258 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-41211 ATTORNEYS FOR PLAINTIFF VERIFICATION I, LEE C. SWARTZ, attorney for the Plaintiff, William A. Ritter, Sr., in the within action, makes this verification on behalf of the Plaintiff, as Plaintiff is outside the jurisdiction of the court and the verification of Plaintiff cannot be obtained ~fithin the time allowed for filing the pleading, and I affirm that the facts set forth in the foregoing document are tree and correct to the best of my knowledge, information and belief. I understand that any false statemems herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. 49303.1 Lee ~. Swart~ CERTIFICATE OF SERVICE AND NOW, this 24th day of April, 2002, I, Cathleen A. Kohr, for the firm of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certify that I have this day served a copy of a Plaintiff's Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Cathleen A. Kohr Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Stambaugh WILLIAM A. RITTER, SR. Plaintiff Vo NICHOLAS E. STAMBAUGH Defendant IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT NICHOLAS E. STAMBAUGH AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katanan & Shipman, P.C., who state: 1. Admitted. 2. Denied in part. The Defendant's address is 135 Paige Hill Road, Landisburg, Perry County, Pennsylvania 17040. 4. 5. 6. 7. Admitted. Admitted. Admitted Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). o 9. 10. wreckless. 11. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). Denied. It is denied that Defendant Stambaugh was negligent, careless or It is denied that Defendant Stambaugh was negligent,, careless or wreckless. It is acknowledged that Defendant Stambaugh failed to observe a stop sign. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 12. Denied. This paragraph is denied pursuant ~to Pa. R.C.P. 1029 (e). 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 18. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). · 19. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). WHERFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. 20. vehicle. 21. NEW MATTER Plaintiff's injuries arose from comparative negligence of the driver of his Plaintiff's injuries arose from the assumption of risk by the Plaintiff under the circumstances. 22. Plaintiff's injmies arose from his comparative negligence under the circumstances. 23. Plaintiff's medical problems relate to conditions that do not arise from this motor vehicle accident. WHEREFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: BY: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh VERIFICATION I, Nicholas E. Stambaugh, Defendant herein, have read the foregoing Answer with New Matter and hereby affilrn that it is tree and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa. C.S.§4904. Nicholas E. Stambaugh / CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date:. GOLDBERG, KATZMAN & SHIPMAN, P.C BY: Thonias E. Brenner, Esquire 81056.1 Thomas E. Brenner, Esquire GOLDBERO, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney7 I.D. No: 32085 Attorney for Defendom ~t~mhm,,Rh WILLIAM A. RITTER, SR. Plaintiff NICHOLAS E. STAMBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, c~A CIVIL ACTION- LAW No. 2001-06517 C~vil Ter~. -C, : : JURY TRIAL DEMANDL~_} .m. MOTION REQUESTING RULE TO SHOW CAUSE WHY ~ ACTION SHOULD NOT BE DISMISSED AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. This civil action was initiated on behalf of Wililam A. Ritter on November 16, 2001. The action involves a motor vehicle accident that occurred on December 23, 1999. 2. The parties have been advised that Plaintiff WRliam A. Ritter, Sr. is now deceased, having passed away in November, 2002. 3. Plaintiff's counsel has not been contacted by any members of the Ritter Family, despite his issuance of two letters, attached hereto as Exhibits "A" and "B", advising of the need for a family member to assist in the prosecution of this action. 4. Attorney Swartz advises that he has not had any cooperation from the family. WI~REFORE, Defendant requests that the Court issue a Rule upon the Estate of William A. Ritter, Jr., to show cause why this action should not be dismissed. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Han'isbu~g, PA 17108-1268 (717) 2344161 Attorney for Defendant Stambangh 96439.1 CELEBKATING A CENTUFLY OF 5EP-.VIC£ FILE COPY Lee C. Swartz IswaJlz@ tuckedaw,com Cerlifi~d as a Civil T#al Advdcate by the National Boa¢d of Tdal Advocacy. A Pennsylvania Supreme Court Approved Agency. May 2, 2003 Mr. William A. Ritter, Jr. 81 Miramar Drive Pennsville, NJ 08070 Re: Ritter v. Stambaugh Dear Mr. Ritter: I am enclosing a copy of my letter to you o1! November 19, 2002. It is abso. lutely imperative that you call me ;immediately or else this case is going to be dismissed. Sincerely yours, TUCKER ARENSBERG & SWARTZ LCS:pjg enclosure Lee C. Swa~z .37 ~-~-- '~ 0 5/2/03 iBURG, PA 17108-0889 717-234-4121 800-257-4121 FAX 717-232-6802 ,ltvw.t ucke¢law.com - KEP,. AI: F__ NSBF_, WAIR.TZ CELEBRATING A CENTUR. Y OF 5ER. VICE FiLE COPY Lee C. Swartz Iswadz@tu~edaw,com Ced~lferi as a Civil Tdal Advocate ~y the National Boarri of Trial Advocacy November 19, 2002 Mr. William A. Ritter, Jr. 81 Miramar Drive Pennsville, NJ 08070 Dear Mr. Ritter: Please accept my condolences on the death of your father. As you may be aware, I was representing him in an automobile accident case. Unfortunately, because of his health problems, we were never really able to develop the case. In addition, he had what is known as "limited tort" insurance coverage in Pennsylvania, which makes it very difficult to recover unless you have sustained a "serious" injury, and at the time that I was dealing with your father, I had not been able to establish such an injury. It is my recommendation that we not proceed with this case since it would be difficult to prove your father's injudes at this point. I would appreciate your sending me a death certificate in order that I can discontinue the lawsuit. I am enclosing a self-addressed, stamped envelope for your convenience. Thank you. Sincerely yours, TUCKER ARENSBERG & SWARTZ LCS:pjg 54635.1 Lee C. Swartz 111 NORTH FRONT STREET PO SOX 889 HARRISBURG, PA 17108-0889 7t7-2:34-4121 800-257-4121 FAX 717-232-6802 Pittsburgh · Pi[tsburgh Airport Area · Lewistown E-mail; {apcOtuckerlaw,com www.tuckerlaw.com CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Penn.Eclvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire JUN S 6 ZO03~ WILLIAM A. RITTE~ SR. pJaintiff NICHOLAS E. STAMBAUGH Defend8gt IN THE COURT OF COMMON PLEAS CLUVIBERLAND COUNTY, PA CIVIL ACTION - LAW No. 2001-06517 Civil Term JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~__ Ly of June, 2003, Plaintiff's counsel and the Estate of William A. Ritter, Jr., are directed to show cause why this action should not be dismissed. Rule Returnable~ days from servcie OCT 2 2 2003 WILLIAM A. RITT~R, SR. I Plaintiff NICHOLAS E. STAi AND NOW response filed to th, dismissed for failure ~4BAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERILAND COUNTY, PA CIVIL ACTION - LAW : No. 2001-06517 Civil Term : JURY TRIAL DEMANDED ORDER his '~,~_~'~ day of October, 2003, as there has been no Rule to Show Cause, this Court directs that this matter be marked to prosecute the claim.