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HomeMy WebLinkAbout08-7224SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH M. GARRETT, Plaintiff V. AMANDA ARNOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. p$- 7AAI (2ivil (erIn CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire Attorneys for Defendant Arnold I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: bs@jdsw.com JOSEPH M. GARRETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7224 CIVIL TERM CIVIL ACTION - LAW AMANDA ARNOLD, ; Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joseph M. Garrett and his counsel, Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 YOU ARE REQUIRED to plead to the within Answer and New Matter within 20 days of service hereof or a default judgment may be entered against you. JOH" DUFFIE, STEWART & WEIDNER Date: March 2, 2009 Je erson J. Shipman, Esq A omey I. D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Arnold JOSEPH M. GARRETT IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7224 CIVIL TERM CIVIL ACTION - LAW AMANDA ARNOLD, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Amanda Arnold, by and through her counsel, Jefferson J. Shipman, Esquire and Johnson, Duffle, Stewart & Weidner and files the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted in part; denied in part. It is admitted only that Ms. Arnold resides at 1220 North Drive in Mechanicsburg, Cumberland County, Pennsylvania. The remaining averments of paragraph number 2 are denied. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part. It is admitted only that the Plaintiff Joseph M. Garrett was attempting to cross the Carlisle Pike at or about 10:30 p.m. The remaining averments of paragraph number 5 are specifically denied. 6. Admitted in part; denied in part. It is admitted only that Ms. Arnold was traveling in the right lane of the Carlisle Pike traveling generally westbound when there was contact made with the Plaintiff Joseph M. Garrett with the front of her vehicle. The remaining averments of paragraph number 6 are specifically denied. 7. Admitted upon information and belief. 8. Admitted in part; denied in part. It is admitted upon information and belief that the Plaintiff sustained injuries. However, the Defendant Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the averments relative to Plaintiffs injuries and the same are therefore denied, and strict proof is demanded at the time of trial. 9. Denied. It is specifically denied that Ms. Arnold was careless, reckless, and negligent in any manner with respect to Plaintiff's alleged cause of action. (a) Denied. It is specifically denied that Ms. Arnold failed to yield the right-of- way to a pedestrian crossing the street within a marked crosswalk within an intersection in violation of 75 Pa.C.S.A. § 3542(a). It is specifically denied that Ms. Arnold violated any provisions of the Pennsylvania Motor Vehicle Code. It is also specifically denied that the Plaintiff was in a marked crosswalk within an intersection at the time of the accident; (b) Denied. It is specifically denied that Ms. Arnold was driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted her to bring her vehicle to a stop within the assured clear distance ahead in violation of 75 Pa.C.S.A. § 3361. By way of further response, it is specifically denied that Ms. Arnold violated any provisions of the Pennsylvania Motor Vehicle Code; 2 (c) Denied. It is specifically denied that Ms. Arnold operated her vehicle at an excessive rate of speed under the conditions; (d) Denied. It is specifically denied that Ms. Arnold failed to have her vehicle under proper and adequate control; (e) Denied. It is specifically denied that Ms. Arnold operated the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; (fl Denied. It is specifically denied that Ms. Arnold failed to yield the right-of- way to pedestrians crossing within a marked crosswalk; and (g) Denied. It is specifically denied that Ms. Arnold failed to drive at a speed and in manner that would allow her to stop within the assured clear distance ahead. 10. Denied. The averments contained in paragraph number 10 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 10 and the same therefore denied, and strict proof is demanded at the time of trial. 11. Denied. The averments contained in paragraph number 11 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 11 and the same therefore denied, and strict proof is demanded at the time of trial. 12. Denied. The averments contained in paragraph number 12 are in part conclusions of law and fact to which no response is required. If a response is deemed 3 to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 12 and the same therefore denied, and strict proof is demanded at the time of trial. 13. Denied. The averments contained in paragraph number 13 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 13 and the same therefore denied, and strict proof is demanded at the time of trial. 14. Denied. The averments contained in paragraph number 14 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 14 and the same therefore denied, and strict proof is demanded at the time of trial. 15. Denied. The averments contained in paragraph number 15 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 15 and the same therefore denied, and strict proof is demanded at the time of trial. 4 16. Denied. The averments contained in paragraph number 16 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 16 and the same therefore denied, and strict proof is demanded at the time of trial. 17. Denied. The averments contained in paragraph number 17 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 17 and the same therefore denied, and strict proof is demanded at the time of trial. 18. Denied. The averments contained in paragraph number 18 are in part conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, Ms. Arnold is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph number 18 and the same therefore denied, and strict proof is demanded at the time of trial. WHEREFORE, Defendant Amanda Arnold respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. 5 NEW MATTER 19. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. That the Plaintiffs alleged cause of action may be barred by Plaintiffs own comparative negligence. 21. That Plaintiffs own comparative negligence included the following: (a) Failing to abide by the traffic control devices in violation of 75 Pa.C.S.A. § 3541; (b) Failing to be attentive to the traffic conditions in violation of 75 Pa.C.S.A. § 3542; (c) Failing to use a marked crosswalk in violation of 75 Pa.C.S.A. § 3543; (d) Failing to yield to the Defendant's vehicle in violation of 75 Pa.C.S.A. § 3543; (e) Failing to take an alternative means to his destination without crossing the highway; (f) Failing to wear conspicuous clothing to be seen by operators of vehicles; (g) Walking and/or running across a highway diagonally in violation of 75 Pa. C. S.A. § 3543; (h) Walking and/or running into the path of a vehicle which was so close as to constitute a hazard in violation of 75 Pa.C.S.A.§ 3542; (i) Walking and/or running across a highway at night in rain wearing dark clothing. (j) Walking and/or running across a highway at night in rainy conditions wearing dark clothing and failing to see the Defendant's vehicle; and (k) Walking and/or running across a highway in a hurried or otherwise inappropriate manner. 6 21. That Plaintiffs own comparative negligence was a substantial factor and/or factual cause of the accident and the Plaintiffs injuries. 22. That if it should be found that there was any negligence on the part of Amanda Arnold, which is denied, then in that event any such negligence was not a substantial factor or factual cause of the accident and Plaintiffs alleged harm. 23. That the Plaintiffs accident and injuries as alleged may have been caused by third parties or entities not presently involved in this action, including but not limited to, the Commonwealth of Pennsylvania, Department of Transportation, relative to a potential dangerous condition of the highway. 24. That the Plaintiff may have assumed the risk of injuries by crossing a highway at night, during rain and wearing dark clothing. WHEREFORE, Defendant Amanda Arnold respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, JOHN qN, DUFFIE, STEWART & WEIDNER .person J. Shiphan, Esquire Attorney I.D. No. 51785 P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: March 2, 2009 Attorneys for Defendant Arnold 7 VERIFICATION I, Amanda Arnold, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is Trade 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. Amanda Arnold Date: 9- q - ()OI 357396 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 2, 2009: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attomey for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B qJee"rrssonJ. Shi man, Esquire Z ?'-? ?. A? i ?rt! ? .6?? N ,f'?1 '"? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH GARRETT, Plaintiff V. AMANDA ARNOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. S usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELEFONO LA OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEERLE INFORMACI6N A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMAC16N SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CLIALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH M. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA ARNOLD, Defendant NO. OF - 7 d -21 &,ud CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JOSEPH M. GARRETT, by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. Plaintiff, Joseph M. Garrett, is an adult individual currently residing at 26 S. Front Street, York Haven, York County, Pennsylvania. 2. Defendant, Amanda Arnold, is an adult individual whose last known address is 1220 North Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and circumstances hereinafter set forth took place on May 3, 2008, at or about 10:30 p.m. on the Carlisle Pike (also known as Route 11) in Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Defendant, Amanda Arnold, was the operator of a 2001 Ford Focus owned by Thomas M. Arnold. 5. At the aforesaid time and place, Plaintiff, Joseph M. Garrett, was crossing the Carlisle Pike in a crosswalk, at or about 10:30 p.m., travelling southbound across the road that runs east to west at this location. 6. At the aforesaid time and place, Defendant, Amanda Arnold, was traveling eastbound in the right hand lane on the Carlisle Pike (also known as Route 11) and struck the Plaintiff, Joseph M. Garrett, with the front of the 2001 Ford Focus that Defendant was operating as the Plaintiff, Joseph M. Garrett, was crossing southbound across Carlisle Pike in the afore mentioned crosswalk. 7. Immediately prior to, and during the time of the collision, it was raining excessively. 8. As a result of the aforesaid incident, Plaintiff, Joseph M. Garrett, has suffered serious and permanent injuries, including but not limited to the following: a. pulmonary contusion of the right upper lobe; b. various contusions and abrasions; C. depressed skull fracture to the right temporal region; d. laceration to nose; e. laceration to the ear; f. spiral fracture through the proximal midshaft of the right tibia with significant angulation of the fracture fragments; g. segmental fracture involving the proximal right fibular diaphysis with displacement and angulation of the fracture fragments; h. right knee joint effusion; and i. large right frontal cephalohematoma with a degloving injury to the high right frontal scalp; 9. The aforesaid collision was the direct and proximate result of the negligence of Defendant, Amanda Arnold, in operating the 2001 Ford Focus in a careless, reckless, and negligent manner as follows: a. Failing to yield the right of way to a pedestrian crossing the street within a marked crosswalk within an intersection in violation of Section 3542(a) of the PA. Motor Vehicle Code; b. Driving at a speed greater than was reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing and/or at a speed greater than would have permitted him/her to bring his/her vehicle to a stop within the assured clear distance ahead in violation of Section 3361 of the PA Motor Vehicle Code; C. In operating her vehicle at an excessive rate of speed under the conditions; d. In failing to have her vehicle under proper and adequate control; e. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; f. In failing to yield the right of way to pedestrians crossing within a marked crosswalk; and g. In failing to drive at a speed and in the manner that would allow defendant to stop within the assured clear distance ahead. 10. As a direct and proximate result of the aforesaid injuries, Plaintiff, Joseph M. Garrett, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, Joseph M. Garrett, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, Joseph M. Garrett, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, Joseph M. Garrett, has sustained scarring and disfigurement for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, Joseph M. Garrett , has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 15. As a further result of this collision, Plaintiff, Joseph M. Garrett , has and/or may incur reasonable and necessary medical rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contact, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 16. As a further result of the aforesaid injuries, Plaintiff, Joseph M. Garrett, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 17. Plaintiff, Joseph M. Garrett, was a pedestrian at the time of the collision and therefore remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 18. Plaintiff, Joseph M. Garrett, was neither the owner of a currently registered private passenger motor vehicle nor a named insured or insured under any private passenger motor vehicle policy on May 3, 2008. Therefore, Plaintiff, Joseph M. Garrett, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, JOSEPH GARRETT, demands judgment against Defendant, AMANDA ARNOLD, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attornevs&p Plaintiff By: ;(ft6fnejK. D-A343ff3 2225 Millennium Way Enola, PA 17025 Esq. Date: ??i , ?? • VERIFICATION • I, C1 hereby acknowledge that I am a Plaintiff in this action and that I have read the D'1G3? and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SI nature Date: GAGLOBAMPDATAVOCSUNITIAL CONSULT DOCS (SETUPS)%Verification.wpd SHOLLENSERGER 8 JANU221, LLP 2225 MMOrVW- Way. EnoW, PA 17025 (717) 728-3200 ! FAX (717) 726.3200 o0 Rb w a OD V1 60 ? d 71 ..r; c D w; - mo 0 r ? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 r1u(n11cvZ5 iur r-IdUIliii JOSEPH M. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA ARNOLD, Defendant NO. b?8 - 7a a CiV i t 7etr1.--- CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT To: AMANDA ARNOLD 617 Altavista Avenue Harrisburg, Pennsylvania 17109 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: The contents of any investigation file or files, and any other documentary material in your possession or control which support or relate to the allegations contained in the Plaintiffs' Complaint or the allegations contained in the Defendant's Answer and New Matter (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiffs' claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorney). ANSWER: 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. ANSWER: 3. Any documents, including but not limited to Defendant's cell phone or car phone records, which include the time and date of all cell or car phone calls placed by the Defendant on the date of the collision. ANSWER: 4. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. ANSWER: 5. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. ANSWER: 6. The face sheet and policy of insurance that covered the Defendant on the date of the incident against the type of risk or loss involved in this case. ANSWER: 7. Any medical reports, records, notes or other memoranda concerning the Plaintiffs physical or emotional conditions. ANSWER: 8. Any repair bills or estimates of damage for the vehicle the Defendant was operating at the time of this incident. ANSWER: 9. All accident reports prepared by the Plaintiffs or on the Plaintiffs' behalf pertaining to the incident alleged in the Complaint. ANSWER: 10. All accident reports prepared by the Defendant or on the Defendant's behalf pertaining to the accident alleged in the Complaint. ANSWER: 11. All resumes or curriculum vitae of each and every technician or expert whom you intend to call as a witness during the trial of this case. ANSWER: 12. All exhibits which you intend to introduce at the trial of this action. ANSWER: 13. A list of all witnesses, both lay and expert, which you intend to call at the time of trial. ANSWER: 14. Any and all surveillance, tapes, films, motion pictures, photographs, or other documents conducted in the nature of surveillance or as part of a surveillance of any of the parties in this case. ANSWER: 15. The complete "claims search summary" under the "index system" including, but not limited to, any claims report that was obtained or exists with respect to the Plaintiffs. ANSWER: 16. A photostatic copy of the owner's and operator's driver's licenses, as well as registration card for the vehicle involved in the incident which is the subject of this law suit. ANSWER: 17. Any and all documents or things that are obtained through the use of a subpoena to produce documents and things pursuant to Pa.R.C.P. 4009.22. ANSWER: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for laintiffs By: Tim y ollenbe er, Esq. Attorney I.D. #34343 2225 Millennium Way Enola, PA 17025 (717) 728-3200 (717) 728-3400 (fax) Date: -? Cl . - ('j Fi7 T? Fr! O ±' 1? SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH M. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA ARNOLD, Defendant NO. 08 - 7901 # 1 ?"e rw• CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES PROPOUNDED BY PLAINTIFF TO,BE ANSWERED BY DEFENDANT To: AMANDA ARNOLD 617 Altavista Avenue Harrisburg, Pennsylvania 17109 Pursuant to the Provisions of Pa. R. C. P. 4005 and 4006, as amended, you are required to serve on the undersigned your Answers and Objections, if any, in writing, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa. R. C. P. 4007.4 as amended. If between the time of serving your original Answers to these Interrogatories, and the time of trial of this matter, you or anyone acting in your behalf learn the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made, or knows that an Answer though correct when made is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnished such a Supplemental Answer on the undersigned. Definitions. -- The following definitions are applicable to these standard interrogatories: SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to - (1) A natural person, his or her; a. full name; and, b. present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: a. its description (e.g., letter, memorandum, report, etc.), title and date; b. its subject matter; C. its author's identity; d. its addressee's identity; e. its present location; and, f. its custodian's identity; (3) An oral communication: a. its date; b. the place where it occurred; C. its substance; d. the identity of the person who made the communication; e. the identity of each person whom such communication was made; and, f. the identity of each person who was present when such communication was made; (4) A corporate entity: a. its full corporate name; b. its date and place of corporation, if known, and, c. its present address and telephone number; (5) Any other context: A description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. 2 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 "Person" means a natural person, partnership, association, corporation, or government agency. STANDARD INSTRUCTIONS The following instructions are applicable to these standard interrogatories. (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity of discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 3 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 1 I 1. Personal Information. -- State: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; C. The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five (5) years; e. Your present occupation and the name and address of your employer; f. Date of your birth; g. Your Social Security number; h. Your military service and positions held, if any; and, i. The schools you have attended and the degrees or certificates awarded, if any. 4 SHOLLENBERGER 8 JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 2. Witnesses. -- a. Identify each person who: (1) was a witness to the incident through sight or hearing and/or (2) has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. b. With respect to each person so identified, state that person's exact location and activity at the time of the incident. 5 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 3. Trial Witnesses. -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. 6 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 4. Trial Preparation Material. -- If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5, conducted any investigations of the incident, identify: a. each person, and the employer of each person, who conducted any investigation(s); and, b. all notes, reports or other documents prepared during or as a result of the investigation (s) and the persons who have custody thereof. 7 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 5. Interviews and Statements. -- State the name, age, address (including the street, street number, city and state), occupation and place of employment of every person interviewed by you or by anyone acting on your behalf in regard to the happening of the accident set forth in the Plaintiff's Complaint or as to Plaintiff's physical condition either before or after the date of the accident or as to oral statements made by the Plaintiff concerning her physical condition or as to the happening of the accident, along with the date and place of such interviews, the name of the person conducting such interviews, and the relationship of such interviewer to Defendant. 8 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 1 FAX(717)728-3400 6. Demonstrative Evidence. -- If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: a. the nature or type of such item; b. the date when such item was made; C. the identity of the person that prepared or made each item; and, d. the subject that each item represents or portrays. 9 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 726-3200 ! FAX (717) 726-3400 7. Trial Exhibits. -- Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. 10 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 8. Has the Plaintiff to this cause every made any oral statements regarding the happening of this accident, the events immediately preceding the accident or as to the nature and extent of her injuries received in this accident. If so, list the dates and locations such statements were made, the names and addresses of those persons to whom said statements were made and names and addresses of all other persons who heard or were present at the time said statements were made. 11 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 9. Did you or anyone acting in your behalf submit any notes, reports, statements or memorandums to your insurance liability carrier concerning this incident? If so, state the date when such report or statement was made and the person or persons to whom it was made. 12 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 10. Insurance. -- If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. the name of the insurance carrier which issued the policy; b. the named insured under each policy and the policy number of each policy; C. the type(s) and effective date(s) of each policy; d. the amount of coverage provided for injury to each person, for each occurrence, and in the aggregate, for each policy; and, e. each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. 13 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 11. Defenses. -- State with particularity the facts upon which you intend to rely in establishing any of the following defenses: a. that the Plaintiff was contributorily or solely negligent; b. that the incident was caused by the negligent act of a third party or agency other than the named Defendant; C. that the incident occurred as a result of negligence on the part of no one; d. that the Court lacks jurisdiction over the present action; and, e. that the Plaintiffs claim is barred by the defense of assumption of risk. 14 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 12. Factual Basis for Claims and Defenses. -- State with particularity the factual basis for each claim or defense you are asserting in this case. 15 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 13. Expert Witnesses. -- Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. the subject matter about which the expert is expected to testify; and, b. the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert.) 16 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 14. Books, Magazines, Etc. -- If you intend to use any book, magazine, or other such writing at trial, or in depositions for use at trial, state: a. the name of the writing; b. the author of the writing; C. the publisher of the writing; d. the date of publication of the writing; and, e. the identity of the custodian of the writing. 17 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 15. Licensure. -- If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: a. the type of license required; b. the date you first obtained such a license; C. the dates of issuance and expiration of your current license(s); d. the identity of the authority that issued your license(s); e. the number of your license(s); the nature and duration of any revocation or suspension of your license(s); and, g. the special restrictions, if any, imposed on your license. 18 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 16. Defendant's Background. -- Have you ever pled guilty, nolo conteneve or been convicted of a crime that involved dishonesty or false statement? If so, for each such crime, please state the following: (a) date of conviction or plea; (b) your release from the confinement imposed for that conviction; (c) whether said conviction has been the subject of a pardon or other equivalent procedure based on a specific finding of innocence; (d) a pardon or other equivalent procedure based on a specific finding of rehabilitation of the person convicted, and that person has not been convicted of any subsequent crime; (e) if an appeal is pending. 19 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 17. Substance Impairment. -- If you consumed any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight (8) hours immediately preceding the incident, state: a. the nature, amount, and type of item consumed; b. the amount of time over which consumed; C. the identity of any and all persons who have any knowledge as to the consumption of those items, and, d. the identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. 20 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 18. Physical or Mental Disability. -- If you were under any physical or mental disability at the time of the incident, explain the disability. 21 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 19. Criminal Charges Related to Incident. -- If you have been charged with any criminal violations as a result of the incident, describe the charges and identify all documents filed or served in connection with those charges. 22 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 1 FAX(717)728-3400 20. Have you ever been charged for any violation of the motor vehicle traffic laws or ordinances of any state or municipality other than from the incident referred to in the Complaint? 23 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 21. Admissions. -- If you intend to use any admission(s) of a party at trial, identify such admission(s). 24 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 22. Motor Vehicle Information. -- With respect to all motor vehicles involved in the incident, state: a. the identities of the owner(s) and operator(s) of each vehicle; b. the identity of the passenger(s) in each vehicle, if any; and, c. the make, model and year of each vehicle. 25 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 23. Motor Vehicle Damage. -- With respect to any vehicle you owned or operated that was involved in the incident, state: a. the nature of any damage existing prior to the incident; b. the identity of any person who performed repairs to the vehicle following the incident; C. the total amount of the repair bill(s), or if not yet repaired, the total estimated cost of repairing the vehicle or the estimated value of the damages to the vehicle (include the identity of the person furnishing any such estimate); d. the date and place of last state inspection prior to the incident and identify the person making said inspection; and, e. the nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. 26 SHOLLENBERGER 8 JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 24. Motor Vehicle Operation. -- With respect to the vehicle you operated or in which you were a passenger, state: a. the destination and the point and time of departure of the vehicle; b. the purpose of the trip or journey in the vehicle; C. the time and place of all stops and departures between the commencement of the trip or journey and the time of the incident; d. whether the operator of the vehicle was familiar with the surrounding area of the incident; and, e. the weather conditions at the time of the incident, including visibility and roadway conditions. 27 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 25. Motor Vehicle Accident Causation. -- State in detail the manner in which you assert that the incident occurred, specifying the speed, position, direction and location of each vehicle involved during its approach to, at the time of, and immediately after the collision. 28 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 26. Has the Defendant, or any representative of the Defendant, his counsel or his insurer performed or contracted to be performed, or arranged in any way, any type of surveillance of the Plaintiff or her activities at any time. If so, please identify each such person(s) or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes or other information, including, but not limited to videos, 8 mm. film and hand written notes. 29 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 27. At the time of the collision, were you in the course and scope of your employment? If so, state a. the name of your employer? b. your employer's address and telephone number? SHOLLENBERGER & JANUZZI, LLP By: Date: ! - 9, &F 30 eylD#34343 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX(717)728-3400 _ = r-7 CD -pry r f7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRETT JOSEPH M VS ARNOLD AMANDA 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: ARNOLD AMANDA but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 6th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 18.00 -? Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Dauphin County 47.25 Sheriff of Cu Berland County Postage 1.32 85.57 01/06/2009 SHOLLENBERGER & JANUZZI Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. co 4.a? i £ ., c`s (Ptfitt of the hL*rf:fj Ma%Jane Snyder R Estate Depu William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy JOSEPH M. GARRETT VS AMANDA ARNOLD Sheriff s Return No. 2008-T-2586 1 OTHER COUNTY NO. 2008-7224 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for AMANDA ARNOLD the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, DECEMBER 30, 2008. PER ANDREW ECKERT, RESIDENT FOR 17 YEARS DOES NOT KNOW DEFENDANT Sworn and subscribed to before me this 30TH day of December, 2008 Aoiw NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County M Commission Expires Sept 12010 So Answers, n1^1c- Sheriff of D ixv4 B Y Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $ PAID BY COUNTY In The Court of Common Pleas of Cumberland County, Pennsylvania- Josepb M. Garrett vs. Amanda Arnold No. 2008-7224 Civil Now, 12/1.1/Q9 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, _ within 20 at o'clock upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, COSTS SERVICE $ MILEAGE AFFIDAVIT M. served the the contents thereof. County, PA C ev g Q 'fit l Mt Mr Of W OD e ti C 73 1 SHOLLENBERGER & JANUZZI, LLF 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff --7 JOSEPH M. GARRETT, Plaintiff V. AMANDA ARNOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS-?aAq CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE' COMPLAINT To the Prothonotary: Please reissue the Complaint against the Defendant, Amanda Arnold. Respectfully submitted, SHOLLENBERGO & JANUZZI, LLP By: T?6dhy A. Shollenberger, Esquire Adam T. Wolfe, Esquire Dated: January 7, 2009 CASE NO: 2008-07224 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARRETT JOSEPH M VS ARNOLD AMANDA MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ARNOLD AMANDA the DEFENDANT , at 1647:00 HOURS, on the 15th day of January , 2009 at 1220 NORTH DRIVE MECHANICSBURG, PA AMANDA ARNOLD by handing to a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES REOUEST FOR PRODUCTION OF DOCUMENTS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 12.60 , 56 10.00 R. Thomas Kline 00 41.16 01/16/2009 SHOLLENBERGER J UZZI By: day Deputy Sheriff of A. D. Y 1 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Attorneys for Defendant Arnold JOSEPH M. GARRETT Plaintiff V. AMANDA ARNOLD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7224 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Amanda Arnold in the above-captioned matter. Respectfully submitted, J erson J. Shipifian, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: January 22, 2009 356268 JOHNSON, DUFFIE, STEWART & WEIDNER CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 22, 2009: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Attorney for Plaintiff JOH , DUFFIE, STEWART & WEIDNER J er on J. Shipm n, Esquire r?-41 f } a? •" y13 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH M. GARRETT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA ARNOLD, Defendant NO. 08-7224 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW COMES THE PLAINTIFF, JOSEPH M. GARRETT, by and through his attorney, SHOLLENBERGER AND JANUZZI, LLP, files his Reply to New Matter of Defendant, Amanda Arnold (hereinafter "Defendant"), and, in support thereof, respectfully represents the following: 1-18. Paragraphs 1 through 18 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 19. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 20. The above referenced averment is a conclusion of laver to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 21 a. Denied. It is specifically denied that Plaintiff, Joseph Garrett, failed to abide by the traffic control devices in violation of 75 Pa.C.S.A. §31541. 21 b. Denied. It is specifically denied that Plaintiff, Joseph Garrett, failed to be attentive to the traffic conditions in violation of 75 Pa.C.S.A. §3542. 21 c. After reasonable investigation, the Plaintiff is without knowledge sufficient to form a belief as to the truth of said averments and therefore said averments are denied. 21d. Denied. It is specifically denied that Plaintiff, Joseph Garrett, failed to yield to the Defendant's vehicle in violation of 75 Pa.C.S.A. §3543. 21e. Denied. It is specifically denied that Plaintiff, Joseph Garrett, failed to take an alternative means to his destination without crossing the (highway. 21f. Denied. It is specifically denied that Plaintiff, Joseph Garrett, failed to wear conspicuous clothing to be seen by operators of vehicles. 21g. Denied. It is specifically denied that Plaintiff, Joseph Garrett, walked and/or ran across a highway diagonally in violation of 75 Pa.C.S.A. §3542. 21 h. Denied. It is specifically denied that Plaintiff, Joseph Garrett, walked and/or ran into the path of a vehicle which was so close as to constitute a hazard in violation of 75 Pa.C.S.A. §3542. 21 i. Denied. It is specifically denied that Plaintiff, Joseph Garrett, walked and/or ran across a highway at night in rain wearing dark clothing. 21j. Denied. It is specifically denied that Plaintiff, Joseph Garrett, walked and/or ran across a highway at night in rainy conditions wearing dark clothing and failed to see the Defendant's vehicle. 21 k. Denied. It is specifically denied that Plaintiff, Joseph Garrett, walked and/or ran across a highway in a hurried or otherwise inappropriate manner. 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 24. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff, JOSEPH GARRETT, respectfully requests that the Defendants' New Matter be dismissed and judgment entered in favor of the Plaintiffs as a matter of law. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attc By: Date: 03 , 2 g L q SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff JOSEPH M. GARRETT, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7224 AMANDA ARNOLD, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED And now, this 24th day of March 2009, 1 hereby certify that a true and correct copy of the foregoing Reply to New Matter has been served upon the following, Attorney for Defendant, via U.S. Mail: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 S B L1 i' _i C's SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH M. GARRETT, Plaintiff V. AMANDA ARNOLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7224 CIVIL ACTION - LAW JURY TRIAL DEMANDED 'To INS000M, NO# Please mark the above-captioned matter as discontinued. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ono br, Esq. . D. # 4343 Date: o 6 r6 . o q • SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff JOSEPH M. GARRETT, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7224 AMANDA ARNOLD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED And now, this jg?day of June 2009, 1 hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue has been served upon the following, via U.S. Mail: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 SHOLLEN By: E_R & JANUZZI, LLP ;'Esquire 2 Shollenberger & Januzzi, 2225 Millennium Way, Enola, PA 17025 717-728-3200 FILED- " I` 2009 J%l 19 PEl 12: ii =4 :?At? CUM*--, 72 F. Ralph Godfrey, Esquire CIPRIANI & WERNER, P.C. Attorney for Plaintiff 1011 Mumma Drive, Suite 201 Lemoyne, PA 17043 Tele: (717) 975-9600 Fax: (717) 975-3846 Email: r2odfrcy a e-wlaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA A-C KUHN & SON, INC., Plaintiff, VS. JOHN W. GLEIM, JR., INC., Defendant NO. 2008-7425 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF A-C KUHN & SON. INC.'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, A-C Kuhn & Sons, Inc., by and through its attorneys, answers the corresponding numbered paragraphs of Defendant's New Matter as follows: 47. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, Plaintiff has or has attempted to mitigate its damages. Strict proof is demanded at the time of trial. 48. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, Plaintiff's damages are reasonable. Strict proof is demanded at the time of trial. 49. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. Strict proof is demanded at the time of trial. V 50. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, Defendant is required to indemnify Plaintiff for all of the reasons stated in Plaintiff s Complaint. Strict proof is demanded at the time of trial. 51. Admitted but with qualification. It is admitted that Plaintiff never sought to join Defendant in the arbitration for several reasons. First, Defendant was not a party to the contract between Plaintiff and the Rosenstrauchs, which required arbitration of disputes. Furthermore, the agreement between Plaintiff and Defendant did not contain an arbitration clause compelling arbitration. Also, initially it was thought that the stormwater problem was caused by a swale problem or because of the stonmwater runoff from the construction of a warehouse above the subject property. Plaintiff also relied upon Defendant's representation that Retention Pond #2 had been built to exceed the design specifications set forth in the Plan. It was not until the eve of the arbitration that it was discovered by Plaintiff that Defendant had only constructed Retention Pond #2 to only 1/3 the required size. 52. Denied. By letter dated July 27, 2004, Plaintiff notified Defendant of the violations cited by the York Conservation District with its work. As for the stromwater problem, it did not become apparent until several months after the Rosenstrauchs took possession of the property. On September 21, 2005, Defendant stated to Plaintiff's attorney, upon which Plaintiff relied, that Retention Pond #2 had been built to exceed the design specifications set forth in the Plan. Therefore, based upon the representations of Defendant, there was no need to "advise" Defendant that Retention Pond #2 needed to be enlarged. Furthermore, on April 21, 2005, via email, Defendant refused to do any additional repairs at its expense and stated that the problem M was not because of anything they had installed. On May 6, 2005, Defendant, via email, again denied responsibility for the stormwater problem. As for the deficient size, it was not discovered until the eve of the arbitration. Therefore, Plaintiff did not become aware of Defendant's faulty and poor workmanship concerning the size of Retention Pond #2 until that time. 53. Denied as stated. By letter dated July 27, 2004, Plaintiff notified Defendant of the violations cited by the York Conservation District with its work. In September, 2005, Defendant stated to Plaintiff's attorney, upon which Plaintiff relied, that Retention Pond #2 had been built to exceed the design specifications set forth in the Plan. Therefore, based upon the representations of Defendant, there was no need to request that Defendant enlarge Retention Pond #2. Furthermore, on April 21, 2005, via email, Defendant refused to do any additional repairs at its expense and stated that the problem was not because of anything it had installed. On May 6, 2005, Defendant, via email, again denied responsibility for the stormwater problem. Furthermore, prior to Plaintiff learning that Retention Pond #2 had only been constructed to 1 /3 the required size, the Rosenstrauchs made certain changes to Retention Pond #2 and then requested reimbursement. Plaintiff did not discover that Retention Pond #2 was only built to 1/3 the required size until the eve of the arbitration and after the work had been completed by the Rosenstrauchs. Therefore, Plaintiff never had an opportunity to request that Defendant enlarge Retention Pond No. 2 after it had learned that it had been constructed to the improper size. 54. Denied in part; admitted in part. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. Furthermore, the term "responsible" is ambiguous and overly broad and therefore the allegations are denied. It is admitted only that Plaintiff's engineer developed the stormwater management plan. By way of a further response, Defendant had the responsibility to construct Retention Pond #2 in accordance with the Plan, which it failed to do. 55. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, Defendant was not required and did not need to to do any work off the Rosenstrauch's property to properly construct Retention Pond #2. 56. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the contrary, the stromwater problem was caused directly by Defendant's failure to construct Retention Pond No. 2 to the required size. Strict proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant for damages in an amount that exceeds the limit for mandatory arbitration in this Court, plus interest, costs and such other and further relief as the Court deems just and proper. CIPRIANI & WERNER. P.C. By Date: / D 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Attorneys for Plaintiff A-C Kuhn & Son, Inc. VERIFICATION I, A.C. Kuhn, hereby certify that the facts set forth in the foregoing Plaintiff's Reply to Defendant's New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. I have read the Reply, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. I hereby acknowledge that the facts set forth in the aforesaid Reply are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. C". 71µe Date: r CERTIFICATE OF SERVICE AND NOW, this -/? day of June 2009, I, E. Ralph Godfrey, Esquire, hereby certify that I served a copy of the within Reply this day by depositing the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to: Daniel L. Sullivan, Esquire Saidis, Flower & Lindsey 2109 Market Street Camp Hill, PA 17011 FILED- JF TN" F r. - aq 2069 JH 19 AH 9: 5 2 1-%ut ";. 1 1, i. 1 1.4, y