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Home My WebLink About10-1212 .s 20 10 FFB 22 Fr 1. I:5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. lO - lX; Ct.ZC_rsl '"L Civil Action (X) Law () Equity Sherri Kimmel and David Liu, her husband 112 Hillside Road Mechanicsburg, PA 17050 Plaintiff(s) & Address(es) Adam Foltz 905 N. College Street Carlisle, PA 17013 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a Writ of Summons in the above-captioned action. X A Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff. J? C. Kramer, Esquire /e4rard upreme Court I.D. No. 44715 Date: chmidt Kramer PC 209 State Street Harrisburg, PA 17101 (717) 232-6300 91 .GU f? a. 3 796V WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: t6 Z7)7?) q Prothonotary Deputy ) Check, here if reverse is issued for additional information SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~4~~~it~, of ~au+f,Frlr~~~ taF ~~«,~ U=FJu,~ lh'~ F'-~~;~~ C~. ;;~;~~ , CRY 20f 0 f~~~ _ g °~ 2 26 ~~~4~,y , _:: Sherri Kimmel (et al.) vs. Adam Foltz SHERIFF'S RETURN OF SERVICE Case Number 2010-1212 02/25/2010 03:11 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 25 2010 at 1511 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Adam Foltz, by making known unto Helen Liszman, Grandmother of defendant at 905 N. College Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 SO ANS S, February 26, 2010 RO R ANDERSON, SHERIFF By `~ Deputy eriff .;cie^:~y m ~t`E;ri! 7c.e : `t. I.°,;. k~ r ~,^ t; 1/ 201D JUG 17 Pr'' 3~ U cu~~ r~ ~.:. d..., w, ~~ ~.~11i~1~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SHERRI KIMMEL and DAVID LIU, her husband, NO. 10-1212 Plaintiffs, ADAM FOLTZ, Defendant. v. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17927 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRI KIMMEL and DAVID LIU, her CIVIL DIVISION husband, Plaintiffs, NO. 10-1212 v. (Jury Trial Demanded) ADAM FOLTZ, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Adam Foltz, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE $CSK~L,,~.C. By: vin D.fRauch, Esquire unsel for Defendant i a, ~, 1 ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPERANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16t" day of June, 2010. Gerard C. Kramer, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKFEL, P.C. By: in D. Rdu,~h, Esquire nsel for Defendant FlL ~. i r~~~°. ~ ~;'~~ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRI KIMMEL and DAVID LIU, her husband, Plaintiffs, v. CIVIL DIVISION NO. 10-1212 ANSWER AND NEW MATTER ADAM FOLTZ, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. Su~~r~s~Wlc~bonnell, Hudock, Gut ie 8~ Skeel, P.C. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17927 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERRI KIMMEL and DAVID LIU, her husband, Plaintiffs, v. ADAM FOLTZ, Defendant. CIVIL DIVISION NO. 10-1212 (Jury Trial Demanded) ANSWER AND NEW MATTER AND NOW, comes the Defendant, Adam Foltz, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that the Defendant was negligent in the operation of his motor vehicle on the date, time, and place of the subject accident. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. COUNT I SHERRI KIMMEL v. ADAM FOLTZ NEGLIGENCE 7. In response to paragraph 7, the Defendant reiterates and repeats all his responses in paragraphs 1 through 6 as if fully set forth at length herein. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 and all its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Adam Foltz, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. CO DAVID LIU v. ADAM FOLTZ LOSS OF CONSORTIUM 17. In response to paragraph 17, the Defendant reiterates and repeats all his responses in paragraphs 1 through 16 as if fully set forth at length herein. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Adam Foltz, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 19. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 20. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 21. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 22. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Adam Foltz, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE ~ SKEEL, P.C. By: v v v ~.~ Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. l20 ~~O ~~~~~ Date. Adam F #17927 a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER ANED NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 28th day of July, 2010. Gerard C. Kramer, Esquire Schmidt Kramer PC 209 State Street Harrisburg, PA 17101 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: Ke ' .Rauch, Esquire Counsel for Defendant .. SCHMIDT KRAMER PC BY: Gerard C. Kramer, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) ~kramer(a),schmidtkramer. com SHERRI KIMMEL and DAVID LIU, her husband Plaintiff v. ADAM FOLTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ti ~ ; • -t r "; -i No. 10-1212 Civil Term - ~ ~ ~' ~ _~ ;.; - ,~, ~, CIVIL ACTION -LAW _.=~ L ~ - ~., ,~ JURY TRIAL DEMANDED =~ `' xr7 c_._ ~h ANSWER TO NEW MATTER AND NOW, comes the Plaintiffs, Sherri Kimmel and David Liu, her husband, by and through their attorneys, Schmidt Kramer PC, respectfully responds to new matter as follows: 19. No responsive pleading is necessary. 20. No responsive pleading is necessary. 21. No responsive pleading is necessary. 22. No responsive pleading is necessary. WHEREFORE, the Plaintiffs, Sherri Kimmel and David Liu, demands judgment on the Defendant, Adam Foltz, and in their favor in an amount in excess of an amount requiring compulsory arbitration. DATED: '~/ (U J~d B Y Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs Respectfully submitted 3CHMIDT KRAMER PC Y G and C. Kramer ttorne at Law VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff, and that the foregoing document is based upon information within the knowledge of the Plaintiff and attorney. However, the Plaintiff has not been able to verify it fully as of yet. For that reason, I make this Verification on Plaintiff s behalf. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC •~~ Date: f0 ~~ By erard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ~ day of ~ 2010, I hereby certify that I have, this day, caused a copy of the foregoing document to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Kevin Rauch, Esquire Summers, McDonnell, Hudock, Guthrie 8s Skeel, L.L.P 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 3CHMIDT KRAMER PC ~-----~' By: Gerard C. Kramer, Esquire I.D.# 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax gkramer@schmidtkramer. com Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 30 Ail 8- 25 CUMBERLAND COUNITY lC?? ?E???SYL?AIIIA ,4'? SCHMIDT KRAMER PC BY: Gerard C. Kramer, Esquire I.D. # 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) &ramer(c_schmidtkramer com Sherri Kimmel, : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA Plaintiff V. : No. 16 - lot / I?- Adam Foltz, CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff 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 (20) days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Respectfully submitted, SCHMIDT KRAMER PC By: Berard C. Kramer, Esquire ID # 4471.5 209 State Street Harrisburg, PA 17101 717-232-15300 Attorney for Plaintiff Date: /"?ae /a SCHMIDT KRAMER PC BY: Gerard C. Kramer, Esquire, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) akramer@,schmidtkramer.com Sherri Kimmel, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Adam Foltz, : No. 10-1212 : CIVIL ACTION'- LAW Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA To: Counsel of Record: Sherri Kimmel, intend(s) to serve a subpoena on Verizon Wireless, identical to the one that is attached to this Notice. You have twenty (20) days 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. Respectfully submitted, SCHMIDT KRAMER U By: Date: ,Oe' rard C. Kramer, Esquire I.D. No. 44715 209 State Street Harrisburg, PA 17101 Attorneys for Plaintiff (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received; and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. By: Respectfully submitted, SCHMIDT KRAMER PC Gerard C. Kramer, Esquire ID # 44715 209 State Street Harrisburg, PA 17101 717-232-6300 Attorney for Plaintiff - U Date: V' Sherri Kimmel, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. : No. 10-1212 Adam Foltz, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: VERIZON WIRELESS - Legal Compliance Custodian of Record PO Box 1001 San Angelo, TX 76902 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things at the law offices of SCHMIDT KRAMER PC, 209 State Street, Harrisburg, PA 17101: 1. The wireless/ cellular records of: Adam Foltz, 905 North College Street, Carlisle, PA 17013 Date of service: March 20, 2008. Cellular number: (717)512-6533 You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above.. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena, within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street, Harrisburg, PA 17101 (717) 232-6300 Supreme Court I.D. #: 44715 Attorney for Plaintiff(s) DATE: I I " aq ?l C) Seal of the Court Civil Division Deputy CERTIFICATE OF SERVICE AND NOW, this -W4 day of 010, 1: hereby certify that I have, this day, caused a copy of the foregoing document to be served by deposit in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John Lucy, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P 100 Sterling Parkway, Ste. 306 Mechanicsburg, PA 17050 SCHMIDT KRAMER PC By: Z Gerard C. Kramer, Esquire I.D.# 447:15 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717)' 232--6467 Fax gkramer@schmidtkramer. com Attorney for Plaintiff