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Home My WebLink About01-4940 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA MARY A. LEWIS : 199 Grafton Street : Rochester, NY 14615 : Plaintiff STEPHANIE M. KR3~NCHICK 579 Crossroad School Road Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA xo.: 01-- Y?go CIVIL ACTION - LAW JURY TRIAL DEMANDED P~AECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action and forward it to the Sheriff for service. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~u~r~eL~o~c~?g~'6k~55~ire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: You are hereby notified that the above-named Plaintiff has commenced an action against you. Date: Prot [~-~o[ ra~y~ ~ SHERIFF'S RETURN CASE NO: 2001-04940 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEWIS MARY A VS KRANCHICK STEPHANIE M - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KRANCHICK STEPHANIE M the DEFENDANT , at 0940:00 HOURS, at 579 CROSSROAD SCHOOL RD CARLISLE, PA 17013 on the 27th day of August , 2001 by handing to JACK KRANCHICK FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ day of _3~ J~! A.D. t ~rothonotary So Answers: R. Thomas Kline 08/28/2001 SAIDIS SHUFF FLOWER & LINDSAY e-puty Sheriff F:~FiLES~DATAF1LE\Prgdoc. cur\ 141 -pr a l/tde Created: 08/09102 11:52:53 AM Revised: 08/09/02 11:57:53 Aid 7837.141 MARY A. LEWIS, Plaintiff Vo STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4940 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter the appearance ofMARTSON DEARDORFF WILLIAMS & OTTO on behalf of the Defendant in the above matter. Issue a role upon the Plaintiffto file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. MARTSON DEARDORFF WILLIAMS & OTTO Dated: August 9, 2002 Thomas J. Willia~ Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RULE AND NOW, this ~ay of August, 2002, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Dated: August 9, 2002 MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 01-4940 : 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 OR cANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland COunty Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Mary A. Lewis, by and through her attomey, Joseph L. Hitchings, Esquire, and avers in support of her Complaint against the Defendant, Stephanie M. Kranchick, as follows: 1. Plaintiff, Mary A. Lewis, is an adult individual residing at 169 Bock Street, Rochester, New York, 14609-4132. Defendant, Stephanie M. Kranchick, is an adult individual with a last known address of 579 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania, 17013. o On Tuesday, August 31, 1999, at approximately 7:00 a.m., Plaintiffwas the front seat, belted passenger in a 1996 Pontiac Transport van traveling northbound on State Route 81 in Silver Spring Township, Cumberland County, Pennsylvania. 4. State Route 81 is a four lane state road with two lanes of travel in each direction. At said time and place, the vehicle in which Plaintiff was a passenger was traveling in the left hand lane of State Route 81. At said time and place, Defendant, Stephanie M. Kranchick, was operating a 1993 Pontiac Grand Am vehicle in the left hand lane of State Route 81. Seeing that traffic was slowing up ahead, the driver of the vehicle in which the plaintiffwas a passenger, started applying the brakes and turned on the vehicle's four way flashers to indicate to vehicles behind them that traffic was slowing. As the vehicle in which the Plaintiffwas a passenger was coming to a stop with its four way flashers on, the vehicle driven by the Defendant collided with the rear of the vehicle in which the Plaintiffwas a passenger, causing that vehicle to be pushed into the fight hand lane and in turn strike a third vehicle which was stopped in the right hand lane. o The collision of the Defendant's vehicle with the vehicle in which the Plaintiff was a passenger was a direct and approximate result of the careless and negligent conduct of the Defendant, including but not limited to: a) Operating a vehicle in a reckless manner; b) Failing to maintain a proper look out; c) Failing to have her vehicle under proper control; d) Failing to stop her vehicle before colliding with the vehicle in which the Plaintiff was a passenger; e) Driving the vehicle at an unsafe speed for the conditions including the fact that the vehicles up ahead of her were slowing; f) Failing to maintain a safe distance between her vehicle and that in which the Plaintiffwas a passenger; g) Driving the Vehicle while distracted; h) Failing to comply with the provision of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence. 10. As a direct and proximate result of the careless and negligent conduct of the Defendant, Plaintiff sustained the following injuries and/or aggravations of pre- existing conditions, some or all of which may be permanent: a) Fractured left ankle; b) Second degree sprain of left foot; c) Chest contusion and resultant scarring; d) Various cuts, contusions, and braising to her torso, legs and face; e) Back, leg and foot pain; f) General pain and suffering. 11. Plaintiff suffered contusions to her chest which has resulted in permanent visible scars on her chest below her collarbone. 12. As a direct and proximate result of the careless and negligent conduct of the Defendant, Plaintiff has also suffered psychiatric injuries, some or all of which may be permanent including but not limited to emotional trauma, anxiety and depression. 13. As a result of the accident and injuries suffered therein, Plaintiffwas unable to work resulting in a loss of wages. 14. As a result of the accident and injuries sustained therein, Plaintiffhas suffered serious and permanent injuries which required treatment for which she has incurred medical bills and expenses and will require further medical treatment in the future. 15. As a result of the accident and injuries sustained therein, Plaintiffhas suffered an interruption of her daily habits and pursuits to her detriment and loss. 16. All injuries and damages as set forth herein, suffered by Plaintiff, Mary A. Lewis, were proximately caused by the negligence of Defendant, Stephanie M. Kranchick. WHEREFORE, Plaintiff, Mary A. Lewis, demands judgment against the Defendant, Stephanie M. Kranchick, in an amount in excess of $25,000.00 plus costs and interest. Respectfully Submitted, Date: Jo~l~h L. Hitchings,"~sq~ih'e,..x'~ St{preme Court ID# 65551 ~ 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 Sep 1,? ,0~ 03:03p SEP 1~ 2002 2:~2PM LR~ OFFICE 717-534-1344 p.? Mary A. Lewis MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, on this day of ,2002, I, Joseph L. Hitchings, Esquire, hereby certify that I served a true and correct copy of the foregoing documents upon all parties of record via United States Mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto 10 East High Street Carlisle, PA 17013 Respectfully submitted, Joseph L. Hitchings, Esquire Supreme Court ID# 65551 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 (717) 534-2600 MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY, PENNSYVLANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED PLAINTIFF' S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Mary A. Lewis, by and through her undersigned attorney, Joseph L. Hitchings, Esquire, and replies to Defendant's New Matter as follows: REPLY TO NEW MATTER 17. The Averments of Paragraph 17 are Conclusions of Law to which no responsive pleading is required. 18. DENIED. By way of further answer, Plaintiff was covered under a No- fault Insurance Policy issued in accordance with the laws of the State of New York. 19. The averments of Paragraph 19 constitute Conclusions of Law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature, it is specifically denied the Plaintiff did not suffer serious impairment of bodily function or permanent disfigurement. In further answer, Plaintiff did suffer serious impairment of bodily function as a result of the Defendant's negligence, including but not limited to, inability to walk for a period of time, the inability to work for a period of time, and the inability to care for herself. Plaintiff also received permanent disfigurement in the form of a scar on her chest as a result of the Defendant' s negligence. WHEREFORE, Plaintiff, Mary A. Lewis, demands judgment against Defendant Stephanie M. Kranchick, as set forth in her Complaint. Respectfully Submitted, TI-IE LAW OFFICE OF JOSEPH L. HITCHINGS Date/ J~eph L. I~itchings, E~uire Attorney for Plaintiff ~ x~ 2S0u~teW';0st Caracas Avenu~Xx,x Hershey, Pennsylvania 17033 MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED VERIFICATION I verity that the statements made in this Plaintiff's Reply to New Matter are mae and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa.C.S. § 4904 relating to un-sworn falsification to authorities. Date Mary A. ~/,ewis ' MARY A. LEWIS, Plaintiff, VS. STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, on this ~gc)tx day of ~,~,-' ~ 2002, I, Joseph L. Hitchings, Esquire, hereby certify that I served a true and correct copy of the foregoing Reply to New Matter upon all parties of record via United States Mail, postage prepaid, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams and Otto 10 East High Street Carlisle, PA 17013 Respectfully submitted, ~eph L. Supreme Court ID# 65551 203 West Caracas Avenue Suite 201 Hershey, Pennsylvania 17033 MARY A. LEWIS, Plaintiff Vo STEPHANIE M. KRANCHICK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4940 CIVIL ACTION-LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: MARY A. LEWIS, Plaintiff, and her attorney, JOSEPH L. IHTCHINGS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 1-16. AND NOW, comes Defendant by her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and generally denies the averments made in Plaintiffs Complaint pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 17. The Plaintiffs recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 18. Plaintiffor her representative chose the limited tort option by signing a valid selection form. 19. Plaintiffs injuries do not involve death, serious impairment of bodily function or permanent disfigurement. VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the pm-paration of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly f~lse averments, I may be subject to criminal penalties, WHERI~FORE, Defendant demands judgment in her favor and dismissal of Plaintiff's Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO Date: Thomas J. Willhtms, Esquire I. D. Number 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby ce~ify that a copy of thc foregoing Defendant's Answer With New Matter to Plaintiff's Complaint was served this date by depositing same in the Post 0fficc at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire 203 West Caracas Avenue, Suite 201 Hershey, PA 17033 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost ~" Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: