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Home My WebLink About14-0606 Supreme Coin �o Pennsylvania r Cou o%n10 t Pleas For Prothonotary Use Only: C, ai1- �oShe�t rJ.zl;�: Docket No: �S V Cv�;�berland County Ro(� o,,�, 1-�1 1 ' The information collected on this form is used solely,for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint [3 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Kiersten Stoner a /k/a Kiersten Belile Daniel Fickes T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? ix' Yes 0 No (check one) x{ outside arbitration limits 0 j N Is this a Class Action Suit? ; �� Yes ED No Is this an MDJAppeal? El Yes (R No A Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esquire, counsel for Plaintiff l Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) R Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your j PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS I Intentional n Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 1 , 7 _ 1 Board of Assessment x Motor Vehicle 0 Debt Collection: Other 3 Board of Elections ( i Nuisance 0 Dept. of Transportation ; 11 Premises Liability 0 Statutory Appeal: Other S Product Liability (does not include Employment Dispute: j E mass tort) Slander/Libel/ Defamation Discrimination C Other: E3 Employment Dispute: Other I_i Zoning Board , Other: Other: r' O MASS TORT L1i Asbestos N p Tobacco 0 Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: � Ejectment Common Law /Statutory Arbitration B Eminent Domain /Condemnation Declaratory Judgment 0 Ground Rent Mandamus n Landlord /Tenant Dispute rJ Non- Domestic Relations j Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY :? Mortgage Foreclosure: Commercial 1:3 Quo Warranto 1 -71 Dental [3 Partition Replevin i_] Legal f3 Quiet Title Other: 7-1 Medical 0 Other: =7 Other Professional: i Updated 1/1/2011 re JA 30 N1 7 PL Nis COW11Ty APVIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for Plaintiff E -mail: dlutz @angino- rovner.com KIERSTEN STONER a/k/a KIERSTEN IN THE COURT OF COMMON PLEAS BELILE, CUMBERLAND COUNTY, V P Plaintiff NO. l V. CIVIL ACTION — LAW DANIEL FICKES, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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. ox � LL 544828 �� 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, PA Telephone number- 717- 249 -3166 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, 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 objecciones 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 ma's aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. US TED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA . Telephone number- 717- 249 -3166 544828 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 -5610 Attorneys for'Plaintiff E -mail: dlutz @angino - rovner.com KIERSTEN STONER a/k/a KIERSTEN IN THE COURT OF COMMON PLEAS BELILE, CUMBERLAND COUNTY, PA Plaintiff NO. V. CIVIL ACTION — LAW DANIEL FICKES, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Kiersten Stoner a/k/a Kiersten Belile (hereinafter referred to as Kiersten Stoner) is an adult individual and citizen of the Commonwealth of Pennsylvania who presently resides in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Daniel Fickes is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 201 Red Bank Road, Dover, York County, Pennsylvania, 17315. 3. The facts and occurrences hereinafter related took place on or about November 12, 2013, in the crosswalk located on the Carlisle Pike, Hampden Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Kiersten Stoner was walking north in the crosswalk on the Carlisle Pike when struck by a 1998 Jeep Cherokee driven by Defendant Daniel Fickes as he had been traveling east on the Carlisle Pike. 5. As Plaintiff Kiersten Stoner was walking across the crosswalk, Defendant Daniel Fickes did not see her in the crosswalk until it was too late to avoid colliding into her causing her to be thrown into the middle of the intersection wherein she sustained personal injury. 544828 _ 6. The foregoing motor vehicle /pedestrian collision and all of the injuries and damages set`forth herein sustained by Plaintiff Kiersten Stoner are the direct and proximate result of the negligent manner in which Defendant Daniel Fickes operated his motor vehicle as follows: i a. failure to see Plaintiff Kiersten Stoner in a crosswalk; b. failure to stop his Jeep before striking Plaintiff Kiersten Stoner in a crosswalk; C. failure to yield the right =of- -way to Plaintiff. Kiersten Stoner as she is walking in a crosswalk; and d. driving his vehicle in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 7. Plaintiff Kiersten Stoner sustained painful and severe injuries, which include but are not limited to multiple trauma, right L5 transverse process fracture, fracture through S 1 that extends from the vertebral into the right lamina, comminuted oblique fracture through the right lateral S3 vertebral body, left superior and inferior pubic rami fractures, comminuted of the left proximal humerus, fracture fragment of the left anterior, malleolus and multiple contusions and abrasions. 8.. By reason of the aforesaid injuries sustained by Plaintiff Kiersten Stoner, she was _ forced to incur liability for hospitalization, medical treatment, and similar miscellaneous expenses in order to restore herself to health, and claim is made therefor. 9. Because of the nature of her injuries, Plaintiff Kiersten Stoner has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 544828 2 10. As a result of the aforementioned injuries, Plaintiff Kiersten Stoner has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff Kiersten Stoner has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 12. Plaintiff Kiersten Stoner continues to be plagued by persistent pain and limitation and avers that her injuries may be of a permanent nature, causing residual problems for the remainder of -her lifetime, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Kiersten Stoner has sustained work loss and a diminution of her earning capacity, and claim is made therefor. WHEREFORE, Plaintiff Kiersten Stoner demands judgment against Defendant Daniel Fickes for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. avi .Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 23 8 -6791 —phone (717) 238 -5610 — fax dlutz@angino-rovner.com Dated: Attorney for Plaintiffs 544828 3 VERIFICATION I, Kiersten Stoner a/k/a Kiersten Belile, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Witness Kiersten Stoner a/k/a Kiersten Belile Dated: 544828 4 Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211, Harrisburg, PA 17112 Attorney for Defendant, (717) 901-5002 Daniel Fickes Fax: (717) 901-5012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kiersten Stoner Belile • Plaintiffs NO. 14-606 • v. • CIVIL ACTION - LAW • • Daniel Fickes, • JURY TRIAL DEMANDED Defendant • rr -71 PRAECIPE TO ENTER APPEARANCE rri r :. r".9 TO THE PROTHONOTARY: r- Kindly enter my appearance on behalf of Defendant, Daniel Fick§ inie T above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: 27 2-4*'4. BY: A- Joseph R. D'Annunzio, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 447 Date: 1 I`� A� 1� r`� Kimberly Stielper BY:Joseph R.D'Annunzio Law Office of Joseph R.D'Annunzio 20!=i FED 28 L, !I a Identification No.23384 4309 Linglestown Road, Suite 211 Attorney for Defendant,Daniell Fickes, C u r‘LAND Harrisburg,PA 17112 PENNSYLVANIA (717)901-5002 (717)901-5012(Fax) jdannunzio@geico.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KIERSTEN STONER BELILE, • Plaintiff NO. 14-606 • v. : CIVIL ACTION - LAW DANIEL FICKES, JURY TRIAL DEMANDED Defendant • NOTICE TO PLEAD TO: Kiersten Belile do David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendant to Plaintiff's Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: lcSr��-y 2 9 °,'' By: ,` .e\‘2-.-v-' Joseph R. D'Annunzio, Esquire Attorney for Defendant, Daniel Fickes BY:Joseph R.D'Annunzio Law Office of Joseph R.D'Annunzio Identification No.23384 4309 Linglestown Road,Suite 211 Attorney for Defendant,Daniel Fickes Harrisburg,PA 17112 (717)901-5002 (717)901-5012(Fax) jdannunzio@geico.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KIERSTEN STONER BELILE, Plaintiff NO. 14-606 v CIVIL ACTION -LAW • DANIEL FICKES, JURY TRIAL DEMANDED Defendant ANSWER AND NEW MATTER OF DEFENDANT,DANIEL FICKES, TO PLAINTIFF'S COMPLAINT 1. Admitted only upon information and belief. 2. Admitted. 3. Denied as stated. It is admitted that an accident occurred on November 12, 2013 on Carlisle Pike in Hampton Township, Cumberland County, Pennsylvania. It is denied that the accident occurred in a crosswalk; it is denied that the Plaintiff was walking in a crosswalk when the accident occurred. 4. Denied. It is denied that the Plaintiff Kiersten Stoner also known as Kiersten Belile was walking north on the Carlisle Pike. To the contrary, it is believed that the Plaintiff, Kiersten Stoner also known as Kiersten Belile was traveling east and that she crossed a highway but not at a crosswalk. It is admitted that a 1998 Jeep Cherokee driven by Defendant, Daniel Fickes came in contact with the Plaintiff on Carlisle Pike. It is denied that the Defendant, Daniel Fickes was traveling east on Carlisle Pike. To the contrary, it is believed that he was traveling north on Carlisle Pike. 5. Denied that Plaintiff, Kiersten Stoner also known as Kiersten Belile was walking across a crosswalk. To the contrary, Kiersten Stoner also known as Kiersten Belile was crossing the highway of Carlisle Pike but not at a crosswalk. Further, it is averred that the intersection was controlled by a traffic light and that the light was red in the direction that the Plaintiff, Kiersten Stoner also known as Kiersten Belile was walking. It is admitted that Defendant, Daniel Fickes did not see the Plaintiff Kiersten Stoner also known as Kiersten Belile walking across the highway until it was too late to avoid a collision. This is because Kiersten Stoner also known as Kiersten Belile crossed the highway in front of a motor vehicle that was to the left of Daniel Fickes which was attempting to make a left turn and so his vision was blocked. 6. Denied that the Defendant, Daniel Fickes was negligent. To the contrary, the Defendant, Daniel Fickes exercised all due and reasonable care in the operation of his motor vehicle. 7. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 8. After reasonable investigation,the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly, the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 9. After reasonable investigation,the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly,the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 10. After reasonable investigation,the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly,the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant,Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 11. After reasonable investigation,the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly,the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 12. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly,the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. 13. After reasonable investigation,the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph regarding injuries and damages. Accordingly,the averments are deemed denied and strict proof is demanded. By way of further answer, it is denied that the Defendant, Daniel Fickes was negligent or that his conduct in any way was the cause of any injury to the Plaintiff in that the Defendant exercised all due and reasonable care. WHEREFORE, Defendant, Daniel Fickes demands that judgment be entered in his favor. NEW MATTER 1. The answers to paragraphs 1 through 13 of Plaintiff's Complaint are incorporated by reference as if fully set forth herein. 2. On or about November 12, 2013, the Plaintiff, Kiersten Stoner also known as Kiersten Belile was a pedestrian who was crossing Carlisle Pike in Hampton Township, Cumberland County, Pennsylvania. 3. At the location where the Plaintiff was crossing the highway, the area was controlled by a traffic signal and at the time that the Plaintiff crossed the highway the traffic signal was red for her direction of travel. 4. In conscious disregard of the traffic signal that was red for her direction of travel, the Plaintiff nevertheless attempted to cross the highway while traffic was proceeding on Carlisle Pike with a green traffic signal. 5. The conduct of the Plaintiff in crossing the highway with a red traffic signal for her direction of travel caused her almost to be struck by a vehicle that was making a right turn. The Plaintiff jumped onto the curb line to avoid that collision. 6. Immediately after almost being struck by that vehicle,the Plaintiff Kiersten Stoner also known as Kiersten Belile began to walk across the highway of Carlisle Pike with a red traffic signal for her direction of travel and began to jog and proceed quickly through the traffic that was proceeding on Carlisle Pike with a green traffic light. 7. The Plaintiff suddenly and without warning darted into the path of the vehicle being driven by the Defendant, Daniel Fickes. 8. As Mr. Fickes began to brake and pull his vehicle to the right in an effort to avoid striking the Plaintiff, the Plaintiff continued to run in the same direction causing her to be struck by the vehicle driven by the Defendant. 9. The collision that occurred between the Defendant's vehicle and the Plaintiff was directly and proximately caused by the negligence, carelessness and recklessness of the Plaintiff, Kiersten Stoner also known as Kiersten Belile, said negligence consisting of the following: a. The Plaintiff crossed a highway that was controlled by a traffic light while the traffic light was red for her direction of travel. b. The Plaintiff failed to keep a proper lookout for vehicles on the highway. c. The Plaintiff attempted to cross the highway when it was unsafe for her to do so. d. The Plaintiff crossed the highway in violation of the laws of the Commonwealth of Pennsylvania in that she crossed while a red traffic signal controlled her direction of traffic. e. The Plaintiff crossed the highway without exercising due and reasonable care for her safety. 10. The claims of the Plaintiff are barred and or limited by her contributory negligence which was the direct and proximate cause and of her injuries and damages. 11. The Plaintiff's claims are barred and or limited by her comparative negligence which exceeded any negligence which may be imputed to the Defendant and which was the proximate cause of the collision and injuries sustained by the Plaintiff. 12. The Plaintiff is barred from recovery in that she voluntarily assumed the risk of her conduct which directly and proximately caused the collision and her injuries and damages. 13. The Defendant raises all defenses applicable under the Pennsylvania Motor Vehicle Financial Responsibility Law and alleges that the Plaintiff failed to sustain an injury for which relief can be granted. 14. The Defendant is entitled to judgment as a matter of law. WHEREFORE, Defendant, Daniel Fickes, demands that judgment be entered in his favor. Respectfully submitted, Date: /„.7v� By: k L. .�' �►�"' Y Joseph R. D'Annunzio, Esquire Attorney for Defendant, Daniel Fickes VERIFICATION I, Daniel Fickes, hereby state that I am the Defendant in this action, and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date:2 257:0M / / !i'DANIEL FICKES BY:Joseph R.D'Annunzio Law Office of Joseph R.D'Annunzio Identification No.23384 4309 Linglestown Road, Suite 211 Attorney for Defendant,Daniel Fickes Harrisburg,PA 17112 (717)901-5002 (717)901-5012(Fax) jdannunzio@geico.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY • KIERSTEN STONER BELILE, Plaintiff • NO. 14-606 • v. CIVIL ACTION -LAW • DANIEL FICKES, JURY TRIAL DEMANDED • Defendant CERTIFICATE OF SERVICE I, Kimberly Stielper, do hereby certify that on this� day of F-e(0✓4 , 2014, I caused a true and correct copy of Defendant, Daniel Fickes', Answer and New Matter Addressed to Plaintiff, Kiersten Belile,to be served upon the following person listed below via first class United States mail,postage prepaid: David L. Lutz, Esquire Angino &Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1799 LAW OFFICE OF JOSEPH R. D'ANNUNZIO BY: i'tv �LA V" 1 Kimberly Stie er, Legal Secretary SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ FI Ronny R Anderson LEL)-OFFICE Sheriff L,;- THE. PROTHONOTARI- Jody S Smith Chief Deputy Richard W Stewart Solicitor Clout) rtit?„, 204 MAR 12 PM 2: 14 3 UMBERLA ti 0 COUNTY OFFICE CP ME SI, PENNSYLVANIA Kiersten Stoner vs. Daniel Fickes Case Number 2014-606 SHERIFF'S RETURN OF SERVICE 01/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Daniel Fickes, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint & Notice according to law. 02/20/2014 04:15 PM - The requested Complaint & Notice served by the Sheriff of York County upon Daniel Fickes, personally, at 201 Red Bank Roak, Dover, PA 17315. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, March 05, 2014 RONNJY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations Chief Deputy, Administrati SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ES Sofici Richard E Rice KIERSTEN STONER a/k/a KIERSTEN BELILE VS. DANIEL FICKES Case Number 14-606 CIVIL SHERIFF'S RETURN OF SERVICE 02/20/2014 04:15 PM - DEPUTY BRANDON POLASH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT & NOTICE BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: DANIEL FICKES AT 2001 RED BANK ROAD, TRAILER #518, DOVER, PA 17315. SHERIFF COST: $53.24 /4.014404 /04.404 BRANDON POLASH, DEPUTY SO •ERS, February 26, 2014 CHARD P K UER EBER, SHERIFF NOTARY Affirmed and subscribed to before me this 26TH day of FEBRUARY 2014 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 1.1.7)" • • '` '20.141vIAR 18 All 27 • C(.111BERLAND- 00tIt.i. TY Y1,-VAtilA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff E-mail: dlutz@angino-rovner.com KIERSTEN STONER a/k/a KIERSTEN BELILE, Plaintiff V. DANIEL FICKES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14- 601P CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR ADMISSIONS. TO DEFENDANT — SET NO. 1 To: Defendant Daniel Fickes, by and through counsel Joseph R. D'Annunzio, Esquire Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure (Federal Rules of Civil Procedure 36), to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 1. Do you admit that you were involved in a motor vehicle/pedestrian collision on November 12, 2013, on the Carlisle Pike? Admit Deny 549399 2. Do you admit that before the subject collision you were operating a 1998 Jeep Cherokee traveling east on the Carlisle Pike? Admit Deny 3. Do you admit that the front of your Jeep struck a female pedestrian while she was in the crosswalk of the Carlisle Pike? Admit Deny 4. Do you admit that you did not see the female pedestrian in the crosswalk before the subject collision? Admit Deny 549399 (0,Ni ANGINO & ROVNER, P.C. David tz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238 -5610 — fax diutz @angino- rovner.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Joseph R. D'Annunzio, Esquire 4309 Linglegowri Road, Suite 211 Harrisburg, PA 17112 Attorney for Daniel Fickes Date: 549399 � r'1F1; 61 L01l.�N1r 28 PH .. „i PENNSYLVANIA ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney 1D# : 35956 4503 North Front Street Harrisburg, PA 171 10 -1708 (717) 238-6791 PAX (717) 238 =5610 Attorneys for Plaintiff . E -mail: dlutz@angino-rovner.com angino- rovner.com KIERSTEN STONER a/k/a KIERSTEN BELILE, Plaintiff v. DANIEL FICKES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. PI -- 4006 CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 1. No response necessary. 2. It is admitted that on November 12, 2013, the Plaintiff was a pedestrian crossing in a crosswalk of the Carlisle Pike. 3. and 4. Denied as stated. Before the subject motor vehicle /pedestrian collision, the Plaintiff looked to her left and saw vehicles approaching but considered it safe to cross the Carlisle Pike in the crosswalk as the Plaintiff understood that the vehicles would yield to a pedestrian in the crosswalk. 5. It is specifically denied that the Plaintiff was almost struck by another vehicle before she was struck by the Defendant's vehicle. The Plaintiff recalls stepping backwards a few ORIGINAL 549404 steps onto the curb but in no way was she almost struck by a vehicle that was making a right turn. Thereafter, the Plaintiff initiated walking across the crosswalk and as she was proceeding, she was struck by the Defendant's vehicle. 6. It is respectfully denied that the Plaintiff was almost struck by a vehicle before she was struck by the Defendant's vehicle. The Plaintiff was walking in the crosswalk when she was struck by the Defendant's vehicle. 7. through 9. Denied as stated. Before the subject motor vehicle /pedestrian collision, the Plaintiff looked to her left and saw vehicles approaching but considered it safe to cross the Carlisle Pike in the crosswalk as the Plaintiff understood that the vehicles would yield to a pedestrian in the crosswalk. 10. through 12. It is admitted that a Judge will provide a jury with a charge based on the Comparative Negligence Statute. 13. and 14. Denied as stated. The Defendant sets forth a conclusion of law and therefore no response is necessary. WHEREFORE, the Plaintiff respectfully requests that the Defendant's New Matter be dismissed. Date: 549404 ANG • try O & ROVNER, P.C. L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238 -6791 — phone (717) 238 -5610 — fax dlutz @angino - rovner. corn Attorney for Plaintiff VERIFICATION I, Kiersten Stoner a/k/a Kiersten Belile, Plaintiff; hereby verify that the facts set forth in the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa .C.S.A. §4904, relating to unsworn falsification to authorities. WITNESS: Date: .2_ 1-13 549404 Kiersten Stoner a/k/a Kiersten Belile CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Joseph R. D Ann uizio, Esquire 4309 Lingiestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Daniel Fickes Date: 549404 u ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff E-mail: dlutz@anginolutz.com KIERSTEN STONER a/k/a KIERSTEN BELILE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. H'(° ° Q11tI CIVIL ACTION — LAW DANIEL FICKES, Defendant JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above -captioned action settled, satisfied, and discontinued. ANGINO & LUTZ, P.C. Date: n'� 554554 . Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 - fax dlutz@anginolutz.coin Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Daniel Fickes Date: pAr)AA 554554