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HomeMy WebLinkAbout14-2198 Supreme Coutef -of - Pennsylvania Court of- CammZPleas For Prothonotary Use Only: Civil'Cover Sli et "(4 Docket Docket No: 5 ,, Ct m erland� County J r �,- �. / The igforniation collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by late or rules of court. Commencement of Action: S [D Complaint E3 Writ of Summons El Petition Transfer from Another Jurisdiction IF Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T, Tina Smith and Jason Smith Richard Foster, Jr. Dollar Amount Requested: ©1 within arbitration limits I Are money damages requested? X Yes No (check one) ix] outside arbitration limits O N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? C] Yes l No A Name of Plaintiff /Appellant's Attorney: David L. Lutz, Esauire El Cheek here if you have no attorney (are a Self [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution E] Debt Collection: Credit Card El Board of Assessment [E Motor Vehicle E] Debt Collection: Other El Board of Elections E] Nuisance 0 Dept. of Transportation Premises Liability D Statutory Appeal: Other S F.1 Product .Liability (does not include E mass tort) Employment Dispute: El Slander/Libel/ Defamation Discrimination C El Other: El Employment Dispute: Other Zoning .Board T Other: I E] Other: O MASS TORT 0 Asbestos N Q Tobacco 0 Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS M Toxic Waste M Other: 0 Ejectment 0 Common Law /Statutory Arbitration B Ci Eminent Domain /Condemnation Q Declaratory Judgment _i Ground Rent E] Mandamus !_-! Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental E] Partition El Replevin Ej Legal 0 Quiet Title Other: Medical E] Other: Other Professional: Updated 1/1/2011 it A ';! I I A Y; I I: 4 CO UN T Y PENNSYLVANIA ANGINO & LUTZ, P.C. j David L. Lutz, Esquire j Attorney ID# : 35956 j 4503 North Front Street Harrisburg, PA 17110 -1708 (717) 238 -6791 FAX (717) 238 - 56,10 Attorneys for Plaintiffs E -mail: dlutz @anginolutz.com TINA SMITH AND JASON SMITH, IN THE COURT OF COMMON PLEAS Her Husband, CUMBERLAND, COUNTY, Plaintiffs • vs. CIVIL ACTION — LAW RICHARD FOSTER, JR., Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND I 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. I 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. C�� el3o�s ORIGINAL s 534315 i 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. i Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 i i AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion 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 cornparecencia 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 accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin ma's avis o adicional. Used puede perder dinero o propiedad a otros derechos importantes para used. USTED 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 i I i i 534315 i i ANG1NO & LUTZ, P.C. David L. Lutz, Esquire Attorney 1D## : 35956 4503 North Front Street Harrisburg, PA 17110-17,08 (717) 238 -6791 j FAX (717) 238 -5610 Attorneys for Plaintiffs E -mail: dlutz @anginolutz.com TINA SMITH AND JASON SMITH, IN THE COURT OF COMMON PLEAS Her Husband, CUMBERLAND, COUNTY, PA Plaintiffs NO. vs. CIVIL ACTION — LAW RICHARD FOSTER, JR., Defendant JURY TRIAL DEMANDED CO 1. Plaintiffs Tina and Jason Smith are adult individuals and citizens of the Commonwealth of Pennsylvania who reside in Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Richard Foster, Jr. is an adult individual and citizen of the I Commonwealth of Pennsylvania who resides at 2861 Mercer West Middlesex Road, Apt. 822, West Middlesex, Mercer County., Pennsylvania, 16159. 3. The facts and occurrences hereinafter related took place on or about January 27, 2013, at the exit 52 ramp of Interstate 81 for traffic merging onto Route 11. 4. At that time and place, Plaintiff Tina Smith was operating a 2013 Ford 150 XL pickup truck, stopped at the end of the exit 52 ramp waiting to merge onto Route 11. 5. At that same time and place, Defendant Richard Foster, Jr. was operating a 2013 Dodge Charger also proceeding on the exit 52 ramp approaching Mrs. Smith's vehicle and caused the front of his vehicle to collide into the rear of Mrs. Smith's stationary vehicle. 534315 i l i I 6. The foregoing motor vehicle collision and all of the injuries and damages set forth i herein sustained by j Plaintiffs Tina and Jason Smith are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Richard Foster, Jr. operated his motor vehicle as follows: a. failure to bring his vehicle to a stop before colliding into the rear of Mrs. Smith's stationary vehicle; b. failing to see Mrs. Smith's stationary vehicle before colliding into the rear of the vehicle; C. driving his vehicle in a manner endangering persons and property and with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I TINA SMITH V. RICHARD_FOSTER, JR. 7. Paragraphs 1 through 6 of the Complaint are incorporated herein by reference. 8. Plaintiff Tina Smith sustained painful and severe injuries, which include but are i i not limited to head trauma; chronic neck, low back and right hip pain; post- traumatic arthritis; carpal tunnel syndrome and necessary surgery; radicular pain of both upper extremities; degenerative disc disease with spondylosis exacerbated by the motor vehicle trauma; C5 =C6 disc trauma; and left cervical radiculitis. 9. By re ason of the aforesaid injuries sustained by Tina Smith, she was forced to incur liability for medical treatment, therapy, surgery, epidural steroid injections, and claim is made therefore. 550331 2 i I I I 10. Because of the nature of her injuries, Tina Smith has been advised and, therefore, i avers that she may be forced to incur similar expenses in the future, especially cervical spine i surgery, and claim is made therefor. i 11. Tina (Smith has undergone and in the future may undergo physical and mental i suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment as she has incurred a serious impairment of bodily function, and claim is made I therefore. 1.2. Tina Smith has also sustained a serious permanent disfigurement as a result of her surgery, and claim is made therefor. 13. Tina Smith continues to be plagued by persistent pain and limitation and avers that her injuries are of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. I 14. Tina Smith has sustained work loss and a loss of earning capacity as a result of I the injury sustained in the subject motor vehicle collision, and claim is made therefor. CLAIM I1 JASON SMITH V. RICHARD FOSTER, JR. 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference. 16. As a result of the aforementioned injuries sustained by his wife, Plaintiff Tina Smith, Plaintiff Jason Smith has been and may in the future be deprived of the care, companionship, consortium, and socI ty of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Tina and Jason Smith demand judgment against Defendant Richard Foster, Jr., fir compensatory damages in an amount in excess of Fifty Thousand Dollars i 550331 3 I I ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring i compulsory arbitration. I ANGINO & LUTZ, P.C. Daviat. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 171.10 (717) 238 -6791 —phone (717) 238 -5610 — fax dlutz @anginolutz.com Attorney for Plaintiffs Date:" i I i i I 550331 4 VERIFICATION We, TINA AND JASON SMITH, 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. Cons. Stat. Ann. §4904, relating to unsworn falsification to authorities. WITNESS: ef I i I TINA H JAS S ITH i j i i I I I 534315 20 1 CUP I `j 41'1 11., 4 FENNS_RL AND YL V COUir' f ' �NIq ANGINO & LUTZ, P.C. David L. Lutz, Esquire Attorney ID# :.35956 4503 North Front Street Harrisburg, PA 1711.0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary of Cumberland County: Please reinstate the attached Complaint and forward same to the Sheriff for service on Defendant Richard Foster, Jr. (along with the revised Request for Service). ANGINO & ROVNER, P.C. David 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 Plaintiffs Date: 552085 la 147S, ek,#92,F6, �# o)qi SHERIFF'S OFFICE OF CUMBERLAND COUNTY • Ronny R Anderson Sheriff _ s KtE P OTHCNO TAE 'i Jody S Smith , 20111 JUN 17 PM 3• a, Chief Deputy Richard W Stewart < a CUMBERLAND COUNTY Solicitor PENNSYLVANIA o=r•ICr, C'F THc Tina Smith (et al.) vs. Richard Foster, Jr. Case Number 2014-2198 SHERIFF'S RETURN OF SERVICE 04/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry *for the within named Defendant to wit: Richard Foster, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Mercer, Pennsylvania to serve the within Complaint & Notice according to law. 05/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Foster, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Mercer, Pennsylvania to serve the within Complaint & Notice according to law. 05/16/2014 The Sheriff of Mercer County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard Foster, Jr., but was unable to locate the Defendant in his bailiwick. The Mercer County Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 2861 Mercer West Middlesex Road, Apt. 822, West Middlesex, PA 16159. 06/02/2014 08:24 AM - The requested Complaint & Notice served by the Sheriff of Mercer County upon Heather Foster, who accepted for Richard Foster, Jr., at 2861 Mercer West Middlesex Road, Apt. 822, West Middlesex, PA 16159. Gary Hartman, Sheriff, Return of Service attached toand made part of the within record. SHERIFF COST: $62.00 SO ANSWERS, June 13, 2014 RONR-R ANDERSON, SHERIFF (c) CountySul e Sheriff, Teleosoft, Inc. SHERIFF'S RETURN - NOT FOUND CASE NO: 2014-02198 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF Mercer, TINA SMITH ET AL VS RICHARD FOSTER JR Gary Hartman , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: FOSTER RICHARD, JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT, NOTICE TO DEFE, , NOT FOUND , as to the within named DEFENDANT , FOSTER RICHARD, JR 2861 MERCER WEST MIDDLESEX RD APT 822 WEST MIDDLESEX, PA 16159 4/30/14 9:50 AM NO ANSWER, CARDS LEFT AT EACH ATTEMPT. First Attempt 4/21/2014 2:33 PM Second Attempt 4/28/2014 1:15 PM Third Attempt 4/29/2014 1:35 PM Sheriff's Costs: So answw Docketing Service Mileage Notary 9.00 5.00 60.00 5.00 .00 79.00 Mercer County Sheriff Costs Gary Hartma Sheriff 00/00/0000 Sworn and subscribed to before me this day of i‘ A I NOTARIAL SEAQ HEIDI A KIZAK Notary Public MERCER BOROUGH, MERCER COUNTY My Commission Expires Aug 10, 2014 SHERIFF'S RETURN - REGULAR CASE NO: 2014-02198 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Mercer TINA SMITH ET AL VS RICHARD FOSTER JR CORY BECK County, Pennsylvania, , Deputy Sheriff of Mercer who being duly sworn according to law, says, the within REINSTATED COMPLAINT, NOT was served upon FOSTER RICHARD, JR DEFENDANT , at 0008:24 Hour, on the 2nd day of June at 2861 MERCER WEST MIDDLESEX RD APT 822 WEST MIDDLESEX, PA 16159 the , 2014 HEATHER FOSTER, WIFE by handing to FEMALE ADULT IN CHARGE a true and attested copy of REINSTATED COMPLAINT, NOT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Mileage Notary 9.00 9.00 45.00 5.00 .00 68.00 Sworn. and Subscribed to before me this day of �"'�.j` otary NOTARIAL SEAL HEIDI A KIZAK Notary Public MERCER BOROUGH, MERCER COUNTY My Commission Expires Aug 10, 2014 A.D. So An Gary Hart»-© Sheriff By De � u t y Sheriff 00/00/0000 BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(a),DVERDICT.COM Identification No.: 38558 BY: ROBERT M. STROH, ESQUIRE RSTROH(&,DVERDICT.COM Identification No.: 43644 HOHN & SCHEUERLE Suite 3242 1700 Market Street Philadelphia, PA 19103 215-496-9995 215-496-9997 (Fax) Our File #7600-154 or ICE OF THE FROTHONOTA 2014,11k 23, P`' 2. L►3 CUMBERLAND PE COUNTY NIA Attorney for Defendant, Richard Foster, Jr. TINA SMITH and JASON SMITH, w/h v. RICHARD FOSTER, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. 14-2198 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Richard Foster, Jr. in the above - captioned matter. Defendant demands a jury trial, jury of twelve with alternates is demanded. HO.HN & SCHEUERLE By: STEPHEA. SC UERLE, ESQUIRE ROBERT M. STROH, ESQUIRE Attorneys for Defendant, Richard Foster, Jr. OF FILED -OFFICE THE PROTHONOTARY 2014 JUL 23 P11 2:143 CUHDERL ; ND COUNT Y rENNSYLYANIA BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(a,DVERDICT.COM Identification No.: 38558 BY: ROBERT M. STROH, ESQUIRE RSTROHna,DVERDICT.COM Identification No.: 43644 HOHN & SCHEUERLE Suite 3242 1700 Market Street Philadelphia, PA 19103 215-496-9995 215-496-9997 (Fax) Our File #7600-154 You are hereby notified to plead to the enclosed pleading within twenty (20) days from service hereof, or a default judgment will be entered against you. T -AIL Attorney for Defendant, Richard Foster, Jr. TINA SMITH and JASON SMITH, w/h v. RICHARD FOSTER, JR. • COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW No. 14-2198 DEFENDANT, RICHARD FOSTER, JR'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 4. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 5. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 6. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph and subparts (a -c). Strict proof is demanded at the time of trial. WHEREFORE, Defendant, Richard Foster, Jr. demands judgment in his favor and against plaintiffs plus attorney's fees and costs. 7. Answering defendant incorporates by reference his answers to paragraphs 1 through 6 as though the same were set forth herein at length. 8. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 9. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 10. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 11. Denied. After reasonable investigation, defendant is without the knowledge or infoiniation sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, defendant is without the knowledge or ti information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. WHEREFORE, Defendant, Richard Foster, Jr. demands judgment in his favor and against plaintiffs plus attorney's fees and costs. 15. Answering defendant incorporates by reference his answers to paragraphs 1 through 14 as though the, same were set forth herein at length. 16. Denied. After reasonable investigation, defendant is without the knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. Strict proof is demanded at the time of trial. WHEREFORE, Defendant, Richard Foster, Jr. demands judgment in his favor and against plaintiffs plus attorney's fees and costs. NEW MATTER 17. Plaintiffs' Complaint fails to state a cause of action upon which relief may be granted. 18. Plaintiffs' Complaint fails to state a cause of action against Defendant. 19. If Plaintiffs were injured as alleged, said injuries are expressly denied, and said injuries were due to acts of others over which Answering Defendant exercised no control. 20. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated by reference. 21. Plaintiffs failed to mitigate their damages. 22. Plaintiffs' recovery, if any, is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa. C.S.A. §1701, et and Defendant hereby asserts all of the rights and defenses available to him under the aforementioned Act. 23. Defendant asserts the bar of Limited Tort in that: (a) Plaintiffs are barred from bringing suit in that Plaintiffs were named insureds or an insured in a motor vehicle insurance policy whereby the "limited tort" option was elected pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, q., and/or Plaintiffs were named insureds or an insured whereby a "verbal" threshold was elected at the time of the accident. (b) It further is averred that the Plaintiffs were not named insured(s) on any policy of motor vehicle insurance under the Full Tort option of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et Lea., at the time of the accident; (c) In the alternative, it is averred that Plaintiffs were the legal and/or equitable owner of a private passenger motor vehicle and did not maintain a policy of motor vehicle insurance and/or was not covered by any form of financial responsibility as defined in the Motor Vehicle Financial Responsibility Law. 75 Pa. C.S.A.§1701, et seq., at the time of the accident and as such is bound by the Limited Tort option; (d) Under the "limited tort" option, Plaintiffs cannot recover from the Defendant unless they sustained a serious injury as defined in the Motor Vehicle Financial Responsibility Law, Pa. C.S.A. §1701, et m.; and (e) Plaintiffs did not sustain a serious injury since she did not sustain an injury resulting in death, serious impairment of a bodily function or permanent serious disfigurement. 21. On August 10, 2005, President George W. Bush signed into law H.R.3, The Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA- LU"), 49 U.S.C.A. §30106, which has an effective date of August 10, 2005, which eliminated vicarious liability against the owner of a motor vehicle that is rented or leased. 22. Plaintiffs' claims are limited or barred pursuant to the provisions of the "Fair Share Act," 42 Pa. C.S.A. §7102, and Defendant assert all of the rights and defenses available to them under the aforesaid Act. WHEREFORE, Defendant, Richard Foster, Jr. demands judgment in his favor and against plaintiffs plus attorney's fees and costs. HOHN & SCHEUERLE By: 7CA'41 STEPHEN A. SCHEUERLE, ESQUIRE ROBERT M. STROH, ESQUIRE Attorneys for Defendant, Richard Foster, Jr. BY: STEPHEN A. SCHEUERLE, ESQUIRE SSCHEUERLE(&,DVERDICT.COM Identification No.: 38558 BY: ROBERT M. STROH, ESQUIRE RSTROH@DVERDICT.COM Identification No.: 43644 HOHN & SCHEUERLE Suite 3242 1700 Market Street Philadelphia, PA 19103 215-496-9995 215-496-9997 (Fax) Our File #7600-154 Attorney for Defendant, Richard Foster, Jr. TINA SMITH and COURT OF COMMON PLEAS JASON SMITH, w/h CUMBERLAND COUNTY v. CIVIL ACTION - LAW .• RICHARD FOSTER, JR. No. 14-2198 CERTIFICATE OF SERVICE I, Stephen A. Scheuerle, Esquire, certify that a true and correct copy of the foregoing Answer of Defendant, Richard Foster, Jr., to the Complaint of Plaintiffs with New Matter, which was electronically filed, was served via First Class U.S. Mail, postage pre -paid, on the below -listed counsel of record: David L. Lutz, Esquire ANGINO & LUTZ 4503 North Front Street Harrisburg, PA 17110-1708 DATE: HOHN & SCHEUERLE By: STEPHEN A. SCHEUERLE, ESQUIRE ROBERT M. STROH, ESQUIRE Attorneys for Defendant, Richard Foster, Jr. ATTORNEY VERIFICATION I, Stephen A. Scheuerle, Esquire, hereby states that he is an attorney for Defendant, Richard Foster, Jr., and verifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. By: STEPHEN A. SCHEUERLE, ESQUIRE Attorney for Defendant, Richard Foster, Jr. OFFICE irlYc 2074 JUL24 err PF�iS �N� C©Utd APdIA TY 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 1.4-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT -- SET NO. 1 To: Defendant Richard Foster, Jr., by and through counsel Stephen Scheuerle, 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 on January 27, 2013, you were involved in a motor vehicle collision at the exit 52 ramp of Interstate 81? Admit Deny 2. Do you admit that before the subject motor vehicle, you were operating a 2013 Dodge Charger proceeding on the exit 52 ramp, approaching a 2013 Ford 150 XL pick-up truck? Admit Deny 554640 ORIGINAL 3. Do you admit that the front of the Dodge Charger that you were driving collided into the rear of a stationary Ford 150 XL pick-up truck? Admit Deny 4. Do you admit that at the time of the subject motor vehicle collision, you were not the registered owner of the 2013 Dodge Charger and that you were renting the vehicle at the time of the subject collision? Admit Deny Date: -743 -r `1 554640 ANGINO & LUTZ, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone. (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do herthy certify that I am this day serving a true and correct copy of the PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 1 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market. Street Philadelphia, PA 19103 Attorney for Defendant Dated: 554640 riE PRO THaN0T�ilt 2014 JUL 24 7 v Pr's 1: 7 CUNIBE RL PENNS y� AN�ANT y 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER 17. through 22. Paragraphs 17 through 22 of the Defendant's New Matter fails to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. 554812 ORIGINAL t WHEREFORE, Plaintiffs respectfully request that the Defendant's New Matter be dismissed. Date: 554812 ANG O & LUTZ, P.C. D : vid L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 fax dlutz@anginolutz.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 the PLAINTIFFS' REPLY TO THE DEFENDANT'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Attorney for Defendant Dated: 554812 11:0:-'0 FICE HEPROTHONOTARY 2014 AUG PM 3: r7 CUMBERLAND COUNTY PENNSYLVANIA 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 2 To: Defendant Richard Foster, Jr., by and through counsel Stephen Scheuerle, 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 on January 27, 2013, you were involved in a motor vehicle collision at the exit 52 ramp of Interstate 81 and that after the collision you spoke with a Pennsylvania State Police Officer? Admit Deny 555199 ORIGINAL 2. Do you admit that after the subject motor vehicle collision, you advised the Pennsylvania State Police Officer that you were exiting Interstate 81 when you took a quick look to see if it was clear to merge onto Highway 11 when the vehicle in front of you suddenly stopped? Admit Deny 3. Do you admit that you also advised the investigating Pennsylvania State Police Officer that you were probably traveling 15 to 20 miles per hour when your vehicle struck the vehicle in front of you? Date: ,I, 555199 Admit Deny ANGINO & LUTZ, P.C. ►t (*I 10 avid L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs 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 PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 2 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Attorney for Defendant Dated: 555199 jH-i N :Ori.%L_. 2014 SEP 16 PM 1; 5� CUMB RL A ND PENNSYLVANIA, UAN Y 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant f IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 3 To: Defendant Richard Foster, Jr., by and through counsel Stephen Scheuerle, 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 on January 27, 2013, you were operating a Dodge Charger owned by National Rental Vehicles exiting Interstate 81 planning to merge onto Highway 11? Admit Deny 556729 2. Do you admit that you negligently operated the Dodge Charger as a result of the front of the vehicle collided into the rear of a stopped 2013 Ford pick-up truck? Date: 556729 Admit Deny ANGIN0 & LUTZ, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs 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 PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT — SET NO. 3 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. Scheuerle, Esquire Holm & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Attorney for Defendant Dated: 556729 FILEO-OFFICE OF THE PROTHONOTAin' 2014 SEP 23 PM 1; 04 CUMBERLAND COUNTY PENNSYLVANIA 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs VS. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' PETITION FOR A RULE TO SHOW CAUSE AND NOW COMES the Plaintiffs/Petitioners, Tina and Jason Smith, by and through counsel, Angino & Lutz, P.C., and hereby Petitions Your Honorable Court to issue a Rule to Show Cause upon the Defendant that full and complete discovery answers should not be served and that attorney's fees associated with the filing of said Petition should not be awarded: 1. On April 11, 2014, the Plaintiffs initiated an action against the Defendant as a result of a rear -end motor vehicle collision that occurred on January 27, 2013, at the exit 52 ramp of Interstate 81 in Cumberland County. Once service of the Complaint was perfected, counsel for the Defendant entered an appearance. 557000 2. On or about July 22, 2014, an Answer and New Matter was filed and shortly thereafter, a Reply to the New Matter was filed by Plaintiffs. 3. The parties initiated discovery and on July 23, 2014, the Plaintiffs served the Defendant with Plaintiffs' Interrogatories — Set No. 1. The cover pages of the referenced discovery is attached hereto as Exhibit A. 4. The Defendant failed to answer Plaintiffs' Interrogatories — Set No. 1 in conformance with the Pennsylvania Rules of Civil Procedure and therefore, in a letter dated September 3, 2014, attached as Exhibit B, Plaintiffs' counsel corresponded with defense counsel and requested answers to the outstanding discovery. 5. Notwithstanding, the Defendant failed to respond to Plaintiffs' Interrogatories — Set No. 1 and therefore, in another letter dated September 17, 2014, attached as Exhibit C, Plaintiffs' counsel again corresponded with defense counsel and requested a response to the outstanding discovery. 6. To date, the Defendant has failed to respond to Plaintiffs' Interrogatories — Set No. 1. WHEREFORE, the Plaintiffs/Petitioners respectfully request that Your Honorable Court issue a Rule upon the Defendant to show cause why Plaintiffs' Interrogatories — Set No. 1 should 557000 r,t not be answered and that Defendant should be ordered to pay counsel fees associated with the filing of the above Petition. Date: ck,):)./\_\ 557000 ANGINO & LUTZ, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs EXHIBIT A 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs VS. RICHARD FOSTER, JR., Defendant Date: 554789 IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' INTERROGATORIES TO DEFENDANT — SET NO. 1 ANGINO & LUTZ, P.C. David L. Lutz PA I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 — phone (717) 238-5610 — fax dlutz@anginolutz.com Attorney for Plaintiffs EXHIBIT B AN NO & LUTZ, P.C. RICHARD C. ANGINO DAVID L. LUTZ RCA@ANGINOLUTZ.COM September 3, 2014 Stephen A. Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Re: Smith v. Foster Dear Stephen: DLUTZ@ANGINOLUTZ.COM Our records indicate that the Defendant's Answers to the Plaintiffs' Interrogatories — Set No. 1 are overdue. Please provide me with responses to the outstanding discovery. Your prompt response would be appreciated. Thank you. Very truly yours, David L. Lutz DLL:mtg 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE(717) 238-6791 FAX, (717) 238-5610 WWW.ANGINOLUTZ.COM 556330 EXHIBIT C ANGINO & LUTZ, P.C. RICHARD C. ANGINO RCA@ANGINOLUTZ.COM Stephen A. Scheuerle, Esquire Hahn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Re: Smith v. Foster a September 17, 2014 DAVID L. LUTZ DLUTZ@ANGINOLUTZ.COM Dear Stephen: I have not received a response to my letter dated September 3, 2014. Accordingly, I plan to file a Motion with the Court on September 19, 2014, unless you contact me with regard to the outstanding discovery. Very truly yours, DLL:mtg 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE, (717) 238-6791 FAX, (717) 238-5610 WWW.ANGINOLUTZ.COM 556728 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 PLAINTIFFS' PETITION FOR A RULE TO SHOW CAUSE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Attorney for Defendant Dated: 557000 i J • A:1 TINA SMITH AND JASON SMITH, IN THE COURT OF COMMON PLEAS Her Husband, CUMBERLAND, COUNTY, PA Plaintiffs NO. 14-2198 Civil vs. CIVIL ACTION—LAW RICHARD FOSTER, JR., Defendant JURY TRIAL DEMANDED • RULE AND NOW, this /i-74 day of Oe.7 ?/ 51Z , 2014, upon consideration of the Plaintiffs' Petition for Rule to Show Cause, a RULE is hereby entered upon the Defendant to show cause why: 1. Defendant should not fully answer Plaintiffs' Interrogatories— Set No. 1; and 2. Defendant should not pay reasonable counsel fees for the filing of the aforesaid Petition. RULE RETURNABLE within days of service. BY THE CO 'T: J. Distribution: .....-175.avid L. Lutz, Esquire, Angino & Lutz, P.C., 4503 N. Front Street, Harrisburg, PA 17110 phen A. Scheuerle, Esquire, Hohn & Scheuerle, Suite 3242, 1700 Market Street, Philadelphia, PA 19103 557000 31 .£"S"' PwL Io` iy HE k fW 1 #.l0r� 2 ai li DEC 24 •PM I2: 36 CUtitIER AHit caw- 1+'`,i 7 1 t*1 S Y L tr i A�F'�i, 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 Plaintiffs E-mail: dlutz@anginolutz.com TINA SMITH AND JASON SMITH, Her Husband, Plaintiffs vs. RICHARD FOSTER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PA NO. 14-2198 Civil CIVIL ACTION — LAW JURY TRIAL DEMANDED PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT- SET NO.,4 To: Defendant Richard Foster, Jr., by and through counsel Stephen Scheuerle, 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 on January 27, 2013, you were operating a Dodge Charger owned by a rental company? Admit Deny 560711 ORIG!NAL 2. Do you admit that the rental fee for the Dodge Charger was paid by Crete Carriers? Admit Deny 3. Do you admit that on January 28, . 2013, you had a job interview with Crete Carriers and rented a vehicle from Enterprise Rental Agency near the Pittsburgh airport? Admit Deny 4. Do you admit that you stayed in a hotel in the Carlisle area during the evening/night .of January 27, 2013,.as you had a job interview with Crete Carriers on January 28, 2013? Admit Deny 5. Do you admit that.Crete Carriers paid for the cost of the hotel room? Admit Deny 6. Do you admit that you were furthering the interest of Crete Carriers when you agreed to have a job interview on January 28, 2013? Admit Date: \)---,11 d \* 560711 Deny ANGINO & LUTZ, P.C. 040 ad L. Lutz PA 1.D. No: 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 phone (717) 238-5610 — fax dlutz@anginolutz. coni. Attorney for Plaintiffs 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 PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT - SET NO. 4 upon all counsel of record via postage prepaid first class United States mail addressed as follows: Stephen A. .Scheuerle, Esquire Hohn & Scheuerle Suite 3242 1700 Market Street Philadelphia, PA 19103 Attorney for Defendant Dated: 560711