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Home My WebLink About94-00278 t l.. IV , (.. ~ \!) J, i j I ()O, C-! CO CATHERINE STARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . V. : NO. 278 CIVIL 1994 . . HEATHER KUTZ, and CLOUSE TRUCKING, INC., Defendants . . . . : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff Catherine Starner YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, MANCKE AND WAGNER BY'~ ~ Jo n B. Mancke, Esquire Att rney I.D. No. 07212 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Dated: 2/14/94 Attorneys for Defendants CATHERINE STARNER, plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 278 CIVIL 1994 V. HEATHER KUTZ, and CLOUSE TRUCKING, INC., Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, this 14th day of February, 1994, comes Heather Kutz and Clouse Trucking, Inc., by and through their attorneys, Mancke and Wagner, who respectfully represent: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that all times herein mentioned Defendant Heather Kutz was an agent, servant or employee of Defendant Clouse Trucking, Inc. strict proof of such will be required at time of trial. 5. Denied. It is denied that all times herein mentioned Defendant Heather Kutz was acting within the scope of her authority as agent, servant or employee of Defendant Clouse Trucking, Inc. 6. Denied. It is denied that Defendant Heather Kutz, without any provocation or cause, violently and brutally assaulted and battered the plaintiff with great force, punching and kicking the plaintiff, throwing her violently to the ground 2 and continuing to strike her with severe blows to her head and other parts of her body. It is further denied that plaintiff suffered severe personal injuries. It is averred on the other hand, that any and all contact was consensual and that the plaintiff assumed all risks and was contributorily negligent in relation to any injuries claimed. 7. Denied. It is denied that any unprovoked assault and battery was committed on the person of the plaintiff and it is further denied that the plaintiff had no responsibility for any injuries claimed. 8. Denied. It is denied that the Defendant was responsible for any of the injuries outlined in paragraph 8. 9. Denied. It is denied that plaintiff suffered and underwent great pain and was hindered and prevented from performing and transacting her usual affairs and business. 10. Denied. It is averred on the other hand, that medical expenses were paid by sources other than the plaintiff. It is further denied that any further sums of money will be required. WHEREFORE, Defendants request Plaintiff's Complaint be dismissed. COUNT II 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth. 12. Denied. It is denied that defendant engaged in an unprovoked assault and battery upon the plaintiff or that any actions of the defendant were extreme or outrageous conduct causing physical injuries and/or emotional distress. 13. Denied. It is denied that plaintiff has suffered severe anxiety, anger, stress, depression and pain as a result of any actions caused by the defendants. WHEREFORE, Defendants request Plaintiff's Claim be dismissed. COUNT III 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth. 15. It is denied that the defendant was engaged in unprovoked conduct or that such conduct was outrageous and reckless to justify an award for punitive damages. WHEREFORE, Defendants request Plaintiff's claim be dismissed. NEW MATTER 16. Plaintiff assumed the risk of any injuries and/or is contributorily negligent for any and all acts complained of. 17. plaintiff was on the property without invitation and for the sole purpose of causing problems on the premises. 3 By 18. None of the defendants' actions in any way caused plaintiff's damages. 19. plaintiff's expenses have been paid by other sources. 20. If any assault and battery was committed by Heather Kutz, it was not on behalf of or as agent, servant or employee of Defendant Clouse Trucking, Inc. or within the scope of authority as agent, servant or employee of Defendant, Clouse Trucking, Inc. Respectfully submitted, MANCKE AND WAGNER Jo n B. Mancke, Esqu re At rney I.D. No. 07212 2233 North Front street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendants 4 . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. )I. \\eo..l::h"- R-~~ Dated: 'l-JilJqy . CBRTIPICATE OP SERVICE I, Christine A. zaring~ Secretary to John B. Mancke, hereby certify that I am this /4['\ day of February, 1994, serving a copy of the foregoing document upon the person and in the manner indicated below by depositing same in the united States Mail, first class, postage prepaid, addressed as follows: R. Mark Thomas, Esquire 54 East Main street Mechanicsburg, PA 17055 MANCKE AND WAGNER . . . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities. Datad, _) IV]' ~ rt751/J la~j ~/A:) f)JlJ . ~ C),v$e.T-cv ~';'c.....j_'l..L -,r en - ;.; >- :: I~ -- -~ ... o ex) , ..~ '-' ..~ . -:r I.,' ,;,,1 <a u..I L... .0: Ul ~;:; P:: ...:l>< ~ P<Ul ~ E-l II: Z~ Ul E-l ~ III ;ji W O~ .... 0 ..... Z ~P< .... ...:l i:: ell; 0 ~ Q ..-4 U III ::: <t . ~ 0 ..,. ~ ...... 'tl ~ ~ ~ ; ... U><O\Q P::i:: 'tl i:: :<: ~ < E-lO\~ ~'.-4 i:: Q) .. (,..5.... ~~ It! ..... :I: ci o ... . Q) E-l It O...:l~ .o:P< 'U Q H J <t i ::> E-lUHQ E-l t'lZ :;: ~ w .. !!! P:: :> lJ) E-lH :.: ~ It ~QH...:l ~ P:: ~ ~ u " ozu.o: ~ :.: . ~ " x Uj H Z . CJ :;: Z co I>: H :> p::z lJ) <t ~I>:r--E-l I>: ~H Z ~ :I:~N ~ :I::': .0: E-ll!:l >< :I: E-lU :;: .1>: E-l ~~ z~o~ .0: HUZI") U :I:E-l , . . WE DO HEREBY CERTIFy THAT THE WITHIN IS A TRUE AND COR, RECT COPY OF T"C ORIGiNAL F1lf:D IN THIS AJ;ION . BY . ~---- 'EY &rJ:1. '0 _ 'I' "~T.Ii't) 16101.1 : WIlI"~'W'~'{ '0 _ 'J~ ,"~f,,;,.'I' 1101 0")' Wo,,", - U""ICI "lifOI' 011I .. IVOO......' ~'~HTlllltlao.u.s1'1'OU .,- -~'I'- I lAW OHIClS MANCKE AND If/AGNER . CATHERINE STARNER, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . 19U, . vs. . NO. 278 CIVIL . . . HEATHER KUTZ, and CLOUSE . . TRUCKING, INC. . JURY TRIAL DEMANDED . Defendants . . PRABCIPB TO WITHDRAW TBB COKPLAINT TO THE PROTHONOTARY: Kindly withdraw the Complaint which was filed on behalf of the Plaintiff at this term and number. Respectfully submitted, R. Mark Thomas, Esquire 54 E. Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D.II 41301 :- . "." ~ ~ I -,r en ~ ~ 9 .... "'.- ~.' -": .., uJ" .,. (:: ,~, ~ ~. - '" '" -, ',' . <..' ::;. CATHERINE STARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 278 CIVIL 1994 . . HEATHER KUTZ, and CLOUSE TRUCKING, INC. Defendants : : JURY TRIAL DEMANDED : REPLY TO NEW HATTER AND NOW, comes the Plaintiff, Catherine starner, by and through her attorney, R. Mark Thomas, Esquire, and files this Reply to New Matter, and respectfully represents: 16. Denied. This allegation is a conclusion of law to which no responsive pleading is required and, therefore, same is denied. By way of further answer, Plaintiff had no idea that she would be assaulted merely for going into the office to ask questions. 17. Denied. It is denied that Plaintiff was on the property without invitation. Plaintiff's husband was an employee at this place of business and Plaintiff had every right to believe that she was welcome at her husband's employer's place of business. By way of further answer, it is denied that Plaintiff intended to cause any problems on the premises. 18. Denied. The Defendant's actions in assaulting the Plaintiff as set forth in the Complaint are the sole causes of the injuries suffered by Plaintiff. 19. Admitted in part, denied in part. It is admitted that some of the Plaintiff's expenses were covered by other sources, however, it is denied that this allegation has any relevance to the matter inasmuch as collateral coverage does not relieve the i.~.~,;.'<"!';';J;'>~.~fajM Defendant of liability for these expenses. 20. Denied. As stated in the Complaint, the actions of the Defendant, Heather Kutz, took place at her employer's place of business and in furtherance of her employer's affairs inasmuch as they dealt with the employer/employee relationship between Plaintiff's husband and Defendant, Clouse Trucking, Inc. By way of further answer, Clouse Trucking, Inc., has ratified and approved all the actions taken by Defendant Heather Kutz during the relevant times in question. Respectfully submitted, ~~ ;p / ~( /'<- ~ - ' ~"'- R. Mark Thomas, Esquire Attorney for Plaintiff 54 E. Main street Mechanicsburg, PA 17055 (717) 697-4650 I.D.# 41301 VERIFICATION I verify that the statements made in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. (;;J~;;///?~ JjgI)JXJt:JJ) Catherine starner ~// D.te~~Jj 1/9'1' CBRTIPICATB OP SBRVICB 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, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: John B. Mancke, Esquire 2233 North Front street Harrisburg, PA 17110 Dated: 3/1} /9'/ I I I ~J/~~ R. Mark Thomas, Esquire Attorney for Plaintiff, 54 East Main street Mechanicsburg, PA 17055 -:r Cl"'1 - "':.: .....'"- .r ~.~ ~.t r..: " ~. , .." ('l ',' en c::> "" ., = . J'.......'.........'" .."..~.~...~_ CATHERINE STARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . . . . . . CIVIL 1994 NO. .1.17 HEATHER KUTZ, and CLOUSE TRUCKING, INC. Defendants : : 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 defensee 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4th FLOOR CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-240-6200 \, CATHERINE STARNER, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL 1994 NO. J 1'1 vs. HEATHER KUTZ, and CLOUSE TRUCKING, INC. Defendants JURY TRIAL DEMANDED . . COMPLAINT 1. Plaintiff, CATHERINE STARNER, is an adult individual residing at 150 Kline Road, Shippensburg, cumberland County, pennsylvania 17257. 2. Defendant, HEATHER KUTZ, is an adult individual residing at 2071 Ritner Highway, Carlisle, cumberland, County, PA 17013. 3. Defendant, CLOUSE TRUCKING, INC., is a pennsylvania corporation engaged in the business of trucking with its principal place of business located at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 4. At all times herein mentioned, Defendant, Heather Kutz, was an agent, servant and/or employee of Defendant, Clouse TrUCking, Inc. 5. At all time herein mentioned, Defendant, Heather Kutz, was acting within the scope of her authority as agent, servant and/or employee of Defendant, Clouse Trucking, Inc. 6. On or about May 21, 1993, at approximately 6:00 P.M., and at Defendant Clouse Trucking, Inc.'s place of business, Defendant Heather Kutz, without any provocation or cause, violently and brutally assaulted and battered the plaintiff with great force, punching and kicking the Plaintiff, throwing her violently to the ground and continuing to strike her with severe blows to her head and other various parts of her body, causing her to sustain the severe personal injuries hereinafter set forth. 7. The assault and battery committed by the Defendant upon the person of the Plaintiff was unprovoked and in no manner whatsoever due to any act or failure to act on the part of the Plaintiff. 8. As a result of the assault and battery upon her by the Defendant, the Plaintiff sustained the following injuries: a. Mu1 tiple bruises and contusions in and about the head, body, back and limbs; b. External injuries in and about the head, body, back and limbs; c. Injuries to the back and hip resulting in injury to skin, muscles and nerves. 9. As a further result of the assault and battery by Defendant, Plaintiff suffered and underwent great pain and was hindered and prevented from performing and transacting her usual affairs and business. 10. As a further result of the assault and battery by Defendant, Plaintiff was forced to expend various sums of money in endeavoring to cure herself of her injuries and may, in the future, be required to expend further sums of money in endeavoring to cure herself of the injuries. 2 .. I , , . WHEREFORE, Plaintiff claims compensatory and punitive damages from the Defendants, Heather Kutz and Clouse Trucking, Inc., in an amount in excess of $10,000.00. COUNT II 11. Paragraphs 1 through 10 are incorporated herein as if set forth at length. 12. The Defendant's unprovoked assault and battery upon the Plaintiff was extreme and outrageous conduct which not only caused physical injuries to the Plaintiff but has also caused the Plaintiff to suffer severe emotional distress. 13. As a result of the emotional distress caused to the Plaintiff, the Plaintiff has suffered severe anxiety, anger, stress, depression and pain brought about by the maladies. WHEREFORE, Plaintiff demands compensatory and punitive damages from the Defendants, Heather Kutz and Clouse Trucking, Inc. in an amount in excess of $10,000.00 for the emotional distress intentionally caused by the Defendant. COUNT III - PUNITIVE DAMAGES 14. Paragraphs 1 through 13 are incorporated herein as if set forth at length. 15. The Defendant's unprovoked conduct was so outrageous and reckless such as to justify an award of punitive damages. 3 r '"' ..."....."-""'.."..'...0,;."'.....".." WHEREFORE, the Plaintiff claims punitive damages from the Defendants, Heather Kutz and Clouse Trucking, Inc., in an amount in excess of $10,000.00. Respectfully submitted, ~m~ R. Mark Thomas, ~~:re 54 E. Main street Mechanicsburg, PA 17055 (717) 697-4650 I.D.# 41301 4 t'.~~.r'~':""'7",c1',,;'''''~t'\j VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. c;,iJ:;d;~/YN .Jl7;A~pAJ Kathryn starner Date: Od. /f? 1993 I .~_...;......~.. -i''''l.'~''.~''~-'' M'_ ~.,*!7'd1::,,:'t . . G ~ l;-- ~ 5 "" 0 ... ')> 1 ,. ~ -e ~ ~ cJ ~ \; "" "" *' .. ff ~ -:r en - = L'l_ ~ N <-.J >- '. U;, 4 ;.. ~-:... hJ,. ?~~ ~~ ~~ i~ :~. ',' , .. - ~ :;'~ . . ~ r'-~I :e " --, ,0 '. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County. Pennsylvania No. 278 Civil Term 1994 Complaint in Civil Action Law and Notice Catherine Starner VS Heather Kutz. and Clouse Trucking. Inc. Wesley Cook. Deputy Sheriff, who being duly sworn according to law. says that on January 25, 1994 at 2:34 o'clock P.M., E.S.T., he served a true copy of the within Complaint in Civil Action Law and Notice, in the above entitled action. upon the within named defendant, to wit: Clouse Trucking, Inc., by making known unto Heather Clouse. adult in charge, at 2075 Ritner Highway. Carlisle, Cumberland County. Pennsylvania. its contents and at the same time handing to her personally the said true and attested copy of the same. Wesley Cook. Deputy Sheriff, who being duly sworn according to law. says that on January 05, 1994 at 2:34 o'clock P.M., E.S.T., he served a true copy of the within Complaint in Civil Action Law and Notice. in th above entitled action, upon the within named defendant, to wit: Heather Kutz, by making known unto Heather Kutz, at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. its contents and at the same time handing to her personally the said true and attested copy of the same. Sheriff's Docketing Service Surcharge Costs: 18.00 6.16 4.00 28.16 So Answers: ~_.>~"'..' . :? .,. ,.. '/. ,~.' ..... ., ,-~"""'"'' . ~ ,f::..e:<:--~ ( R. Thomas Kline. Sheriff BY ,-I'/i'l'~ ':I4.,.-e Deputy fiff Pd. by At ty . 1-27-94 Sworn and Subscribed to Before Me This 31M Day of Cfhu""'l 1994, A.D. (1.<-/" _ (,' 111;"'" .(J)-P7 fpt'othonotary ,