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MYCHAK. GECKLE 8< WELKFI( PC
IlltlllOtlA, 2W'(HllltIHt(,^II~11I111
I'HIIAIlII IlI\ollA I'A III',"} 41'111
HYCBAK, GECKLE Ii WELKER, P.C.
By: Marla Welker
ID No. 44069
230 South Broad Street
11th Floor
Philadelphia, PA 19102
(215) 735-3326
HOLLY BURKHOLDER
13 C Creekside Lane
Carlisle, PA 17013-7827
vs.
MICHAEL M. KRULL and
VANESSA C. KRULL
712 South 21st Street
Camp Hill, PA 17011
C I V I L
IllTIc:E
You have be.n aued In Court. If you wlah to
dafand agalnat the ol.loa eet forth In tho following
pag.., you IUlt tlke Ictlon within twenty (20) daya
after thle coaplllnt and notlcl art ..rvld, by
.ntlring I written appearance perlonally or by
attorney and fIling In writing with the Court your
defen,.. or objections to the c1al.. ..t forth
agalnlt you. You are warned that If you 1al1 to
do .0 the CII. lay proc.ed without you and I
JUdo.'nt .ay be entered agalnlt you by the Court
without further notic. for any loney oIatled In the
eo.plalnt or for any otner clala or relief requested
by the plaintiff. You .ay 10.. loney or property or
other rIght. iaportant to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE 00 TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FI~D OUT
l\IiERE YOU CAN GET LEGAL HELP.
Court Adolnlatrator
CUlb.rllnd County Courthous.
4th FloorL 1 Courthou.. Squlr.
Cariala, eA 17013.3387
(717) 210.8200
"
~z..:.:
JURY TRIAL DBHANDBD
ASSBSSKBHT OF DAMAGES REQUIRED
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
.
.
.
.
qq- d-{' 7 (]L~L Jt/vrr--
.
.
NO.
ACTION
"VIBO
La hln d'landldo a usted en It Corte. S1 usted quiere defender.e
d. ..t.. d.land.1 e.puI.ta. en 1a. pagina. .iguiente.. ulted tiene
yelnta (20) dlaa de ~lalo al partir de 1. facha de la dea.nda y la
noti1icaoton. Hace fa1tl Isentar una co.parenci. ..crtt. 0 en
perlona 0 con un abogado y entre gar . 1a corti en foral e.critl IU'
defen... 0 su. obIeotone. ala. de.andas en contra de .u per'~na.
Sea .vi.ado que. ulted no ., defiende. II corte tOlara ledtd.. y
pued. conttnuar II de.anda en contra Iuya Itn previa .vilo 0
notificaoion. Ade.al. la cart. pued. decidlr a favor del
d..andante y r.qut.r. que ulted aUlpla con todal laB provi.tonel d.
eltl de.andl. Ulted pued. perder dinero 0 IUI propiedad.. U otrol
derechol t.portantel par. ult.d.
LLEVE ESTA DEIlAHDA A UN ABOOAOO INMEDIATAllENTE, 81 NO TlENE
ABOOAOO 0 9INO TIENE EL DINERO SUFICIENTE DE PAOAR TAL SERVlCO
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIClNA CUY" OIRECCI6N
SE ENCUENTRA ESCRlT" AIIAIO PARA AVERIGUAR DONDE SE PUEOE
CONSEGUIR ASIBTENCIA LEGAL,
I
'!
JURY TRIaL DDUrDID
A88188KIHT O~ DAKlQI8 RIQUIRID
"
"
"
i! KYCRAIt, GICItLI , WlLltD, P.C.
I By: Marla Welker
'I IO No. 44069
230 South Broad Street
i 11th Floor
! Philadelphia, PA 19102
! (215) 735-3326
i
,
I
II' HOLLY BURKHOLDER
13 C Creekside Lane
I Carlisle, PA 17013-7827
,
Attorney for Plaintiff
: COURT OF COMMON PLEAS
I CUMBERLAND COUNTY
,
,
I
i
i MICHAEL M. KRULL and
, VANESSA C. KRULL
I 712 South 21st Street
! camp Hill, PA 17011
vs.
I
I
I NO.
CIVIL ACTIOH
I
!
1.
The Plaintiff, HOLLY BURKHOLDER, is an adult
: individual residing at 13 C Creekside Lane, in the City of
:!
: CarliSle, County of Cumberland, Commonwealth of Pennsylvania.
2. The Defendants, MICHAEL M. KRULL and VANESSA C. KRULL,
, are adult individuals residing at 712 South 21st Street, in the
. city of Camp Hill, County of Cumberland, Commonwealth of
Pennsylvania.
COUNT II HOLLY BURKHOLDER vs. VANESSA C. KRULL
3. Plaintiff, HOLLY BURKHOLDER, incorporates paragraphs
1 through 2 as though duly set forth herein.
4. On the 16th day of September, 1992, the Plaintiff,
HOLLY BURKHOLDER, was the owner and operator of a motor vehicle
which was travellinq in the City of Mechanicsburq, County of
cumberland, Commonwealth of Pennsylvania.
The Plaintiff was
iI c:irivinq eastbound and stopped in front of 437 East Simpson
,
I
I Street (S.R. 2014), to make a left turn onto an alley which runs
11
'I north-south. A bus driven by Edith Marsicano was stopped
,
, approximately one car lenqth behind Plaintiff's vehicle, waitinq
: for Plaintiff to make her left turn. The Defendant, VANESSA C.
'I' KRULL, was drivinq westbound on East Simpson Street and drove at
" a hiqh rate of speed into the oncominq eastbound lane of East
,
I
I Simpson street, strikinq the left front of Plaintiff' vehicle,
"
'I and pushinq Plaintiff's vehicle backwards fifteen feet into the
I bus, completely destroyinq the Plaintiff's vehicle. The
i
Defendant's automobile was owned by MICHAEL M. KRULL and VANESSA
C. KRULL. Said accident caused the Plaintiff personal injuries
I
: more
i
!
,
I HOLLY
fully described hereinafter.
5. As a result of the aforesaid accident, the Plaintiff,
suffered injuries includinq,
without
BURKHOLDER,
limitation, muscle liqament strain in the cervical spine and low
,back, contusion to the knee, headaches, and required extensive
I medical treatment to alleviate said injuries. The Plaintiff has
! chosen full tort coveraqe.
'I
,
i
,I
6. This accident result solely from the negligence and
recklessness of the Defendant herein and was due in no manner
whatsoever to any act or failure to act on the part of the
Plaintiff.
I 7.
,I VANESSA
,
I
,
,I
I
i
I
'I
.1
1
d
I
"
,
;1
;1
I
'1
,
The negligence and recklessness of the Defendant,
C. KRULL, consisted of the following:
(a) Failure to properly operate and control her
motor vehicle;
(b) Failure to regard the point and position of the
other vehicle;
(c) Failure to avoid striking the other vehicle;
(d) Violation of the Statutes of the Commonwealth of
Pennsylvania, as well as the Ordinances of the
County of CUmberland, governing the operation
of motor vehicles on the streets and highways;
(e) Failure to adhere to the posted speed limit of
thirty-five miles per hour;
(f) Failure to brake her vehicle at the first sign of
d danger;
i
" (g) Failure to respond to the alleged presence of an
I insect in her vehicle in a manner that would not
,
'j result in a three car collision;
i
'I (h) Failure to make adequate precautions to avoid the
alleged presence of insects in her vehicle;
(i) Failure to make adequate inspection to ascertain
the alleged presence of an insect in her vehicle;
(j) Failure to remain alert to the obvious buzzing
made by the alleged bee and to remove it from her
vehicle in a manner that would not endanger the
safety of numerous other persons then and there
lawfully on the roadway;
(k) Failure to carry drugs to alleviate her alleged
"allergic reaction" to bee stings so that in the
event a bee was present, she would not behave in
a reckless and irresponsible manner to avoid the
mere possibility of being stung by a bee;
(1) Failure to use due care under the
circumstances;
I
(m)
Being otherwise careless and negligent.
8.
As a result of this accident, the Plaintiff, HOLLY
I
i
! BURKHOLDER, has been or will be obliged to receive and undergo
medical attention and care and to incur various expenses for the
injuries she has suffered, and she may be obliged to continue to
expend such sums or to incur such expenditures for an indefinite
time in the future.
9. As a direct and reasonable result of this accident
aforementioned, Plaintiff has or may hereafter incur other
I
.......---.------
financial expenses or losses which do or may excelld amounts
which she may otherwise be entitled to recover.
'I 10. Further, Plaintiff incurred a severe shock to her
',nerves and nervous system, qreat physical pain, and mental
I distress and anguiSh, all of which may continue for an
I indefinite time in the future.
I 11. As a direct and resonable result of this accident,
i
I Plaintiff, HOLLY BURKHOLDER, has suffered, and may in the future
I
i suffer, severe pain and sUfferinq, emotional anguish, loss of
:1 use of a bodily function, permanent impairment and/or
'I
jdisfigurement, and continuinq losses and damaqes related to the
I trauma incurred.
,
,I 12. Further, Plaintiff has been compelled to expend
I
I various sums of money in attemptinq to alleviate and cure the
;
,I aforesaid injuries, and was prevented from attendinq to her
usual duties and occupation, and believes that she may in the
future be prevented from attendinq to her usual duties and
ioccupation to her great financial loss.
WHEREFORE, Plaintiff demands damaqes of the Defendant,
I
, VANESSA C. KRULL, in an amount in excess of Twenty-Five Thousand
'Dollars ($25,000.00), plus costs, delay damaqes and interest.
COUNT II: HOLLY BtJRXHOLDER vs. MICHAEL M. KRULL
13. Plaintiff, HOLLY BURKHOLDER, incorporates paragraphs
1 through 12 as though duly set forth herein.
14. On the 16th day of September, 1992, the Plaintiff,
HOLLY BURKHOLDER, was the owner and operator of a motor vehicle
'I which was travelling in the city of Mechanicsburg, County of
,
.1 Cumberland, Commonwealth of Pennsylvania. The Plaintiff was
'I
I driving eastbound and stopped in front of 437 East Simpson
I
I Street (S.R. 2014), to make a left turn onto an alley which runs
,
! north-south. A bus driven by Edith Marsicano was stopped
,
i approximately one car length behind Plaintiff's vehicle, waiting
,
! for Plaintiff to make her left turn. The Defendant, VANESSA C.
I
I KRULL, was driving westbound on East Simpson Street and drove at
a high rate of speed into the oncoming eastbound lane of East
. Simpson street, striking the left front of Plaintiff' vehicle,
!
! and pushing Plaintiff's vehicle backwards fifteen feet into the
;
'bus, completely destroying the Plaintiff's vehicle. The
Defendant's automobile was owned by MICHAEL M. KRULL and VANESSA
C. KRULL. Said accident caused the Plaintiff personal injuries
'more fully described hereinafter.
15. As a result of the aforesaid accident, the Plaintiff,
!
: HOLLY BURKHOLDER, suffered injuries inClUding, without
: limitation, muscle ligament strain in the cervical spine and low
i back, contusion to the knee, headaches, and required extensive
: medical treatment to alleviate said injuries. The Plaintiff
I
I
I
,I
'i
,
i has chosen full tort coverage.
16.
This accident result solely from the negligence and
I
,i recklessness of the Defendant herein and was
due in no manner
j whatsoever
,
I Plaintiff.
,
,
I
to any act or failure to act on the part of the
17.
The negligence and recklessness of the Defendant,
MICHAEL M. KRULL, consisted of the following:
I
I
'I
(a) Failure to properly control his motor vehicle,
and to prevent it from being operated by an
individual whose alleged physical condition
caused her to operate the vehicle in a
dangerous manner in the presence of an insect;
:,
i
!
(b) Allowing Defendant, VANESSA C. KRULL, to operate
the motor vehicle despite knowing that she was
allegedly unable to do so safely in the presence
of an insect, and after being on full and
complete notice of the presence of millions of
insects in the area, anyone of which could have
entered the vehicle at any time;
(c) Failing to inspect the vehicle for the presence
of any insects prior to entrusting the vehicle to
Defendant, VANESSA C. KRULL;
(d) Negligently entrusting the use of the vehicle to
~ i
i
'I
,
i
I
;
Defendant, VANESSA C. KRULL;
~.-._.,...~~~""............".,
f
I
I
(e)
Failure to use due care under the
circumstances;
(f) Beinq otherwise careless and neqliqent.
18. As a result of this accident, the Plaintiff, HOLLY
BURKHOLDER, has been or will be obliqed to receive and underqo
medical attention and care and to incur various expenses for the
II injuries she has suffered, and she may be obliqed to continue to
I expend such sums or to incur such expenditures for an indefinite
I time in the future.
19. As a direct and reasonable result of this accident
aforementioned, Plaintiff has or may hereafter incur other
financial expenses or losses which do or may exceed amounts
i
1 which she may otherwise be entitled to recover.
i 20. Further, Plaintiff incurred a severe shock to her
I
! nerves and nervous system,
i
i
qreat physical pain, and mental
of which may continue for an
distress and anguish, all
indefinite time in the future.
21. As a direct and resonable result of this accident,
Plaintiff, HOLLY BURKHOLDER, has suffered, and may in the future
suffer, severe pain and sufferinq, emotional anguish, loss of
use of a bodily function, permanent impairment and/or
! diSfigurement, and continuinq losses and damaqes related to the
trauma incurred.
~,'.',"".,.,",,,
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"
22. Further, plaintiff has been compelled to expend
various sums of money in attempting to alleviate and cure the
aforesaid injuries, and was prevented from attending to her
usual duties and occupation, and believes that she may in the
I' future be prevented from attending to her usual duties and
, occupation to her great financial loss.
'I
WHEREFORE, Plaintiff demands damages of the Defendants
herein in an amount in excess of TWenty-Five Thousand Dollars
($25,000.00), plus costs, delay damages and interest.
NYCBU, OECItLE , WBLltER, P.C.
By:
rIId... tJf)
Harla Welker
Attorney for Plaintiff
"..,......-._..,.'r_
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V E R I FIe A T ION
COWrlONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
Hn 11 Y Rlll~khn 1 nAr
, being duly sworn
according to law, deposes and says that sheis the Plaintiff in
the within matter and that the facts set forth in the foregoing
Civil Action
are true and correct to the
best of her knowledge, information, and belief, and that this
statement is made subject to the penalties of 18 PA C.S. 4940,
relating to unsworn falsifications to authorities.
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HOLLY BURKHOLDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2117 CIVIL 1994
.
.
.
.
vs.
MICHAEL M. KRULL and
VANESSA C. KRULL,
Defendants
ENTRY OF APPEARANCB
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter my appearance on behalf of Defendants, Michael M.
and Vanessa C. Krull, in the above captioned matter.
ully submitted,
By:
James G. Nealon, III, Esquire
Attorney I.D. #46457
Attorney for Defendants
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Dated: May 18, 1994
306S3.\
.
.....,,---~. ,-_......-
.
.
Certificate of Service
AND NOW, this 18th day of May, 1994, I hereby certify that I
have served the foregoing Entry of Appearance on the following by
depositing a true and correct copy of same in the United States
mails, postage prepaid, addressed to:
Marla Welker, Esquire
MYCHAK, GECKLE & WELKER, P.C.
230 South Broad Street
11th Floor
Philadelphia, PA 19102
James G. Nealon, III, Esquire
30653.1
..
b'\-~:'~~":'''-'
~~6".,
SHERIFF'S RETURN
CCM1OOWEAL'll1 OF PENNSYLVANIA:
COUNTY OF ClMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-2117 Civil Term
Civil Action and Notice
Holly Burkholder
VS
Michael M. Krull and
Vanessa C. Krull
Michael Barrick
. ~II~ Deputy Sheriff of
Cunberland County, Pennsylvania. who being duly sworn according to law, says,
that he served the within Civil Action and Notice
uponMichael & Vanessa Krull
. the defendant. at 10:32
o I clock
A.M. JJSlD(/ EDST. on the 26
Apr il
day of
, 19 94at
712 South 21st Street, Camp Hill
, Cumberland County,
Pennsylvania, by handing to Micheal M. Krull, defendant and adult in
charge, accepted for both
a true and attested copy of the
Civil Action and Notice
and at the same tline directing his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.40
So answers:
~~r_<~~
4.00
30.40 Pd. by Atty.
4-27-94
R. Thanas Kline. Sheriff
by .. -> /:/' .~,
-/':7~;~?j~~
Deputy Sheriff
Sworn and subscribed to before roo
this , -5 t ,l day of
19 q4
J}( ll.-1:1-
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Prothonot;'!'Iry
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HOLLY BURKHOLDER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2117 Civil Teon
JURY TRIAL DEMANDED
MICHAEL M. KRULL and
VANESSA C. KRULL,
Defendants
NOTICB
TO: Holly Burkholder, Plaintiff
C/O Marla Welker, Esquire
MYCHAK, GECKLE & WELKER, P.C.
230 South Broad Street, 11th Floor
Philadelphia, PA 19102
YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein
contains aveonents against you to which you are required to respond
within twenty (20) days after service thereof. Failure by you to
do so may constitute an admission.
CALDWELL & KEARNS
Date: f6-t-94
es G. Nea on, I squire'
ttorney's I.D. #46457
~eborah A. Cavacini, Esquire
ttorney's I.D. #67900
orney for Defendants
Michael M. and Vanessa C. Krull
.
HOLLY BURKHOLDER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2117 Civil Term
JURY TRIAL DEMANDED
MICHAEL M. KRULL and
VANESSA C. KRULL,
Defendants
ANSWER WITH NEW MATTER
AND NOW come Defendants, Michael M. Krull and Vanessa C.
Krull, by their counsel, Caldwell & Kearns, who submit the
following Answer with New Matter to Plaintiff's Complaint and in
support thereof state as follows:
1. Admitted, based on information and belief.
2. Admitted.
COUNT I
Hollv Burkholder v. Vanessa C. Xrull
3. Defendants incorporate by reference their Answer to the
foregoing paragraphs.
4.
Admitted and denied.
It is admitted that Vanessa C.
Krull was driving westbound on East Simpson Street just prior to
the collision with the Plaintiff's vehicle. It is also admitted
that the vehicle driven by Vanessa C. Krull was owned in her name
and her husband's name, Michael M. Krull.
It is specifically
denied that Vanessa C. Krull was driving her vehicle at a high rate
F!!:":~~'ot,~
of speed prior to impact. With respect to the remaining
allegations of paragraph 4, Defendants, after reasonable
investigation, are without information or knowledge sufficient to
form a belief as to the truth of the averments and proof thereof is
demanded.
5. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 5 and proof thereof is
demanded.
6. The averments of paragraph 6 are conclusions of law
and/or fact to which no responsive pleading is appropriate or
necessary under the Pennsylvania Rules of Civil Procedure.
7. (a) - (m) . The averments of paragraph 7 (a) - (m) are
conclusions of law and/or fact to which no responsive pleading is
appropriate or necessary under the Pennsylvania Rules of Civil
Procedure. By way of further answer, each and every allegation of
paragraph 7 and the subparts included therein is specifically
denied.
8. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 8 and proof thereof is
demanded.
9. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
COUNT II
Hollv Burkholder v. Miohael M. Xrull
13. Defendants incorporate by reference their Answer to the
foregoing paragraphs.
the truth of the averments of paragraph 9 and proof thereof is
demanded.
10. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 10 and proof thereof is
demanded.
11. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 11 and proof thereof is
demanded.
12. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 12 and proof thereof is
demanded.
WHEREFORE, Defendants demand that the Complaint be dismissed
and judgment entered in their favor and against the Plaintiff
without cost to them but together with such costs, expenses and
attorney's fees as authorized by law and which the court deems
necessary, just and appropriate under the circumstances.
~i;"""
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14. Admitted and denied. It is admitted that Vanessa C.
Krull was driving westbound on East Simpson Street just prior to
the collision with the Plaintiff's vehicle. It is also admitted
that the vehicle driven by Vanessa C. Krull was owned in her name
and her husband's name, Michael M. Krull. It is speci.fically
denied that Vanessa C. Krull was driving her vehicle at a high rate
of speed prior to impact. With respect to the remaining
allegations of paragraph 14, Defendants, after reasonable
investigation, are without information or knowledge sufficient to
form a belief as to the truth of the averments and proof thereof is
demanded.
15. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 15 and proof thereof is
demanded.
16. The averments of paragraph 16 are conclusions of law
and/or fact to which no responsive pleading is appropriate or
necessary under the Pennsylvania Rules of Civil Procedure.
17.(a)-(f). The averments of paragraph 7(a)-(f) are
conclusions of law and/or fact to which no responsive pleading is
appropriate or necessary under the Pennsylvania Rules of Civil
Procedure. By way of further answer, each and every allegation of
paragraph 17 and the subparts included therein is specifically
denied.
.~~-~......,.. ~','" ~'~
18, Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 18 and proof thereof is
demanded.
19. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 19 and proof thereof is
demanded.
20. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 20 and proof thereof is
demanded.
21. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 21 and proof thereof is
demanded.
22. Denied. Defendants, after reasonable investigation, are
without information or knowledge sufficient to form a belief as to
the truth of the averments of paragraph 22 and proof thereof is
demanded.
WHEREFORE, Defendants demand that the Complaint be dismissed
and judgment entered in their favor and against the Plaintiff
without cost to them but together with such costs, expenses and
attorney's fees as authorized by law and which the court deems
necessary, just and appropriate under the circumstances.
NEW MATTER
23. Defendants incorporate by reference as if set out in full
their Answer to the Plaintiff's Complaint.
24. Plaintiff has failed to state a claim upon which relief
can be granted against Defendant Michael M. Krull.
25. Plaintiff has failed to state a claim upon which relief
can be granted against Defendant Vanessa C. Krull.
26. Prior to the accident, Defendant Vanessa C. Krull was
travelling westbound on East Simpson Street at a speed within the
posted limit and she was operating her vehicle in a careful,
reasonable, and cautious manner.
27. Immediately prior to impact, Defendant Vanessa C. Krull
was faced with a sudden emergency in that a bee entered her vehicle
and landed on her left eyelid and stung her.
28. Vanessa C. Krull had experienced allergic reactions to
bee stings in the past, which fact reasonably created even more of
an emergency in her perception.
29. Vanessa C. Krull acted reasonably and properly under the
circumstances of a sudden emergency existing inside her vehicle but
outside the realm of her control or anticipation.
30. Plaintiff's contributory/comparative negligence may act
to bar and/or offset any recovery against the Defendants in this
case.
31. Any damages to which the Plaintiff is entitled are to be
reduced, in whole or in part, in accordance with the Pennsylvania
Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 51701 ~
GS;l.
32. To the extent that any losses, economic or otherwise,
were paid or payable under any group plan or other arrangement,
Section 1722 of the Motor Vehicle Financial Responsibility Law
prohibits the Plaintiff from recovering said amounts in this
action.
WHEREFORE, Defendants demand that the Complaint be dismissed
and judgment entered in their favor and against the Plaintiff
without cost to them but together with such costs, expenses and
attorney's fees as authorized by law and which the court deems
necessary, just and appropriate under the circumstances.
Respectfully submitted,
CALDWELL &: KEARNS
, 3 Front St
Har~isburg, 171
(717.) 23
Date: ~-4 A+
re
Krull
G:\DATA\DAC\OOOIZ\94298\35176.1
Date: i
- J.j "7-'1
BylYl ~ fYl 7L ~.1j
MichaelM. Krull
Verification
I, Michael M. Krull, verify that the averments made in the
foregoing Answer with New Matter, are true and correct. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.B.A. 4904 relating to unsworn falsification
to authorities.
753
Verification
I, Vanessa C. Krull, verify that the averments made in the
foregoing Answer with New Matter, are true and correct. I
understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn fa~sification
to authorities.
Date: ill
'.71/
753
~'!!
CBRTIPICATE OP SBRVICB
AND NOW, this I./Yh day of (JJ1~ ' 1994, I,
Kathy J. Murray, an employee of the law firm of Caldwell & Kearns,
do hereby certify that I have served the foregoing document, on the
following by depositing a true and correct copy of same, in the
United States mails, postage prepaid, addressed to:
Marla Welker, Esquire
MYCHAK, GECKLE & WELKER, P.C.
230 South Broad Street, 11th Floor
Philadelphia, PA 19102
~ {ltp~
Kath J. ay
t,\"'~""~"'~'L"'<'''~,c!:
.
HYCBAK, GECJCLE & WELKER, p.e.
By: Marla Welker Attorney tor Plaintitt
ID No. 44069
230 South Broad Street
11th Floor
Philadelphia, PA 19102
(215,1 735-3326
HOLLY BURKHOLDER : COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
vs.
.
.
:
MICHAEL M. KRULL and
I VANESSA C, KRULL
,
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.
.
NO.
94-2117 CIVIL TERM
PLAINTIFF, HOLLY BURKHOLDER'S,
RESPONSE TO NEW MA'I"l'ER OF DEFENDANTS
23.
Denied.
Plaintiff incorporates by reterence each and
every allegation as if set out in full.
demanded at trial.
24. Denied. It is specifically denied that Plaintiff has
Strict proot is
failed to state a claim upon which relief can be granted,
strict proof is demanded at trial.
25. Denied. It is specifically denied that Plaintiff has
failed to state a claim upon which relief can be granted against
I
I Defendant, Vanessa C. Krull. strict proof is demanded at trial.
ii 26. Denied. It is specitically denied that prior to the
Ii accident, Defendant Vanessa C. Krull was travelling westbound on
I East Simpson Street at a speed within the posted limit and she
II was operating her vehicle in a careful, reasonable, and cautious
!. manner. Strict proof is demanded at trial.
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I 27. Denied. After reasonable investigation Plaintiff is
i without knowledge or information to form a belief as to the
I
truth of this averment and therefore denies same. strict proof
is demanded at trial.
28. Denied. After reasonable investigation Plaintiff is
without knowledge or information to form a belief as to the
truth of this averment and therefore denies same. strict proof
is demanded at trial.
29. Denied.
It is specifically denied that Vanessa C.
Krull acted reasonably and properly under the circumstances of
a sudden emergency existing inside her vehicle but outside the
realm of her control or anticipation. strict proof is demanded
at trial.
30. Denied. It is specifically denied that Plaintiff's
contributory/comparative negligence may act to bar and/or offset
any recovery against the Defendants in this case. strict proof
is demanded at trial.
31. Denied. It is specifically denied that any damages to
which the Plaintiff is entitled are to be reduced, in whole or
in part, in accordance with the Pennsylvania Motor Vehicle
Financial Responsibility Act, 75 Pa. C.S.A. Section 1701 et sea.
Strict proof is demanded at trial.
32. Denied. It is specifically denied that to the extent
that any losses, economic or otherwise, were paid or payable
under any group plan or other arrangement, section 1722 of the
Motor Vehicle Financial Responsibility Law prohibits the
Plaintiff from recovering said amounts in this action.
."
.",".-
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ii WHEREFORE, the Plaintitt, Holly Burkholder, demands
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I: and Vanessa C. Krull.
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MYCHAK, GECKLE & WELKER, P.C.
By:
tfl~iJdL
Marla Welker
Attorney tor Plaintitt
V E R I F I CAT ION
CO~WONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
Holly Burkholder , being duly sworn
according to law, deposes and says that she is the Plaintiff in
the within matter and that the facts set forth in the foregoing
Response to New Matter are true and correct to the
best of her knowledge, information, and belief, and that this
statement is made subject to the penalties of 18 PA C.S. 4940,
relating to unsworn falsifications to authorities.
i----1iMl~ d ~ t~,-
...........-...,.."..."'--....
CERTIFICATE OF SERVICE
I, Marla Welker, ot the law tirm ot MYCHAK, GECKLE &
WELKER, P.C, attorney tor Plaintitt, Holly Burkholder, do hereby
I certity that on this date I am serving a copy ot the toregoing
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document upon the person and in the manner indicated below,
which service satisties the requirements
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the
Pennsylvania
Rules ot civil procedure, by placing a true and correct copy ot
same in the United States mail, first class, postage prepaid, at
Philadelphia, Pennsylvania, addressed to:
James G. Nealon, III, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
MYCHAK, GECKLE & WELKER, P.C.
By:
nI/.1u ~___
Marla Welker
Attorney for Plaintitf
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HYCBAlC, GBClCLB " fiBLlCER, P.C.
By: Haria Welker
ID No. 44069
230 South Broad Street
1.1th Floor
Philadelphia, PA .19.102
(2.15) 735-3326
Attorney ~or Plainti~~
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ii,
vs.
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II VANESSA c. KRULL
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i i CERTIFICATE OF SERVICE
:1 I, HarIa Welker, o~ the law ~irm o~ HYCHAK, GECKLE &
II WELKER, P.C, attorney for Plaintif~, Holly Burkholder, do hereby
II certi~y that on this date I am serving a copy o~ the ~oregoing
:1 Plainti~~'s responses to discovery to the person and in the
'! manner indicated below, which service satisfies the requ.i.remants
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11 postage prepaid, at Philadelphia, Pennsylvania, addressed to:
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COURT OF COHHON PLEAS
CUMBERLAND COUNTY
.
.
.
.
.
.
.
.
.
.
NO.
94-2.1.17 CIVIL TERM
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James G. Nealon, III, Esquire
CALIMELL & KEARNS
3631 North Front Street
Harrisburg, PA 17.110
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By:
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Marla Welker
Attorney for Plaintif~
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Dated:
October 27, 1994
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MYCHAX, GECKLE, WELKER & THIROWAY, P.C.
By: Marla Welker Attorney for Plaintiff
ID No. 44069
230 South Broad Street
11th Floor
Philadelphia, PA 19102
(215) 735-3326
HOLLY BURKHOLDER
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
C!~~~~jOUNTY . PENNSYLVANIA
NO. 2117 S 1994
CIVIL ACTION - LAW
MICHAEL M. KRULL and
VANESSA C. KRULL, h/w
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S EXPERT INTERROGATORIES ADDRESSED TO
DEFENDANTS MICHAEL M. KRULL AND VANESSA C. KRULL. H/W
Plaintiff, Holly Burkholder, serves the within
Interrogatories on Defendants, Michael M. Krull and Vanessa C,
Krull, h/w and makes demand on said Defendants to answer same
under oath with in thirty (30) days.
These Interrogatories shall be deemed to be continuing
so as to require Supplemental Answers if you obtain further or
different information between the time the answers hereto are
filed and the time of trial,
. .
1. State the full name and home and business addresses of
all persons you expect to call as expert witnesses at the time
of trial of the above-captioned matter.
2. For all persons named in Interrogatory 1, state the
following:
a) Their occupation;
b) Whether or not they specialize in any particular
filed, and if so, set forth their area or areas of
specialization.
3. For all persons named in Interrogatory 1, set forth
their qualifications, including but not limited to the
following:
a) The schools or training programs that each has
attended, including the years in attendance, and degrees or
certificates, etc" received;
~
b) Experience in' particular fields of endeavor,
whether related or unrelated to their area of specialty,
including names and addresses of employers with years of
employment;
c) A list of all publications authored by said
persons, including a title. of the work, the name of the
periodical or book in which it was printed, and the date of its
publication.
NOTE: If the person or persons listed in
Interrogatory 1 has or had printed or mimeographed resumes or
curriculum vitae, or other summaries or qualifications which
provide all information requested herein, you may attach a copy
of same in lieu of answering this question.
I
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4. For all persons named in Interrogatory 1, set forth
the following:
a) Subject matter to which the expert is expected to
testify;
testify;
b) The facts to which the expert is expected to
testify,
c) The opinion to which the expert is expected to
NOTE: If the person or persons listed in
Interrogatory 1 has provided you with a report which includes
the above information, you may attach a copy of same in lieu of
answering this question,
.
5. Set forth in detail the factual information supplied
to each such expert. including but not limited to the following:
a)
All objects and material examined by the expert;
b)
the expert;
The type of said objects or material examined by
c)
the expert;
The source of all objects or material examined by
d) The date and place of examination of said objects
or material by the expert;
e) A description of all photographs, plans,
drawings, specifications or other documents reviewed by such
experts;
expert.
f) Any location, .sites or facilities visited by the
.
..
.
6. Set forth a summary of the grounds (other than the
facts requested in the Interrogatories above) for each opinion
of the expert, including, but not limited to the following:
a) Any textual material
witness will rely. For any such texts,
of the text, the author, the edition,
and pagels) of said text;
upon which the expert
please identify the name
the year of publication
b) Any statute or ordinance upon which the expert
witness will rely, specifying the full citation of any such
statute or ordinance, and its place or origin.
7. State the name and address of any expert whom you have
consulted or retained, in' anticipation of litigation, or
preparation for trial, and who is not expected to be called as
a witness at the time of trial of the above-captioned matter.
.
.
8. With respect to each of the experts named in
Interrogatory 7, state specifically the following:
a) The specific subject matter on which the expert
has knowledge;
b) The substance of the facts and opinions of said
expert;
c) A summary of the grounds for each opinion.
NOTE: In lieu of answering Interrogatory 8, you may
attach a copy of each expert's summary of qualifications and his
report, if such are available.
.
.
9. Please identify each and every exhibit or document
which you intend to introduce into evidence at the time of
trial.
10. Please identify each and every witness, both fact and
expert, whom you intend to call at the time of trial, and as to
each such witness, state whether or not you have either a
written or oral statement.
MYC~, GECKLE, WELKER &: THIROWAY, P.C.
BY: 1'rJ.~ ~J-____
Marla Welker
Attorney for Plaintiffs
MYCHAX, GECKLE, WELKER & THIROWAY, P.C.
By: Marla Welker Attorney for Plaintiff
10 No. 44069
230 South Broad Street
11th Floor
Philadelphia, PA 19102
(215) 735-3326
HOLLY BURKHOLDER
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
~~~~~4~~~NTY , PENNSYLVANIA
NO, 2117 S 1.994
CIVIL ACTION - LAW
MICHAEL M. KRULL and
VANESSA C. KRULL
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marla Welker, of the law firm of MYCHAK, GECKLE &
WELKER, P.C, attorney for Plaintiff, Holly Burkholder, do hereby
certify that on this date I am serving a copy of the foregoing
document Plaintiffs Expert' Interrogatories Addressed to
Defendants Michael M, Krull and Vanessa C, Krull, upon the
person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by placing a true and correct copy of same in the
United States mail,
first class,
postage prepaid,
at
Philadelphia, Pennsylvania, addressed to:
James G. Nealon, III
NEALON & GOVER
301 Market Street - 9th floor
P.O, Box 865
Harrisburg, PA 171.08-0865
MYCHAX, GECKLE, WELKER & THIROWAY, P.C.
By:
1'1(4<& iJL-..
Marla Welker
Attorneys for Plaintiffs
DATED:
November 5, 1996
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. ID No. 44069
230 South Broad Street
11th Floor
philadelphia, PA 19102
(215) 735-3326
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:1 HOLLY BURKHOLDER
i Plaintiff
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:1 v.
II MICHAEL M,
; I VANESSA C.
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KRULL and
KRULL, h/w
Defendants
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&. THIROWAY,
P.C.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2117 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marla Welker, of the law firm of MYCHAK, GECKLE &.
WELKER, P,C, attorney for Plaintiff, Holly Burkholder, do hereby
!, certify that on this date I am serving a copy of the foregoing
illl document Plaintiffs Expert Interrogatories Addressed to
I Defendants Michael M, Krull and Vanessa C, Krull, upon the
II
;! person and in the manner indicated below, which service
!
satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by placing a true and correct copy of same in the
United States mail,
first class.
postage prepaid,
at
Philadelphia, Pennsylvania, addressed to:
Deborah A. Cavacini, Esquire
CALDWELL & KEARNS
3631 North Front Street'
Harrisburg, PA 17110
MYCHAK, GECKLE, WELKER &. THIROWAY, P.C.
By:
Ji~.~ ,), C____
Marla Welker
Attorneys for Plaintiffs
DATED:
November 12, 1996
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MVCHAK. GECKLE. WEl.KER & THIROWAY. P.c.
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MYCHAK, GECKLE, WELKER & THIROWAY, P.C.
By: Marla Welker Attorney for Plaintiff
10 No. 44069
i 230 South Broaa Street
III th Floor
Philadelphia, PA 19102
i (215) 735-3326
HOLLY BURKHOLDER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-2117 CIVIL TERM
v,
MICHAEL M, KRULL and
VANESSA C, KRULL, h/w
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Marla Welker. of the law firm of MYCHAK, GECKLE &
WELKER, P,C, attorney for Plaintiff, Holly Burkholder, do hereby
I certify that on this date I ~m serving a copy of the foregoing
I
I document Plaintiffs Expert Interrogatories Addressed to
I Defendants Michael M, Krull and Vanessa C, Krull, upon the
I
I person and in the manner indicated below, which service
I satisfies the requirements of the Pennsylvania Rules of Civil
I
I Procedure, by placing a true and correct copy of same in the
i
i United States mail,
i
:1 Philadelphia, Pennsylvania, addressed to:
II
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I
,
first
class,
prepaid,
at
postage
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Deborah A, Cavacini, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
MYCHAK, GECKLE, WELKER & THIROWAY, P.C.
By:
'1
YfW~ ~
Marla Welker
Attorneys for Plaintiffs
DATED:
November 15, 1996
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MVCHAK. GECKLE & WELKER, p.c.
IITlI flOOR. 1)0 ~Olfn' BROA.D !II RUT
rlIlLADELrlllA. rA 1')101.41')0
IIYCBU, G~u.. , W.LItO, P.C.
By: Marla Welker Attorney for plaintiff
ID No. 44069
230 South Broad street
11th Floor
Philadelphia, PA 19102
(215) 735-3326
HOLLY BURKHOLDER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
MICHAEL M. KRULL and
VANESSA C. KRULL
NO. 94-2117 CIVIL TERM
ORDO TO SETTLE. DISCONTINUE AHD BHD
To The Prothonotary:
Please mark the above captioned case as settled,
discontinued and ended.
KYCBAK GECKLB' WELKER, P.C.
By: )} 1,~cL. I-.)~L
Marla Welker
Attorney for Plaintiffs
p"".,",,,...,,......"-
CBRTI.ICATB O. 8BRVICB
I, Marla Welker, ot the law firm ot MYCHAK,
GECKLE , WELKER, P.C, attorney tor Plaintitf, Holly
Burkholder, do hereby certify that on this date I am servinq
a copy ot the toreqoinq document to the person and in the
manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of civil Procedure,
by placinq a true and correct copy of same in the United
states mail, first class, postaqe prepaid, at Philadelphia,
Pennsylvania, addressed to:
James G. Nealon, III, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburq, PA 17110
NYCJIAJt, OECKLE , W.LltBR, P.C.
By:
n/",t, co,/!_
Marla Welker
Attorney for Plaintiff
Dated: September 14, 1999