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HomeMy WebLinkAbout94-02638 i I i ! I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, . CIVIL ACTION - LAW . Plaintiff . . . (1~L Jl.~ . q~ ,;lb3f v. . NO. . . . RICHARD J. ZEIDERS, SR. , . . Defendant . JURY TRIAL DEMANDED . NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or Objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Defendant. 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 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvnaia 17013 (717) 240-6200 NOTICIA Le han demaandado a usted en 111. corte. Si usted qu~e~e defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas demandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y port cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEHANDA A UN ABOGADO INHEDIATAHENTE. S I NO TUNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SEVICIO, VAYA EN PERSONA 0 LLAHE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Fl., Cumberland County Courthouse Carlisle, pennsylvnaia 17013 (717) 240-6200 Date: 7/I<L(j I~/(fr ~U1re 2423 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I. D. No. 23705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, Plaintiff CIVIL ACTION - LAW v. NO. RICHARD J. ZEIDERS, SR., Defendant . . JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Barry S. Folk, is an adult individual residing at 13 Merino Lane, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania (hereinafter referred to as "Plaintiffll). 2. Defendant, Richard J. Zeiders, Sr., is an adult individual residing at 257 Juniper Drive, Etters, York County, Pennsylvania (hereinafter referred to as IIDefendantll). 3. At all times relevant herein Christopher Folk, son of Plaintiff, was the operator of a 1988 Chevrolet Nova automobile owned by Plaintiff. 4. Christopher Folk was operating said vehicle with the permission and consent of Plaintiff. 5. At all times relevant herein Defendant was the operator of a 1989 Ford Escort owned by Diane E. Zeiders of 257 Juniper Drive, Etters, York County, Pennsylvania. 6. On March 25, 1994 at approximately 7:30 a.m. Christopher Folk was heading North or Northeast on Lisburn Road in Lower Allen Township, Cumberland County, Pennsylvania in Plaintiff's vehicle. 7. He entered the intersection of Lisburn Road and slate Hill Road when Defendant drove the 1989 Ford Escort from behind the stop sign on Slate Hill Road into the pathway of Plaintiff's vehicle causing the vehicles to collide. 8. The aforesaid collision and resulting damages were caused solely by the carelessness, recklessness and negligence of Defendant in that he: Failed to observed Plaintiff's vehicle in the west bound lane of Lisburn Road; Drove his vehicle into the path of Plaintiff's vehicle; (c) Followed the careless, reckless, and negligence directions of the unknown driver of a vehicle on Lisburn Road; (a) (b) (d) Failed to yield the right-of-way to west bound through traffic on Lisburn Road and west bound traffic on Lisburn Road waiting to turn North onto Slate Hill ROad; and Did not stop at a stop sign; Struck Plaintiff's vehicle; Failed to avoid striking Plaintiff's vehicle; Failed to have his vehicle under control just prior to and during the accident; and Failed to apply his brakes in time to prevent the accident; (e) (f) (g) (h) (i) 9. As a result of the aforesaid carelessness, recklessness and negligence of Defendant, Plaintiff has suffered the total loss of his aforesaid vehicle with a fair market value of $3,800.00 and incurred towing and/or storage costs in the amount of $35.00. WHEREFORE, Plaintiff, Barry S. Folk, demands judgment in the amount of $3,835.00 plus costs and interest against Defendant. Date: ~I"{~I" Gr~ ~qU1re Attorney for Plaintiff 2423 North Third street Harrisburg, Pennsylvania 17110 (717) 238-0434 I, Barry S. Folk, hereby verify that the statements made in the attached Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that if false statements are made herein I am subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date ~/~~~ ~ J.IJJ!- BarJs~ a; - >;.. ... ..- ""- ~ ~jr,,--l~ ..'"1: '~7':.~ C"'I"t ;;'::l'- 4\. ~ :".:I~.(~,;, - ",r. .:"..:~ :;:~ -' ,.. ~.. i..}- .;, ~ -"'") '" ~f...., \r) ~ ~ ~ ::r;: .~ ~~ ~ C"\"'< '-j _ --.':) -0 '~ ~ 'V\ C ~ ......... ~ , 1'/) "... C.J'X ~ c::o - (.b. \." t_ I ......-..' il 0 ~ , ~ \j.f , t:;t:: hi ~+l ~ ij I mwo( ~ [!ja:~~~ rla:$~~ i~~ 0 a~ It>j!:~lil Oa::r~N . N ;tel;: ;:: > slil~gE ~Iq . . I-J a:",:> U) I eNID .. en I Na: ~ ~~~ II: ~ , . , . . SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-2638 Civil Term Barry S. Folk Complaint in Civil Action Law and Notice VS Richard J. Zeiders, Sr. R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Richard J. Zeiders, Sr. but was unable to locate him in his bailiwick. He therefore deputized the sheriff of York County. Pennsylvania, to serve the within Complaint in Civil Action Law and Notice On May 31, 1994 , this office was in receipt of the attached return from York County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge York County So answers: /'/ /'~ /' .. :/ y;&.-.-c:' ./c ..- ~. THOMAS KL~NE, Sheriff 14.00 5.00 2.00 42.88 63.88 before pd. by me atty 5-31-94 $ Sworn and subscribed to ...... this IJ - " 2. ." , day of 19 fj''1 ,A. D. C)-I' . C hl.rp.- ~. . , Ptothonotary 1. -< C . . A""l L.:';l9, OUrT 01 Barry S. Folk C-mmo""" -{.::2.......~ ....1 ,--..,.....- .....~.......~ ,.1.., '_.'-" p-...r:"'yl""'-l'- ...,... a. ., :--.__~ ...,- ......,.._.:.:0:;, ._4J_ "wI.....-..'.1 ~ I =.,..., __., ..... 'is. Richard J. Zeiders, Sr_ :qo. 94-2638 ~ivil Term :~-- :-iow, May 19, 1994 .'9_ Too S-:"~"':l"'~":;" 0- f"~,"",'::'"':l" "..... COY"",''''v ::1-' "'Q ---.. ::' __...~.:...._~'u .....,.. -t .......... ... h=:by ~::uC::: == S~E oi York c,u:ty :0 :::::-~t: .:...~ 'tV:::, ... .. . .. . .... -,' '- :::.:s =-::u:::cu :=::1! -......- u ::::: ._~u:::n ::Q :-...sx Ot ::.: ::.'1:=. ~~-J<:~~-e .saC--:=! :)t :~c.."..:J:u C.:u:ry. ?:L Affida.vit or Sem~ :-iow, May 26 !9 94 :.: 6:01 o":lcc:!t Ii" ~L 1:=-.-:::1 . ... :::e WI......, Complaint & Notice ~poa Richard J. Zeiders. Sr. 257 Juniper Drive, Etters, PA. :.; :y::u:cll:q:D Diane E. Zeiders. Wife :. True & Attested c:py ci ::e o::~-.,r ("nr"QP1;i;nt- 1. Not:i~p md -~,;. i::::awa :0 Diane E. Zeiders ... :::: .:=:t=:s . . :::::=1. So a:sw=. ~-IT//'tJ7A4Lf .t..~~ ot York ~ Cou.atT. ? ./J1~'J:Y; \ / cY%f~ COSTS :::.c..'<.".rIQ; :\ crr..:::..-\G Eo .-\::uJAvTI oS Swot: :me :;::sc:-:i:cd bc:i'cn:: ==::::J 26th c:<yof May 19...2L --~---. t_ '-.a Notarial Seal Melissa J. Gross. Norary Public York, YorkCoulllV My Commission EJlplrus Apn/20. 1998 s '. BARRY S. I'OLK, Plaintiff IN THB COURT 01' COMMON PLEAS CUMBERLAND COUNTY-PBNNSYLVANIA v. NO. 2'38 CIVIL 1994 RICKARD J. ZEIDERS, SR., Defendant CIVIL ACTION - LAW v. CHRISTOPHER I'OLK, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Issue a Writ of Summons to join the following as an Additional Defendant in the above-captioned case: Merino Lane, Mechanicsburq, PA 17055 Christopher Folk. 13 Counsel for the Plaintiff is: Greaorv R. Reed. Esauire Counsel for the Defendant is: Jeffrev B. Rettia. Esauire Counsel for the Additional Defendant is: Unknown Date: ~/2"i';t1.; I /~ ,? ;; Signature': --'Z;:)/C"...u:c# Print Narne(/JeffreV B. Re~tiq, Address: P.O. Box 999 Harrisburq, PA 17108-0999 Esauire Supreme Court 10 No. 19616 Telephone No. (7171 255-7639 -=>" >- - CJ"") .t'- - " = ; d ., .-..... M -:;, '''-I - ,. " ,....., <'-J 3 - , Qz) ...t ~ ... W Gl Ii w 0 It ~~ Iii m E ... m ~ ~ 'i1 ~ m >< ,,' ~ .. It 0 It r~ III :> 0 Gl ~ ... Ul ~ ~ 0; iii It < ~~ g % ~ .' Cumberland County, 88: The Commonwealth of Pennsylvania to Christopher Folk (Name of Additional Defendantl 13 Merino Lane. Mechanicsburg PA 17055 You are notified that Richard J. Zeiders, Sr. (Name (sl 01 Delendant (5) has (~) joined you as an additional defendant in this action, which you are re- quired to defend. Date June 23, 1994 Lawrence E. Welker l\ro , ry By (SEAL) , J .1 I~ to .a ~~ E! ~ S ~ - ! < 1 1-1 1 fII o~ . . ':l ~f:3 i ~ I Ul Iij 1-1 ... ~ o-l Q) ,!o:< '.-i 'tl o-l 00 . > ~ '.-i 0 ~~ i ~~ '.-i ,!o: Q) r.. llil"l u o-l N !f 0 ~z CXl :1 . l"I ..., ~~ . lQ '" i~' - N 'tl I 1-1 ~ :>. ltl o ~ ~ 1-1 .c p. !:: 1-1 U ~ ltl '.-i :i llJ II: ..., sufficient to fonn a belief as to the truth of these allegations and proof thereof is demanded. S, Admitted, 6, Denied as stated, It is admitted that at the time, date and place alleged, Christopher Folk was heading generally in a northerly direction on Lisburn Road. 7. Denied as stated. It is admitted that Defendant proceeded from Slate Hill Road onto Lisburn Road, At that time, Defendant had been waved on by a vehicle stopped for traffic, The vehicle operated by Christopher Folk was illegally passing stopped traffic on the right, 8, Denied, It is denied that Defendant was negligent as alleged, (a) Denied, It is denied that Plaintifrs vehicle was in the westbound lane of Lisburn Road. To the contrary, it was passing stopped vehicles on the berm. It is admitted that Defendant did not observe Plaintifrs vehicle because it was obscured by stopped vehicles at the intersection, (b) Denied as stated. To the contrary, Christopher Folk was improperly passing vehicles on the right and collided with the vehicle operated by the Defendant. (c) Denied as stated. It is admitted that Defendant was motioned to make the turn by another driver who had stopped at the intersection, It is denied that the directions of the other driver were careless, reckless or negligent, (d) Denied. This allegation represents a conclusion of law to which no reply is required. (e) Denied. To the contrary, Defendant did stop at the stop sign. (t) Denied, To the contrary, Plaintiffs vehicle struck Defendant's vehicle. (g) Denied as stated, It is admitted that Defendant was unable to avoid Plaintiffs vehicle because of the negligence of the Christopher Folk, (h) Denied. To the contrary, Defendant did have his vehicle under reasonable control, (i) Denied as stated, It is admitted that Defendant was unable to apply his brakes in time to prevent the accident. This was due to the negligent driving of Christopher Folk. 9, Denied, It is denied that the Defendant was careless. reckless or negligent. Further, it is denied that the fair market value of Plaintiffs vehicle was $3,800,00, WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed without cost to him. NEW MA ITER 10, This accident and the resulting damage to Plaintiffs vehicle were due to the negligent driving of Christopher Folk in passing stopped vehicles on the right without exercising due care or doing so safely. I I \ I I I I I I I CERTIFICATE OF SERVICE I, JEFFREY B, RE'ITlG, ESQUIRE. hereby certify that 1 have served a true and correct copy of the foregoing Answer with New MaUer, on the following person(s) by placing same in the United States mail, postage prepaid, on the 4- day of , 1994: Gregory R. Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 mOMAS, mOMAS & HAFER By: -=r en - ,;: ,.- :;'~ <=> .or r- M '" "" :~ ;:." ......, c a. ~ ~ ti ~~~m~ I:l 1! !Z g: ~ ~ _ ~ >< d ~ ....... 0 a: ~ E~~~ ~ 2i a; ~ ~ ~ ~ ~ ~ M . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, . CIVIL ACTION - LAW . plaintiff . . . . v. . NO. 94-2638 . . . RICHARD J. ZEIDERS, SR. , . . Defendant . . REPLY TO NEW HATTER AND NOW, comes the Plaintiff, Barry S. Folk, by and through his attorney, Gregory R. Reed, Esquire and replies to Defendant's New Matter as follows: 10. Allegation of negligence on the part of Christopher Folk is a conclusion of law to which no responsive pleading is required. In the alternative, Christopher Folk, at all times relevant, exercised due and appropriate care and drove the vehicle in question safely. WHEREFORE, plaintiff requests a judgment in favor of the f_aintiff and against the Defendant. Date: ~ ::;'~t'/o/ .&~fESqUire 2423 North Third street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I.D, No. 23705 , . CERTIFICATE OF SERVICE AND NOW, this ~1~ day of June, 1994, I, Gregory R. Reed, Esquire, Attorney for Plaintiff, do hereby certify that I have served by first class mail, a copy of the attached Reply To New Matter this day to the following address: Jeffrey B. Rettig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ~~d' Esquire 2423 North Third street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I.D. 23705 -g:, ~,~ ;I- >1'-; ~ t-" ~; '.>1" . ........ ,.,',- ,... en ,~{:,l o ,:""'l . . .,,) "";'.;') ~-..,J "" "" ......., ;~ ~~ ~ I c ~~~ . ~ !ll ~ Ii-I t;~ ~ II mw< . l!i ~~~ ~~I ~~ > ~ ia:~~! ~r~ ~~ g O~%~~ ~ ~~ , ~ ~Oli: ;: . Ij ~ :55l!illi;; III ~ a:...::> ~ ~; I c:lNCD .., III N- a: a: ~ <( % , . SHERIFF'S REWRN C<M-lONWEAL'Ili OF PENNSYLVANIA: COlJNI'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2638 Civil Term Writ to Joined An Additional Defendant Barry S. Folk VS Richard J. Zeiders. Sr. VS Christopher Folk Timothy Reitz . ~iI~lSiI Deputy Sheriff of Cunberland County. Pennsylvania. who being duly sworn according to law, says, that he served the within Writ to Joined An Additional Defendant upon Christopher Folk . the defendant. at 10:25 o'clock A .M. ~ / EDST. on the day of Ju1v 05 , 19....2.!at 13 Merino Lane. Mechanicsburq . Cunberland Coun ty , Pennsylvania. by handing to Christopher Folk a true and attested copy of the Writ to Joined An,.Additional Defendant and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So ans~~ ~ 14.00 7.28 2.00 23.28 Pd; by Atty. 7-06-94 R. Thomas K1~ne. Sheriff by ~.~~jtf Deputy Sher'H Sworn and subscribed to before rre this ~ ~ day of 9. '> 19 9v A.D. 9t..... C 'Jvr..i". Prothonotary .~~. I '.' v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW NO,94-2638 (!.'.,:/ -r.-.. r- JURY TRIAL DEMANDED BARRY S, FOLK, Plaintiff, RICHARD J. ZEIDERS, SR" Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned counsel on behalf of the Defendant in the above-captioned action, Respectfully submitted, THOMAS, THOMAS & HAFER DATE: ~/ 7/qr Attorneys for Defendant ., CERTIFICATE OF SERVICE I, JEFFREY B, RETrIG, ESQUIRE, hereby cenify that I have served a true and correct copy of the foregoing Entry of Appearance, on the following rson(s) by placing same in the . United States mail, postage prepaid, on the 7 day of ( , 1994: Gregory R, Reed, Esquire 2423 Nonh Third Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER .... ' '- CERTIFICATE OF SERVICB AND NOW, this lot I-- day of .4u~,^11- u , 1994, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Additional Defendant Christopher Folk, hereby certify that I served the within Praecipe for Entry of Appearance this day by depositing the same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Gregory R. Reed, Esquire 2423 North Third street Harrisburg, PA 17110 , Jeffrey B. Rettig, Esquire Thomas, Thomas & Hafer 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 - ;..'_..l ~-&<..L--/--"_ / / Clark DeVere ..... >-... "'~ ~z.., ......C' 2-::7;; u=::c:.....:t i: ~.::.:, .~;,- r.,\~ ".:<,~ Jl"iU ,-i>. '::> "'0 c' ~ en - ::c: 0- cr> '=> N G:I :::> -=< ~ .. ~ -- RULB TO FILB A COMPLAINT TO: Richard J. Zeiders, Sr. c/oJeffrey B. Rettig, Esquire Thomas, Thomas & Hafer 3 o~:, North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 You' are hereby directed to file a Complaint in the above entitl~matter within twenty (20) days of service of this rule or ....:..--... non pros will be entered against you. ~ll.l~~ 'Y}1. &?Ju), ~ . Pr thonotary Lawrence' E. W ker Dated: ~9n.Ltt' 10 1991{ .",. c-, . :IC a- N Q >-... "'.- ~~-.I wt,"Oi: ~:r'U..t .....0 '. ."ro- . ...... .1". i:: O..slr. ~, . -J or.: '~:L'''~z. . i""U o..J LC%)~ ,.~ :L ::> '-u '" ~ ..,. => .... . THOMAS, THOMAS & HAFER BY: Jeffrey B. Rettig, Esquire IOENTIFICA TION NO.: 19616 305 North Fronl Stroot P.O. Box 999 Herri.burg. PA 17108.0999 (7171255.7839 Attorneys for Defendants BARRY S. FOLK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD J. ZEIDERS, SR., NO. 2638 CIVIL 1994 Defendant v. CIVIL ACTION - LAW CHRISTOPHER FOLK, Additional Defendant JURY TRIAL DEMANDED DEFENDANT'S COMPLAINT JOINING CHRISTOPHER FOLK AS AN ADDITIONAL DEFENDANT AND NOW, comes the Defendant, Richard J. Zeiders, Sr., by and through his attorneys, Thomas, Thomas & Hafer, and brings this Complaint against Additional Defendant, Christopher Folk, based upon the following considerations: 1. The Plaintiff in this case is Barry S. Folk, an adult individual who resides at 13 Merino Lane, Mechanicsburg, Pennsylvania. 2. The Defendant, Richard J. zeiders, Sr., is an adult individual who resides at 257 Juniper Drive, Etters, Pennsylvania. 3. The Additional Defendant, Christopher Folk, is an individual who resides at 13 Merino Lane, Mechanicsburg, Pennsylvania. 4. Plaintiff brought this action by filing a Complaint on May 23, 1994, alleging that the Defendant's negligence caused property damage to the Plaintiff's vehicle in the amount of $3800. A copy of the Plaintiff's Complaint is attached hereto and marked Exhibit "A." 5. Defendant filed an Answer to Plaintiff's Complaint denying liability on June 27, 1994. A copy of Defendant's Answer with New Matter is attached hereto and marked Exhibit "B." 6. At all times pertinent to the cause of action alleged in Plaintiff's Complaint, Additional Defendant was the operator of Plaintiff's 1988 Chevrolet Nova. 7. Immediately before the collision alleged in Plaintiff's Complaint, the Additional Defendant attempted to pass stopped traffic heading northbound on Lisburn Road by maneuvering his vehicle onto the shoulder of Lisburn Road and entering the intersection of Lisburn Road and Slate Hill Road. 8. All of the damages alleged in the Plaintiff's Complaint were caused by the negligence and carelessness of the Additional Defendant, said negligence and carelessness consisting of the following: (a) Overtaking a vehicle or vehicles on the right when such maneuver could not be safely made in violation of 75 Pa.C.S. S 3304(b); (b) Operating the Plaintiff I s motor vehicle at an unsafe speed; - 2 - (c) Failing to apply the brakes in time to avoid the collision with Defendant's vehicle; (d) Failing to avoid the collision with Defendant's vehicle; (e) Failing to recognize that his attempted passing maneuver could not be executed safely; and (f) Failing to pay attention to the traffic conditions existing at the time of the accident. 9. All of the injuries alleged in Plaintiff's complaint were the direct and proximate result of Additional Defendant's negligence and carelessness. 10. The Additional Defendant is solely liable for all of the injuries ana damages alleged in the Plaintiff's Complaint. WHEREFORE, in the event the Defendant is found liable for any of the injuries or damages alleged in plaintiff's Complaint, which liability is expressly denied, then the Additional Defendant, Christopher Folk, is solely liable to the plaintiff, liable over to the Defendant on Plaintiff's claims, or liable to the Defendant for contribution andlor indemnification. THOMAS, THOMAS & HAFER DATE: Jojl!j'fY J f .D 305 P.O. Box 999 Harrisburg, PA 1710B-0999 (717) 255-7639 Attorneys for Defendant k3 Rettl.g, qUl.re B Street CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing DEFENDANT'S COMPLAINT JOINING CHRISXOPHER FOLK AS AN ADDITIONAL DEFENDANT on the following person by placing same in the United States mail, postage prepaid, on the ~day of October, 1994: Gregory R. Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 Attorneys for Plaintiff Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 111 Market Street P.O. Box 93 Harrisburg, PA 17108-0093 Attorneys for Additional Defendant THOMAS, THOMAS & HAFER g, Esqul.re IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, plaintiff CIVIL ACTION - LAW v. NO. Cl/ -~~jd :"':t.A-'A L.J~ RICHARD J. ZEIDERS, SR., Defendant JURY TRIAL DEMANDED NOTICE TO DEF~ND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish ~o defend against the claims set =orth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a ..otritten 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 t~at if you =ail to do so the case may proceed .....ithout:.::..you and a judgment ;nay 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 Defendant. You rnay lose money or property or other rights important to you. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOC DO; NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE~THK OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HE'tP. ~': ~ Court Administrator 4t:.h Fl., cumberland county Courthouse Carlisle, pennsylvnaia 17013 (717) 240-6200 - . C~ - -, ...- - , ::-~ '-'" NOTICIA Le han demaandado a usted en la corte. si usted cruieie defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la ;:: demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma .escrita sus defensas 0 sus objections alas demandas en contra de su persona. Sea ayisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y port cualquier queja 0 alivio que es pedido e-n-la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. TRUE COPY FROM RECORD In Testfmony whereof. I here lIIlto set my hand and the t Gf sa C at c.rllsIe~ ~ I. Th day 1~ ; DEFENDANT'S l~ LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SEVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCOENTRA ESCRITA ABAJO PARA AVERIGOAR DONDE SE PUEDE CONSEGOIR ASISTENCIA LEGAL. Court Administrator 4th Fl., Cumberland county Courthouse Carlisle, pennsylvnaia 17013 (717) 240-6200 Da te: -:n::1 ~ ft~/ c' {j /~,lffL/ , I ~~ Gregory R;- Reed, Esqu~re 2~3 North Third Street Harrisburg, Pennsylvania 17110 (717) 238-0434 Attorney I. D. No. 23705 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, Plaintiff CIVIL ACTION - LAW v. NO. RICHARD J. ZEIDERS, SR., Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Barry s. Folk, is an adult individual residing at 13 Merino Lane, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania (hereinafter referred to as "Plaintiff"). 2. Defendant, Richard J. Zeiders, Sr., is an adult individual residing at 257 Juniper Drive, Etters, York County, Pennsylvania (hereinafter referred to as "Defendant"). 3. At all times relevant herein Christopher Folk, son of Plaintiff, was the operator of a 1988 Chevrolet Nova automobile owned by Plaintiff. 4. Christopher Folk was operating said vehicle with the permission and consent of Plaintiff. 5. At all times relevant herein Defendant was the operator of a 1989 Ford Escort owned by Diane E. Zeiders of 257 Juniper Drive, Etters, York County, Pennsylvania. 6. On March 25, 1994 at approximately 7:30 a.m. Christopher Folk was heading North or Northeast on Lisburn Road in Lower Allen Township, Cumberland County, Pennsylvania in Plaintiff's vehicle. 7. He entered the intersection of Lisburn Road and Slate Hill Road when Defendant drove the 1989 Ford Escort from behind the stop sign on Slate Hill Road into the pathway of Plaintiff's vehicle causing the vehicles to collide. 8. The aforesaid collision and resulting damages were caused solely by the carelessness, recklessness and negligence of Defendant in that he: (a) Failed to observed Plaintiff's vehicle in the - west bound lane of Li~burn Road; (b) Drove his vehicle into the path of Plaintiff's vehicle; (c) Followed the careless, reckless, and negligence directions of the unknown driver of a vehicle on Lisburn Road; (d) Failed to yield the right~of-way to west bound through traffic on Lisburn Road and west bound traffic on Lisburn Road waiting to turn North onto Slate Hill Road; and (e) Did not stop at a stop sign; (f) Struck Plaintiff's vehicle; (g) Failed to avoid striking Plaintiff's vehicle; (h) Failed to have his vehicle under control just prior to and during the accident; and (i) Failed to apply his brakes in time to prevent the accident; 9. As a result of the aforesaid carelessness, recklessness and negligence of Defendant, Plaintiff has suffered the total loss of his aforesaid vehicle with a fair market value of $3,800.00 and incurred towing and/or storage costs in the amount of $35.00. WHEREFORE, Plaintiff, Barry S. Folk, demands judgment in the amount of $3,835.00 plus costs and interest against Defendant. Date: ~t"'~~~ ~d~ Gr~gorf R. Re~d; Esquue Attorney for Plaintiff 2423 North Third street Harrisburg, Pennsylvania 17110 (717) 238-0434 '.-.- I, Barry s. Folk, hereby verify that the statements made in the attached Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that if false statements are made herein I am subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authoritief:. ~/~/o.~ Date I I e'VL~!1J 1ft Barry S. Fo \ ._,- sufficient to fonn a belief as to the truth of these allegations and proof thereof is demanded. S. Admitted. 6. Denied as stated. It is admitted that at the time, date and place alleged, Christopher Folk was heading gener.Jly in a liol1herly dirc:ction on Lisburn Road. 7. Denied as stated. It is admitted that Defendant proceeded from SIl\te Hill Road onto Lisburn Road. At that time, Defendant had been waved on by a vehicle stopped for traffic. The vehicle ope,!4ted by Christopher Folk was illegally passing stopped traffic on the right. 8. Denied. It is denied that Defendant was negligent as alleged. (a) Denied. It is denied that Plaintifrs vehicle was in the westbound lane of Lisburn Road. To the contrary, it was passing stopped vehicles on the berm. It is admitted that Defendant did not observe Plaintifrs vehicle because it was obscured by stopped vehicles at the intersection, (b) Denied as stated. To the contrary, Christopher Folk was improperly passing vehicles Oil the right and collided with the vehicle operated by the Defendant. (c) Denied as stated. It is admitted that Defendant was motioned to make the turn by another driver who had stopped al the intersection. It is denied that the directions of the other driver were careless, reckless or negligent. (d) Denied. This allegation represents a conclusion of law to which no reply is required. (e) Denied. To the contrary, Defendant did stop at the stop sign. (f) Denied. To the contrary, Plaintifrs vehicle struck Defendant's vehicle. (g) Denied as stated. It is admitted that Defendant was unable to avoid Plaintifrs vehicle because ol the negligence of the Christopher Folk. (h) Denied. To the contrary, Defendant did have his vehicle under reasonable control. (i) Denied as stated. It is admitted that Defendant was unable to apply his brakes in time to prevent the accident. This was due to the negligent driving of Christopher Folk. 9. Denied. It is denied that the Defendant was careless, reckless or negligent. Further, it is denied that the fair market value of Plaintifrs vehicle was $3,800.00. WHEREFORE, Defendant requests that Plaintifrs Complaint be dismissed without cost to him. NEW MA TIER 10. This accident and the resulting damage to Plaintifrs vehicle were due to the negligent driving of Christopher Folk in passing stopped vehicles on the right without exercising due care or doing so safely. CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Answer with New Malter, on the following person(s) by placing same in 'fI'I the United States mail, postage prepaid, on the :l!i. day of /)fA ,1994: . Gregory R. Reed, Esquire 2423 North Third Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER By: BARRY S. FOLK, . . Plaintiff . . v. . . RICHARD J. ZEIDERS, SR. , . . Defendant : v. . . CHRISTOPHER FOLK, Additional Defendant . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2638 CIVIL 1994 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Jeffrey B. Rettig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB By ft'~_~~ l/- clark DeVere, Esquire Attorneys for Additional Defendant 111 Market Street P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 I.D.# 68768 Dated: /'" -,:J <;"- <i<l BARRY S. FOLK, . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . . v. . . : NO. 2638 CIVIL 1994 RICHARD J. ZEIDERS, SR., Defendant CIVIL ACTION - LAW v. CHRISTOPHER FOLK, Additional Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO DEFENDANT'S ADDITIONAL DEFENDANT COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Additional Defendant is a minor seventeen (17) years of age who will be represented in this action by his guardian, Denise Folk. 4. Plaintiff's Complaint speaks for itself. By way of further answer, it is admitted that Plaintiff brought this action by filing a Complaint on or about May 23, 1994, alleging that Defendant's negligence caused property damage to Plaintiff's vehicle in the amount of thirty-eight hundred dollars ($3,800.00). Denied that alleged damages were the only damages Plaintiff was seeking or that Plaintiff only alleges negligence on the part of Defendant. 5. Admitted that Defendant filed an Answer to Plaintiff's Complaint denying liability on June 27, 1994. Defendant was not liable for Plaintiff's damages. Denied that 6. Admitted. 7. Admitted in part, denied in part. Admitted that immediately before the collision alleged in Plaintiff's Complaint, the Additional Defendant attempted to pass stopped traffic waiting to turn left while the Additional Defendant was heading northbound on Lisburn Road. Denied that Additional Defendant moved his vehicle in any negligent manner. On the contrary, Additional Defendant was passing the stopped traffic safely and within the proper lane of travel. 8. Conclusions of law, no answer required. If an answer is required, paragraph 8 and its subparagraphs are specifically denied and proof thereof is demanded at trial if relevant. On the contrary, the damages alleged in Plaintiff's Complaint were caused by the carelessness, recklessness and negligence of the Defendant. Furthermore, the Additional Defendant was not negligent andlor careless in any regard. The Additional Defendant is advised to aver and therefore avers as follows: (a) The Additional Defendant safely attempted to overtake and pass vehicles to the left of him which were waiting to turn left; (b) The Additional Defendant drove at a safe rate of speed for conditions then and there existing and at a speed in compliance with existing traffic regulations; (c) The Additional Defendant operated his vehicle reasonably under the circumstances then and there existing; - 2 - (d) The Additional Defendant operated his vehicle reasonably under the circumstances then and there existing. By way of further answer, the Defendant had the last clear chance to avoid the accident and chose the risky path; (e) The Additional Defendant attempted to overtake and pass the vehicles to the left of him when it was safe to do so. By way of further answer, Additional Defendant was not required to anticipate the sudden emergency caused by Defendant's negligent operation of his vehicle; and (f) The Additional Defendant was attentive to the traffic conditions existing at the time of the accident. 9. conclusion of law, no answer required. If an answer is required, the averments are specifically denied and proof thereof is demanded at trial if relevant. On the contrary, the injuries alleged in Plaintiff's Complaint were caused directly, proximately and/or substantially by the negligence, carelessness and recklessness of the Defendant as set forth in plaintiff's complaint and in the Additional Defendant's New Matter incorporated herein. 10. Conclusion of law, no answer required. If an answer is required, the averments are specifically denied and proof thereof is demanded at trial if relevant. On the contrary, the Defendant and not the Additional Defendant is liable for all of the injuries and damages alleged in the Plaintiff's Complaint. WHEREFORE, Additional Defendant Christopher Folk in his own right and as represented by his guardian Denise Folk, requests that - 3 - Defendant Richard J. Zeiders, Sr.' s, Additional Defendant Complaint be dismissed and that judgment be entered in favor of Christopher Folk together with the costs of this action. NEW MATTER 11. Paragraphs 1-10 of Additional Defendant's Answer are incorporated herein by reference. 12. The Additional Defendant Complaint fails to state a claim upon which relief can be granted. 13. The accident in issue and Plaintiff's alleged damages were caused directly, proximately and/or substantially by the negligence of Defendant Zeiders in the following particulars: (a) Failing to obey applicable traffic control devices (See, e.g., 75 Pa.C.S.A. 53111); (b) Failing to obey applicable stop signs (See, e.g., 75 Pa.C.S.A. S3323); (c) Moving his vehicle when it was not safe to do so (See, e.g., 75 Pa.C.S.A. S3333); (d) Operating his vehicle at an unsafe speed (See, e.g., 75 Pa.C.S.A. S3361); (e) Operating his vehicle in careless disregard for the safety of persons or property (See, e.g., 75 Pa.C.S.A. 53714); (f) Failing to yield the right-of-way (See, e.g., 75 Pa.C.S.A. S3323); (g) Crossing the roadway when it was not safe to do so; - 4 - (h) Entering the traffic stream when it was not safe to do so; (i) Failing to have his vehicle under adequate control; (j) Failing to make reasonable and prudent observations of conditions then and there existing; (k) Failing to be attentive to conditions then and there existing; (l) Failing to operate his vehicle in a reasonable and prudent manner under the conditions and circumstances then and there existing; (m) Failing to observe the Plaintiff's vehicle; and (n) Failing to take proper or reasonable action to avoid a collision with Plaintiff's vehicle. 14. The causal negligence of Defendant as set forth above is greater than any negligence on the part of Additional Defendant, which negligence is specifically denied, and therefore Defendant's requested relief is barred, in whole or in part, under the Pennsylvania comparative Negligence Act. 15. There was no negligence on the part of Additional Defendant, but if it is found that there was any such negligence, which negligence is expressly denied, any such negligence was not the proximate cause of the Plaintiff's damages. 16. The Additional Defendant was confronted with a sudden emergency caused by Defendant's vehicle and exercised reasonable - 5 - VERIFICATION I, Christopher Folk, hereby certify that the following is correct: The facts set forth in the foregoing Answer with New Matter to Defendant's Additional Defendant Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel andlor others acting on my behalf in this matter. The language of the responsive pleading is that of counsel and not my own. I have read the responsive pleading, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the responsive pleading is that of counsel, I have relied upon such counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid responsive pleading are made subject to the penalties of 4904 lS Pa.C.S.A. relating to unsworn falsification to authorities. ~~, '"icrf.k Cnristopher Folk Dated: October 21, 1994 VERIFICATION I, Denise Folk, hereby certify that the following is correct: I am the mother and guardian of the minor Additional Defendant in this action, and I make this affidavit on his behalf. The facts set forth in the foregoing Answer with New Matter to Defendant's Complaint joining Christopher Folk as an Additional Defendant are based upon information which I and Christopher Folk have furnished to counsel, as well as upon information which has been gathered by counsel andlor others acting on our behalf in this matter. The language of the Answer and New Matter is that of counsel and not our own. We have read the Answer, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Answer with New Matter is that of counsel, we have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter to Defendant's Complaint joining Christopher Folk as an Additional Defendant are made subject to the 4904 penalties of is Pa.C.S.A. relating to unsworn falsification to authorities. /Vi" ()-< -!('{'/;. Denise Folk Dated: October 21, 1994 THOMAS. THOMAS" HAFER ,,., J,ffr.y B. Rllt/II. &qu/r. mENnR~nONNO.: /96/6 30' NM1h F,.", SttHr '.0. .. "' ".",.". M ,7rtMoOt.. tn7111~"3I A ltom.V' for D.f...d...ra BARRY S. FOLK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD J. ZEIDERS, SR., NO. 2638 CIVIL 1994 Defendant v. CIVIL ACTION - LAW CHRISTOPHER FOLK, Additional Defendant JURY TRIAL DEMANDED DEFENDANT'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT AND NOW, comes the Defendant, Richard J. Zeiders, Sr., by and through his attorneys, Thomas, Thomas & Hafer, and answers Additional Defendant's New Matter as follows: 12. This allegation represents a conclusion of law to which no reply is required. 13. It is denied that the Plaintiff's alleged damages were caused by the negligence of Defendant Zeid9rs. (a)-(n). Denied. 14-19. These paragraphs contain conclusions of law to which no reply is required. WHEREFORE, in the event the Defendant is found liable for any of the injuries or damages alleged in the Plaintiff's Complaint, which liability is expressly denied, then the Additional Defendant, Christopher Folk, is solely liable to the Plaintiff, liable over to the Defendant on Plaintiff's claims or liable to the Defendant for contribution and/or indemnification. THOMAS, THOMAS , HAJ'BR f rey B. Rett re .D.#19616 305 North Front street P.O. Box 999 Harrisburg, PA 17108-0999 (71n 255-7639 Attorneys for Defendant DATE: II/Jrl!lil/ VERIFICATION I, Jeffrey B. Rettig, attorney for Defendant in the foregoing, have read the foregoing document and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements to which I have personal knowledge, information and belief are true and correct and that false statements made therein may subject me to the penalties of lS Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. The information as to matters not stated upon my own personal knowledge, information and belief has been provided to me by Defendant. DATE: 1//2--197 Esquire THOMAS. THOMAS" HAFER ,Y: J,ffrey B. Rettig. &qui,. IDINTlRCATIONNO.' /96/6 '"NoItIt".",...., ',0. 11M .11 twri.... M "'~" ''''1 ".,u, A tt.rney. f., O,fond..." BARRY S. FOLK, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD J. ZEIDERS, SR., NO. 2638 CIVIL 1994 Defendant v. CIVIL ACTION - LAW CHRISTOPHER FOLK, Additional Defendant JURY TRIAL DEMANDED PRAECIPE Please substitute the attached original Verification of Richard J. Zeiders, Sr. for the Attorney Verification of Jeffrey B. Rettig, Esquire, and append it to Defendant's Reply to New Matter of Additional Defendant, mailed to the Court for filing on November 21, 1994. THOMAS, THOMAS , HAFER ffrey B. Rett re .D.#19616 05 North Front P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639 DATE: IJ7/1/q( Attorneys for Defendant ~ CERTIFICATE OF SBRVICE I, Jeffrey B. Rettig, Esquire, of Thomas, Thomas & Hafer, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United states mail, postage prepaid, on the 29 day of November, 1994: Gregory R. Reed, Esquire 2423 North Third street Harrisburg, PA 17110 Attorneys for Plaintiff Clark DeVere, Esquire METZGER, WICKERSHAM, KNAUSS , ERD 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 Attorneys for Additional Defendant THOMAS, THOMAS , HAFBR -::r .", ~~ - - "" r -~ .' -'" .C,;-. 0 , -::r c=> c""' . ~ "" < = k ~ ~ Ii ~<:..i ~ 11 ~ t ,s ~~ ~ . .. '" '" III ~ 0 '" Ch f3: .. .. . ~ (J) ~ a: )( ,,~ .. 0 II: :J: III :J :r 0 m o Q; it Z II: Ul <( o :J: ... 5/tf/f'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA BARRY S. FOLK, . civil Action - Law . Plaintiff . . . . v. . No. 2638 civil 1994 . . . RICHARD J. ZEIDERS, SR. , . . Defendant : . . v. . . . . CHRISTOPHER FOLK, . . Additional Defendant . . PRAECIPE Lt(lUV~I1C e E. vJtlkel'" TO: StepaeB E. FariBa; Prothonotary Please mark the above captioned action "discontinued, settled , and satisfied." ~') 'u Date: \/~ ~ /'19..5" ~Esquir. 2423 North Third street Harrisburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 pc: Clark DeVere, Esquire Jeffrey B. Rettig, Esquire fJ') '?' = c:.... ,., N ("Y") ~ "," ...'- 1-'" t~l,.l:..,~t ~~L:;r ~.'"::O;: .. J ~_. "7-.J . -. .~- I .0.1' .<-,:::~ . ,~1 L.J ';:-' ,~ ::: rul4J t.::1,'~ " ::> ,:)t...:o (T) C"o.J 2: ~