HomeMy WebLinkAbout94-07111
SR-ERIFF'S.OFFICE
50 NORTH DUI<E STAEE T. LANCASTER, PENNSYLVANIA 17602 '11111 299.8200
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Gary L.
3 OEFE NOAN T' 51
Blose
INSTRUCTIONS FOR SF.RVlCE OF PROCESS on Ihe rlYOf'. ot the lul (No. ~
5) copy 01 thut torm PINt. f)'pe or prinlltgibly. 00 nol ~h '''Y oopiel. tn
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J COWH '~UMu[n
94-7111 Civil Term ~
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4 TYPE Of wnlT or~ COMPLAINT
'tl
Summons ~
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
PLAINTlFf/SI
Wendell
SERVE {
~ Wendell S. Esbenshade
.. 6 ADOAiSS ISIIttol or AFD. Ap,H1fTlonl No, Clly, UlHO, fwp, St.lh! and liP Gmhl)
AT 662 South Kinzer Ave.. New Bolland, PA 17';57
7. INDICATE UNUSUAL SERVICE I l COMMON OF PA }e DEPU filE I.] OTHER Cumbe r 1 ann
Now, Dec.- 22 192...4._ ,I, SHERIFf O~K~IlR COUNTY, PA., do' hereby d.epulilo Ihe SherlU 2.4
T An,."" ~..r Counly to execule Ihis Writ and mu~e ,eturn thereol aC~dl<f~.
to law. This depulallon being made at the requesl and risk ollhe plalnllU. .,.;~:, '"'' ,;..,;~;,.v....;::,"~;~~ F .:-' -- y
...sPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITING SERVICE, Cumbe r land
S. Esbenshade
5 NAME OF INDIVIDUAl. COMPA.NY. COI1PonATION, "ff,::Ti)TfE-iilIlVEfJ -~..__.__.-.__.
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NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.8, WAIVER OF WATCHMAN - Any depuly shenlf levymg upon or allachmg OilY plOperty under
within writ may leave sarno without a walchman, in cuslody 01 whome...er is laund in possession. alter nOlllY100 person olle...y or attachment, Without liabilIty on
th, part 01 such deputy or the sherllllo any plainllll herein lor any loss. deslrucllon or rema...al 01 any such property bolore shaull's salo thereol
g, IIGNATURE 01 ATTORNEY or olharORIGINATOR AT CONNELLY. REID & S ~DWLEPHONE NUMBER 11.0ATE
John F. Lyons PDB 963. HARRISBURG PA 17108 717-238-4776 12-2;'-94
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thl. .r.. mUlt b, completed It notice I, 10 ba mailed)
CUMBERLAND CO SHERIFF PAID ADVANCE COSTS
13.1 aCknowledge recelpl of the writ I
Or complaint as Indicated abo...e,
NAME at Aulhorlzod lCSD Deputy or Clmk
JUDY MORRIS 295 3609
DO NOT WRITE BELOW THIS LINE
14_ Dole Aocei...ed 15 Explralion/Heanng date
1 /27/94 1/19/95
,
'SPACE BELOW FOR USE OF SHERIFF ONLY
18.1 hereby CERTIFY and RETURN that 10 have personally sorvad,lJ h.....elogal e...ldonce 01 servIce as shown In "Remarks", [J ha...o executed as shown in
"R.marka~, the wrllor complaint do:w:nbed on lho mdl...lduat, company, corporation, elc, at lho addle5s shown abo...e or on the IndiVidual, company, cor.
porallon, etc., allho address inserted below b)' hAndmg 8 TRUE and AnESTED COPY thereol
17,01 hereby certllv and relurn a NOT FOUND because I am unable 10 locate the ind....ldual, company, corporation, ele" named abo...s. ISeo remarks below)
18, Name and tille or indl...ldual served (.1 not shown above) (Relalionshlp 10 Delendanl) 19 ApersonohUllat)le..guntJdlscrellon
Ihen re,.dlng. Inthe delendanl'susuel
pl.C8 oloboda r1
21. Dolo 01 SOrYICO 22. Time
20. Address of where served lcomptelo onlv II dillerontthan shown abo...ellStreot or RFD. Aparlment NO,Clly, 80ro, TWIJ
State and Zip Code)
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23. ATTEMPTS
100.00
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30. REMARKS:
31. AFFIRMED and SUbSCfl~ to belore me lhis c.l'j
3<. day 01 AitJ'lntOr" 19?5(
31 ,."";2~,,,,oc
MY COMMISSION EXPIRES ~
38. I ACKNOWLEDGE RECEIPT OF HiE SHERIFF'-S RETURN StGNATURE I
OF AUTHQAIlED ISSUING AUTHORITY AND TITLf:
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6. At all times relevant hereto, at the same location, as the Defendant's automobile
approached the intersection of Williams Grove Road and Lisbum Road, Defendant was operating
Defendant's automobile in a negligent, careless and reckless manner so as to cause his vehicle
to suddenly and unexpectedly cross into the path of Plaintifrs vehicle, resulting in a violent
collision of Plaintifrs vehicle with Defendant's vehicle.
7. The negligence, carelessness and recklessness of the Defendant consisted of the
following:
(a) Operating Defendant Esbenshade's automobile at a high and excessive rate of
speed under the circumstances;
(b) Failing to maintain Defendant Esbenshade's automobile under proper and
adequate control at the time;
(c) Failing to stop for a properly posted stop sign controlling the intersection of
Lisbum Road with Williams Grove Road before entering into lite westbound lanes
of travel Df the thrDugh highway, Williams Grove Road;
(d) Failing to stop and determine if it was safe to proceed across the westbound lane
of Williams Grove Road, which had the right.of-way over vehicles travelling on
Lisbum Road;
(e) Operating Defendant Esbenshade's automobile in such a manner as to collide with
Plaintifrs vehicle or cause Plaintiff to be unable to avoid collision with Defendant
Esbenshade's vehicle;
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(I) Failing to obey the instructions of a properly placed, applicable
official traffic control device;
(g) Failing to yield preferential right-of-way to through traffic at an
intersection as indicated by the presence of a stop sign;
(h) Failing to stop at a clearly marked stop line or at a point nearest
the intersecting roadway where the Defendant had a view of
approaching traffic in the intersecting roadway before entering the
intersection;
(i) Alternatively, if having stopped, failing to yield the right-of-way
to Plaintiffs vehicle in the intersection or as it was approaching
the Intersection on another roadway so closely as to constitute a
hazard during the time when Defendant's vehicle was moving
across or within the intersection or junction of the roadway;
0) Operating Defendant Esbenshade's automobile without due regard for the rights,
safety, well being and position of Plaintiff under the aforesaid circumstances;
(1<) Operating Defendant Esbenshade's automobile in violation of the ordinances of
Monroe Township, Cumberl~nd County and the statutes of the Commonwealth
of Pennsylvania pertaining to the operation of motor vehicles on the pUblic
highways, which conduct constitutes negligence as a manner of law; and,
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(I) Such other acts of negligence, carelessness and recklessness as may be determined
through the process of discovery and/or trial.
8. Plai'ltiff belleves and therefore avers that Plair tiff elected the limited tort option
under the MDtor Vehicle Financial Responsibility Law.
9. As a direct and proximate result of the collision and Defendant's negligent and
reckless conduct, Plaintiff was thrown violelllly against the interior of his automobile and
sustained severe and serious injuries to the muscles, blood vessels, nerves, tendons, connective
tissues, skin, bones and Drgans of his body, including but not limited to severe strain to his
cervical vertebrae and contiguous SDft tissue, severe strain and sprain to his lumbar spine:
possible ruptured disc at 1.5-5 I; bruising and contusions to his right shoulder area; pain,
soreness and spasm in the right trapezius muscle and left thrombordal area; sciatic nerve
problem in the lower spine and right leg; and, aggravation of prior existing, asymptomatic
degenerative disc disease in his low back,
10. The injuries sustained by Plaintiff, as set forth above, are serious injuries in that
they are permanent and have resulted in serious impairment of bodily functions such as his
abilities to walk, bend, lift, pull and sit for prolonged periods of time.
11. As a direct and proximate result of the collision and the Defendant's negligent and
reckless cDnduct, Plaintiff has suffered and will suffer in the future, great pain, agony,
embarrassment, humiliation and inconvenience.
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6_ It is admitted that Defendant was negligent in failing to
observe a posted stop sign. It is further admitted that
Plaintiff's and Defendant's vehicles collided at the location
alleged. The balance of the allegations are denied.
7. Defendant's negligence is admitted. Allegations of
carelessness and recklessness are denied.
(a) Denied;
(b) Denied;
(c)-(h) It is admitted that Defendant failed to heed a
posted stop sign controlling the Lisburn and Williamsgrove
Roads intersection. It is admitted that Defendant's vehicle
did not yield the right of way to Plaintiff's vehicle. As to
whether Plaintiff was unable to avoid the collision due to
Defendant's conduct, whether Plaintiff had "preferential"
right of way, after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief
as to the truth of the allegation and proof thereof is
demanded. The balance of the allegations are denied;
(i) Denied; and
(j)-(l) Withdrawn on stipulation of counsel.
8. Admitted.
9. Defendant's negligence is admitted. The allegation of
recklessness is denied. As to the injuries and damages alleged by
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the Plaintiff, after reasonable investigation, Answering Defendant
is without knowledge or information sufficient to form a belief as
to the truth of the allegation and proof thereof is demanded.
10. The allegation that the injuries sustained by the
Plaintiff are "serious injuries" represents a conclusion of law to
which no response is required. As to the nature and the extent of
the injuries sustained by the Plaintiff in the motor vehicle
accident, after reasonable investigation, Answering Defendant is
without knowledge or information sufficient to form a belief as to
the truth of the allegation and proof thereof is demanded.
11-13. Defendant's negligence is admitted. The allegation
of recklessness is denied. As to the balance of the allegations,
after reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the
truth of the allegation and proof thereof is demanded.
WHEREFORE, Defendant respectfully requests that Plaintiff's
Complaint be dismissed without cost to him.
NEW MATTER
14. Plaintiff's claim is subj ect to the provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
15. Plaintiff's recovery is barred or reduced by virtue of
his election of the limited tort option on his automobile insurance
policy,
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investigation, Plaintiff is without sufficicnt information 10 form a bclief as to the truth of the
allegation and specific proof thereof is dcmanded at trial.
18. Denied, The allegation that Plaintiff's injuries and damages may be
attributable to his own inattentiveness is a conclusion of law to which no responsive pleading
is required. To the extent that a responsive pleading is (Ic<:med necessary, it is specifically
denied that it may be attributable cause to any of the damages or injuries suffered by Plaintiff,
SpecificaJly, as aJleged in Plaintiff's Complaint, Defendant, while travelling at a high rate of
speed, failed to stop for a stop sign controlling his lalle of travel at an intersection thereby
causing a collision unavoidable by Plaintiff despite Plaintiff's paying a reasonable degree of
allentivenes.~ under the circumslances,
19. Denied, The allegation that Plaintiff's claims are or may be barred the
Statute of Limitations is a conclusion of law to which no responsive pleading is required. TO
the extent that a responsive pleading is deemed necessary, Plaintiff avers that the instant action
was timely initiated against Defendant within the applicable Statutes of Limitation under the laws
of the Commonwealth of Pennsylvania.
20. Denied. As averred in Plaintiff's Compl.linl, the injuries suffered by
Plaintiff as a result of Defendant's negligence conslitute serious bodily injury_ In addition,
Plaintiff claims economic damages in Ihe Ilature uf loss of future earnings and loss of future
eamings capacity as a result of the injuries which are economic damages and are not excluded
by the limited tort election,