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3.
On the evening of October 22, 1993, the Plaintiff, Edward L. Ginter was operating his
1990 Ford Tempo southbound on PA Route 465, which is also known as the Walnut Bottom
Road, situate in South Middleton Township.
4.
The Plaintiff, Mr. Ginter turned on his left turn signal to indicate his intention to make a
left hand turn onto Garland Drive.
5.
As Mr. Ginter was making the left hand turn onto Garland Drive, at approximately 10:30
P.M., his automobile was struck by a vehicle driven by Defendant, Robert S. Eppley, Jr.
6.
Defendant, Robert S. Eppley, Jr. was operating a 1986 Pontiac Grand AM and was
traveling northbound on said Walnut BDttom Road without his headlights being illuminated. The
automobile was owned by Defendant, S. Scott Eppley.
7.
Without warning and without his headlights being turned on, the Defendant Robert S.
Eppley, Jr. struck the automobile driven by Plaintiff in the right rear of said Plaintiff's automobile.
2
8.
The force of the impact caused severe damage to vehicle of the Plaintiff and personal
injury to the Plaintiff.
9.
The sold and proximate cause of the accident was the negligent conduct of the Defendant,
Robert S. Eppley, Jr.
10.
At the time of the accident the road was clear and dry and there was complete darkness.
11.
The conduct of the Defendant, Robert S. Eppley, Jr., which caused the personal injuries of
the Plaintiff as well as the property damage to his automobile was as follows:
a. The Defendant failed to maintain proper attention to the road and avoid
striking the Plaintiff's automobile;
b. The Defendant was traveling too fast for the condition of the highway at the
time;
3
14.
The Plaintiff also sustained the expenses of towing and car rental expenses in excess of
Five Hundred and no/IOO ($500.00) Dollars.
IS.
In additiDn the Plaintiff sustained serious persDnal injuries to his chest, back, sternum,
head and neck. He required immediate hospitalization for said injuries. At the time of the
accident, the Plaintiff was wearing his seat belt.
16.
As a result of the injuries he sustained the Plaintiff has experienced significant and severe
pain and suffering from all his injuries. The most severe pain was caused by the broken sternum.
17.
The injuries sustained by the Plaintiff have been serious and permanent and have severely
limited the ability of the Plaintiff to walk, sit, stand or sleep comfortably since the date of the
accident. The pain and suffering created by his injuries has continued from the date of the
accident and said pain and suffering will continue indefinitely.
5
~~/g~~
EDWARD L. GINTER
VERIFICATION
The foregoing Complaint is based upon infonnation which has been gathered by my
counsel and myself in the preparation of this action. The language of the Complaint may in part
be the language of my counsel and nDt my own. I have read the statements made in this
Complaint and to the eX1ent that it is based upon infonnation which I have given to my counsel, it
is true and correct to the best of my knowledge. infonnation and belief. To the eX1ent that the
contents of the statements are that of counsel, I have relied upon counsel in making this
verification. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsilicatiDn to authorities.
Date: February8, 1995
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-695 CIVIL TERM
JURY TRIAL DEMANDED
EDWARD L. GINTER,
plaintiff
ROBERT S. EPPLEY, JR. and
R. SCOTT EPPLEY,
Defendants
PRAECIPE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Defendants, Robert S.
Eppley, Jr. and R. Scott Eppley, in the within captioned action.
To LAWRENCE E. WELKER, prothonotary
February 21, 1995
LANDIS, BLACK & SCHORPP
BY'~~~
Edward L. Schorpp
Attorney for Defendants
.'
EDWARD L. GINTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
ROBERT S. EPPLEY, JR. and
R. SCOTT EPPLEY,
DEFENDANTS
95-695 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED
NEW MATTER
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
LANDIS, BLACK & SCHORPP
Date: ~~/~ I ~ 19'9S-
BY:~~~
Edward L. Schorpp, squire
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
EDWARD L. GINTER, IN THE COURT OF COMMON PLEAS
PLAINTIFF . CUMBERLAND COUNTY,
.
. PENNSYLVANIA
.
v. .
.
.
.
ROBERT S. EPPLEY, JR. and . 95-695 CIVIL TERM
.
R. SCOTT EPPLEY, . CIVIL ACTION - LAW
.
DEFENDANTS . JURY TRIAL DEMANDED
.
ANSWER WITH NEW MATTER
AND NOW come the defendants, Robert S. Eppley, Jr. and R.
Scott Eppley, by and through their attorneys, Landis, Black &
Schorpp, who answer the complaint of plaintiff as follows:
1.-11.
The averments of these paragraphs are denied
pursuant to Pa.R.C.P. 1029(e)(1).
12. Denied. It is denied that R. Scott Eppley, as owner of
the automobile, failed to exercise proper control of his son,
Robert S. Eppley, Jr., to whom he gave permission to operate the
automobile. On the contrary, although defendant Robert S.
Eppley, Jr., had permission of the owner to operate the vehicle,
his father, defendant R. Scott Eppley, exercised reasonable
judgment and proper control at all times relevant herein. prior
to and at the time of the accident alleged in plaintiff'S
complaint, defendant son was always a careful and prudent driver,
which fact was known to defendant father. At the time of the
accident defendant son was operating the automobile solely for
his own pleasure and was not in furtherance of any business of
his father at any time relevant herein. Defendant R. Scott
Eppley denies any responsibility whatsoever for any alleged
damages sustained by plaintiff. Defendant R. Scott Eppley acted
properly at all times relevant hereto.
13.-18. The averments of these paragraphs are denied
pursuant to Pa.R.C.P. 1029(e)(1).
WlIEREFORE, defendants demand that plaintiff's complaint be
dismissed and that judgment be entered in their favor.
NEW MATTER
19. At the time of the accident alleged in plaintiff's
complaint, and at all relevant times herein, plaintiff was
covered under a motor vehicle insurance policy with National
Grange Mutual Ins. Co. wherein plaintiff had consciously and
knowingly elected the limited tort option as set forth in the
Pennsylvania Motor Vehicle Financial Responsibility LaW, 53
Pa.C.S.A. S1705(d); a copy of the renewal declaration for the
policy year subsequent to the date of the accident is attached
hereto as Exhibit "A" and incorporated herein; it is believed,
and therefore averred, that the renewal declaration attached is
essentially similar to the coverages in effect at the time of the
alleged accident.
20. Plaintiff is precluded from maintaining an action for
any non-economic loss as he did not sustain a serious injury.
21. No other exception to the limited tort election is
available to plaintiff in the within case.
VERIFICATION
I verifY that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made sUbject to the penalties of 18 Pa.C.S.A. 54904,
relating to unsworn falsification to
Robert S. Epp
Dated: OY - 14 -Cl5
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. 14904,
relating to unsworn falsification to authorities.
~i.L~~~
R. Scott pp ey
Dated:
OL\-It..\.C\S-
EDWARD L. GINTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
.
.
ROBERT S. EPPLEY, JR. and
R. SCOTT EPPLEY,
DEFENDANTS
95-695 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, EDWARD L. SCHORPP, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing NEW MATTER to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Marcus A. McKnight, III, Esq.
Irwin, McKnight & Hughes
60 West Pomfret Street
carlisle, PA 17013-3222
BY:~~~
Edward L. Scho p, E q.
LANDIS, BLACK & SCHORPP
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
Date:
/p~/~ /"_I99-...s-
. ,
EDWARD L GINTER,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
95-695 CIVIL TERM
ROBERT S. EPPLEY, JR.,
and R. SCOTI EPPLEY,
DEFENDANTS
JURY TRIAL DEMANDED
ANSWER TO NEW MAlTER
AND NOW, this 25th day of April, 1995, comes the plaintiff, EDWARD L GINTER,
by his attDmeys IRWIN, McKNIGHT & HUGHES and makes the following Answer to the
New Matter of the Defendants, Robert S. Eppley, Jr,;
19.
It is admitted that the plaintiff was insured by National Grange Mutual Insurance
CDmpany and that he had elected the limited tort option.
20.
It is specifically denied that the plaintiff is precluded from recovery of his non-economic
losses since the plaintiff, Edward L. Ginter, sustained serious and permanent injuries in the
automobile accident caused by the negligence of the defendants.
21.
It is specifically denied that the plaintiff does not fit within the language of act and policy
which permits the recovery of damages for injuries which are serious in nature.
'.
WHEREFORE, the plaintiff demands damages from the defendant in excess of Twenty-
Five Thousand and no/100 ($25,000.00) Dollars.
Respectfully submitted,
Attorney for the Plaintiff,
Edward L. Ginter
Date: April 25, 1995
2
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DWARD L. G~TER
}'ERIFICATION
The foregoing Answer to New Matter is based upon information which has been gathered
by my counsel and myself in the preparation of this document. The language of the Answer may
in part be the language of my counsel and not my own. I have read the statements made in this
Answer and to the extent that they are based upon information which I have given to my counsel,
they are true and correct to the best of my knowledge, information and belief. To the extent that
the contents of the statement are that of counsel, I have relied upon counsel in making this
verification. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A Section 4904, relating to unsworn falsification to authorities.
Date: April 25, 1995
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewrllten and submllled In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
(Check one)
Please list the following case:
( x ) for JURY trial at the next term of civil court.
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( ) for trial without a Jury.
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........----........--.--.............................-.........................--..--....-....................-...............-.....c;----.........
CAPTION OF CASE
(entire caption must be stated In full)
EDWARD L. GINTER
(.i.>
(check one)
-
LL'
IJ1
Assumpsit
Trespass
( x) Trespass (Motor Vehicle)
( )
(other)
(Plaintiff)
vs.
ROBERT S. EPPLEY
R. SCOTl' EPPLEY
The trial list will be called on
and August 15, 1995
Trials commence on September 18. 1995
(Defendant)
Pretrials will be held on ADinA!: ", 1 QQ~
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel.
pursuant to local Rule 214.1.)
vs.
No. ___ Civil 95-695
19__
Indicate the attorney who will try case for the party who flies this praecipe:
Marcua A. McKnight, III, Esquire
Indicate trial counsel for other parties If known:
Edward L. Schorpp, Eaquire, for Defendant
This case Is ready for trial.
T1T
Signed:
Dale: Mav 23. 1995
Attorney for: _~pintH.f....M."ard L. G1n!!rr.
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