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HomeMy WebLinkAbout95-00820 \ . \ 1 '~ J . , RONIIID STEII'IIRT -------------..--------------------------.----- VI, rn the Court of Common Plcs of Cumberbnd County, Penasyh~ qs - {;d.O .i~r", 95 N,l. ---------......-.---.---1- Civil. 19_..___ 'I:' Iii i:,~ r,. I' ~] 1 ___.____Ji8)_t_Jle.Jt~~JLQU_~.__.__._._.___.__ -------------------------..-------------------- GLENMORE TRIINSPORT -------------------..-----------------..-------- ------..-------------------------------------- _______....._ _..___0 . .. ._.. .. ._.________..___.____._ .______a~Jlt.~l.r_~___._______...__._______________________-----------..----------..-------------..- Please issue a Writ of Summons to the Defendant, Glenmore .- .-. -..-------..---------..---------------------- .-..----------..--- .- -... ...-- ..-----..--..---....-..-..-- Transport, advising them that Plaintiff, Ronald Stowart, has .---.-..------------------------.-..----------------------------------------------------------- ~ommen~ed an action against them. .-------.------.---------------------------------.----------------------------------------------- 0_----------------------------------------------------------------------------------------------- .-------------------------__.__.0___-__---------------------------------------------------------- .___________________________.______________________________.------------.0.___.__0._____---------- To Lawrence E. Welker ------------------------------------------ Prolhoncnary --------------------------- 95 19.____ ~J,t.~<.:::-Jl..llfL.L~:;:.------- .-/ " , f'ru/lces If. Dol Duca Attcr.ley for Plaintiff. February 14 , I ..., .'.~ Commonwealth of Pennsylvania County of Cumberland Ronald Stewart Court oC Conunoll PI.as VI. No, ___~1'i:J!~9_~!yj.,LT€!!!1L___________ ~____ Glenmore Transport 450 Allen Road Carlisle, PA 17013 In 9.1 yg_l~g!:j._~1] _= __f;.fJ'!!_ _ __ _ _ ____ _ ____________ To ___~l~~~~_~~~~~~f~____________________ You are h....by notiCied that .________________________________~9!l~!9_~~t€!~qtl_______________________________________________ the PlaintiCC has comm.nc.d an action in __~~y_~-!:.J}s:j:);.~!:!_:__~~_________________________________ against you which you are required to def."d or a ddault judgm.nt may be .ntered against you. (SEAL) Lawrence E. Welker .------------------P~ih~~~~~------------------ Oat. ____t~E.~~!Y.._!~_tll__________ 19~.?__ \ . (), \Y) ( Dy ___1~J~l~~.:;._,__L__J.:-)k.~0J:JQ_1--Jj!l.-- D.puty -\ I J 1 1 I ~ .S! ~I ~~~ ~ 1 ~ I ~ .... C >'l .... ~ ,> I ~ ~ I ~ ,~ ~iU~ .... ""' 1< u ~ . H M I ii~~ 0 ; rI.l :;j N 1 <Xl ~ .~ I I on U O~~ I 0\ CJ .... " ~ . SHERI FF I S RE'IURN CXM>1OOWEALTI-l OF PENNSYLVNlI/I: caJNTY OF CU>lBERLlIND In The Court of Cannon Pleas of CUnberland County, Pennsylvania No. 95-820 Civil Term Surnnons in Civil IIction Law Ronald Stewart vs Glenmore Transport Michael Barrick , ~XllX Deputy Sheriff of Cumberland County, Pennsylvania, wno being duly swam according to law, says, that he served the within Summons in Civil IIction Law Upon Glenmore Transport , The defendant at 11:20 o'clock /I .M. EST I UJSlI', on tne 17 day of February , 19~ at 1511 Cannerce live., Carlisle ,Cumberland County, Pennsylvania, by handing to Stan Kapp, Operations Supervisor a true and attested copy of the Sumnons in Civil IIction Law and at the sane time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 2.80 So answers: .' d " ,/ .~.e ~7;;/f;;.r;'h:fA"~~(.1-- ' 2.00 22.80 ~. by IItty. 2-23-95 R. Thanas Kline, Sheriff, ~ by~ ~[ :' .,,;~" ' .. \ Deputy Sheriff Swam and subscribed to before me this .),' I:: day of 1",1...._, 19 r; S /I.D. Ll.,~ Q, Ih,i?/..J A(l,r.;. i ; , . Prothonotary SAIDlS, GUIDO, SnUFF & I\1ASLAND 26 W, IIISh S",<<I ClIIlI.I..PA RONALD STEWART, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-820 CIVIL TERM CIVIL ACTION - LAW GLEN MOORE TRANSPORT, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Glen Moore Transport, Inc. Respectfully submitted, Dated: 3(;; ,;!f) ~~ Edward E. Guido, Esquire Supreme Ct. I.D. No. 21206 26 West High Street Carlisle, PA l7013 (717) 243-6222 ; ; Attorney for the Defendant ~ .",. - l'J' l'J "" ~ ,... ,,0:.-- :.7;' ;,u l' <:,"1, ::-;; ~:,":; \ ~,'l '. :...-_;.!_I u:_fi:, . ,\. ii". .L~ :: ;~~ ,- - " ~O ~ :r "" G") RONALD STEWART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-620 CIVIL TERM GLEN MOORE TRANSPORT, INC., CIVIL ACTION - LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please enter a Rule upon the Plaintiff to file a Complaint. Respectfully submitted, , Dated: 3/J'J/'j} SAl~ SHUFF' MA'LANU Edward E. Guido, Esquire 26 West High Street Carlisle, PA l70l3 (7l7) 243-6222 Attorney for the Defendant R U L E AND NOW. March 22, 1995, Rule issued to file complaint in accordance to the above praecipe. SAID IS, GUIDO, SHUFF & MASLAND 26 W, IIIgh Street Cllfll.le,PA (\ l Ie. ,r Welker prothonotary L,,, W. 'p'\~ur\""", Q,~ Deputy ~ ~~~- ~ ~ ~ <:n ~ n: .. % .' ,I.' '.- .. , ... '~ l. .' RONALD STEWARD v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-820 CIVIL TERM GLEN MOORE TRANSPORT, INC. COMPLAINT 1. Plaintiff is an individual, Ronald G. steward, who resides at 9 East Avenue/ MUllica, NJ, 08062. 2. Defendant is Glen Moore Transport, a Pennsylvania corporation, doing business at 450 Allen Road and 1511 Commerce Avenue, CarliSle, Cumberland County, Pennsylvania, 17013. 3. On February 16, 1993, an employee of Defendant, namely, Robert Douglas Elder/ was operating a vehicle, a 1992 Freightliner, in the course of his employment. (t. ' 4. Defendant's employee, driving eastbound on~state Route 84, attempted to overtake and pass Plaintiff's vehicle which was also traveling eastbound. 5. Defendant's employee lost control of his vehicle and travelled sideways into Plaintiff's lane causing Plaintiff to strike Defendant's vehicle. 6. The accident described above was caused by the negligence, carelessness and recklessness of the defendant operator in the operation of the 1992 Freightliner which negligence was the proximate cause of the injuries and losaes suffered by the Plaintiff and more partiCUlarly set out below. 7. The negligence of the Defendant-operator at the time and place averred consisted of the following: (a) operating a motor vehicle at too high a rate of speed for the type of road surface, the type of road construction, and the topography of the land surface over which the roadway coursed; (b) operating a motor vehicle in careless disregard for the rights and safety of other vehicles and occupants of other vehicles; (c) operating a motor vehicle in complete disregard for the weather and condition of the highway; (d) violation of the Vehicle Code of Pennsylvania; (e) not having his vehicle under the proper control. 8. At the time of the impact, Plaintiff was operating his vehicle in a safe and cautious manner and could not avoid hitting the 1992 Freightliner which was across his lane of travel. As a result of the impact Plaintiff suffered cuts on his face, a broken tooth, a cut on his chest, a torn upper lip, a swollen nose, cut above his left eye and a cut on his forehead. Plaintiff continues to have trouble because of the nerve damage to his upper lip. 9. As a result of his injuries suffered as a result of the negligence of Defendant-operator, Plaintiff has been required to seek medical services and was billed for the following: Orange County Physician services, P.D. - $511.00 Northern Metropolitan Radiology Assoc., PC - $128.00 Mercy Community Hospital - $524.70 10. Plaintiff has suffered pain both physical and emotional and permanent injuries which will extend into the future and affect his physical and mental health adversely. WHEREFORE, Plaintiff demands judgment against the Defendant and for damages. The amount claimed is within the jurisdictional amount required for arbitration. Date:/(~ l'j~~ d~I~-:~e~t1~(~~ 10 West High st. Carlisle, PA 17013 Edgar Hathaway, Jr., Esq. 13 No. Main st. P.O. Box 572 Elmer, NJ 08313 In t'n ~ :". ~~.: '. ! l".1 In f'.J .~ ,... I,'." u: ...~. . :~- !:3~ ~~ . ~ ih <( ~ U :J ~ z o r. < !~ ~ ~ ~ ..J ~ '" :>; W ~ > o I- III VI !:3 U i'5 ~ < % Z . ~ " z !:! ! ;~ rn ~ ~ :r: ;: W 0 . z ... 0. t:: ~ :- U) It III . wo~~ !l! lR ~ u ~ z VI Z < ~ :; ... <( It ~ 2 a: ~ lL. RONALD STEWARD, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-820 CIVIL TERM GLEN MOORE TRANSPORT, INC., CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: Frances H. Del Duca, Esquire Ten west High Street Carlisle, PA l70l3 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. Date: 11/ J~lir SAIDIS, GUIDO, SijJJ~F & MASLAND /b Iv( \ ...---'<::::.. ; -- By: ~-"... Edward E. Guido, Esquire Supreme Ct. I.D. # 21206 26 West High Street Carlisle, PA l70l3 (717) 243-6222 Attorney for Defendant SAID IS, GUIDO, SnUFF & MASLAND 26 W,lllsh SIred CllllI.I., PA RONALD STEWARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-820 CIVIL TERM GLEN MOORE TRANSPORT, INC., CIVIL ACTION - LAW Defendant ANSWER WITH NEW MATTER AND NOW, comes Glen Moore Transport, Inc. by and through its attorneys, Saidis, Guido, Shuff & Masland, and responds to the Plaintiff's Complaint as follows: 1. Admitted 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant's employee and Plaintiff were driving eastbound on Pennsylvania State Route 84 in West Fall Township, pike County. The remainder of the averments contained therein are denied generally as permitted by Pa.R.C.P. l029(e). 5. Denied. The averments contained therein are denied generally as permitted by Pa.R.C.P. l029(e). 6. Denied. The averments contained therein are SAID IS, GUIDO, snUFF & MAS LAND 26 W. IlIgh Sired CllCllslc.PA conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. 1029(e). 7. (a) through (e) - Denied. The averments contained ther.ein are conclusions of law to which no response is necessary. To the excent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. l029(e). 6. Denied. The averments contained therein are conclusions of law to which no response is necessary, To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. l029(e). 9. Denied. The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. l029(e). lO. Denied. The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. l029(e). WHEREFORE, Defendant prays this Honorable Court to dismiss the Complaint and enter judgment in favor of Defendant together with costs of this action. NEW MATTER SAIDIS, GUIDO, SHUFF & MASLAND 26 W, /IIch 51"'c' ClUlI.lc,I'A ll. Plaintiff's action is barred for failure to state a cause of action upon which relief can be granted. 12. Plaintiff's action is barred by the appropriate Statute of Limitations. 2 13. plaintiff's action is barred snd/or limited by the applicable proviuions of the Pennsylvania Motor Vehicle Financial Responsibility Law. More particularly, plaintiff's recovery is barred and/or limited by the Amendments made thereto insofar as they concern receipt of benefits from collateral sources. l4. plaintiff's recovery is barred and/or limited by the applicable provisions of the Penneylvania Comparative Negligence Statute which is plead herein in its entirety as an affirmative defense. WHEREFORE, Defendant prays this Honorable Court to dismiss the Complaint and enter judgment in favor of Defendant together with costs of this action. DATED: '-I /,;./ !7~- Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAND /'~""-I ~~ Edward E. Guido, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Defendant By: SAlOIS, GUIDO, SnUFF & MASLAND 26 W, IIIgh SIre" CllIlblc, PA 3 VERIFICATION I verify that the statements made in this Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. Dated: Q/;Q/7S a~/~r David L. I1cGowan, pr sident SAIDIS, GUIDO, SHUFF & MASLAND 26 W, High Slreet C41lhlc, PA 4 CERTIFICATE OF SERVICE I, Edward AY',,-,-Q ,)tlllt E. Guido, Esquire certify that on the ____ day of , 1995, I eerved a true and correct copy of the within Answer with New Matter upon counsel for Plaintiff in this matter by depositing same in the united States mail, first class, postage prepaid addressed as follows: Frances Del Duca, Esquire 10 West High street carlisle, PA l70l3 Edgar Hathaway, Jr., Esquire l3 North Main Street P.O. Box 572 Elmer, NJ OB3l3 By: GUIDO, SHUFF & MAS LAND .--f~~) -~ .------? SAIDIS, Edward E. Guido, Esquire 26 West High Street Carlisle, PA l70l3 (717) 243-6222 Attorney for Defendant SAIDIS, GUIDO, SHUFF & MASLAND 26 W,lUgh Slrccl e",Usle, PI. 5 In c:n . ." = ,. ..,-I. , 1/' " ,... ~'.J " " ~ I~<- h. -=: ~ Z < ~ ... en !~a ffl ~~ ~~ U co!J~ ~~ ffi OO:I:I1I~ Ot:l~!2P:C ~ S~~~~ :5 "'1l1.~-O ..., ",..J:I: .. M~Q.. en <( ... u El < en . ' v. IN THE COURT OF COI1MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-820 CIVIL TERM RONALD STEWARD GLEN MOORE TRANSPORT, INC. NOTICE: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Answer is 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 Answer or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Cout House 4th Floor CarliSle, PA 17013 May 8, 1995 (717) 240-6120 ..--- ) // Jp'') ("/ 'nl:'<.u~7v/.!,r /)/""......- Frances H. Del Duca "-io West High st. Carlisle, PA 17013 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-820 CIVIL TERM RONALD STEWARD GLEN MOORE TRANSPORT, INC. 11. Denied. ANSWER TO NEW MATTER The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. 1029(e). 12. Denied. The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. 1029(e). 13. Denied. The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is required, they are denied generally as permitted by Pa.R.C.P. 1029(e). 14. Denied. The averments contained therein are conclusions of law to which no response is necessary. To the extent that some of the averments may be construed as factual averments to which a responsive pleading is I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. sec. 4904 relating to unsworn falsifica Dated: ~\ \ \ q, L.n ..') cf'I .~." -~ ..r,. " ,n N :r') c,'.:) >- -! - >- (J~ ~ I.U(:; (J;'" fEr ffio " l L~. U;l: . re: 11. o CJ ".. -.. ;.. .'j' -j .... 2 ;;~ ) ~Tl~ _.:'~ _0 t/l 'I'~' ; ~.~ ~ ~l j;) .,10... ::; (.) .. - ~'. . ~:. ....1 t.:n .,~- '.