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EMMA J. SALTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
)J I.;j ,,.-j
No. r'.; ,//i'-; (1Ih(V-i.('.,
DONALD N. ZULLI,
Defendant
CIVIL ACTION - AT LAW
PERSONAL INJURY
JURY TRIAL DEMANDED
NOT I C B
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
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
Le han demandado a usted en la corte. Si usted quiere
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 en forma escrita sus defensas 0 sus objeciones alas
demandas en contra de su persona. Sea avisado que si usted no
se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier
queja 0 alivio que es pedido en la petie ion de demanda. Usted
puede perder dinero 0 sUs propiedades 0 ostros derechos
impoprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME paR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE
SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSB
CARLISLE, PA 17013
(717) 240-6200
EMMA J. SALTER,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
DONALD N. ZULLI,
Defendant
: CIVIL ACTION - AT LAW
: PERSONAL INJURY
JURY TRIAL DEMANDED
COMPLAINT
EMMA J.SALTER vs. DONALD N. ZULLI
1. Plaintiff Emma J. Salter is an adult individual
residing at 125 E. Columbia Road, Enola, Cumberland County,
pennsylvania 17025.
2. Defendant Donald Zulli is adult individual residing
at 268 Susquehanna Ave, Enola, Cumberland County, Pennsylvania
17025, and was the driver and owner of a 1994 Chevy Blazer, PA
registration WHZ389, involved in an accident on July 23, 1994
in Cumberland County, pennsylvania.
3. Peter Young is an adult individual who was operating
a 1984 Dodge Ram, PA registration AEB5882, heading west bound
on Carlisle Pike in Cumberland County, pennsylvania, who was
also involved in the accident on July 23, 1994.
4. On July 23, 1994, at approximately 3:00 p.m., Emma J.
Salter was a passenger in the 1994 Chevy Blazer driven by
Defendant Donald N. Zulli which was exiting a private drive and
attempting to turn left across Carlisle Pike, Cumberland
County, pennsylvania, in order to head east on Carlisle pike.
5. As Defendant Zulli pulled out, attempting to make the
left turn onto Carlisle Pike, he failed to observe traffic
conditions or to yield to the west bound 1984 Dodge Ram driven
by Peter Young, which had moved to the center lane to make a
left hand turn onto Silver Springs road.
6. As Defendant Zulli pulled out, hie vehicle collided
with Mr. Young's vehicle in a near head-on position, impacting
between the left front of Defendant Zulli's vehicle and the
right front of the vehicle driven by Mr. Young.
7. Through no fault of Plaintiff, she was violently
thrown forward into the dash and windshield of the car as a
result of the severe impact.
8. Plaintiff believes, and therefore avers, that
Defendant Zulli, as driver of the vehicle was negligent and
violated the vehicle code by failing to observe traffic
conditions and failing to yield to oncoming west bound traffic
as he entered and crossed three lanes of trafficl two west
bound lanes and one turning lane, onto the Carlisle pike.
9. The Plaintiff believes, and therefore avers, that
Defendant Zulli had a duty to operate his vehicle in a safe and
reasonable manner and to maintain control of his vehicle at all
times.
10. Plaintiff believes, and therefore avers, Defendant
Zulli breached his duty of care and failed to operate his
vehicle as a reasonably prudent driver would under like
conditione and failed to maintain control of his vehicle, by
turning into the path of the vehicle driven by Mr. Young.
11. As a direct and proximate result of Defendant Zulli'e
failure to observe traffic conditions and his failure to yield
to the oncoming west bound traffic in making his left hand
turn, Defendant Zulli collided with the vehicle operated by Mr.
Young.
12. As a direct and proximate result of Defendant Zulli'e
failure to obeerve or to yield to oncoming west bound traffic
in making hie left hand turn, Plaintiff'e head and body were
violently smashed againet the dash and windehield of the car,
which caueed eevere and multiple bruiees to her head and body.
13. As a result of Defendant Zulli's failure to use due
care in operating his vehicle ae a reaeonable pereon, Plaintiff
euffered multiple bodily injuries, including injuries to her
head, face, neck, left ehoulder, cheet, right knee and lege.
14. SUbsequent to the automobile accident, Plaintiff
underwent a medical examination in which she was diagnosed as
having multiple areas of contusion (left shoulder, right knee,
left chest) as well as degenerative changes in the cervical
region of her spine.
14. Plaintiff has received medical treatment from the
time of the accident in July of 1994 through the time of filing
this Complaint for her injuries, and still experiences pain in
her right knee.
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J 10 ,Ii '95
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WIX, WENGER e WEIDNER
ATTORNEY' AT LAW
4705 DUK~ 'TR~n
fIAltk15lHJRG, PENN~YL\'^NI^ IIIO'J-:\U~m
("171 6~iJ'.M'b
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95 1965 CIVIL TERM
JURY TRIAL DEMANDED
EMMA J. SALTER,
Plaintiff
DONALD N. ZULLI,
Defendant
ANSWER WITH NEW HATTER OF DEFENDANT. ZULLI
1. Admitted.
2. Admitted.
3. Admi tted.
4. Admitted.
5. Admitted in part and denied in part. Admitted that as
Defendant, Zulli pulled out, he attempted to make a left hand turn
onto the Carlisle Pike it was further admitted that a 1984 Dodge
Ram driven by Peter Young eventually moved to the center lane. It
is specifically denied that Defendant, Zulli failed to observe
traffic conditions or to yield. After reasonable investigation,
Defendant, zulli is without sufficient knowledge to form a belief
as to the intentions of Peter Young. Therefore, the remaining
averments of Paragraph 5 are specifically denied and strict proof
thereof is demanded at the time of trial.
6. Admitted in part and denied in part. Admitted that as
Defendant, Zulli pUlled out, a collision ensued between Mr. Young's
vehicle and Mr. Zulli's vehicle. It is specifically denied that
Mr. Zulli's vehicle collided with Mr. Young's vehicle. To the
contrary, Mr. Young's vehicle impacted Mr. Zulli's vehicle.
Specifically, the right front of Mr. Young's vehicle impacted the
left front of Mr. Zulli's vehicle.
7. Admitted in part and denied in part. Admitted that the
Plaintiff was thrown forward into the dash and windshield of the
car as a result of the impact. It is specifically denied that the
Plaintiff was thrown forward through no fault of her own. To the
contrary, the Plaintiff was thrown forward because she failed to
wear her seat belt.
8. The averments of Paragraph 8 constitute a conclusion of
law to which no response is required. To the extent that a
response is deemed required, each and every averment of paragraph
8 is specifically denied and strict proof thereof is demanded at
the time of trial.
9. The averments of Paragraph 9 constitute a conclusion of
law to which no response is required. To the extent that a
response is deemed required, each and every averment of paragraph
9 is specifically denied and strict proof thereof is demanded at
the time of trial.
10. The averments of Paragraph 10 constitute a conclusion of
law to which no response is required. To the extent that a
response is deemed required, each and every averment of paragraph
10 is specifically denied and strict proof thereof is demanded at
the time of trial.
11. The averments of Paragraph 11 constitute a conclusion of
law to which no response is required. To the extent that a
2
response is deemed required, each and every averment of paragraph
11 is specifically denied and strict proof thereof is demanded at
the time of trial.
12. The averments of paragraph 12 constitute a conclusion of
law to which no response is required. To the extent that a
response is deemed required, each and every averment of paragraph
12 is specifically denied and strict proof thereof is demanded at
the time of trial.
13. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 13. Therefore, each and every averment of
Paragraph 13 is specifically denied and strict proof thereof is
demanded at the time of trial.
14. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 14. Therefore, each and every averment of
Paragraph 14 is specifically denied and strict proof thereof is
demanded at the time of trial.
15. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 15. Therefore, each and every averment of
Paragraph 15 is specifically denied and strict proof thereof is
demanded at the time of trial.
16. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 16. Therefore, each and every averment of
3
Paragraph 16 is specificallY denied and strict proof thereof is
demanded at the time of trial.
17. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of paragraph 17. Therefore, each and every averment of
Paragraph 17 is specifically denied and strict proof thereof is
demanded at the time of trial.
18. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of paragraph 18. Therefore, each and every averment of
paragraph 18 is specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, Donald N. Zulli respectfully requests
your Honorable Court to dismif\s the Plaintiff's Complaint with
prejudice.
NO MATTIR
19. Plaintiff's are barred or should be reduced in accordance
with the pennsylvania Comparative Negligence Act.
20. The injuries referred to in the Plaintiff's Complaint,
the existence of which is specificallY denied, were caused in whole
or in part by the Plaintiff's negligent failure to wear her safety
belt.
21. The Plaintiff's claims are barred, or should be reduced
in accordance with the provisions with the Pennsylvania Motor
Vehicle Financial Responsibility Act.
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PATRICK F. I.AII J:R, JR
Allllrnr~ ~l I.~"
210K 'h.I~~1 \lIt\'1
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(717)7fd-lIWIl
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EMMA J. SALTER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 95 1965
CIVIL ACTION - LAW
DONALD N. ZULLI,
Defendant
JURY TRIAL DEMANDED
PRABCIPB TO DISCONTINUB
TO THB PROTHONOTARY:
Please mark the above captioned matter as settled and
discontinued with prejudice.
Respectfully Submitted,
2 /r"J
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Bria J ~uhalft, Sr., Esq.
Atty IDI 52677
2108 Market St.
Camp Hill, PA 17011
(717) 763-1800
Attorney for Plaintiffs
Datedl September 27, 1995
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2111K Murkcl Slrccl
A/ICC Ulllldll\~
C111llP 11111. "A 171111
(717) 7('].IKIIII
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