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Home My WebLink About95-04409 ~ .~ ' ''''. j 1 1 ~ -7 >-- a) 5 \V <- cD " ~ ~ J " ",' 2) -::r ::z- -) " -~,~< -",- '3 , '.::J,: " , ;<-: ," '.~ ?'j ',if.': ~ . ~~::~ ,,' ...... '\~ ,11 ^~~ 3 ,J -;~j . ~: ';'l' :;'1 -" '" Schmidt and Ronca PC - Attome,.. ..... Co..~..lon ., .... . 1"_- -.. _,.._ 1110. ,or I 1S1"'00 ---~ RICHARD J. GREINEY and CAlUIALBHNB GREBNEY, Plaintiffs IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 of 4409 v. lCAYAMBU M1J'1'HURAHU, Defendant JURY TRIAL DEMANDED CBRTXPXCATB OP SBRVXCB AND NOW this :J51tl. day of '::::'O~HYlJtut.J, 1997, I, Charles B. schmidt, Jr., Esquire, hereby certify that I have this day served Plaintiff's, Richard Greeney, Answers to Defendant's, I Kayambu Muthuramu, Xnterroqatories, by depositinq a copy of the same in the United states Mail, postaqe prepaid, at Harrisburq, pennsYlvania~ addressed to: Robert N. Spinelli KELLEY, JASONS, McGUXRE & SPXNELLI One Penn Center suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 /,--~) S By: I lOT ~?,R~NCAr~PJC. ~: .~ffft Charles E. Schmidt, Jr. Attorney at Law 209 state street Harrisburq, PA 17101 Attorney I.D. 119198 (717) 232-6300 Attorney for the Plaintiffs .....~ - - ~v f;; 1""' ~ j::: 0 ~~! N ?",.. - ,-);.,.~: Ct:~7~ .~ .. '''':;,. lor.,:. n.. ::;~ 0.:".... ,~ . \, O!.: 0 , .,'If; U.I-. C'; {::":2 -.J Ct: !~ 1 C- U,: ~,. '-:0 ,- en :.0u.. IJ. -' 0 r- ::3 0'. c.:> Schmidt and Ronca PC 1"_- ......., r-th.. "101 ,,, I 111...00 ~ . AU....,. ..41 eo......." .t Uw l . RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 of 4409 v. KAYAMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED CERTIll'ICATB Oll' SBRVICE AND NOW this ;Stk , 1997, I, -r~tf {... day of Charles B. Schmidt, Jr., Esquire, hereby certify that I have this day served Plaintiffs' Responses to Defendant's, Kayambu Muthuramu, Request for Production of Documents, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Robert N. Spinelli KELLEY, JASONS, McGUIRE & SPINELLI One Penn Center Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 C. S By: Charles E. Schmidt, Jr. Attorney at Law 209 State Street Harrisburg, PA 17101 Attorney I.D. #19198 (717) 232-6300 Attorney for the Plaintiffs ~ ~ ,... ~ C 1-- ~Q N :-:->..- ....- ()~~ ( :?: $:1; :-.)..-~ <:... "J~ r. @L C. ".1- M ......:::~ If!' Ii "- II! :;. " '''-'fE I-C Lu ~, . .,J ,- IJ. ,... ." 0 => (TI Q ~~ ~ ..,. ~ " Schmidt and Ronca pC All_P .... c...- at taw ...-- _ _,t..... 17101 JIf I 11''''00 .'.... ----I i \ \ , I i~: '". ,.... . .._r_:., ~ ...., "- ----.-----..-- ------ RICHARD J. GREENEY and CARMALENNE GREENlY, plaintiffs : IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . . : NO. 95 of 4409 v. . . RAYAHBU MtJTHURAMU, . . . . . . : JURY TRIAL DEMANDED Defendant CDT:l:I':l:CATJI 01' sDnCII /)t!:~ AND NOW this ..I:Z2 day of , G-;;:tvJfl/U , , 1997, I, Charles E. schmidt, Jr., Esquire, here):)y certify that I have this day served plaintiff's, carmalenne Greeney, Answers to I Defendant's, Kayambu Muthuramu, Interrogatories, ):)y depositing a copy of the same in the united states Mail, postage prepaid, at Harris):)ur9, pennsylvania, addressed to: Robert N. spinelli KELLEY, JASONS, McGUIRE' SPINELLI One Penn center suite 1400 1617 John P. Kennedy Blvd. Philadelphia, PA 19103 Charles E. schmidt, Jr. Attorney at LaW 209 state street Harris):)urg, PA 17101 Attorney I.D. 119198 (717) 232-6300 Attorney for the plaintiffS By: :>- r-. E a: c ~~ " !:=' .. ; -~~.~ IJJ:"".! N ~~" :-:: CV, . r' c.~ ",:"\ ~' () ... O(J' 0 ~~;2 '-' ' C'') fl!t\ Co. .,:,.:J , w ~~b. F: v, -" t:5 r-- ::> ." U ~~ ~ ~ -- - """- - . ~ ~_..----. ....... .' , , .. ~ I RICHARD J. GREENEY AND CARMALENNE GREENEY, Plaintiff IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .,fQf/"- 44{1tj (I ~L0L-~ CIVIL AcrION - LAW v. KA Y AMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED No. CIV. NOTICE You have been sued in court. If you wish to defend yourself against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice arc served, by entering a written appearance personally or by an attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You arc warned lhat if you fall 10 do so the court may proceed without further notice of any money claimed in the Complaint or for any other relief requested by the Plaintiff. You may lose money or property or other rights that arc important to you. YOU SHOULD TAKE TmS PAPER TO YOUR ATrORNEY AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. . CXXJRT AIMINISTRATOR ClM3ERLAND CO COUR'llKlUSE 4 th FLCOR 1 COUR'IllCXJSE SQUARE CARLISLE PA 17013 33B7 (717) 240 6200 RICHARD J. GREENEY AND CARMALENNE GREENEY, Plaintiffs IN 1lfE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. KAY AMBU MU1lfURAMU, Defendant JURY TRIAL DEMANDED No. CIV- COMPLAINT AND NOW come the Plaintiffs, Richard J. Greeney and Cannalenne Greeney, by and through their attorney Thoma.~ S. Cook and Associales, set forth the following: 1. RIchard J. Greeney and Cannalenne Greeney, Plaintiffs hereafter, are two adult Individuals, husband and wife, residing at 32 Landingmeadow Road, Smlthlown, NY 11787. 2. Kayambu Muthuramu, Defendant hereafter, is an adult individual residing at 51 ChImney Slack Road, Apartment 414, Toronto, Ontario, Canada, M3J1L3. .. 3. At all times relevant to this action, Plaintiffs Richard J. Greeney and Canna1enne Greeney were In a 1988 Dodge Dyn&1y, registrallon number 4VM398, 4. AI all times relevant to this action, a Pennsylvania Turnpike tollbooth In Cumberland County, In Middlesex Township wa.~ a public thoroughfare. S. On September 3, 1993, at approximately 1:22 p.m., Mr. Greeney, who was driving, with Mrs. Greeney as a passanger in the vehicle, was slowing to pay at Ihe tollbooth on the PeMsylvanla Turnpike, In Cumberland County, Middlesex Township, Pennsylvania. Their brake lights were In perfect worklng condition. 6. At the above-mentioned time, Defendant Kayambu Muthuramu was driving his vehicle, a 1987 Chevrolet Celebrity, four-door sedan, regislratlon number 446PWL. Mr. Muthuramu look his eyes off of the road and stnJck the Greeney vehicle In the rlghl rear. 7. The accident resulted in damage to the Greeney vehicle; leg, foot and back Injuries to Mrs. Greeney; and lower back, neck, and hip injuries to Mr. Greeney. 8. The accident resulted solely from the negligence and recklessness of the Defendant, Kayambu Muthuramu, as set forth below and was due In no manner whatsoever to any act or failure to acl on the part of the Plaintiff. 9. The negligence and recklessness of Defendant consisted of, but was not limited . to, the following: a. Failure to operale and control his vehicle. b. Failure 10 be and remain attentive while operating a motor vehicle. 10. The aforesaid actions were violations of the statute of Penn.,ylvania covering the operation of motor vehicle in the streets and highways. COUNT I RIchard J. Greeney y. Kayambu Mutburamu 11. The avennents contained in paragraphs I through 10 are Incorporated herein by reference as though fully sel forth here at length. 12. As a further result of this accident. Plaintiff Richard J. Greeney was obligated to received and undergo medical attention and care and to expend various sums of money which may exceed no-fault coverage and may continue for an indefinite time in Ihe future. 13. As a further result of this accident, Plaintiff Richard J. Greeney has a continuous problem with his upper thigh in which the pain never goes away and pennlts him to walk wilh a pennanent limp. .. 14. As a further result of Ihis accident, Plaintiff Richard 1. Greeney suffers from a decreased range of molion In his neck in which he gels excruciating pain which at times leaves him totally incapacitated. Such difficulties are deemed permanent. KELLEY, JASONS, McGUIRE & SPINELLI BYI Robert N. Spinelli W. Matthew Reber Attorney 1.0. Nos. 28051 and 67035 Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Attorneys for Defendant (215) 854-0658 ltAYAMBU MUTHURAMU RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs, IN THE COURT OF COMMON PLEAS COMBPlRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW I t I t I I v. t I I NO. 95 of 4409 ltAYAMBU MUTHURAMU, JURY TRIAL DEMANDED Defendant. I ENTRY OF APPEARANCE TO THE PROTHONOTARY I Kindly enter the appearance of Robert N. Spinelli, Esquire and W. Matthew Reber, Esquire, attorneys for defendant, Kayambu Muthuramu. KELLEY, JASONS, McGUIRE & SPINELLI . BY:.-fZ~' ~LtL( ROB TN. SPIN\;L'bI W. MATTHEW REBER Attorneys for Defendant Kayambu Muthuramu DATED I APRIL 18, 1996. .... r- '- 1::; '" -: ;:; M ;.;-~~~ p YJ.., j~~ ~ f . ..- ...;;. It' ~- ...,~ -t:o or' ..'~ I;:. N 'en @'" N ':J ;;~ ."--:." -'I' t"~ :,1(;) 0:' 0- '..:!u.. r-= -=.; .': I.'. "n ,;:> 0 ell (.) . ItELLEY, JASONS, McGUIRE 6& SPINELLI :.. ":..=r::~lUo4 to pt.o4 to tile _1..04 By t Robert N, Spinelli _. with ._ ....or withl.. -.aty 130) day. of W. Hat:thew Reber :.rr~: =~eol O~. clafault ~~t...y'" _t.~ed Attorney I.D. No.. 28051 and 67035-Lt..~ ,~ I Q....( Suite 1400, One Penn Center . '- 1617 John F. Itennedy Boulevard :..~~ ,::-:,....... Philadelphia, PA 19103 "yuIN Mltlou... (215) 854-0658 Attorney. for Defendant ItAYAMBU MlJTHt1RAMt1 RICHARD J. GREBNBY t IN THE COURT OF COMMON PLEAS and I CUMBERLAND COUNTY, PENNSYLVANIA CARMALBNNB GREBNBY, I I CIVIL ACTION - LAW Plaintiff., I I v. I NO. 95 of 4409 I ItAYAMBU MtJTHtJRAMU , I t JURY TRIAL DEMANDED Defendant. t ANSWER AND NEW MATTER OF DEFENDANT, ItAYAMBU MlJTHt1RAMt1, TO PLAINTIFFS' COMPLAINT Defendant, K'ayambu Muthuramu ("Answering Defendant"), by and through his attorneys, Kelley, Jasons, McGuire & Spinelli, hereby answers plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, allegations. 2. Admitted. and therefore answering defendant denies the 3. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a . belief as paragraph, allegations. 4. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 6. Admitted in part; Denied in part. It is admitted that on or about said time, answering defendant was driving said vehicle. It is specifically denied that answering defendant took his eyes off the road and struck the Greeney vehicle in the right to the truth of and therefore the averments contained in answering defendant denies this the rear. 7. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029 (d). Further, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 8. Denied. The averments of this paragraph are denied as conclusions of law to which no response is required. By way of further answer, it is specifically denied that the accident occurred solely from the negligence and recklessness of answering - 2 - defendant, and further denied that the accident was due in no manner to any act or failure to act on the part of the plaintiff. 9. (a) - (b) Denied. The averments of this paragraph, including subparts, are denied as conclusions of law to which no response is required, and are therefore denied. By way of further answer, the averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029(e). 10. Denied. The averments of this paragraph are denied as conclusions of law to which no response is required, and are therefore denied. By way of further answer, the averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029(e). COUNT J: Richard J. Greeney v. ltayambu Mu tlll,-ramu 11. Answering defendant hereby incorporates paragraphs 1 through 10 as though fully set forth herein at length. 12. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. - 3 - .' 13. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rules of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 14 . Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 15. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure l029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 16. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this - 4 - y,; paragraph, and therefore answering defendant denies the allegations. 17 . Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. COUNT II Carmalenne Greeney v. ltayambu Muthuramu 18. Answering defendant hereby incorporates paragraphs 1 through 17 as though fully set forth herein at length. 19. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 20. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a - 5 - belief as to the truth of and therefore the averments contained in answering defendant denies this the paragraph, allegations. 21. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 22. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. 23. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). By way of further answer, after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and therefore answering defendant denies the allegations. WHEREFORE, answering defendant requests judgment in his favor and against the plaintiffs, together with interests and costs. - 6 - NEW MATTBR -- APPIRMATIVE DBPENSES 24. If it is determined that the defendant, Kayambu Muthuramu, is liable on the plaintiffs' causes of action, the defendant avers that plaintiffs' recovery should be barred or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~ 7102. 25. If it is determined that the plaintiffs suffered any injuries/damages as alleged, the defendant avers that they were caused solely and primarily by the plaintiffs' own carelessness, recklessness and negligence. 26. If the plaintiffs suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties both known and unknown to the answering defendant and over whom answering defendant had no control. 27. If the plaintiffs suffered any injuries/damages as alleged, said plaintiffs voluntarily assumed the risk of those injuries/damages. 28. Plaintiffs' cause of action is barred by the applicable Statute of Limitations. 29. The plaintiffs are barred from recovering any elements of damage not legally compensable under Pennsylvania law. 30. Answering defendant was not negligent, careless or reckless in any manner proximately causing the alleged accident and resultant damages. - 7 - 31. The plaintiffs are not legally entitled to recover any elements of damage which are speculative. 32. Any recovery should be barred, limited and/or reduced to the extent plaintiffs have unreasonably failed to mitigate damages. 33. Plaintiffs' claims should be barred and/or reduced pursuant to all applicable provisions of the Motor Vehicle Financial Responsibility Act. 34. Answering defendant asserts all of the defenses, limitations and exclusions available to it under the Pennsylvania No-Fault Motor Vehicles Act and avers that plaintiffs' remedies are exclusively limited thereto. 35. The injuries and/or damages claimed by each of the plaintiffs pre-existed the incident which is the subject of the Complaint and/or proximately resulted from a prior or subsequent unknown and unrelated incident. 36. The claims of one or more of the plaintiffs' stated against defendant, Kayambu Muthuramu, are fraudulent and therefore should be dismissed. - 8 - " WHEREPORB, answering defendant requests judgment in his favor and against the plaintiffs, together with interests and costs. Respectfully submitted, KELLEY, JASONS, McGUIRE & SPINELLI BY: ~~.~. ROBE~-N:SPINEL~ W. MATTHEW REBER Attorneys for Defendant KAYAMBU MUTHURAMU DATED I r.f/ 17 /90 . - 9 - . . CBRTIPICATB OP SBRVICB W. MATTHEW RBSBR, BSQUIRE, hereby certifies that a true and correct copy of the foregoing Answer to plaintiffs' Complaint was served by way of First Class Mail, postage prepaid, on the ~th day of April, 1996 upon: Katherine L. Niven, Esquire Cook " Niven 212 Locust Street, Suite 601 Harrisburg, PA 17101 Attorney for Plaintiffs 7l~ooIk~ , W MATTHEW REBER f~ r- ..~ N ,- f:-~ -- ~~:~! c.,; ,-- ...~~ .J~... ~~i 0: .);s" !'J~ " N . - c:c. :;- tr> U):'._ N y,~J;""; rr:;l" 0= 'z " n. nUJ ..... ~ . ~.! L0l- li. V, ,"'? 0 ;:;J cr. U '. . RICHARD J. GR an CARMALENNE GREENEY, plaintiffs NO. 95 of 4409 v, KAYAMBU MUTHtJRAMU, , . . . . Defendant : JURY TRIAL DEMANDED CRRTX.XCATB O. SBRVXCB AND NOW this un. 1 day of Oc..-l..Iv/ , 1996, I, Katherine L. Niven, Esquire, hereby certify that I have this day served Plaintiffs' Objections to Interrogatories of Defendant, along with Plaintiffs' Objections to Request for production of Documents by Defendant, by depositing a copy of the same in the united states Mail, postage prepaid, at Harrisburg, pennsylvania, addressed to: Robert N. spinelli, Esquire KELLEY, JASONS, McGUIRE & SPINELLI suite 1400, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 COOK & NIVEN By: vIL "'"2 ~rine L.~n, Esq. Attorney at Law 212 Locust st., ste. 601 Harrisburg, PA 17101 Attorney for the plaintiffs >- Cl >- Cr: - ;-; '" ~~' N :-old }~~ If'=' ;.~ ~tC u.. ;:;5 L ,,.? :I:/i c. !~ _J 0:'-'1 \- <hw L1 r;-.; C ..J n.. LI_ t!") -~ 0 0.... U Cl ... ~: - N - III ~ ;-1 0' ,- .'-;. ft' " 1_ ,.' I,.... ~.:J 9:' '..~ I,'? r." 11-.':' - ~,' L:i:' I- ~(_2 L; " c.;.J -;1 " I~ U G-. :.) ,....., r- '. RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 95 of 4409 v. . . KAYAMBU MUTHURAMU, Defendant : JURY TRIAL DEMANDED PRAECIPE POR ENTRY OP APPEARANCB TO THE PROTHONOTARY: Please enter the appearance of Charles E. Schmidt, Jr., Esquire, and SCHMIDT AND RONCA, P.C., and withdraw the appearance of Katherine L. Niven, Esquire, as Attorneys of record for PlaintiffS, RICHARD J. GREENEY and CARMALENNE GREENEY, in the above- captioned action. .------ / ' pectfully submitted, }, C ;:~ P.C. S By: Charles E. schmidt, Jr. Attorney for Plaintiff I.D. No. 19198 209 State Street H~rrisburq, PA 17101 (717) 232-6300 COOK & NIVEN By: {C-Cr:..... <- ____ Katherine L. Niven Attorney at Law 212 Locust street suite 601 Harrisburg, PA 17101 (717) 231-1640 RICHARD J, GREENEY and . IN THE COURT OF COMMON PLEAS . CARMALENNE GREENEY, . CUMBERLAND COUNTY, PENNSYLVANIA . . . Plaintiffs . . . NO, 95 of 4409 , v. . . . . I<AYAMBU MUTHURAMU, . . . . Defendant . JURY TRIAL DEMANDED . CERTIPICATE OP SERVICB AND NOW this It, tAday of .Dee, , 1996, I, Charles E. Schmidt, Jr., Esquire, hereby certify that I have this day served ," plaintiffs' Praecipe to enter the appearance of the undersigned t , and:~ithdraw the appearance of Katherine L. Niven, Esquire, by ... ,depositing a copy of the same in the United States Mail, postage 'prepaid, ,at Harrisburg, Pennsylvania, addressed to: (/ . I.... ~ Robert N. Spinelli, Esquire KELLEY, JASONS, McGUIRE & SPINELLI suite 1400, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 ''''', I st~:c ; Charles E. Schmidt, Jr. Attorney at Law 209 State Street Harrisburg, PA 17101 Attorney 1.0. #19198 (717) 232-6300 By: Attorney for the Plaintiffs ~ r0- E; '" ~J III M 0 :c '.,) ~ a.. of 0 .... fr co ~ i:i.. - aj~ UI u f!- LoJ co Q ~ ~ \0 en . RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 of 4409 v. KAYAMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER 24. Paragraph 24 is denied. Paragraph 24 is denied for reasons set forth in the Plaintiffs' Complaint. 25. Paragraph 25 is denied. Paragraph 25 is denied for reasons set forth in the Plaintiffs' Complaint. 26. Paragraph 26 is denied. Paragraph 26 is denied for reasons set forth in the Plaintiffs' Complaint. 27. Paragraph 27 is denied. Paragraph 27 is denied for reasons set forth in the Plaintiffs' Complaint. By way of further denial, Plaintiffs aver that the Defendant's assumption of risk does not apply to this action. 28. Paragraph 28 is denied. This action was timely filed within the Statute of Limitations. '. 29. Paragraph 29 contains a conclusion of law which does not require a responsive pleading. 30. Paragraph 30 is denied. Paragraph 30 is denied for reasons set forth in the Plaintiffs' Complaint. 31. Paragraph 31 contains a conclusion of law which does not require a responsive pleading. 32. Paragraph 32 is denied. Paragraph 32 is denied for reasons set forth in Plaintiffs' Complaint. 33. Paragraph 33 contains a conclusion of law which does not require a responsive pleading. 34. Paragraph 34 contains a conclusion of law which does not require a responsive pleading. 35. Paragraph 35 is denied. It is denied that any of the Plaintiffs' injuries in this accident involve pre-existing conditions. 36. Plaintiffs request that Paragrpah 36 of the New Matter be stricken. , R spectfi11Y submitted, 5 HMIOT 0 RONCA, P C. By: . ' Charles E. Schmidt, Jr. Attorney at Law 1.0. H19198 209 state Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs ~ RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 of 4409 v. KAYAMBU MUTHUMMU, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~.t day of Dc:hb-tr , 1993, I, Charles E. Schmidt, Jr., Esquire, hereby certify that I have this day served Plaintiffs' Reply to New Matter, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Robert N. Spinelli, Esquire W. Matthew Reber, Esquire KELLEY, JASONS, McGUIRE & SPINELLI One Penn Center, Suite 1 1617 John F. Kennedy B leva d Philadelphia, PA 191 RONCA, .C. By: ~~ . . Carles E. Schm dt, Jr. Attorney at Law 209 State Street Harrisburg, PA 17101 Attorney I.D. >>19198 (717) 232-6300 Attorney for the Plaintiffs . 1 NOV 1 7 199~ RICHARD J. GREENEY and CARMALENNE GREENEY, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4409 v. KAYAHBU MUTHURAMU, Defendant JURY TRIAL DEMANDED RDLZ TO SROW CADIZ AND NOW, this 1c1~ , day of IJ~ , 1998, upon consideration of the Plaintiffs' Motion to Compel the Defendant to provide responses to Plaintiffs' Request for Production of Documents and a verification to Interrogatories, it is hereby ORDERED and DECREED that a Rule is issued upon the Defendant to show cause why the Plaintiffs' Motion should not be granted. RULE RETURNABLE "2 C) DAYS FROM SERVICE. BY THE COURT: -f{k Ad. / , / J. (i) 8 -., ;P,~": 1.,1,-,-, ~; ::.'.. ().'~. -.... Fi/~;." "';'f i t:~r~j ......c..' $ ~ -~ ,22 '- o ." -1 H;.g ~, ~:"l ;0 " ,':iP .':j:fj :...iF;? -~ ~ 1 4 l' <~ .. . "'''9. '"()- ~ , ... - l.O \:l -, ...... - .. :oJ en i I I 1 \ I 1 Ii '\ , . . RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4409 v. KAYAMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED MOTION TO COMPEL AND NOW, comes the plaintiffs, RICHARD J. GREENEY and CARMALENNE GREENEY, by and through their Attorneys, SCHMIDT AND RONCA, P.C., and hereby avers as follows in support of a Motion to Compel Defendant's Response to Plaintiffs' Request for Production of Documents and a Verification to Interrogatories: 1. The Plaintiffs were involved in a motor vehicle accident with the Defendant on or about september 3, 1993. 2. On or about August 31, 1995, Plaintiffs filed a Complaint in the above matter. 3. On or about October 4, 1996, Plaintiffs served upon the Defendant Request for Production of Documents and Interrogatories. 4. The Request for Production of Documents and Interrogatories directed the answering Defendant to respond within thirty (30) days from service. 5. Despite the lapse of thirty (30) days, the Defendant failed to respond to the Plaintiffs' Request for production of Documents or answer the Interrogatories. . Order to the Request for Production of Documents. 8. The Defendant has not filed objections to the Request for Production of Documents. 9. Despite several written requests to respond to the Plaintiffs' Request for Production of Documents, the Defendant has not served responses. 10, The Defendant's Responses to Request for Production of Documents are necessary in order to properly prepare for the Defendant's deposition and for trial. 11, The Defendant is also required to verify any Answers to Interrogatories. Pa. R.Civ.P. 4006(a) (1). WHEREFORE, the Plaintiffs respectfully request that this Honorable Court issue an Order compelling the Defendant to provide unredacted, Responses to Request for Production of Documents, without objections, and a Verification to the An.wer to Interrogatories, within ten (10) days from the date of this Court's Order or suffer sanctions pursuant tj Pa, R,Civ.P, 4019. Respectfully submitted, , ) 6. On or about September 25, 1997, the Defendant .erved upon Plaintiff unverified Answer. to Interrogatorie., 7. The Defendant has not filed a Motion for Protective 8 RONCA, .C. By Charles E, Schm dt, Jr. Attorney I.D. '19198 Scott B, Coooper Attorney I,D. '70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for the Plaintiffs VBRIPICATION I, Charles E. Schmidt, Jr., verify that I am attorney of record for the Plaintiffs. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsifications to authorities. P.c. ~ , By: Charles E. Schmidt, Jr. Attorney for Plaintiffs I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 95 - 4409 I I I I I JURY TRIAL DEMANDED RICHARD J. GREENEY and CARMALENNE GREENEY, plaintiff. KAYAMBU MUTHURAMU, Defendant a.R~I.IaAT. O. ...VIe. AND NOW this Ilthday of November , 1998, I, Charles E. Schmidt, Jr., Esquire, hereby certify that I have this day .erved the foregoing Plaintiff.' Motion to Compel, by depoeiting a copy of the same in the United State. Mail, poetage prepaid, at Harrisburg, Pennsylvania, addres.ed tOI W. Matthew Reber, Esquire KELLEY, JASONS, McGUIRE' SPINELLI One Penn Center suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 BYI Charles E, Schmidt, Jr. Attorney 1.0. '19198 Scott B. Coooper Attorney 1.0. '70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for the Plaintiffs >- tn E r.~ ..::J , f~ '.. '. :.-~).- l.lj( , !::1 ( l:--I s,-![ . ~~ (j :~;; .- 14...: .... ..,.~ ' , (.;)~. "- \C, (.I} r:,' I tLlI. .';,0: G!~. :;0.. :-~~ iij C~.' f/ . '.' ,;~ - lJ, ~ :..::> 0 en u PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrlllen and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the foltowlng case: (Check one) ( x) for JURY trial at the next lerm of civil court. ) for trial without a jury, ............................................................................................................................................................................ CAPTION OF CASE (entire caption must be stated In full) RICHARD J. GREENEY and CARMALEENE GREENEY, (check one) Assumpsit Trespass !xx) Trespass (Motor Vehicle) (Plaintiff) -- (otherr---- ,- .. -,- VB, KAYAMBU MUTHURAMU, The trial list will be calted on .Febl:uaz:.y_ ~6, 199 (Defendanl) and ,____ , March 15, 1999 Trials commence on .. _'________,__ . Pretrials will be held on !_:~ruary ~.! 99. ~ (Briefs are due 5 days before pretrials.) (The party IIsllng this case for Irlal shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214,1,) vs, No, q'__'_ Civil _ ..A,409 _.,... 1995 Indlcale the allorney who will try case lor the party who flies this praecipe: Charle!l ,E,. ~~hmi~io1 Jri'h~f,hi~~:63~g.n-c~tto~~:~e~ID~~7gi982Q9 $tate S~reet;, Harrisburg, Indicate trial counsel for other parties If known: _,_~., ~~thew Reber, Esquire, Kelley, Jasons, McGuire & Spinelli, Suite 1400, One Penn Center, 1617 John F. -Kennedy-Boule.vard, ,Philadalphia,..PA..l9 03(215).854,.06 This case 15 ready lor trial. ER,' P.C. Signed: Char Print Name: Date: January 21, 1999 Allorney lor: Plaintiffs ~ II) r- C": ~!:: b .. :.-'",:: - ():,~ ~~ - :_):'-.. c,: , - i5~ ~:~~-=-J ~f ,'~ If) , or:) N -l;";."!' I, I...~Z c;:~: . rlUJ ...: -ntl.. ~ -,.-' 'J. 0' ~ <:' C1> U RICHARD J, GREENEY and CARMALENNE GREENEY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 4409 v. KAYAMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED NOTICE OF VIDEO DEPOSITION TO: Bruce Goodman, M.D. 1515 North Front Street Harrisburg, PA 17102 PLEASE ~ NOTICE that the deposition of Bruce Goodman, M.D., will be taken on Thursday, February 25, 1999, at 10:00 a.m. and continuing thereafter until completed before a Notary Public or other person authorized to take oaths by law, at the offices of Bruce Goodman, M.D., 1515 North Front Street, Harrisburg, Pennsylvania 17102. The deposition will be recorded by videotape with the aforesaid stenographic transcript. Accordingly, you are notified of the following: 1. The name and address of the person whose deposition is being taken is: Bruce Goodman, M.D. 1515 North Front Street Harrisburg, PA 17102 2. The name and address of the person(s) before whom the deposition is to be taken is: w. Matthew Reber, Esquire KELLEY, JASONS, McGUIRE & SPINELLI Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Charles E. Schmidt, Jr., Esquire Schmidt, Ronca & Kramer, P.C. 209 State street Harrisburg, PA 17101 3. The name and address of the videotape operator is: Bob Irvin 1 Sunny Lane Hershey, PA 17033 4. The name and address of the employer of the videotape is: Bob Irvin 1 Sunny Lane Hershey, PA 17033 I, CHARLES E. SCHMIDT, JR., am the attorney for the Plaintiffs in the above-captioned matter. I have prepared the above document for filing in this matter. I certify that I have read the document, and that there are good grounds to support, and that it is submitted in good faith., Respectfully submitted, CA &p~ER, P.C. ') t tr{t . Charles E. Schmidt, Jr. Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiffs By: cc: Pamela Packer, Court Reporter cc: Robert Irvin, Legal Video Specialist RICHARD J. GREENEY and CARMALENNE GREENEY, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 95 - 4409 v. KAY.AMBU MUTHUR1\MU, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ~a^G day of J(ln""\q~' , 1999, I, Charles E. Schmidt, Jr., Esquire, hereby certify that I have this day served the foregoing, by depositing a copy of the same in the United states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: W. Matthew Reber, Esquire KELLEY, JASONS, McGUIRE & SPINELLI Suite 1400, One Penn Center - 1617 John F. Kennedy Boulevard! Philadelphia, PA 19103/ i By: R, P.C. C ar es E. Sc t, Jr. Attorney I.D. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiffs \ I , \ ~ I I , I , I ! I , I 1 '~'~-~ ' ~ .. '.?.cf o N ,.~'!} 'tl :;.:". ",- 0:f H:'i 0: ()~ ~C;' If'1~''n trlt\'. ('oJ if~) ~'" ~':' :;t:i{i) \.I-':~ ~ {'\.}n.. 4~ -) ~ ") '0 ~ 0 KA V AMBU MUTHURAMU NO. 95.4409 CIVIL TERM 24. RICHARD J. GREENEV AND CARMALEENE GREENEV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA V ORDER OF COURT AND NOW, February 18,1999, counsel having failed to call the above case for trial, the case is stricken from the March 1999 trial list. Counsel may relist the case for trial when ready. By the Court, Geo e E. Hoffer, P. J. Charles E. Schmidt. Jr., Esq. For the Plaintiff (1\~ ~l?it.S ~-19 -q9 W. Matthew Reber, Esq. For the Defendant Court Administrator :bb Ji'Lu-.L //...) ?ftu-\-!v~~1L1 o{{,"c.r... );k, /9, ,97'9 ; , Schmidt and Ronca PC 209 State Street Harrisburg. Pennsylvania 17101 717/232-6300 Fax 717/232-6467 Attorneys and Counselors at Law February 23, 1999 The Honorable George E. Hoffer President Judge Cumberland County Courthous 1 Courthouse Square Carlisle, P 3-338 Greeney et ux v. Huthuramu Cumberland No. 95 of 4409 Thi~letter ~ ber settled. {ncerely yours, e that the above-referenced matter has CHMIDT,jRONCA & KRAMER, P.C. " - . '\ Char es E. Schmi , Jr. Attorney-at-Law CES/rkr cc: W. Matthew Reber, Esquire Richard J. Pierce, Court Administrator n_ I", r7i..~[;{i,:n~;i~ . ,~., f~'.'\ ~ ''''''1 "'j' . . "ihf1.;' 9:3 N:.'III I'U I.: n9 C'".t ('-: ,:..,..., J^rr\, i..':W,tJ;, 1.1,.',',.: t..l..;v,;" 1';~'I\I""\'L'lt"It.. ..... , h.' ~'I ., ~"\ RICHARD J. GREENEY and CARMALENNE GREENEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 95 of 4409 v. KAYAMBU MUTHURAMU, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACTION ON BEHALF OF THE PLAINTIFFS TO THE PROTHONOTARY: Please discontinue the above-captioned action on behalf of the Plaintiffs, RICHARD J. GREENEY AND CARMALENNE GREENEY, mark it settled with prejudice, and issue a Certificate of Settlement. Thank you. submi tted, I ,RONcA and KRAMER, P. C. I By: Charles E. Schmidt, Attorney 1.0. #1919 209 state Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiffs Dated: March 29, 1999 ;" fi CO' \~ CO' t .' - ~ 01 Lf) \ 'a: , '#. a:. F= ~ '6 $ ~