HomeMy WebLinkAbout95-05055
"<.;':;":"~'.",!%~.j'~.'
.
It
ROSE M, LAPORE, .
,
.
.
Plaintiff .
.
.
,
v, ,
,
,
,
CURTIS K, ZANKIEWICZ and .
,
EAST PENNSBORO EMS, a/k/a :
WEST ENOLA AMBULANCE .
,
SERVICE, INC, , ,
,
,
.
Defendants .
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
5 t1 J .5"''''- (i, '{ L, l ,J I t 11'--
NO, 1~i
JURY TRIAL DEMANDED
BOTIC! TO DBPBHD
You have been sued in court, If you wish to defend aqainst
the claims set forth in the followinq paqes, you must take action
within twenty (20) days after this Complaint and Notice are served,
by enterinq a written appearance personally or by attorney and
filinq in writinq with the Court your defenses or objections to the
claims set forth aqainst you. You are warned that if you fail to
do so the case may proceed without you and judqment may be entered
aqainst 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 riqhts
important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE 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 Courthouse - 4th Floor
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
ROSE M, LAPORE, , IN THE COURT OF COMMON PLEAS
,
, CUMBERLAND COUNTY, PENNSYLVANIA
.
plaintiff :
. CIVIL ACTION - LAW
.
v, ,
,
.
,
CURTIS It, ZAN1<IEWICZ and : NO.
EAST PENNSBORO EMS, a/k/a ,
,
WEST ENOLA AMBULANCE ,
,
SERVICE, INC" .
,
,
,
Defendants : JURY TRIAL DEMANDED
HOTIC:J:A
La han demandado a usted en la corte, si usted quiere
defenderse de estas demandas expuestas en las paginas sugnuientes,
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 previa
aviso 0 notificacion Y por cualquier queja 0 alivio que es pedido
en la peticion de demanda, Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted,
LLEVE ESTA oEMANOA A UN ABOGADO IMMEOIATEMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL OINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA OIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONOE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL,
Court Administrator
cumberland County courthouse - 4th Floor
One courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
ROSE M, LAPORE, I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff I
I CIVIL ACTION - LAW
v, I
I
CURTIS K, ZANKIEWICZ and I NO,
EAST PENNSBORO EMS, a/k/a I
WEST ENOLA AMBULANCE ,
,
SERVICE, INC" ,
,
,
,
Defendant. , JURY TRIAL DEMANDED
,
COIIPLAIII'1'
1, Plaintiff Ro.e M, Lapore i. an adult individual, citizen
of the COlllDonwealth of penn.ylvanill who resides at 208 Senate
Avenue, Apt, 218, Ca.p Hill, Penn.ylvania,
2, Defendant Curti. K, Zankiewicz i. an adult individual,
citizen of the Couonwealth of penn.ylvania who reside. at 282
Union street, Miller.bur;, Dauphin County, Pennsylvania,
], Defendant Ea.t Penn.boro EMS, a/k/a West Enola Ambulance
Service, Inc, i. a penn.ylvania corporation with a corporate
addre.. of 118 Che.ter Road, Enola, CUlIberland County,
Penn.ylvania.
4, The tact. and occurrence. hereinafter related took place
on or about April 27, 1995, in the rear parking lot of 208 Senate
Avenue, C..p Hill, CUaberland County, Penn.ylvania,
'"1I/LAO
5, At that time and place, Plaintiff Rose M, Lapore was
residing at the apartment complex located at 208 Senate Avenue,
Camp Hill, Pennsylvania,
6, At that time and place, Plaintiff Rose M, Lapore was
walking across the rear parking lot of 208 Senate Avenue.
7, At that time and place, Defendant CUrtis K, Zankiewicz
was operating the ambulance, while in the scope and course of his
employment for Defendant East pennsboro EMS, a/k/a West Enola
Ambulance Service, Inc,
8, At that time and place, Defendant curtis K, Zankiewicz
backed-up the ambulance, struck Plaintiff Rose Lapore causing
Plaintiff Rose Lapore to fall to the ground.
.
COUB'l' I
Rose M. Lanore v. curtis K. Zankiewicz
9, The foregoing accident and all of the injuries and
damages set forth hereinafter sustained by Plaintiff Rose M, Lapore
are the direct and proximate re.ult of the negligent, careles.,
wanton, and reckless conduct of Defendant curtis K, Zankiewicz as
follows:
Ca> failure to keep alert and maintain a proper watch
for the presence of pedestrians who might be in the
parking lot;
:2
wanton, and reckless conduct of Defendant East Pennsboro EMS, a/k/a
West Enola Ambulance Service, Inc. as follows:
Ca) hiring and retaining a driver whom it was aware or
should have been aware was not competent and
qualified to operate an ambulance and who did not
exercise the increased care and precautions
necessary with an ambulance;
Cb) permitting its employee to operate an ambulance,
although it knew or should have known that he did
not have the training, experience, and judgment to
adequately control and operate the ambulance;
Cc) permitting its employee to drive the ambulance,
although it knew or should have known that he was
careless or reckless in the operation of the
ambulance;
Cd) failing to properly test, train and supervise the
operation and use of vehicles in furtherance of
Defendant West Enola Ambulance Service, Inc,'s
interests; and
Ce) failing to properly inspect the premises for
situations or conditions that might pose a hazard
to persons in the area,
CLAIM I
Rose M. tapore v, CUrtis K, Zankiewicz and
East pennsboro EMS. a/kJa West Enola Ambulance Services. Inc.
11, Paraqraphs 1 through 10 of Plaintiff's Complaint are
incorporated herein by reference.
12, As a direct and proximate result of the aforementioned
accident, Plaintiff Rose M, tapore sustained painful and severe
injurie., which include, but are not Haited to, a clo.ed head
4
injury with traumatic subarachnoid hemorrhaqe, fracture of the left
zyqomatic arch and multiple contusions and abrasions,
13, As a result of the injuries sustained, Plaintiff Rose M,
tapore was forced to incur liability for medical treatment,
medications, hospitalizations, and similar miscellaneous expenses
in an effort to restore herself to health, and claim is made
therefor,
14, Because of the nature of her injuries, Plaintiff Rose M,
tapore has been advised and, therefore, avers that she may be
forced to incur similar expenses in the future, and claim is made
therefor.
15. As a result of the aforementioned collision and resultinq
injuries, Plaintiff Rose M, tapore has underqone and in the future
will underqo qreat physical and mental sUfterinq, qreat
inconvenience in carryinq out her daily activities, loss of life's
pleasures and enjoyment, and claim is made therefor.
16, As a result of the aforementioned collision and resultinq
injurie., Plaintiff Rose M, tapore has been and in the future will
be subject to qreat humiliation and embarrassment, and claim is
lIIade therefor,
17, Plaintiff Ro.e M, tapon continues to be plaqued by
persistent pain and limitation and, therefore, avers that her
5
RAPP, JRATICILLI , ULRICH
BY: FREDERICK W, ULRICH, ESQUIRE
6400 Flank Drive, suite 900
Harrisburg, PA 17112
(717) 541-8990
Attorney I,D, No, 44855
ROSE M, LAPORE,
Plaintiff
v,
-- .-..--
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
,
,
,
,
:
.
.
CURTIS K, ZANKIEWICZ and EAST NO. 95-5055 CIVIL TERM
PENNSBORO EMS, a/k/a WEST
ENOLA AMBULANCE SERVICE, INC.,:
Defendants JURY TRIAL DEMANDED
BRTRY 01' APPBARAlfCI
TO THE PROTHONOTARY:
Kindly enter this appearance on behalf of Defendants,
curtis K, zankiewicz and East pennsboro EMS, a/k/a West Enola
Ambulance Service, Inc., in the above-captioned case.
Please note our demand for trial by jury.
Respectfully submitted,
RAPP, JRATICILLI , ULRICH
-,
BY: l L/- "-
FREDERICK W. ULRICH, ESQUIRE
(Attorney for Defendants)
RAPP, rRATICBLLI , ULRICH
BY: FREDERICK W, ULRICH, ESQUIRE
6400 Flank Drive, suite 900
Harrisburq, PA 17112
(717) 541-8990
Attorney I.D, No, 44855
ROSE M. LAPORE,
Plaintiff
,
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
,
,
,
v,
:
.
,
CURTIS K, ZANKIEWICZ and EAST :
PENNSBORO EMS, alkla WEST
ENOLA AMBULANCE SERVICE, INC,,:
Defendants
NO. 95-5055 CIVIL TERM
:
.
.
JURY TRIAL DEMANDED
PROOF OF SERVICB
I hereby certify that I am this day servinq a true and
correct copy of the foreqoinq document upon the persons and in the
manner indicated below, which service satisfies the requirements of
Pa, R,C,P. 440 and related provisions:
Service bv First-Class Mail
Postaae PreDaid.
Addressed as Follows:
Richard A, Sadlock, Esquire
ANGINO AND ROVNER, P,C.
4503 North Front Street
Harrisburq, PA 17110
(Attorney for Plaintiffs)
DATE:
\C\\l\'\<"
'") ", l-_ / ~-_
FREDsRICK W, ULRICH, ESQUIRE
6400 Flank Drive, suite 900
Harrisburq, PA 17112
(717) 541-8990
Attorney I,D, No. 44855
f
SHERIFf'S I\ETURH - REGULAR
CASE NO: 1995-05055 P
COMMONWEALTH Of PENNSYLVANIA:
COUNTY Of CUMBERLAND
LAPORE ROSE M
VS.
ZANKIEWICZ CURTIS K ~T AL
STEVE M WHISTLER ___________. Shenff Qr ['eputy Shc>nff ot
CUMBERLAND County, Pennsylvanla, who belng duly sworn aCCQrdlnq
to law, says, the wlthln ~.l1.fLAINT_____,_________
r:erv~cf
waD
upon EA~T, PENNSBORO EMS ~/K/A WES'T:_~.!WLA._!>M].ULAN~L~,ERVI(E INC the
defendant, at
1415:\'10 HOURS,
on the :7_!Jl day of Sepl;sembe,__
1995 at __J 18 CHESTER ROA['
ENOLA. PA 170:25
, C.UMB~Rl,AIU~____
County, Pennsylvanla, by handwg t_.o J,EMi!:!.!LWEBER EML___
a true and attested copy 01 the
CUMt LAIN_T.______________
-. ,-.. -~-_._.- .'
and at the same tlme dlrectlno tl~r, attentlon to the contents thereof.
Sherlft's Cost~:
Docketlng
SerVlce
AffldavH
Surcharge
So an6w,?rs: ~ . ~A
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H, -ThQlna7-KTlr,e-;u"'7'f,c.Tlfr u_____
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COMMONWEAI.l'lI OF PENNA:
COUNTY OF DAUPIIIN:
SIIEIUFI"S RETURN
NC). 95-5055 Civil Action
PAUl' 528
AND NOW: oct. 5th
19 95 ,lit 3:00 p,\1.
SERVED TilE
WITHIN
_Cani?~~!lt~~. NC?tice
UPON
Curtis K, Zankiewicz IIY PERSO:-iALJ.Y
HANDING TO Curtis K, Zankiewicz, Defendant
A TRUE ATTESTED COPY OF THE ORIGINAl. complaint and notice
AND MAKING KNOWN TO him
THE CONTENTS TIIEREOF AT his dwelling
place, 282 Union St. Millersburg, pa.
SO ANSWERS
~~ . ~:"'AA~
SHER-IFF OF ~~H IN' COUN~PENNA
llY cl,.._~\j[ O~
DEPUTY SIIERIFF
Sworn and RuhsCl'ib..(j I..
ul'ior(> ml' this 6th d.1Y lit Oct. III 95
0tfD.~1J,tJ C'- ()" .
,- PROl'II0NOTAR~ l{n~!~!U
SltlRIIT'~ \'0:0- r ,31'-00
S lA
,
.
.'
5HEEIFF'~ RETURN
j-tUT fJF 1~!Jl_;r~TY
CASE NO: 1995-05055 r
COMMONWEALTH Of PENNSYLVANIA:
COUNTY OF CUMBERLAND
LAPORE .RO~L!L _____.___.~
'JS.
ZANKIEwrc:.: DlJIT.JSJLE1:...-AL______
.J:L.JhC1.'!'.'!L...Ii.LU1E' ______ ._
Sh'}llff,
whl'
b~lr\g duly 3W(lrn acc('rdtrl~
to law, Sijys, that he rnad(? '3 dlllf~H:"f1t s':?arch i:in'::! Jfl'lu.U), t'_ll ttl';_~ ....It.hln
named defendant,
tn
WIt:
~ANt;I;_~_Jg~l!..R TJ_~_L___
but vas unable to locate
____It.!~__,_____ In hI: ba1,:,::"wlcJ..-:.
HE- t:her~>.t"rC'
deputl=ed the sherIlf of
r"':~l!iIN______ ('Qur;ty, F'€.r,nsyl'.';:)nl.d.
to serve !,hE> WI thIn _~9MPLUNT ________________
..-. .._--~------.---._------ ._---_._--,.__...~ ----".-. .--.------------,.-------
On
Oct.9J,--'''L___J\.1!J:!L .L995.
thlB
;)if Ice 'lias ln
rer:."elt:.,t of
t he at t ac hed re t ur n f r >J m ________,Ph.1.,LP!LLNH______
.m__ Ce,unty, Pennsylvanl,'l.
Sherlfi's Casts:
.:;':' answer:?:
[locket lOq
Out_ of '~o\Jnt y
Surch~rQE'
['AUPH IN' '_-'-,UNTY
113,1/10
'3.00
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Psnr:syl'lc:r:k:
Rose M. Lapore
'is.
curtis K. Zankiewicz
:?-
~o.
95-5055 Civil Term
-----.
:-low,
Sent. 22, 1995
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RAPP, JRATICELLI , ULRICH
BY: FREDERICK W. UI.RICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburg, PA 17112
(717) 541-8990
Attorney I,D, No, 44855
ROSE M, LAPORE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
CURTIS K. ZANKIEWICZ and EAST NO. 95-5055 CIVIL TERM
PENNSBORO EMS, a/k/a WEST
ENOLA AMBULANCE SERVICE, INC.,:
Defendants JURY TRIAL DEMANDED
NOTICB TO PLBAD
TO: PLAINTIFF ROSE M. LAPORE
c/o Richard A. Sadlock, Esquire
4503 North Front street
Harrisburg, PA 17110
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER
WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF
THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
RAPP, PRATICELLI , ULRICH
DATE:
\: h,\'\-:>
"
B'\(: -, l \./- ~
PkEDERICK W. UI.RICH, ESQUIRE
(Attorney for Defendants)
RAPP, PRATICELLI , ULRICH
BY: FREDERICK W, UI.RICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburg, PA 17112
(717) 541-8990
Attorney I,D, No, 44855
ROSE M, LAPORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
:
CURTIS K, ZANKIEWICZ and EAST NO. 95-5055 CIVIL TERM
PENNSBORO EMS, a/k/a WEST :
ENOLA AMBULANCE SERVICE, INC.,:
Defendants JURY TRIAL DEMANDED
DBPENDANTS' ANSWER TO PLAINTIPP' S COMPLAINT
WITH NEW MATTER
1, Admitted in part and denied in part. Defendants admit
the identity of Plaintiff. However, the remainder of this averment
is denied as after reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this portion of the averment and
accordingly deny the same,
2. Admitted,
3. Admitted,
4, Admitted,
5. Denied, After reasonable investigation, Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
salDe,
6,
Denied.
After reasonable investigation, Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same.
7, Admitted in part and denied in part. It is admitted that
on April 27, 1995, Defendant, Curtis K. Zankiewicz, was operating
an ambulance, The remainder of this averment constitutes a
statement or conclusion of law to which no responsive pleading is
required under the Pennsylvania Rules of civil Procedure.
8. Admitted in part and denied in part. It is admitted by
Defendant, Curtis K. Zankiewicz, that when the ambulance was
backing up with its lights activated and warning beeper activated,
the crew heard a bump, the ambulance was immediately stopped, and
the Plaintiff was found at the rear of the ambulance on the ground,
As to the details of how the Plaintiff was struck, after reasonable
investigation, the Answering Defendants are without sufficient
knowledge or information to form a belief as to the truth of this
portion of the averment and accordingly deny the same.
COUNT I
Rose N, LaDore v, Curtis K. zankiewicz
9.(a-j) Denied, This averment and its subparagraphs
constitute statements or conclusions of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil
Procedure. To the extent that this averment and its subparagraphs
could in anyway be deemed factual, after reasonable investigation,
the Answering Defendants are without sufficient knowledge or
information to form a belief as to the truth of this portion of the
averment and accordingly deny the same.
2
14, Denied, After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same,
15. Denied, After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same,
16. Denied. After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same,
17. Denied. After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same,
18. Denied. After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
same.
19, Denied. After reasonable investigation, the Answering
Defendants are without sufficient knowledge or information to form
a belief as to the truth of this averment and accordingly deny the
WHEREFORE, it is respectfully requested that judqment be
entered in favor of the Defendants, Curtis K. Zankiewicz and East
4
pennsboro EMS, and against Plaintiff, together with such other
relief as deemed appropriate and just,
HEW MATTER PURSUANT TO PA,R,C,P" Rule 1030. 42 PA,C.S,A,
20, The Plaintiff's cause of action against Defendants is
barred because of Defendant East Pennsboro EMS's governmental
immunity under 42 Pa, C,S,A, 58541, ~, ~.
21, The Pennsylvania Motor Vehicle Financial Responsibility
Act, 75 Pa, C,S. 51701, gt. ~. is applicable to the claims set
forth in Plaintiff's Complaint and Defendants assert all right and
defenses they may have under these laws,
22. Plaintiff's recovery in this action is limited by and
pursuant to the provisions of the Pennsylvania Motor Vehicle
Financial Responsibility Law, 75 Pa, C,S,A 51722 and 51766(e), and
Plaintiff may not recover amounts paid pursuant to these laws.
23. Plaintiff's claims are barred by reason of Plaintiff's
negligence, which negligence was the cause of her injuries and the
other damages claimed.
24, The causal negligence of Plaintiff was greater than the
total negligence, if any, of Defendants and accordingly, any
recovery by plaintiff as against Defendants is barred or must be
reduced in accordance with the Pennsylvania Comparative Negligence
Act, 42 Pa, C.S. 57102. Alternatively, any recovery arising from
Plaintiff's cause of action must be reduced in dccordance with that
Act.
25. Plaintiff's claims are barred by reason of Plaintiff's
conscious and knowing assumption of the risk of harm allegedly
5
VERIPIC~TION
I , !-ISM t1 J1 Q Pi. 5.
, of East Pennsboro EMS, a/k/a
West Enola Ambulance service, Inc" hereby verify that the facts
set forth in the foregoing document are true and correct to the
best of my knowledge, information and belief and this verification
is made subject to the penalties of 18 Pa. C.S. 54904 relating to
unsworn falsifications to authorities,
v
,
Enola
/Ems
of East pennsboro
Ambulance service,
A /L
EMS,
Inc.
VBRIJ'ICA'l'IOlf
I, CUrtis K. Zankiewicz, hereby verify that the facts set
forth in the foregoing document are true and correct to the best of
my knowledge, information and belief and this verification is made
subject to the penalties of 18 Pa, C,S, 54904 relating to unsworn
falsifications to authorities,
~6<~ -
CURTIS K' ZANKI ;"@.
RAPP, ~RATICELLI , ULRICH
BY: FREDERICK W, ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
HarriSburg, PA 17112
(717) 541-8990
Attorney I,D. No. 44855
ROSE M, LAPORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
CURTIS K, ZANKIEWICZ and EAST NO, 95-5055 CIVIL TERM
PENNSBORO EMS, a/k/a WEST
ENOLA AMBULANCE SERVICE, INC,,:
Defendants JURY TRIAL DEMANDED
PROOF OF SERVICE
I hereby certify that I am this day serving a true and
correct copy of the foregoing document upon the attorney of
record and in the manner indicated below, which service satisfies
the requirements of Pa. R,C.P. 440 and related provisions:
Service bv First-Class Mail
Postaae Prenaid.
Addressed as Follows:
Richard A. Sadlock, Esquire
ANGINO AND ROVNER, P,C.
4503 North Front Street
HarriSburg, PA 17110
(Attorney for Plaintiffs)
DATE:
~!,
(,--/ (.
FREDtRICK W, ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
HarriSburg, PA 17112
(717) 541-8990
Attorney 1.0. No. 44855
\ :'..,\ h ~>
lAPP, PRATICBLLI , ULRICK
BY: FREDERICK W, ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburq, PA 17112
(717) 541-8990
Attorney I,D, No, 44855
ROSE M, LAPORE,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
,
,
CURTIS K. ZANKIEWICZ and EAST: NO, 95-5055 CIVIL TERM
PENNSBORO EMS, a/k/a WEST :
ENOLA AMBULANCE SERVICE, INC.,:
Defendants : JURY TRIAL DDL~DED
,
,
CBRTIPICATB OP SBRVICB
I, FREDERICK W, ULRICH, ESQUIRE, attorney for Defendants,
certify that an oriqinal and two (2) copies of Defendants' First
Set of Interroqatories and Request for Production of Documents
addressed to Plaintiff in the above-captioned matter was served
upon RiChard A, Sadlock, Esquire, Anqino , Rovner, P.C" 4503 North
Front Street, HarriSburg, Pennsylvania 17110, by placing same into
the general delivery mail on this 13th day of November, 1995,
Respectfully submitted,
lAPP, PRATICBLLI , ULRICK
,
, ,
BY: ,( ie. / L
FREDERICK W. ULRICH, ESQUIRE
(Attorney for Defendant)
22, Defendants' averment is a conclusion of law to which no
responsive pleading is required, To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, all of Plaintiff's injuries and damages are
recoverable in the instant action. The Pennsylvania Motor Vehicle
Financial Responsibility Law in no way limits the damages Plaintiff
may recover herein.
23, Defendants' averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, Plaintiff was not negligent in any way, All of
Plaintiff's injuries and damages were caused solely and directly as
a result of the negligence, carelessness, wantonness and
recklessness of the instant Defendants,
24. Defendants' averment is a conclusion of law to which no
responsive pleading is required, To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, as previously indicated herein, Plaintiff was not
negligent in any way, Therefore, the Pennsylvania Comparative
Negligence Act does not apply to the instant action, Further, all
of Plaintiff'e injuries and damages are recoverable in the instant
action and are in no way reduced.
25, Defendants' averment is a conclusion of law to which no
responsive pleading is required, To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, Plaintiff did not assume the risk of her injuries,
Further, as previously stated herein, Plaintiff was not negligent
or careless, All of Plaintiff's injuries and damages are
recoverable in the instant action.
26, Defendants' averment is a conclusion of law to which no
responsi ve pleading is required, To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, the provisions of 42 Pa.C.S.A. S 8553 do not apply
herein,
27, Defendants' averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, the provisions of 42 Pa,C,S.A. SS 8541, 8542, and
8545 do not apply herein.
28, Defendants' averment is a conclusion of law to which no
responsi ve pleading is required, To the extent the averment may be
deemed factual, it is hereby specifically denied, By way of
amplification, Plaintiff's Complaint was filed well within the
applicable statute of limitations.
29. Defendants' averment is a conclusion of law to which no
responsive pleading is required. To the extent the averment may be
deemed factual, it is hereby specifically denied. By way of
amplification, all appropriate notice was given to the instant
"
VERIFICATION
I, ROSE M, LAPORE, Plaintiff have read the foregoing
PLAIBTI~~'8 RBPLY TO HBW MATTER and do swear or affirm that the
facts set forth in the foregoing are true and correct to the best
of my knowledge, information and belief. I understand that this
Verification is made subject to the penalties of 18 Pa,C.S,A"
Section 4904, relating to unsworn falsification to authorities,
"
C4-</ )}/-llt'<
eM, Lapore
u-
Date:
...-
{Ln lb. (q9!:J
75999/MLM
CBRTI.ICATE 0' SERVICE
I, Marcy L, Moyer, an employee of the law firm of Angino &
Rovner, P,C" do hereby certify that I am this day serving a true
and correct copy of PLAINTI"'S RBPLY TO HB1f HATTBR on the
following via postage prepaid, first class Unitod states, requested
addressed as follows:
Frederick W, Ulrich, Esquire
Rapp, Fraticelli & Ulrich
6400 Flank Drive, Suite 900
Harrisburg, PA 17112
;(!l~~"I,f~
Mar y L. Moyer
Date: November 14, 1995
ROSE M. LAPORE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
CURTIS K. ZANKIEWICZ and
EAST PENNSBORO EMS, a/k/a
WEST ENOLA AMBULANCE
SERVICE, INC"
NO. 95-5055 Civil Term
Defendants
JURY TRIAL DEMANDED
P R A Ii: C I P Ii:
TO THE PROTHONOTARY:
Please mark the above-captioned action as settled,
satisfied, and discontinued and issue a Certificate of Settlement.
ANGINO & ROVNER
--
-----------
----
.-------
A. Sadlock, Esquire
LD. No, 47281
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: February 17, 1997
cc: Frederick W. Ulrich, Esquire
76702/MLM