HomeMy WebLinkAbout95-06431
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ IBRAHIM and SILVA IBRAHIM'I'l/
his wife, .13 co 0 14 G I!~~ It -t'~e." '0. .
CA__IY"'1"~' P,l l'.iIO~
Plaintiffs,
CIVIL DIVISION
VS.
NO. q'J-~" '/3/ (I,,;,:.J -r~
JOHN MALONE and MONICA MALONE,
PRAECIPE TO JS8UE
WRIT OF SUMMONS IN A
CIVIL ACTION
Defendants.
Flied on Behalf of Plaintiff
Counsel of Record for this Party:
H. Barry Bier, Esquire
1414 Grant Bulldlns
Pittsburgh. PA 15219
(412) 391-0606
PA ID 118120
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I)ENNSYLVANIA
FARAJ IBRAWM and SILVA IBRAHIM,
his wife,
Plaintiffs,
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CIVIL DIVISION
vs.
JOHN MALONE and MONICA MALONE,
Defendants.
PRAECIPE TO ISSUE WRIT OF SUMMONS IN A CIVIL ACTION
TO THE PROTHONOTARY:
Please Issue a writ of summons In a civil aCllon In the above captioned case.
Respectfully submitted.
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II. Barry 81 '-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I)ENNSYLVANIA
FARAJ IBRAHIM and SILVA IBRAIUM,
his wife,
CIVIL DIVISION
Plaintiffs,
vs,
NO. 95-643\ Civil Term
JOHN MALONE and MONICA MALONE.
AFFIDA VIT OF SERVICE
Defendants.
Flied on Behalf of Plaintiff
Counsel of Record for this Party:
H. Barry Bier, Esquire
\4\4 Granl Building
Pittsburgh, PA 152\9
(4\2) 39\-0606
PA 10 '18120
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Sworn 10 and Subscribed before me a Notary Public:
My Commission Expires:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
CIVIL DIVISION
QS
No. ,H-6431
v.
PRAECIPE FOR RULE
TO FILE COMPLAINT
JOHN MALONE and
MONICA MALONE,
Issue No.:
Defendants.
Code:
Filed on Behalf of:
Defendants,
John Malone and
Monica Malone
CHARLES A. BUECHEL JR., ESQ.
PA 1.0. 1118010
GROGAN, GRAFFAM, McGINLEY
& LUCCHINO, P.C.
Firm 1.0. 11072
JURY TRIAL DEMANDED.
Three Gateway Center
22nd Floor
Pittsburgh, PA 15222
(412) 553-6300
Our File 1164308/00001
CAb U6711-1 hUUI
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
No. 94-6431
v.
JOHN MALONE and
MONICA MALONE,
Defendants.
NOTIC8 OP s.aVIC8
TO: PROTHONOTARY
Take notice that the original and one (1) copy of the
Interrogatories Directed to Plaintiffs Propounded by Defendants
and Request
First-Cl~ss
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for Production of Documents have been~~bY U.S.
mail, postage prepaid on this'~ day of
, 1996 to the following counsel of record:
H. Barry Bier, Esquire
1414 Grant Building
Pittsburgh, PA 15219
CAa I 11l0l. I 64101
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IN TIIB COUR'I' 01" COMMON "l,llIIS Ol' CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ InRAllIM Ilnd
SILVA InRAIlIM, hi" wHo,
2300 Old oroontroo Rond
Carnogio, VII 15106
Plaintil'[u,
CIVIL DIVISION
No. 94-6431
v.
PRAECIPE FOR RULE
TO FILE COMPLAINT
JOliN MIILONI~ and
MONICA MIILONll,
Issue No.:
Defendants.
Code:
Filed on Behalf of:
Defendants,
John Malone and
Monica Malone
CHARLES A. BUECHEL JR., ESQ.
PA I. D. 1118010
GROGAN, GRAFFAM, McGINLEY
& LUCCHINO, P.C.
Firm 1.0. 11072
JURY TRIAL dkMANDBD.
Three Gateway Center
22nd Floor
Pittsburgh, PA 15222
(412) 553-6300
Our File 1164308/00001
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IN THB COURT OF COMMON PLBAS OF CUMBERLAND COUNTY I PENNSYLVANIA
CIVIL DIVISION
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
v.
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No. 94-6431
JOHN MALONE and
MONICA MALONE,
Defendants.
PRAECIPE FOR RULE TO FILE COMPLAINT
TO: PROTHONOTARY
Kindly issue a Rule to Plaintiffs to file a Complaint
in the above-captioned matter.
Respectfully submitted
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CA! 116117-1 64101
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~ APR 05 1996 fYIJ
AFFIDAVIT OF SERVICE
COMMONWBALTH OF PBNNSYLVANIA
COUNTY OF ALLEGHENY
SSI
Before me the undersigned authority, in and for the
above-named County and Commonwealth, personally appeared
Kimberly D. Checkeye, who first being duly sworn according to
law, deposes and says that she served a true and correct copy
of the Rule to File a Complaint to H. Barry Bier, Bsquire, 1414
Grant Building, pittsburgh, PA 15219, certified mail, return
receipt requested, and that the same was received by him as
evidenced by the attached copy of the
return receipt card.
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BRLY D. CHECKBYB
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SWORN andISUBSCRIB~ before me
this .L:1!:. '-day of -"-.,) L<-(
1996.
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IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY. PENNSYLVANIA
PARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
CIVIL DIVISION
Plaintiffs,
No. :~6431
COMPLAINT IN
CIVIL ACTION
vs.
JOHN MALONE and
MONICA MALONE,
Issue No.:
Code: 011
Defendants.
Piled on Behalf of Plaintiffs:
FaraJ Ibrahim and Silva Ibrahim
Counsel of Record for this I'arty:
H. Barry Bier, Esquire
1414 Grant Building
Pittsburgh, I'A 15219
(412) 391-0606
PA II> #18120
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
FARAJ IBRAHIM and
SILVA IBRAHIM. his wife.
2300 Old Greentree Road
Carnegie. PA 15106
Plaintiffs.
vs.
JOHN MALONE and
MONICA MALONE.
Defendants.
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CIVIL DIVISION
No.: 94.6431
NOTICE TO DEFEND
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 allorney
and filing In writing with the court your defenses or objections to the claims set forth against
you. You are warned that If you fall to do so the case may proceed without you and a
judament 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.
LAWVER REFERRAL SERVICE
The Alleaheny County Bar Assocl.tlon
910 CIty-County Bulldlnl
Plttsbu...h. PA ISl19
Telephollel(411116l..oSl8
NOTlCEI YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTV (10)
DA VS OR A JUDGMENT FOR THE AMOUNT CLAIMED MA V BE
ENTERED AGAINST YOU BEFORE THE IIEARING.
4, ,~
4. AI or aboul Ihe same lime Ihc Defendanl. Monica Malonc. was operallng a
vehicle owned by Defendanl. John Malone. Inlhe Coullly of Cumberland. Commonweallh of
Pennsylvania, onllllerslale 81.
S. At all times malerial to this Complaint. Monica Malone was acting on her own
behalf and that of the Defendant, John Malone.
6. AI a point on said Interslale 81, the Defendant. Monica Malone. operated said
vehicle in such careless. reckless, and negllgelll manner so as 10 cause same 10 collide with
the motor vehicle being operated by Plaintiff. faraj Ibrahim. causing Plalnliff 10 be thrown
In and about said mOlor vehicle causing Plaintiff. faraj Ibrahim. 10 suslaln serious personal
Injuries and causing property damage to said molor vehicle.
7. The Plaintiff, faraJ Ibrahim, avers Ihat the aforesaid collision resulting In
personal Injuries and property damage was caused !IOlely and proxlmalely by the negligence
of the Defendants, John Malone and Monica Malone, generally and as more specifically set
forth In the following respects:
(a) In failing to have the vehicle under proper comrol:
(b) In continuing to operate the vehicle In a direction loward the Plaintiff
whenlhe Defendallls saw or In the exercise of reasonable diligence
should have seen that furlher operation in lhat direction would resull In
a collision:
(c) In thai the drlvcr was Inattentive and failed to lIIahllaln a sharp lookout
of Ihe road and condlllon of the traffic surrounding him;
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(a) He has suffered and will suffer shock and Injury 10 his nerves and
nervoUs syslem;
(b) He has suffered and will suffer inlense physical and melllal
anguish and greal Inconvenience;
(c) He has been and will be deprived of the ordinary pleasures of life;
(d) He has been compelled to undergo great pain. anguish. and distress;
(e) He has suffered loss of earnings and earning capacity;
COUNT II
Sliva Ibrahim vs. John Melone and Monica Malone
10. Wife, Plaintiff, Incorporates paragraph 1 lhrough 9 as if the same were fully sel forlh
herein.
11. Solely due to husband, Plaintiff's, Injuries, wife Plaintiff has sustained the following
damages:
(a) She has been deprived of the affecllon, services, and companionship of
her husband.
WHEREFORE, lhe Plaintiff, Faraj Ibrahim, demands judgmenl against the
Defendants, In an amount in ekcess of Twenty-Five Thousand ($25, OOO.OOl Dollars.
Respectfully Submitted,
;/l )
H. Barry Hler, Esqulre',\
A\lorney for Plaintiff )
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VRRII'ICATIOII
I hereby acknowledge that I have read the foregoing and the
facts stated therein are true and correct to the best of my
knowledge, information and belief. I understand that any false
statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Datel
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FAJAR IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie. PA 15106,
Plaintiffs,
CIVIL DIVISION
9S
No.: GD "'--6431
VI.
Defendanll,
NOTICE OF SERVICE
OF INTERROGATORIES
AND PRODUCTION OF
DOCUMENTS DIRECTED
TO DEFENDANTS
JOHN MALONE and
MONICA MALONE,
Flied on behalf of Plaintiff:
Faraj Ibrahim and Sliva Ibrahim
Counlel of Record for this Party:
H. Barry Bier, Esquire
1414 Grant Building
Pitllburgh, PA 15219
(412) 391.0606
PA, I.D. #18120
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
,- FAJAR IBRAHIM and )
;
SILVA IBRAHIM, his wife, )
c 2300 Old Orectrcc Road )
Carneale, PA 15106, )
)
Plaintiffs, )
)
VS. )
)
JOHN MALONE and )
MONICA MALONE, )
)
Defendants. )
CIVIL DIVISION
No.: 00 94-6431
NOTICE OF 8~IIVICE OF INTERROGATflIl~ AND PRODUCTION OF
DOCUMENTS DIRECTED TO JOHN MALONE AND MONICA MALONE
TO: The Prothonotary
TAKE NOTICE that Interrogatories and Production of Documents to Defendants,
John Malone and Monica Malone were served on all Defendants by regular U.S. mall.
postage prepaid on this 26th day of April, 1996.
Respectfully Submitted.
k In) ~ ( )
. Barry Bier. Esql!~ ''--,
Counsel for Plalnllff-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ IBRAHIM and
SILVA IBRAHIM. his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs.
CIVIL DIVISION
No.: )l6431
AmDA VIT OF SERVICE
VS.
JOHN MALONE and
MONICA MALONE,
Issue No.:
Defendants.
Code: 011
Flied on Behalf of Plaintiffs:
FaraJ Ibrahim and Sliva Ibrahim
Counsel of Record for this Party:
H. Barry Bier, Esquire
1414 Grant Building
Pittsburgh. PA 15219
(412) 391-0606
PA ID #18120
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ IBRAHIM and ) CIVIL DIVISION
SILVA IBRAHIM, his wife, )
2300 Old Oreenlree Road, ) No.: 94-6431
)
.. Plaintiffs. )
)
VS. )
)
JOHN MALONE and )
MONICA MALONE. )
)
Defendants. )
AFnDA VIT OF SERVICE
I, H. Barry Bier, Esquire, hereby acknowledge and slale that I did serve a true and
correct copy of the original Complaint flied In the within captioned case upon counsel for
Defendants, Charles Buechel, Jr., Esquire, by regular first-class mall, poslaie pre-paid, on
the 26th day of April, 1996.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
CIVIL DIVISION
v.
No. .~6431
NOTICE OF SERVICE OF
DEFENDANTS' ANSWERS TO
PLAINTIFFS' INTERROGATORIES
JOHN MALONE and
MONICA MALONE,
Defendants.
Issue No. :
Code:
Filed on Behalf of:
Defendants,
John Malone and
Monica Malone
CHARLES A. BUECHEL JR., ESO.
PA I.D. 1t18010
GROGAN, GRAFFAM, McGINLEY
" LUCCHINO, P.C.
Firm 1.0. *072
JURY TRIAL DEMANDED.
Three Gateway Center
22nd Floor
Pittsburgh, PA 15222
(412) 553-6300
Our File *64308/00001
eAR 192116.164101
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3. The following paragraphs of the Plaintiffs'
Complaint are denied I 6, 7, 8, and 9.
4. Paragraph 3 of the Plaintiffs' Complaint ie
admitted in part and denied in part. It is admitted that on or
about November 28, 1993, the Plaintiff Faraj Ibrahim was
operating a motor vehicle on Interstate 81 in Cumberland
County, Pennsylvania. The remaining allegations of paragraph
3 are denied.
5. The allegations of paragraph 5 are admitted in
part and denied in part. It is admitted that Monica Malone was
acting on her own behalf at the time of the incident that
occurred in this lawsuit. The remaining allegations of
paragraph 5 are denied.
COUIIT II
6. In response to paragraph 10 of the Plaintiffs'
Complaint, these Defendants incorporate by reference hereto all
answers, responses to the Plaintiffs' paragraphs 1 through 9 of
the Complaint as if the same were set forth herein at length.
7. The allegations of paragraph 11 of the
Plaintiffs' Complaint are denied.
WHEREFORE, these Defendants deny that they are liable
to any party or parties in any sum or sums whatsoever.
('AD 191209-1 64101
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8. The Defendants aver that the items of damage set
forth in Plaintiffs' Complaint are not proper under the
Pennsylvania Motor Vehicle Financial Responsibility Act and
avers that said items have been or could have been reimbursed
to the Plaintiffs by another and should not be included in the
present lawsuit.
9. The Defendants aver that the Plaintiffs'
Complaint fails to state a cause of action against the
Defendants under the terms and provisions of the Pennsylvania
Motor Vehicle Financial Responsibility Act.
10. The Plaintiffs' claims for damages in this
action are fully or partially barred by the Pennsylvania Motor
Vehicle Financial Responsibility Act (hereinafter the "Act"),
and case law interpreting the Act. In the alternative, the
Defendant avers that pursuant to the Act and case law
interpreting the Act, some or all of the Plaintiffs' expenses
for medical treatment and lost wages, if any, have been paid or
are payable by the Plaintiffs' own insurance company or
companies and, if any of those alleged expenses and/or wages
are permitted to be introduced into evidence is items of
damages, and if a verdict is entered in the Plaintiffs' favor,
the Defendants claim a right of set-off against the verdict for
an amount equal to those sums which have been paid by the
Plaintiffs' own insurancE: company or companies and the same are
asserted as an affirmative defense and set-off.
CAB 191109.1 64101
,
11. The above Defendants further aver that the
Plaintiffs' claims are barred in whole or in part by his
informed, voluntary assumption of the risk and therefore, any
and all claims of the Plaintiffs in this action are barred.
12. The rights of the Plaintiffs in this action are
governed, restricted, diminished and/or barred by the
provisions of the Pennsylvania Motor Vehicle Financial
Responsibility Act as set forth at 75 Pa.C.S.A. ~1701 et seg.,
and these Defendants claim all the benefits of the provisions
of said Act and pleads the same as an affirmative defense
against any and all claims of the Plaintiffs in this action.
13. The Plaintiffs' Complaint does not indicate if
the Plaintiffs have elected a limited tort option under the
Pennsylvania Financial Responsibility Act. See 75 P.S. ~1705.
Under the limited tort option, Plaintiffs are precluded from
filing suit unless a Plaintiff has sustained a serious injury.
14. The allegations contained in the Plaintiffs'
Complaint do not describe or define a serious injury and,
accordingly, these Defendants raise as an affirmative defense
the specific provisions of the Pennsylvania Financial
Responsibility Act as a bar to all of the Plaintiffs' claims
against the Defendants.
15. The affirmative defenses of Assumption of the
Risk, Comparative Negligence, and Contributory Negligence are
pled pursuant to Rule 1030 of the Pa. Rules of Civil Procedure.
CAn 191209.1 64101
.
.
VRUPICATION
John Malone, avers that the statements of fact
contained in the attached Answer and New Matter to Plaintiffs'
Complaint are true and correct to the best of his information,
knowledge and belief, and are subject to the penalties of 18
Pa.C.S.A. Section 4904 relating to unsworn falsifications to
authorities.
DATED:
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CAB 1I1141.1 64101
-
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VIIRIrICATIOlf
Monica Malone, avers that the statements of fact
contained in the attached Answer and New Matter to Plaintiffs'
Complaint are true and correct to the best of her information,
knowledge and belief, and are subject to the penalties of 18
Pa.C.s.A. Section 4904 relating to unsworn falsifications to
authorities.
DATEDl
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2. Suit was entered at the above number and
Interrogatories, a Request for Production of Documents, and
Authorizations, for hospital, insuranc:e, doctor, and other
Authorizations were served on Plaintiffs on or about April 2,
1996. A copy of the Affidavi t of Service of Interrogatories is
attached to this Motion as Exhibit "A".
3. Pursuant to the Pennsylvania Rules of Civil Procedure,
the answers to those Interrogatories, replies to Request for
Production of Documents, executed Authorizations were to be
filed within thirty (30) days of service.
4. The Plaintiff has failed to file Answers to
Interrogatories, Reply to Request fOl" Production of Documents,
or submit executed Authorizations within the thirty (30) days.
WHEREFORE, the Defendants, John Malone and Monica Malone,
request this Court to Compel the Plaintiffs to answer the
Interrogatories, reply to the Request for Production of
Documents, and submit executed Authorizations within the next
thirty (30) days.
Respectfully submitted,
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IN THE COURT OF COMMON PLEAS OF CUMBRRI,AND COUN'1'Y, PENNSYLVANIA
CIVIL DIVISION
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
v.
JOHN MALONE and
MONICA MALONE,
Defendants.
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No. 94-6431
TO: PROTHONOTARY
NOTICE OP SERVICE
Take notice that the original and one (1) copy of the
Interrogatories Directed to Plaintiffs Propounded by Defendants
and Request
Firs -Class
.
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for Production of Documents have been....:~by U.S.
mail, postage prepaid on this ~ day of
, 1996 to the following counsel of record:
H. Barry Bier, EsquirE'
1414 Grant BUilding
Pittsburgh, PA 15219
CAB 117101-1 64101
C SA. BUllell. .JR. ,
Attorney for Defendant ,
John Malono and Monica
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FARAJ IBRAHIM and
SILVA IBRAHIM, his wife,
2300 Old Greentree Road
Carnegie, PA 15106
Plaintiffs,
No. 94-6431
v.
JOHN MALONE and
MONICA MALONE,
Defendants.
ORDER OF COURT
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;:' ~ NOW, this day of , 1996, it is
h~eby:bRDERED that the Plaintiff, _, make Answers to
ft. .)
In~erro~atories, and Respond to the Request for Production of
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Dbcuments, as well as submit executed Authorizations which have
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be~n propounded to the Plaintiff by the Defendants within the
next thirty (30) days.
BY THE COURT I
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