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Home My WebLink About95-07164 en c .- ,- QJ , ,~ .; <<of l :i .~ ~ ~ ~ J 7 " - r , JEWELL I, REYNOLDS, Plaintiff #14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. DANIEL J. STIMELING, JR,. Defendant NO, 95-7164 CIVIL TERM PRETRIAl CONFERENCE At a pretrial conference held January 2. 1997, before Edgar B, Bayley. Judge, present for the plaintiff was Brigid Q, Alford, ESQuire. and for the defendant. James G, Nealon. III, ESQuire, This is an intersection accident at the access road from Holy Spirit Hospital onto 21st Street in East Pennsboro Township, Both parties claim they had the green light, , , 'Plaintiff seeks general damages, There is no claim for lost wages or lost earning capacity, Estimated time of trial, / Brigid Q, Alford. ESQuire For Plaintiff James G, Nealon. III. ESQuire For Defendant :prs .' ~ 0 ~ In .. ::ii r - ,"). ~ :c: J CL. ~I R '. (") ::r i I ,.;I :::: ~ oe.: -, ::: ~ r- ::J '" U ......'.:.""~."';,.:W"~,~_...' . f .~, . "'~"''''-'.'~.-~~'';<::,.->~""",,~.;;--~...,~'' .,~:.~. . m:\ homo\ hQa\lill.a,\roynold"f1rJom Dr.n In . D'<lm~fr 23, 1'1'16 Brigld Q. Alford, Esquire Supreme Courl J.D, #38590 BOSWE~~, SNYDER, TINTNER & PICCOLA 3U N. Front Screet PO Box 74t Harrisburg, PA J71~41 (717) 236-9377 AlIomeys for Plaintiff JEWELL I, REYNOLDS, PLAINTIFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA : NO. 95-7164 v. , . DANIEL J, STIMELlNG, JR. DEFENDANT : CIVIL ACI10N - LAW : JURY TRIAL DEMANDED PLAINTIFFS PRETRIAL MEMORANDUM 1, BASIC FACTS As TO LlAmlJ1Y, Defendant entered an intersection (21st Street and the access road to Holy Spirit Hospital) against the red light, and struck Plaintiff, who was driving on 21st Street beginning to pass through the intersection with the green light in her favor. An independent eye witness supports the Plaintifrs version of the facts; the investigating officer reached the same conclusion based on his finding that said witness was more credible than the Defendant. 2. BASIC FACTS As TO DAMAGES. As a result of the impact, Plaintiff suffered a chest wall contusion, bruised ribs and, most seriously, a comminuted fracture of her left patella, which resulted in ambulance transport to hospital, hospitalization, surgery, and physical therapy. The severity of the injury significantly compromised her ability to walk and her limitations continue to this day. , .. She also sustained permanent scarring to her knee, as well as a significant amount of pain and suffering, emotional distress, and Inconvenience, and embarrassment. 3. PRINCIPAl, ISSU&<l AS TO L1ABllJlY AND DAMAG&<l. A. Old Plaintiff, who had elected the limited tort option on her motor vehicle Insurance policy, suffer a serious Impairment of a bodily function, that prevented her from performing substantially all of her usual and customary daily activities, as well as permanent, serious disfigurement, as a result of Defendant's negligence? Suggested Answer: Yes. B. Should Plaintiff be awarded monetary damages for her out-<>f-pocket expenses, as well as her pain and suffering, permanent disfigurement, emotional distress,inconvenience and embarrassment? Suggested Answer: Yes. 4. SUMMARY OF LEGAl. ISSU&<l REGARDING ADMlSSIBlUlY OF TESTIMONY. EXIOBlTS. ~ None. 5. IDEN11lY OF WI1NESS&<l TO BE eAl.I.ED. For the Plaintiff: Jewell Reynolds Bob Reynolds (Plaintiffs Son) Roni Van Selow Patrolman Kenneth Huss Dr. Morton Rubin (videotaped) Dr. William Sullivan (videotaped) Plaintiff reserves the right to cross-examine any and all defense witnesses. '."" "".,~'." , ~ t 6. EXHIBITS. A. Police Accident Report B. Bills and/or recapitulation .showing Plaintifrs out-of-pocket expenses. 7, CURRENT STAniS OF SETI1.EMENT NEGOTIATIONS. Plaintiff has demanded $60,000.00; Defendant has made no offer. Respectfully submitted, ~ .2 /)!#L Brigid Q. Alfo d, Esquire' Supreme Courtl.D. #38590 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Front Street Post Office Box 741 Harrisburg, PA 17108.{)741 (717) 236-9371 Allorneys for Plaintiff Date: r1olll{Qu .' .. ,-. ._~~u."'..~, "l'.. CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plalntlfrs Pretrial Memorandum by first-class mail delivery at the following address: Date: I~.:l"/If' , Matthew R. Gover, Esquire Nealon & Gover 301 Market St. - 9th Floor Post Office Box 865 Harrisburg, PA 17108.()865 BOSWELL, SNYDER, TINTNER & PICCOLA BY: Brig~ ~. ~ ~ "-,:~ . ~1_ .>;,. .'.'7.":1'-'it.';~,,~':';_:\ " '". '-J~'".:; -F\;~,i:':--' - . ",~, '.'.j -.' ",' ~,;, :~it:; ~ . . " ,,:.:,~;;.:t."';, ' '''~;.a ..:~~. ~'.: .': -,'~":'H: '. . aI . . c::a ~ . . "-.en l> : ,. --'" ~''-~';'--,~ no' ~,'>',_. "",T., __ :"(,'; '.,oJ ,',-""). ',j, " ij:j' ....... 'f'f '. '~', C:;' 'f'f III .... .p.. ., ':) tl !ii' :~' ," ';".,-,; '}l< ~ ~ L '.14 .j' . . '~ I..,;: .~ I.'....' p.. ." '. . ,,-~-'F?icf <- ~.- -- JEWELL I. REYNOLDS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CIVIL ACTION. LAW DANIEL J. STIMELlNG, JR. Defendant . . : NO. 95.7184 Civil Tenn : JURY TRIAL DEMANDED PRETRIAL MEMORANDUM OF DEFENDANT DANIEL J. STIMELlNG. JR. I. FACTUAL BACKGROUND On March 25, 1995, the parties were Involved In an automobile accident at 21. Street and Ridge Road In East Pennsboro Township, Enola, Pennsylvania. The accident occurred at approximately 5:44 p.m. when both parties entered the Intersection at the same time. Each party claims they had a green light. There was one witness to the accident, however, even though her testimony Is somewhat helpful to the Plaintiff, It Is far from conclusive, II. DAMAGES This section Is not applicable to the Defendant. III. WITNESSES A, Plaintiff as on cross-examination, B. All Plaintiff's treating physicians. C. Officer Kenneth House of East Pennsboro Township Police Department. D, The Defendant, E, This will supplemented In advance of trial, If necessary. IV. EXHIBITS A. All medical records of the Plaintiff, B. Any and all exhibits Identified by Plaintiff, C. this response will be supplemented In advance of trial, V. SPECIAL REQUESTS Defendant would request a stipulation as to the authenticity of all records exchanged In discovery so as to avoid the need for calling a records custodian. The stipulation would be made with the understanding that Plaintiff or Defendant reserves objections as to the relevance of any proposed exhibit. Defendant's counsel Is also listed for trial In Dauphin County Court during the week of January 26,1997. this may present a scheduling difficulty, VI. LENGTH OF TRIAL Two days. VII. SETTLEMENT Plaintiff's counsel has demanded approximately $60,000.00, Although Defendant anticipates an offer will be made In advance of trial, no authority has been given at this point. Respectfully submitted, NEALON & ~rn By: ~.~~-~ ~ Matthew R, Gover, Esquire Atty, 1.0. #47593 301 Market Street - 9th Floor P.Q, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 _,........."... "..,....-".._-.......=.0... ,UOo-".-...,<""--~.,.__""_~..__,,__ . CERTIFICATE OF SERVICE AND NOW, this ~"'tA. day of ~, 1996 I hereby certify that I have served the foregoing document on the following by depositing a true and correct copy of same In the United States malls, postage prepaid, addressed to: Brlgld Q. Alford, Esquire 315 North Front Street PO Box 741 ~ Harrisburg, PA 17108-0741 ~~ Matthew R. Gover, Esquire Dated: 1;,( -.:? '1-- 9t BrJaId Q. Alford, Esquire Supreme Court I,D. #38390 BOSWELL, SNYDER. TINTNBR .t PICCOLA 315 N. Pronl Street PO Box 741 Harr!sburs. PA 171~41 (717) 236-9377 Auomeys for Plalnllff JEWELL I, REYNOLDS, PLAIN11FF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA v. . ; NO, f15'. 7/('~ ~~ : CML ACl10N . LAW : JURY TRIAL DEMANDED NOTICE DANIEL J. STIMELING, J8. DEFENDANT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in Ihe following pages, you must take action wilhln twenty (20) da,s after this Complaint and Notice are served, by entering a written appearance personaily 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 reliei' requested by the Plaintiff. You may lose money or property or other rights Important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNlY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNlY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 .._..- '_~~_ .._.,_..... ...+_~.'., ....'...~.n_._ ..".. ,~. NOTICIA Le han demandado a usted en la corte. SI usted qulere defenderse de estas demandas expuestas en las paginas slgulentes. uted tlene vlente (20) dlas de plazo al partir de la fecha de Ie demanda y la notlflcaclon. Usted debe presentar una aparlencla escrita o en persona 0 por abogado y archlvar en la corte en forma escrita sus defensas os sus objeclones a leas demandas en contra de su persons. Sea avlsado que 51 usted no se deflende, la corte tomara medldas y peude entrar una order contra usted sin pervio avlso o notlflcaclon y par cualquler queja or alivio que es pedldo en la petlclon de demanda. Usted peude perder dlnero os sus propledades 0 ostros derechos Importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFlCIENTE DE PAGAR HAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL LAWYER REFERRAL SERVICE CUMBERLAND COUNlY COURT ADMINISTRATOR 4TI1 FLOOR, CUMBERLAND COUNlY COURTIlOUSE CARLISLE, PA 17013 (717) ~200 COMPLAINT BrlaJd Q. Alford, Bsqulre Supreme Coun I.D. tlf38590 BOSWBLL, SNYDBR, TINTNBR & PICCOLA 315 N, Front Slreet PO Box 741 Harrlaburg, PA 17108-0741 (717) 236-9377 Allomey! fur Plalntllf JEWELL I. REYNOLDS, PLAINTIFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA v. : NO, DANIEL J. STIMELING, JR. DEFENDANT : CML AcrION . LAW : JURY TRIAL DEMANDED Plaintiff, Jewell Reynolds, by her attorneys, Donn L. Snyder, Esq., Brlgld Q. Alford, Esquire, and Boswell, Snyder, Tlntner & Piccola, presents her Complaint against Defendant Daniel J. Stlmeling, Jr., as follows: 1. Plaintiff Is Jewell Reynolds, an adult Individual currently residing at 508 Grandview Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Daniel J. Stlmeling, Jr., Is an adult Individual currently residing at 912 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17011. 3. On March 25, 1995, Plaintiff was travelling north on State Road 1006 (21st Street) East Pennsboro Township, Pennsylvania, In the right lane, passing the entrance road to Holy Spirit Hospital. 4. At approximately 5:30 p.m. that date, Plaintiff approached the Intersection of 21st Street and Ridge Road, where the Holy Spirit Hospital exit road Is located, operating her 1982 Chevrolet Citation. S. The traffic light situate at that Intersection turned green In Plaintiffs favor as she approached the Intersection, and she began to proceed through the Intersection. 6. At or about the same time, Defendant was exiting from the Holy Spirit Hospital exit road, preparing to turn left onto 21st Street in order to proceed south on 21st Street, operating his 1985 Dodge Ram. 7. As he approached and then entered Into the intersection, the traffic light addressing his lane of travel was red. 8. Notwithstanding the red light, Defendant proceeded into the intersection, against the red light, striking the front, passenger side of Plaintiffs car. 9. Plaintiff was unable to avoid Defendant's vehicle as It entered the intersection against the red light. 10. Plaintiff sustained several injuries as a direct result of the collision, was transported by ambulance to Holy Spirit Hospital, treated in the emergency room and subsequently admitted there for treatment, surgery and rehabilitation. 11. Plaintiffs injuries included bruises to her ribs and chest, a bruise on her heart, atrial fibrillation, a closed fracture of her left knee, shock to her nervous system, pain, suffering, and permanent disfigurement and loss of mobility. _....-~..H\11tlKi4.:rn ~,\J.L 1_""",""~~~~/'J'-.-;~11'r~'.,..~-j-"";:'c~t~~~,,,: "'~,,"".,.. "'~'" ""~. ',':_~'/\:.i"'__.. 12. Defendant had a duty to drive with care and to stop his vehicle when the traffic signal controlling his lane of travel turned red. 13. Defendant did not stop his vehicle at the red traffic light; Instead, Defendant negligently entered Into the Intersection against the red light, striking Plaintiffs vehicle and causing her Injuries as set forth above, breaching his duty to Plaintiff. 14. Defendant negligently failed to avoid colliding with Plaintiffs vehicle upon entering the intersection, breaching his duty to Plaintiff. IS. Defendant negligently failed to control his vehicle and operate It safely, breaching his duty of care to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant In an amount in excess of$2S,OOO, which amount exceeds that requiring compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, SNYDER, TINTNER & PICCOLA By: ~A-...J._ ? IJ~ _ Brigid-~ Alfcird~E~q.ifr~ - - Supreme Court I.D. 3S59O 315 N. Front Street PO Box 741 Harrisburg, PA 1710S.()741 (717) 236-9377 DATE: Decemberl(I99S -9~:~!f f~dI~ - . JEWELL I, REYNOLDS, PLAINTIFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA . . v, : NO. . , DANIEL J, SllMELlNG, JR. DEFENDANT : CML ACDON - LAW : JURY TRIAL DEMANDED VERIFICATION I, Jewell I. Reynolds. Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.s.A. 04904 relating to unsworn falsification to authorities. DATE: Decemberll,l99S L; ;.,-' ,i~~\ , '<;. 110I .,.d .~. ~ ~_,.. _ .-J ;:~ ~ ..~~ Po. , I> 1',< 'J:," . ' :'H. .. . 0: t;J...., ~l H ~.. l~ ~ ' , III , I'.l. SHERIFF'S RETURN - REGU~AR CASE NOI 1995-07164 P CO""ONWEA~TH OF PENNSY~VANIAI COUNTY OF CU"BER~AND REYNO~DS JEWE~~ I VS. STI"E~ING DANIE~ J JR WES~EY COOK . Sheriff or Deputy Sheriff of CU"BER~AND County, Pennsylvania, who being duly sworn according to law, says, the within CO"P~AINT AND NOTICE was served upon STI"E~ING DANIE~ J JR the defendant, at 1458100 HOURS, on the ~ day of December 1995 at 912 BOS~ER AVENUE ~E"OYNE. PA 17043 . CUtlBER~AND County, Pennsylvania. by handing to DANIE~ J. STI"E~ING JR a true and attested copy of the CO"P~AINT AND NOTICE together with P~AINTIFF'S FIRST SET OF INTERROGATORIES AND P~AINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOC and at the same time directing ~ attention to the contents thereof. Sheriff's Costs; Docketing Service Affidavit Surcharge 18.00 8.96 .00 2.00 1328.<;:/6 So answers; a~./~ R. Tomas Kl1ne, e;1 BOSWE~~ SNYDER TINTNER PICCO~A 12122/1995 .d;.. ) /1 ' A by ~W{~ ~ y ~her111 Sworn and subscribed to before me this .lAu/ day of9u... ^] 19 "I. A. D. ~,L,C .~~. Jrl.v 'prothonota~y' ... , .. ... JlWBLL I. RBDtOLDS, , IH TUB COURT 0' cmaccm l'LBAS Plaintiff , CUIIIlBRLAHD COmrrY, l'BHHSYLVAHIA , CIVIL ACTION - LAW v. , , NO. 95-7164 CIVIL 'l'BRK nAHIBL J. STDlBLIHQ, JR, , nefulSaDt , JDJlY TRIAL nBMANJ)BJ) IDITIlY OP APPIlARANCB TO THB PROTHONOTARY: Please enter my appearance on behalf of Defendant, Daniel J. Stimeling, Jr" only, in the above captioned matter. Respectfully submitted, CJ\LI)WBLL & ltBARNS, z:.i",,,v... G. It! {4/TVl es G. Nealon, III, Bsqu re torney's ID #46457 Attorneys for Defendant 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 By: Dated: January 4, 1996 64126-1 . CRR~IPICATB OP SRRVICR . AND NOW, this 4th day of January, 1996, I hereby certify that I have served the foregoing Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Brigid Q. Alford, Esquire Boswell, Snyder, Tintner & Piccola 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 64126.1 ~~J ,~d~ s G. Nealon, III, Esq. v. · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . JEWELL L, REYNOLDS, Plaintiff DANIEL 1. STIMELING,1R" Defendant · CIVIL ACTION - LAW · No,: 95-7164 Civil Term . .1URY TRIAL DEMANDED . NOTICE TO PLEAD TO: Iewell L. Reynolds, Plaintiff and Brigid Q. Alford, Esquire, her attorney 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. By: J es G. Nea 0 ire ttorney I.D, #46457 Ii A. Cavacini, Esquire Attorney I.D, #67900 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Daniell. Stimeling. Ir, Dated:~ 66627 .;-.:'_.,--,~"'~- ."-","",,,,, ""~-""'-""""""'~""'>,,-..',,;'\. ,-.,./>:.-?~",,-~,,:-""<': ."",.', ;::;.,.".~ -'. .:',..~,. JEWELL L, REYNOLDS, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . v. DANIEL J. STIMELING, JR" Defendant · CIVIL ACTION - LAW · No,: 95-7164 Civil Tenn . · JURY TRIAL DEMANDED . ANSWER WITH NEW MAnER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Daniel J, Stimeling, Jr., by and through his attomeys, Caldwell & Kearns, and tiles the following Answer with New Matter and states in support thereof as follows: I, Admitted based on infonnation and belief. 2. Denied as stated, The correct address for Daniel J, Stimeling, Jr, is 912 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Admitted based on infonnation and belief. 4, Admitted based on infonnation and belief. 5. Denied in accordance with Pa.R,C,P, 1029(e), 6, Denied as stated, It is admitted that Defendant was exiting from the Holy Spirit Hospital exit road preparing to turn left onto 21 st Street in order to proceed south on 21st Street, operating his 1985 Dodge Ram, The remaining allegations of paragraph 6 are denied in accordance with Pa.R.C.P. 1029(e), 7-15, Denied in accordance with Pa,R,C,P, 1029(e), WHEREFORE, Defendant, Daniel J, Stimeling, Jr., demands that the Complaint be dismissed and judgment entered in his favor and against all parties without cost to him but together with such <,..kl.........'_.~__.~,$.....,.".".. -'~'-clf"";:-~;, '. ".-~.....,..~n-~~~;::.;'..J'Ahitu:r".. COsts, expenses and attorney's fees u authorized by law and which the Court deems necessary, just and appropriate under the circumstances, NEW MATfER 16, Defendant Incorporates his Answer to the Complaint u ifset out in full. 17, Defendant apecifically preserves the defenses included under Pa,R,C,P. 1030 which are automatic:atly raised and need not be pleaded. 18, To the extent that any losses were paid or payable under any group plan or other arrangement, ~1722 of the Motor Vehicle Financial Responsibility Law prohibits the Plaintifffrom recovering said amounts in this action, 19, Plaintiff fails to plead whether she wu bound by the limited or full tort option under the Pennsylvania Motor Vehicle Financial Responsibility Law, WHEREFORE, Defendant, Daniel J, Stimeling, Ir" demands that the Complaint be dismissed and judgment entered in his favor and against all parties without cost to him but together with such costs, expenses and attorney's fees u authorized by law and which the Court deems necessary, just and appropriate under the circumstances, By: Dated:~ 66627 J mes Q, Nea n, I '" I,D, #46457 Deborah A. Cavacini, Esquire Attorney I.D,#67900 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Daniel J, Stimeling, Jr, 2 "'.'f'-.f:o':.,r;~~~~'lt~,;' .-.,....- .'-i-.' .~WI ....._......--........"."c.,'.,.. ~ilM.;...-- .1" ;..,.,"'. .~. ~_~"M'I..~ \,ERI~ICA Tim{ I veritY that the avennents made in the foregoing document are troe and correct upon my personal knowledge, infonnstion and belief. I understand that false avennents herein are made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, By: Dated: F~/ 7- rv IS_I "'74 "l I I I CERTIFICATE OF SERVICE I hereby certifY that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, which service satisfies the requirements of the PeMsylvania Rules of Civil Pror.ecJure, by depositing a copy of same in the United States Mail, Harrisburg, PeMsylvania, with first-class postage, prepaid, as follows: Brigid Q. Alford. Esquire 31 S North Front Street P.O. Box 741 Harrisburg, P A 17108-0741 Attorney for Plaintiff By: Dated: 212-\ !C-)G l56661 .. m:lhomllbq.\Utla.lllt)'llOld.\nlwm,"sPY Milch 7,1996 Brlsld Q. Alford, Esquire Supreme Court I,D. '38590 BOSWB~L, SNYDER, TINTNER &. PICCOU 31' N. Pront Street PO Box 741 HarrlJburs, PA 17108.0741 (717) 236-9377 Attorneys for Plaintiff JEWELL I. REYNOLDS, PLAINTIFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA , , v, : NO. 95-7164 : CML ACDON - LAW : JURY TRIAL DEMANDED DANIEL J. STIMELlNG, JR. DEFENDANT REPLY TO NEW MATTER Plaintiff, Jewell I. Reynolds, by her attorneys, Brlgld Q. Alford, Esquire, and Boswell, Snyder, Tintner and Piccola, replies to Defendant's New Matter as follows: 16. Plaintiff Incorporates Paragraphs I-IS In her Complaint herein as if set forth In full. 17. Denied. Paragraph 17 Is a conclusion of law to which no responsive pleading Is required under the Pennsylvania Rules of Civil Procedure. 18. Denied. The allegation contained In Paragraph 18 is a conclusion of law to which no responsive pleading Is required under the Pennsylvania Rules of Civil Procedure and the same Is therefore denied. 19. Admitted In part, denied In part. It Is admitted only that Plaintiff has not plead In her Complaint whether she was bound by the limited or full tort option under the Pennsylvania Motor Vehicle Financial Responsibility Law. All the remaining aspects of this <:'7,""""_,'lr'~-'="'~,'''''',.,.\.'._, '. """'c..",.W;',Jl,",,,..,,.,,,,,~,,.. .,".",e"_----'..->.~..,~ . .. ...l!l.{~" averment are denied. Specifically, any Implication that Plaintiff Is required to plead whether she was bound by the limited or full tort option In her Complaint Is denied. In addition, any statement that Plaintiff Is bound by the limited or full tort option under the Pennsylvania Motor Vehicle Financial Responsibility Law Is a conclusion of law to which no responsive pleading Is required under the Pennsylvania Rules of CIvil Procedure, and the same Is therefore denied. WHEREFORE, Plaintiff demands judgment against Defendant In an amount in excess of $25,000, which amount exceeds that requiring compulsory arbitration, plus interest and costs of suit and that the New Matter be dismissed. RESPECTFULLY SUBMITTED, BOSWELL, SNYDER, TINTNER & PICCOLA By: ~.-.J,/-?_(J~ BrlgidQ.A1ford, Esquire. 0 Supreme Court J.D. 3S59O 315 N. Front Street PO Box 741 Harrisburg, PA 1710S.{)741 (717) 236-9377 DATE: Marchlt.1995 , v. : IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA NO. 95-7164 CML ArnON - LAW JURY TRIAL DEMANDED JEWEU L REYNOLDS, PLAINTIFF DANIEL J. STIMELlNG, JR. DEFENDANT VERIFICATION 1,1 ewell I. Reynolds, Plaintiff, hereby verify that the facts contained in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.CS.A. 04904 relating to unsworn falsification to authorities. fJ ;~<<eIf2. ~ ~ J . Jewell, ,nolds DATE: Marchq,l99S By: ~ M an D. Painter, Esquire CERTIFICATE OF SERVICE I do hereby certlt'y that I have served a true and correct copy of the Plaintiff,' Reply to New Matter on the following: James O. Nealon, III, Esquire CALDWELL &. KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 Method of Service: v'~ First class mall Certified mall Other BOSWELL, SNYDER, TINTNER &. PICCOLA . I . I '~ . it .., i ., l .. JEWELL I. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLANDCOUNTY,PENNSYLVAN~ v. . . : CIVIL ACTION. LAW DANIEL J. STIMELlNG, JR., Defendant . . : NO. 95.7184 : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Caldwell & Kearns previously filed In the above-captloned matter. CALDWELL & KEARNS s By: Timothy I: rk, Esquire 3631 North Pr nt Street Harrisburg, PA 17110 (717) 232-7661 Please enter my appearance on behalf of the Defendant In the above- ceptioned matter. NEALON & GOVER ~,~~~ J, "G. ..,..: III, .",",.. 301 Market Street - 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 "">".-,-. -,. James G, Nealon, III, Esquire CERTIFICATE OF SERVICE AND NOW, this 20th day of May, 1996, I hereby certify that I have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States malls, postage prepaid, addressed to: Brldgld Q, Alford, Esq. BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Front Street Harrisburg, PA 17101 Dated: May 19, 1996 =\ ~ &~ , '~-. '" . . " ", ~', PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following case: ( X) for JURY trial at the next term of civil court. ( ) for trial without e Jury. .----.-. .-----..-............................................-.......-... CAPTION OF CASE (entire caption must be stated In lull) (check one) Assumpsit Trespass JEWELL I. REYNOLDS, (X) Trespass (Motor Vehicle) ( ) (other) . , " . vs. ( (Plalntllf) r. DANIEL J. STIMELING, JR., , , P. . Ii,' The trial list will be called on Oec. 17, 1996 and { ~ 1 Trials commence on Jan. 27 , 1997 Pretrials will be held on J an, 2 , 1997 (Briefs are due 5 days belore pretrials.) (The party listing this case lor trial shall provide lorthwlth a copy of the praecipe to all counsel, pursuant 10 local Rule 214.1.) (Delendant) vs. No. 71/;4 Civil , l!9,S__ Indicate the attorney who will try case lor the .party who Illes this pra.eclpe: _~ _ _ Brigid Q, Alford, Esquire, Boswell, Snyder, T1ntner & P1ccola 31S N. Front St., P,O, Box 741, Harrisburg, PA 17108-0741 (717) 216-9377 Indicate trial counsel for other parties II known: __'__'_00_' _ ___ ___ _ __ Matthew R, Gover, Esquire, Nealon & Gover ~nl M~rket St..9th FIr., P.O. Box 86S, Harrisbu~__PA_1710_~:~76S (717) 232-9900 ... .-..-.---.-..----..-.-----.... - .-... This case Is ready lor Irlal. Slgned:~~~' ~ -~_ Prlnl Name: _IllU.G.IJLQ..,ALFORD, ESQUIRE Attorney for: ~_la_~!l_tiff, Je\\lclJ I.. ~eynolds Dale: I O/.:l.:3{q II ~ \D ~ - .. ::>~ -= o~ I~ x: :.l 0- D~ ~ ..::r :;;!;2 N ,)-9 ~ I- ~re U Q ... l; \D 6. CJ"I , T", ;''',';- :.".".y,".,j,~~.~^<,j'O' . ... . m:lhomalbllaIUllaa'ba,..,ld,lp,aodpo.dI' nran II lanuary 31,19'17 . ~... .. I Brlald Q. Alford, Esquire Supreme Coun 1.0. #311.590 BOSWELL, SNYDER, TINTNER &; PICCO~ 315 N. Front Street PO Box 741 Harrlsbura. PA 1710lJ.0741 (717) 236-9377 Allomeys for Plaintiff JEWELL I, REYNOLDS, PLAINTIFF : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 95-7164 v, . . DANIEL J, STIMELlNG, JR. DEFENDANT : CML ACTION - LAW : JURY TRIAL DEMANDED PIUECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly mark this action settled and discontinued. BOSWELL, SNYDER, TINTNER & PICCOLA BY: Brig~d'~Sar 315 North Front Street P. O. Box 741 Harrisburg. PA 1710S.()741 (717) 236-9377 Attorney for Plaintiff Date: January 31, 1997 ~-<..., ':';F,~ '<;:i'Y"~" ,.,.,.><-~,,,.~..~-_. "'- .. . \.. . ..... - .' . "'1.. ~ ""... -," . CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe to Settle and Discontinue by f1rst-<:lass malt delivery addressed as follows: James G. Nealon, III, Esquire Matthew R. 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