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HomeMy WebLinkAbout02-5300 GREGORY A. VIORAL Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RODNEY D. HOLLABAUGH Defendant ; NO: OrJ.- :r3oo ~ : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249-3166 GREGORY A. VIORAL Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RODNEY D. HOLLABAUGH Defendant : NO: oel-. ~ S.1~ : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Gregory A. Vioral, is an adult individual who resides at 801 Sandbank Road, Lot 19, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Rodney D. Hollabaugh, an adult individual, who resides at 116 Lake Meade Drive, East Berlin, Pennsylvania 17316. 3. On December 10,2001 at approximately 3:08 p.m. the Plaintiff was a front seat passenger in a Honda Civic operated by Eric Beecher South on South Hanover Street also referenced as Pennsylvania Route 34 near the Interstate - 81 overpass. 4. At the above referenced time and place the Defendant operated a Ford 350 pickup truck proceeding South on South Hanover Street (Route 34) behind the Civic operated by Eric Beecher. 5. At or near the Interstate overpass a red Neon traveling immediately al1ead of Eric Beecher stopped suddenly. Eric braked and steered left to take evasive action. 6. When Eric Beecher braked as a referenced above, the Defendant was unable to stop his truck before it collided with the rear of the Honda Civic operated by Eric Beecher causing a collision. 7, The collision of the Hollabaugh and Beecher vehicles referenced immediately above caused physical forces to act upon the Plaintiff that caused Plaintiff to suffer cervical muscle strain, spasms in the cervical, thoracic, and lumbar areas of Plaintiffs spinal column, pain throughout the spinal column, reduction in range of motion in the cervical spine and lumbar spine areas. Plaintiff experienced pain and limited motion causing limited activities for more than seven (7) months after the collision. 8. The above referenced collision was caused by the Defendant's negligence specifically including, but not limited to the Defendant following the Beecher vehicle too closely; the Defendant drove too fast to be assured of his ability to stop before hitting the vehicle in front of him; the Defendant failed to keep an adequate and vigilant view of the road al1ead to be prepared to stop without hitting other vehicles in his own lane oftravel. 9. The Defendant's negligence was a proximate cause of the collision and also a proximate cause of the injuries referenced above suffered by the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant for an amount that does not exceed the arbitration limit in Cumberland County. ANDREWS & JOHNSON Date: It), '(.~-"L-- By: r P. Andrews, Esq. rney for Plaintiff W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 Supreme Court ID No. 15641 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATE: /1;./?-0/0.2 ~~ v:..V Gregory , Jroal '~ \~i~ -FC--> - 4:) ~ U'> ~ t ~ 0 ~r ~ 'd + "" ' r '(C ~ ~ Q o r:-::;r (~p ~ ,'....: -1 -.-.~.- :~ '''', :) ITi :::::-:', 1jJ ~~:. '''f'' :-:..~ - ~~'-~ (') - -,,"'C- :-~ :~ Z; ~ 102300081 LAW OFFICES OF RALPH F. TOUCH By: Raymond A. Swan, Esquire Attorney I.D. No. 42169 401 Penn Street, Suite 100 Reading, P A 19601 Tel. 610320-4613, Fax 610-320-4767 Attorney for Defendant, Rodney D. Hollabaugh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN1'~SYL V ANIA Plaintiff CIVIL DIVISION NO., 02-5300 Civil v. ) ) ) ) ) ) ) Gregory A. Vioral, Rodney D. Hollabaugh, Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on behalf of the Defendant, Rodney D. Dated: November 14.2002 ~~{~ Attorney for Defendant, Rodney D. Hollabaugh Hollabaugh. JURY TRIAL DEMANDED PANEL OF TWELVE JURORS REQUESTED CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the ENTRY OF APPEARANCE upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class, United States mail. postage prepaid: Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 Attorney for Plaintiff, Gregory Vioral Dated: November 14. 2002 ~,f~ Attorney for Defendant Rodney D. Hollabaugh -.'\) 1 1"11 ~~. ~- -:;:/ (.:.~~! e-: f;~ ~.~' s::: ~:~ ... o s::~ =2 c:; c.,:, -.:-) \.. r'.') :.rl fv SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VIORAL GREGORY A VS HOLLABAUGH RODNEY D R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOLLABAUGH RODNEY D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 8th, 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County 18.00 9.00 10.00 31.60 .00 68.60 11/08/2002 ANDREWS & JOHNSON ~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this >i.J-MA- day of lL~'''''''<'MAL. . J 0-0 J..o A.D. '---j1J,,<tf' . CrvWL. c A ~.. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Gregory A. Vioral VS. Rodney D. Hollabaugh SERVE: same No. 02 5300 civil Now, November 5. 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize tl1e Sheriff of Adams County to execute this Writ, this deputation being made at tl1e request and risk of the Plaintiff. ~r;/ ,/ij' 'r ~""'~~;r....if:./~.R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy oftl1e original and made known to tl1e contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ $ iUi~nOJ SW'VO\i .:J.::I1~3HS 1111 :\1 "<;f 9- ^ON ZOOZ 03^1383'J D MASON DIXON BUSINESS FORMS, INC. 33000026 OATE RECEIVED DATe PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG,PA 17325 INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on the reverse 01 the last (No.5) copy of this form. Pfeas8 type or print leglbfy. insuring readablHty of 811 copies. Do not detach any copieI. ACSO ENY.' 1, PLAINTlFF/SI 2, COURT NUMBER GREGORY A. VIORAL 02-5300 Civil 3. DEFENDANTISI 4. TYPE OF WRIT OR COMPLAINT: RODNEY D. HOllABAUGH Complaint in Civil Action SERVE 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED OR SOLD, . SHERIFF SERVICE PROCESS RECEIPT, end AFFIDAVIT OF RETURN Rodney D. Hollabaugh 8. ADDRESS (Street Of' RFD, Apartment No., City, Bora. Twp., State and ZIP CODE) AT 116 Lake Meade Drive, East Berlin, PA 17316 7. INDtcATE UNUSUAL SEAVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAllO REGISTERED MAIL 0 POSTED 0 OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law, This deputation being made at the request and risk of the plaintiff. S, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, SHERIFF OF ADAMS COUNTY NOTe ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of tevy or aUachment, without ltabllity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction Of removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behatf of: lli PlAINTIFF Tay lor P. Andrews, Esg. 0 DEFENDANT F SHERIFF ONLY SIGNATURE of Authorized ACSD Deputy or Clerk and Title 10, TELEPHONE NUMBER 11. DATE 14, Expiration I Hearing date 15. I hereby CERTIFY and RETURN that I iX have personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse) o have posted the above described property with the writ or complainl described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY thero!. 16. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remar\(s below) 17. Name and title of Individual served 18. A pereon of aulCable age and diacr8lion Read Order then residIng in lhe c1efenc:lant's USUlII 0 pee 01 abode. 0 20. Date of Service 21. Time Tina Hollabau h wife of Rodne D. Hollabau h 19. Address of where S8Mld (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., S1ate and ZIP CODE) 11/6/2002 3:28PM 22, ATTEMPTS Dep.tnt. Date 23. Advance Costs $150,00 I'bJ.Sberi f 138797 25, Miles Dep.lnl. Oep.lnt. 28,~FUND 11/7/02 $118.40 Ck. #8296 AFFIRMED and 8ub8ctfbed to before me this NA day of Sy I-' Dop, "'*"'II James W. Muller SlgnIduro Q( ShoriIf RAYMOND W. NEWMAN or Type) Dolo 11/6/2002 Dolo 11/6/2002 -- _ OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWI.EDGE RECeiPT OF TllE SNEIllFF.. RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TfTLI;;: 39. Date Receivecl 33000026 , SHERIFF'S RETURN OF SERVICE ) ( 1 ) The within upon defendant by mailing to by prepaid, a true and attested copy thereof at , the within named mail, return receipt requested, postage on the The return receipt signed by defendant on the is hereto attached and made a part of this return. (2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true and attested copy thereof at in the following manner: ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return address of the Sheriff appearing thereon, on the I further certify that after fifteen (15) days from the mailing date, I have not received said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. ) ( 3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ) ( 4) By mailing to by mail, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked is hereto attached. ( 5) Other returned by the Postal ~'" LAW OFFICES OF RALPH F. TOUCH By: Raymond A. Swan, Esquire Attorney LD. No. 42169 401 Penn Street, Suite 100 Reading, P A 19601 Tel. 610 320-4613, Fax 610-320-4767 Attorney for Defendant, Rodney D. Hollabaugh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gregory A. Vioral, Plaintiff ) ) ) ) ) ) ) CIVIL DIVISION NO. 02-5300 Civil v, Rodney D, Hollabaugh, Defendants NOTICE TO PLEAD LAW OFFICES OF RALPH F. TOUCH By: Raymond A. Swan, Esquire Attorney J.D. No. 42169 401 Penn Street, Suite 100 Reading, P A 19601 Tel. 610320-4613, Fax 610-320-4767 Attorney for Defendant, Rodney D. Hollabaugh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Gregory A. Vioral, Plaintiff ) ) ) ) ) ) ) CIVIL DIVISION NO. 02-5300 Civil v, Rodney D. Hollabaugh, Defendants DEFENDANT. RODNEY D. HOLLABAUGH'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Rodney D. Hollabaugh, by and through their attorney, Raymond A. Swan, Esquire, and answers the Plaintiffs Complaint as follows: 1. Denied. To the extent the allegations of the correspondIng paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 2. Admitted. 3. Denied, To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 4. Admitted. 5. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 6. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 7. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil procedure, To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 8. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the sam{: are deemed to be denied. 9. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further :response pursuant to the applicable Pennsylvania Rules of Civil procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. WHEREFORE, Answering Defendant demands judgment be entered in their favor and against Plaintiff, and thus prays that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 10. Plaintiff s Complaint fails to state a claim upon which relief can be granted. 11. Plaintiff s cause of action is barred by operation of the doctrine of assumption of the risk. 12. Answering Defendant was not negligent. 13. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by Plaintiff. 14, The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. B' d A. Swan, E for Defendant 401: Street, Suite 100 Reading, P A 1960 I 610-320-4780 Attorney. J.D. #42169 CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing Answer with New Matter upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail. postage prepaid: Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 Attorney for Plaintiff, Gregory Vioral Dated: 1023000811Swan VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief The undersigned understands that the statements therein are made subject to the penalties of 18 P A C,S.A. SECTION 4904 relating to unsworn nllsification to authorities. The Verification of the attorney is being attached hereto beeause the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendant(s) will be filc:::d as soon as it is obtained. Date:January 8, 2003 -1" rYl, :2"- --;:>' .I!.-" Cf) ~ ~-; --.. ?yl' &::0 :po c:. -/ :2 Cl vJ (5"', -Q -;:t: r:? N (..,;l (::J .-\ -;::;v -;q ~ LA W OFFICES OF RALPH F. TOUCH Raymond A. Swan, Esquire Atty. LD. # 42169 401 Penn Street, Suite 100 Reading, P A 19601 (610) 320-4780 Attorney for Defendant, Rodney D. Hollabaugh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Gregory Vioral, PLAINTIFF, ) ) ) ) ) ) ) ) ) NO. 02-5300 Civil CIVIL DIVISION VS. Rodney D. Hollabaugh, DEFENDANTS. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the original signed verification of Rodney D. Hollabaugh for the verification of counsel filed with the ANSWER WITH NEW MATTER. ~dr:.:wan(L~ 102300081 102300081 VERIFICATION I, Rodney D. Hollabaugh, hereby verifj that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my personal knowledge or information and belief. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge and information is sufficient to form a belief that one or more ofthem is true although I am currently unable, after reasonable investigation, to ascertain which ofthe inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my verification is made upon the advice of counsel, upon whom I have relied in the filing ofthis document. This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to unsworn falsifications to authorities. Dated: /-//~ 03 .~ u %ir4&,A Rodney D. Hollabaugh CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing Praecipe to Substitute Verification upon all parties, their attorneys or representatives, by first-class. United States mail. postage prepaid. addressed as follows: Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013-3216 Attorney for Plaintiff, Gregory Vioral Dated: January 23. 2003 (.~ Ok<<-- 'Ray nd A. Swan, Esquire Attorney for Defendant 102300081 o ~,~ l')l:1- 'Tl,"1 ;;,.::". -j. Sf r:::: ~~:I'-- s;: ~;:~- ~.:: =<! o (J) Ci ~:l .C"-*' :1:: 1') OJ .'\;' 1-- (~ .~-l -, ";J :<: