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HomeMy WebLinkAbout07-0767M S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - &-7 Civil Action - (XX) Law ( ) Equity JAMARIS LEGRAND 783 South Humer Street Enola, PA 17025 PHILLIP T. BRAMMER 12 Kingswood Drive Mechanicsburg, PA 17055 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Signature of A hie Supreme Court ID No Date: February 2, 2007 I 4 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Pr thonotary Date: ?v`?! , 2667 by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 a-,, -, rte, --`y cn 1 46IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Phillip T. Brammer, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March, 2007 By: a _i4 MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant CERTIFICATE OF SERVICE AND NOW, this day of March, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIR9 Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer n i c.n O Ci r'C'a rn --G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, Plaintiff V. PHILLIP T. BRAMMER, Defendant TO THE PROTHONOTARY: NO. 07-767 CIVIL ACTION - LAW PRAECIPE Please enter a Rule upon Jamaris Legrand, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: March ?2007 By: z"L MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer NOW, (Eg_, ae , 2007, RULE ISSUED AS ABOVE. Prot onotary By: Deputy ? ?, O -r? ?, ? ? -n ? 3?,' _ f? i. y? ... :?? i?.+? ? ? ' ' ? ? } ? ^"? `? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF YORK Before me, a Notary Public in and for said Commonwealth and County, personally appeared Michael B. Scheib, Esquire, who, being duly sworn according to law, deposes and says that he caused to be served on W. Scott Henning, Esquire, a true and correct copy of the original Rule to File Complaint filed in the above captioned matter, by U.S. Mail, Certified delivery, at Handler, Henning & Rosenberg, 1300 Linglestown Road, Harrisburg, PA 17108, on the 3`d day of April, 2007. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: April 1 .5 , 2007 By: y vi i MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer J ¦ Complete item 1, 2, and 3. Also c ornplets Nun 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpiec:e, or on the front If space permits. 1. Article Addressed to: X A Y) II[ •. JA e\ d l. r AAgT* (Nrtrrded Name) I C. Dpft ct DsMry D. Is d4v-ry'a3droes different from Item 1? 17 Yes It YES, enter delivery address below ©WO - 3. ol5irew Mail O Express Mau 0 Registered 91459 Reoelpt for Marftndu 13 homed mail 13 C.O.D. 4. Restricted Delivery? pft Fee) 0 yes 2. ArgdsNumber 7004 1160 0003 3300 8301 (nWWW pwn so in bw PS Form 3811, Fd*uwy 2004 Domeaft Return Rsos?t tosses oe?r tas t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant CERTIFICATE OF SERVICE AND NOW, this day of April, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Affidavit of Service, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer r? ti _ --rye ? - ?? 't'1 - - ?.. R [ ; ". ?.... _ ? r- - _-t`? f ?' ?::?-. W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com JAMARIS LEGRAND Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. PHILLIP T. BRAMMER Defendant : NO. 07-767 : CIVIL ACTION -LAW NOTICE 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veiinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING & ROSENBERG, LLP By: F:1WP Directories\AGR\Complaints\MVA\Sideswipe\LeGrand, Jamaris - hit in intersection.wpd W. Scott Henning, Esq. I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com JAMARIS LEGRAND Plaintiff V. PHILLIP T. BRAMMER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-767 : CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, Jamaris LeGrand, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esq., who makes the within Complaint against the Defendant, Phillip T. Brammer, and avers as follows: 1. Plaintiff, Jamaris LeGrand, is an adult individual currently residing at 783 South Humer Street, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Phillip T. Brammer, is an adult individual currently residing at 12 Kingswood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At all times material hereto, Plaintiff, Jamaris LeGrand, was the operator of a 1993 Honda Civic bearing Pennsylvania registration number FVM1024, owned by her father, Angel M. LeGrand (hereinafter "Plaintiffs vehicle"). . 4. At all times material hereto, Defendant, Phillip T. Brammer, was the owner and operator of a 2003 Chevrolet Malibu bearing Pennsylvania registration number FJZ5785 (hereinafter "Defendant's vehicle"). 5. At all times material hereto, Plaintiff, Jamaris LeGrand, was an insured under an automobile insurance policy issued by Travelers Property Casualty Company. Said policy provided for the Full Tort option pursuant to 75 Pa. C.S.A. § 1705. 6. At all times material hereto, it was raining and the road conditions were wet. 7. On or about April 7, 2005, at approximately 7:39 p.m., Plaintiffs vehicle was traveling westbound on LR 770, approaching the N. 21s' Street intersection in East Pennsboro Township, Cumberland County, Pennsylvania. 8. Plaintiffs vehicle entered the intersection of LR 770 and N.: 21 st Street. She had a green light for her direction of travel. 9. At approximately the same time and place, Defendant's vehicle was traveling in a westbound direction on SR 11/15, parallel to Plaintiffs direction of travel, and also approaching the intersection with N. 21s' Street. 10. At approximately the same time and place, suddenly and without warning, Defendant's vehicle made a right turn in the intersection with N. 21St Street, from a lane clearly posted by sign and signal for straight travel only, causing a violent collision with Plaintiffs vehicle in the intersection. 11. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, sustained serious personal injuries, as set forth more specifically below. -2- COUNT I - NEGLIGENCE JAMARIS LEGRAND v. PHILLIP T. BRAMMER 12. Paragraphs 1-11 are incorporated herein as if fully set forth below. 13. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Jamaris LeGrand, are the direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, generally and more specifically as set forth below: (a) In driving his vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa.C.S.A. § 3714; (b) In failing to be reasonably vigilant to observe the Plaintiffs' vehicle lawfully within the intersection; (c) In failing to operate his vehicle at a safe and appropriate speed when approaching an intersection, in violation of 75 Pa.C.S.A. § 3361; (d) In failing to operate his vehicle in accordance with the posted sign and signal indicating straight travel only, by turning right from said lane of travel, in violation of 75 Pa.C.S.A. § 3111; (e) In failing to operate his vehicle in such a manner that would allow him to apply the brakes and stop before striking the Plaintiffs vehicle; (f) In failing to have sufficient control of his vehicle, which would have allowed the vehicle to be stopped before doing injury to any person or thing likely to arise under the circumstances; and (g) In failing to be continuously alert, thereby failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided. -3- 14. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, sustained injuries including, but not limited to, injuries to her left wrist, hand, elbow, shoulder, and bilateral knee abrasions. 15. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity, to her financial detriment and loss. 16. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, has suffered physical pain discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, has been compelled, in order to effect a cure for aforesaid injuries, to expend money for medicine and medical attention. 18. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, continues to receive treatment and incur expenses as a result of said injuries, and will most likely continue to do so in the future, to her detriment and loss. 19. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her detriment and loss. -4- 20. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Phillip T. Brammer, the Plaintiff, Jamaris LeGrand, has been, and will in the future be, hindered from attending to her daily duties, to her detriment, loss, humiliation, and embarrassment. 22. Plaintiff, Jamaris LeGrand, believes and therefore avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Jamaris LeGrand, seeks damages from the Defendant, Phillip T. Brammer, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: " 41a-aq By: -5- W-Scat "n' Esq. I.D. # 693 1300 Linglesto n Road Harrisburg, P 17110 (717) 238-2 0 Attorney f Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904,,telating to 4amaris Li Nor aIsification to authorities. Date: C//1"oZ l0-? 4 HANDLER, HENNING & ROSENBERG, LLP W. Scott Henning, Esquire ID #32298 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 JAMARIS LEGRAND Plaintiff V. PHILLIP T. BRAMMER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-767 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On April 16, 2007,1 hereby certify that a true and correct copy of Plaintiff's Complaint with Notice to Defend was served upon the following by depositing in US certified mail, return receipt requested: Michael B. Scheib, Esq. GRIFFITH STRICKLER LERMAN 110 South Northern Way York, PA 17402-3737 Respectfully Submitted, HANDLER, HENWKG-4 ROSENBERG, LLP Date: April 16, 2007 By: W. Wot4een;(Ag, ) o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant NOTICE TO PLEAD TO: Jamaris LeGrand c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS Date: May 8, 2007 By: ` MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Phillip T. Brammer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant ANSWER WITH NEW MATTER OF DEFENDANT. PHILLIP T. BRAMMER COMES NOW, the Defendant, Phillip T. Brammer, by and through his attorneys, Michael B. Scheib, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and responds to the allegations of Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 2. Denied. Defendant Brammer currently resides in Utah. 3. Admitted in part, and denied in part. It is admitted that Plaintiff LeGrand was the operator of said motor vehicle. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 3 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 4. Admitted. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 6. Admitted. 7. Admitted. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 9. Admitted. 10. Admitted in part, and denied in part. It is admitted that at said intersection, the vehicles came into contact with one another. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 10 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 11. Denied. This paragraph states a legal conclusion to which no response is required. COUNT I - NEGLIGENCE JAMARIS LEGRAND v. PHILLIP T. BRAMMER 12. Paragraphs 1 through 11 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 13. Denied. This paragraph states a legal conclusion to which no response is required. On the contrary, and at all times relevant, Defendant acted in a lawful, careful, safe and prudent manner and with due care as required by the circumstances. 14. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the 2 truth of the remaining allegations set forth in paragraph 14 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 15 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 16. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 16 of Plaintiffs Complaint, and the same are denied and strict proof thereof is demanded. 17. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 17 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 18. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 18 of Plaintiff s Complaint, and the same are denied and strict proof thereof is demanded. 19. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable 3 investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 19 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 20. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 20 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. 22. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 22 of Plaintiff's Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant, Phillip T. Brammer, respectfully requests this Honorable Court to enter judgment in his favor, together with the cost of this lawsuit. BY WAY OF FURTHER DEFENSE: NEW MATTER 23. Paragraphs 1 through 22 of Defendant's Answer with New Matter are incorporated herein as though fully set forth at length. 24. Plaintiff's injuries, if any, were caused by the acts and omissions of a third party over whom Defendant had no control. 25. Plaintiff's injuries, if any, were caused by events which either predated or postdated the motor vehicle accident which is the subject of this lawsuit. 4 26. Plaintiff's claim may be barred or limited by the Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant, Phillip T. Brammer, respectfully requests this Honorable Court to enter judgment in his favor, together with the cost of this lawsuit. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKIN Date: May 8, 2007 By: Vv MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer 5 VERIFICATION I, Phillip T. Brammer, hereby verify that the statements made in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the 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 of this document. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904 related to unsworn falsifications to authorities. Date: A4A, ,3 , 2007 Q 7Xrs--?? illip T. rammer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, NO. 07-767 Plaintiff V. CIVIL ACTION - LAW PHILLIP T. BRAMMER, Defendant CERTIFICATE OF SERVICE AND NOW, this 8th day of May, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Answer with New Matter of Defendant, Phillip T. Brammer, by United States First-Class Mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK S By: MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Phillip T. Brammer CA c CD • W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Henning@hhdaw.com JAMARIS LEGRAND : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-767 PHILLIP T. BRAMMER CIVIL ACTION -LAW Defendant PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Jamaris LeGrand, by and through her attorneys, HANDLER, HENNING & ROSENBERG. LLP, by W. Scott Henning, Esquire, and replies to Defendants' New Matter as follows: 23. Denied. The allegation set forth in Paragraph 23 is an incorporation paragraph to which no responsive pleading is required, however, to the extent the Honorable Court deems a response necessary, the Plaintiff incorporates the allegations set forth in her Complaint as though fully set forth herein. 24. Denied. It is denied that the Plaintiff's injuries were caused by the acts and omissions of a Third Party over whom the Defendant had no control, and proof to the contrary is demanded at the trial in this matter. 25. Denied. It is denied that the Plaintiffs injuries were caused by events which either pre-dated or post-dated the motor vehicle accident, which forms the basis of the subject cause of action, and proof to the contrary is demanded at the trial in this matter. 26. Denied. The allegation set forth in Paragraph 26 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, Plaintiff acknowledges that she will be bound by any provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, which the Honorable Court deems properly applicable to the subject cause of action. WHEREFORE, Plaintiff Jamaris LeGrand demands judgment against Phillip T. Brammer, for the relief set forth in her Complaint. ATE Respectfully submitted, HANDLER, W. Scott Hen irr I . D. #32298 1300 Linglestow Harrisburg, PA 1 717-238-2000 & ROSENBERG, LLP Attorney for Plaintiffs 2 I JAMARIS LEGRAND : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-767 PHILLIP T. BRAMMER CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On the 14th day of May, 2007, 1 hereby certify that a true and correct copy of Plaintiffs Reply To New Matter was served upon the following by depositing in U.S. Mail; Michael B. Scheib, Esq. GRIFFITH STRICKLER LERMAN 110 South Northern Way York, PA 17402-3737 Respectfully submitted, HANDLER.JHENN G DATE W. Sc?M Hen I.D. #32298 1300 Linglestown R Harrisburg, PA 17110 717-238-2000 & ROSENBERG, LLP Attorney for Plaintiffs VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification tp 90th orities. Date: W. SCOTT HE-UMING, JZSQ/JIRE ?"? ?? r,J r- ?? -,? --: ? =? r .,._, . +.' ?_ ._. `r?'i ?" C7 L3 t,J ..? SHERIFF'S RETURN - NOT FOUND CASE IZO: 2007-00767 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND LEGRAND JAMARIS VS BRAMMER PHILLIP T R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRAMMER PHILLIP T but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT NOT FOUND , as to BRAMMER PHILLIP T 12 KINGSWOOD DRIVE MECHANICSSBURG, PA 17055 DEFENDANT MOVED TO VERMONT. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 8.80 5.00 10.00 3/a/u7 n ? 42.1y Sworn and Subscribed to before me this day of So answers: R. Thomaef Kline Sheriff of Cumberland County HANDLER HENNING ROSENBERG 02/26/2007 A. D. y -r : :7J - Fi- ! • "? Cfl - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND 783 South Humer Street Enola, PA 17025 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17108 _717) 238-2000 Name/Address/Telephone No of Attorney No. & 7 Civil Action - (XX) Law ( ) Equity PHILLIP T. BRAMMER 12 Kingswood Drive Mechanicsburg, PA 17055 Signature of Attorne?r Supreme Court ID No Date: February 2, 2007 WRIT OF SUMMONS TO FB ABOVE NAMED DEFENDANT(S): M, YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 49 Pro onotary Date: by Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 TRUE COPY FROM HECORD T,ny wx? 4.y into set he vadt*, Pa -, 24 ev va E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMARIS LEGRAND, Plaintiff V. PHILLIP T. BRAMMER, Defendant AND NOW, this NO. 07-767 CIVIL ACTION - LAW CERTIFICATE OF SERVICE day of July, 2007, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of Defendant's Answers to Plaintiff's Interrogatories by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17108 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: MIC AEL B. SCHEIB, ESQ IRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 Attorney for Defendant, Phillip T. Brammer r.,? C' <? '? ' ? ?=' fI t? =T -r, - ?:?. _. ; ?? t-- ?. _?;?; i?,7 _ 1 C ? ,-' .-'- ?,? _ ==j Ct-} ...y FILED-!-YrlCE"TARY r-r .. - 3 AM 10' 54 CUP?h v.i-FA •c GJUNTY W. Scott Henning PENNSYLVANA Attorney ID# 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Henning@hhrlaw.com Jamaris LeGrand : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. : NO. 07-767 : CIVIL ACTION - LAW Phillip T. Brammer Defendant(s) PRAECIPE Please mark the above captioned matter settled and discontinued. Dated: 8/2/10 AND N I r W. Scott F nn & ROSENBERG, LLP