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Home My WebLink About07-0968SHEILA KLINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. :NO. 07 -- 41.? Ct v 'L L CIVIL ACTION -LAW KELSEY C. BOYER, Defendant. : JURY TRIAL DEMANDED 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 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, PA 17013 (717) 249-3166 NOTICIA Les han demandado a usted en la corte. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no soe defiende, la corte tomara mmedidas y purde entrar una Orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 249-3166 SHEILA KLINE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 9l p elu?L? CIVIL ACTION -LAW KELSEY C. BOYER, JURY TRIAL DEMANDED Defendant. COMPLAINT AND NOW, comes the Plaintiff, Sheila Kline, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint: 1. The Plaintiff, Sheila Kline, is an adult individual residing at 106 S. West Street, Apt. 3, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Kelsey C. Boyer, is an adult individual residing at 2 Shilo Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times relevant hereto, the facts and occurrences hereinafter set forth occurred December 15, 2005, at approximately 1:47 p.m. at West Trindle Road and Locust Point Road, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, the Plaintiff, Sheila Kline, was operating a 1991 Chevrolet Geo Prism on Trindle Road. 5. At the aforementioned time and place, the Defendant, Kelsey Boyer, was operating a 1998 Ford Explorer on Locust Point Road, Cumberland County, Pennsylvania. 6. At the aforementioned time and place, the Defendant, Kelsey Boyer, did violently collide with the vehicle in which the Plaintiff was a driver, said collision occurring at the intersection of Locust Point Road and West Trindle Road. 7. The aforementioned collision was a direct result of the Defendant, Kelsey C. Boyer's, negligence and carelessness in the following: A. failing to stop for a stop sign at Locust Point Road and West Trindle Road; B. failing to observe a stop sign at the aforementioned intersection; C. failing to have her vehicle under control so as to be able to stop at the controlled stop intersection; D. failing to break so as to prevent a collision with the Plaintiff's vehicle; E. failing to observe the conditions so as to avoid a collision; and F. otherwise operating her motor vehicle in such a fashion so as to come into contact with a violent collision with the vehicle of the Plaintiff. 8. As a result of the aforementioned conduct of the Defendant, Kelsey C. Boyer, the Plaintiff suffered great pain and suffering in the past and will in the future undergo great pain and suffering. 9. As a result of the aforementioned, the Plaintiff did undergo inconvenience and loss of life's pleasures in the past and will in the future will undergo inconvenience and loss of life's pleasures. -2- 10. As a result of the aforementioned, the Plaintiff did suffer permanent diminution in earning capacity. 11. As a result of the aforementioned, the Plaintiff incurred medical expenses in excess of the Motor Vehicle Financial Responsibility First Party Benefits. 12. As a result of the aforementioned, the Plaintiff did sustain lost wages in excess of the provisions of the Financial Responsibility Law. 13. As a result of the aforementioned collision, the Plaintiff did suffer the following injuries which include, but are not limited to: A. right femur fracture; B. left clavicle fracture; C. fracture of the cervical spine; D. aggravation of a pre-existing degenerative condition; and E. severe trauma to the nervous system. 14. As a result of the aforementioned injuries, the Plaintiff in the past has incurred medical expenses and will in the future incur medical expenses as a result of the accident. -3- WHEREFORE, Plaintiff prays this Court to grant judgment as against the Defendant in an amount in excess of compulsory arbitration in an amount requiring a jury trial. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan . Richard Wagner, Esquire T.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: w lia d -4- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. DATE: I / 2.0' 0 '7 ?xr C C) c 0 -? -n -cj t'O -? r.. Film r O t . •` r } Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant SHEILA KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KELSEY C. BOYER, NO. 07-968 CIVIL TERM Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant, Kelsey C. Boyer, in the above-captioned matter. Date: ( 15107 JOW4$ON, DUFFIE, STEWART & WEIDNER 3eftfson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 1 d 2 P. Richard Wagner, Esquire Manke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Jeff rs& V' Shipman, Esquire I.D. : 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 293376 r- -TI T'I1 ? 1 . _ a Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com SHEILA KLINE, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KELSEY C. BOYER, Defendant CIVIL ACTION - LAW NO. 07-968 CIVIL TERM JURY TRIAL DEMANDED NEW MATTER NOTICE TO: P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. JOHtON, DUFFIE, STEWART & WEIDNER n ?' Ye?son J. Shipman, Esquire Date:/?07 ! Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com SHEILA KLINE, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA KELSEY C. BOYER, Defendant CIVIL ACTION -LAW NO. 07-968 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Kelsey C. Boyer, by and through her counsel, Johnson, Duffie, Stewart & Weidner, and Jefferson J. Shipman, Esquire, and files the following Answer and New Matter to Plaintiffs Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that there was a collision between the vehicles at intersection of Locust Point Road and West Trindle Road. the remaining averments of Paragraph 6 are denied as conclusions of law. 7. Denied. The averments contained in Paragraph 7, and subparagraphs A. through F. are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 8 and the same are therefore denied. 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 9 and the same are therefore denied. 10. Denied. The averments contained in Paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 10 and the same are therefore denied. 11. Denied. The averments contained in Paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 11 and the same are therefore denied. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 12 and the same are therefore denied. 13. Denied. The averments contained in Paragraph 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 13 and the same are therefore denied. 14. Denied. The averments contained in Paragraph 14 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied.. After reasonable investigation Ms. Boyer is without sufficient knowledge or information to form a belief as to the truth of the averments of Paragraph 14 and the same are therefore denied. WHEREFORE, the Defendant, Kelsey C. Boyer, respectfully requests that judgment be entered in her favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 15. That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. §1701, et seg. 16. That the Plaintiffs alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. 17. That the Plaintiff may have failed to mitigate her damages. 18. That if it should be found that there was any negligence on the part of Ms. Boyer, which is specifically denied, then in that event any such negligence was not a substantial factor, nor a factual cause, of Plaintiffs harm. 19. That the Plaintiffs alleged cause of action may have been caused by an intervening, superceding cause. 20. That the Plaintiffs' alleged cause of action may have been caused by a sudden emergency. 21. That the Plaintiffs accident may have been unavoidable. 22. That the Plaintiffs alleged cause of action may have been caused by third parties or entities not presently involved in this action. 23. That the Plaintiffs alleged cause of action may have been caused by a dangerous condition of the highways. WHEREFORE, the Defendant, Kelsey C. Boyer, respectfully requests that judgment be entered in her favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, JI ON, DUFFIE, STEWART & WEIDNER // /l A _ i DATE : y< ?a? 293512 J ers J. Shipr6an, Esquire orneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: ps@jdsw.com Attorneys for Defendant VERIFICATION I, Kelsey C. Boyer, have read the foregoing Answer and New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ????? Kelsey . Boye DATE: 3/2? 293524 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER Je erson J. ShipmFan, F1 I. P. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 293512 ' C! % C 1 7t ._ fv SHEILA KLINE, V. KELSEY C. BOYER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO: 07-968 CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant. ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Sheila Kline, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Answer to New Matter: 15. Denied. It is denied that Plaintiff's action is barred in whole or part by the Pennsylvania Motor Vehicle Financial Responsibility Law. 16. Denied. It is denied that Plaintiff's cause of action is barred in whole or part by the Pennsylvania Comparative Negligence Act. 17. Denied. It is denied that Plaintiff has failed to mitigate her damages. 18. Denied. It is denied that the negligence of Ms. Boyer was not a substantial factor in Plaintiff's harm. 19. Denied. It is denied that Plaintiff's cause of action was caused by an intervening superceding cause. 20. Denied. It is denied that Plaintiff s cause of action is caused by a sudden emergency. 21. Denied. It is denied that Plaintiff's accident was unavoidable. 22. Denied. It is denied that Plaintiffs cause of action is caused by third parties or entities. 23. Denied. It is denied that Plaintiff s cause of action may have been caused by a dangerous condition of the highways. WHEREFORE, Plaintiff requests this Court to dismiss the New Matter of the Defendant. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan J! %cha 'agner, Esquire Y.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. DATE: `? 1 7 CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 By_ Alt4, Debra K. Spinner, Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff Date: // Is 7 ' ? c., .. c ?:? ?.n `11 "'r ,, _,,? _.--; _..? lrt -'*'t ?-i .` J o .{ SHERIFF'S RETURN - REGULAR CASE NO: 2007-00968 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KLINE SHEILA VS BOYER KELSEY C JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon nnv=0 TZUT_QVV (I the DEFENDANT at 2100:00 HOURS, on the 21st day of February 2007 at 2 SHILO COURT MECHANICSBURG, PA 17055 by handing to ANNE BOYER, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 3)0&/0'1 18.00 6.16 .39 10.00 .00 ? 34.55 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 02/22/2007 MANCKE WAGNER SPREHA By: day ,D puty Sheriff A. D. SHEILA KLINE, V. KELSEY C. BOYER, Plaintiff, Defendant. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-968 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter as settled and discontinued. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan P. Rich W r, Esquire I.D. 31 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: i? D :-o ??.? t.".7 ,.p __., .. "?.ro ..._'? .. t".J ... - ??1 , i .: ?__._. ?"4,,"I -._ii "'r`