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HomeMy WebLinkAbout02-600102HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL, (PLAINTIFFS) VS. EARNEST L. RITTNER II, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. -- CIVIL ACTION - LAW 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 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 Plaintiffs. 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL, (PLAINTIFFS) VS. EARNEST L. RITTNER II, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Patrick K. Smeal and Mary M. Smeal, husband and wife, are adult individuals residing at 307 Candlelight Drive, Camp Hill, Pennsylvania. 2. Defendant Eamest L. Rittner II is an adult individual residing at 413 GeRry Avenue, New Cumberland, Pennsylvania. Regal. 4. At all times relevant hereto, Plaintiff Mary M. Smeal was the operator of a 1987 Buick At all times relevant hereto, Defendant Earnest L. Rittner, II. was operating a 2001 Audi. 5. The following events and motor vehicle accident occurred on June 26, 2001 at approximately 3:20 p.m. on Wertzville Road at its intersections with an off ramp for 1 81 in Hampden Township, Cumberland County, Pennsylvania. 6. At the above place and time, Plaintiff Mary M. Smeal was traveling south on the 1 81 off ramp and attempting to rum left on Wertzville Road when her vehicle was struck by the Defendant's vehicle. 7. At the above place and time, Defendant Rittner was traveling east on Wertzville Road, drove his vehicle into the intersection against a steady red signal and struck the Plaintiff's vehicle broadside. 8. At the above place and time, the intersection was controlled by a traffic light. 9. At the above place and time, Plaintiff Mary M. Smeal had a green light in her favor. 10. At the above place and time, Defendant Rittner had a steady red signal. 11. The aforementioned motor vehicle accident and resulting injuries and damages were caused by the negligence, carelessness, and reckless of Defendant Rittner in that he: (a) Failed to stop for a red signal; (b) Failed to yield to the Plaintiff's vehicle; (c) Failed to be alert and attentive while operating his motor vehicle; and (d) Failed to operate his vehicle with due consideration to the location of the PlaintiWs vehicle. 12. The aforementioned motor vehicle accident, injuries, and damages resulted solely from the negligence, carelessness, and recklessness of the Defendant, and were in no way attributable to any action, failure or act by the Plaintiffs. COUNT I MARY M. SMEAL VS. EARNEST L. RITTNER, II. 13. Paragraphs one (1) through twelve (12) of the Plaintiffs' Complaint are incorporated herein by reference as set forth at length. 14. As a result of the Defendant's negligence, carelessness, and recklessness, Plaintiff, Mary M. Smeal suffered personal injuries including, but not limited to, multiple rib fractures, a left pneumothorax, a left acetebulum fracture, a left pubic fracture, a pubic hematoma and pulmonary embolism. 15. As a result of the negligence, carelessness, and recklessness of the Defendant, Plaintiff Mary M. Smeal was forced to incur liability for past and future medical expenses, as well as miscellaneous expenses and a claim is made therefore. 16. As a result of the negligence, carelessness, and recklessness of the Defendant, the Plaintiff Mary M. Smeal has undergone and in the future may undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, a loss of life's pleasures and enjoyment and a claim is made therefore. 17. As a result of the negligence, carelessness, and recklessness of the Defendant, Plaintiff, Mary M. Smeal has been and may be in the future subject to embarrassment and humiliation and a claim is made therefore. 18. As a result of the negligence, carelessness, and recklessness of the Defendant, Plaintiff, Mary M. Smeal sustained work loss, loss of opportunity, and a dimunition of her earning power and capacity and a claim is made therefore. 19. It is believed and therefore averred that the injuries suffered by Plaintiff Mary M. Smeal may be permanent. Wherefore, Plaintiff Mary M. Smeal respectfully requests this Honorable Court to enter judgment against Defendant Earnest L. Rittner II in an amount in excess of the compulsory arbitration limits. COUNT II PATRICK K. SMEAL VS. EARNEST L. RITTNER, II. 20. Paragraphs one (1) through nineteen (19) of the Plaintiffs' complaint are incorporated herein by reference as of set forth at length. 21. Plaintiff Patrick K. Smeal has been in the past and may be in the future deprived of the care, companionship, consortium, and society of his wife and a claim is made therefore. Wherefore, Plaintiff Patrick K. Smeal respectfully requests this Honorable Court to enter judgment against Defendant Earnest L. Rittner, II., in an amount in excess of the compulsory arbitration limit. Date: December 17, 2002 Respectfully submitted, LAW OFFICES OF JACOBS & SABA 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 58867 (Attorney for Plaintiffs) 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Nationwide Mutual Insurance Co. PATRICK K. SMEAL AND MARY M. SMEAL (PLAINTIFF) VS. EARNEST L. RITTNER II, (D .FENOANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Mary M.. Smeal, verify that the statemems made in the foregoing Complaim are true and correct to the best of my knowledge, information and belief. I understand that false statemems herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: November 12, 2002 Mary~,~ ~,~meal..A~ ./ . 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Nationwide Mutual Insurance Co. PATRICK K. SMEAL AND MARY M. SMEAL (PLAINTIFF) VS. EARNEST L. RITTNER II, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Patrick K. Smeal, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ~~/(//~Dated: November 12, 2002 Pa~ickK. Smeatl l- - . \ SHERIFF'S RETURN - NOT SERVED CASE NO: 2002-06001 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SMEAL PATRICK K ET AL VS RITTNER EARNEST L II R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: RITTNER II EARNEST L unable to locate Him in his bailiwick. COMPLAINT & NOTICE but was He therefore returns the the within named DEFENDANT NOT SERVED , as to , RITTNER II EARNEST L UNABLE TO SERVE ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. MAIL IS DELIVERED TO ADDRESS GIVEN. Sheriff's Costs: Docketing 18.00 Service 23.46 Affidavit .00 Surcharge 10.00 .00 51.46 RJ THOMAS KLINE SHERIFF OF CUMBERLAND COUNTY NATIONWIDE INSURANCE 01/22/2003 Sworn and subscribed to before me this 2B~ day , ! ~0_~ A.D. onotary ' 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL, (pL~rlrrS) VS. EARNEST L. RITTNER Ii, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-6001 CIVIL TERM CIVIL ACTION - LAW JURY Tmn~ DEMANDED PRAECIPE TO REINSTATE COMPLAINT To: Curtis Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Kindly reinstate the complaint in the above referenced matter and return it to me for service upon the Defendant. Date: February 3, 2003 Respectfully Submitted, JACOBS & SABA 214 Senate Avenue Suite 503 Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICK K. SMEAL and MARY M. SMEAL ' Plaintiffs No. 02-6001 Civil EARNEST L. RITTNER, II, JURY TRIAL DEMANDED Defendant PRAEClPE FOR ENTRY OF AppEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of Eager, Reinaker & Spinello as attorney of record on behalf of Defendant in the above captioned action. EAGER, REINAKER & SPINELLO BY: ~eorge Fi. E~llr~r, Esqui Attorney fo~)efendant I.D. No. 2'~740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 EAGER, REINAKER & SPINELLO BY: 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 1029(e). 3. 1029(e). 4. 5.-12. 1029(e). IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICK K. SMEAL and MARY M. SMEAL · Plaintiffs No. 02-6001 Civil V. EARNEST L. RITTNER, II, ' JURY TRIAL DEMANDED Defendant · ANSWER WITH NEW MATTER You are hereby notified to plead to the within New Matter within 20 days from the date of service hereto or a default judgment may be entered against you, AND NOW COMES DEFENDANT, BY AND THROUGH HIS ATTORNEY, GEORGE H. EAGER, AND FILES THE FOLLOWING ANSWER: Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). Denied in accordance with Pennsylvania Rules of Civil Procedure The correct spelling of the Defendant's first name is Ernest. Denied in accordance with Pennsylvania Rules of Civil Procedure Admitted. Denied in accordance with Pennsylvania Rules of Civil Procedure WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT I MARY M. SMEAL vs. EARNEST L. RITTNER, II 13. No response is required. Paragraphs I through 12 of Defendant's Answer are incorporated herein by reference as though fully set forth. Denied in accordance with Pennsylvania Rules of Civil Procedure 14-19. 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiff's Complaint. COUNT II PATRICK K. SMEAL vs. EARNEST L. RITTNER, II 20. No response is required. Paragraphs 1 through 19 of Defendant's Answer are incorporated herein by reference as though fully set forth. 21. Denied in accordance with Pennsylvania Rules of Civil Procedure 1029(e). WHEREFORE, Defendant asks that judgment be entered in its favor and against the Plaintiff on all claims set forth in Plaintiff's Complaint. NEW MATTER 22. Paragraphs I through 21 inclusive above are incorporated herein by reference and made a part hereof. 23. Plaintiffs' recovery is barred and/or limited pursuant to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, 75 Pa.C.S.A. 1701, et. seq., and Answering Defendant hereby assert all of the rights and defenses available to him under the aforementioned act. 24. Plaintiffs' claims are barred and/or limited pursuant to the applicable Statute of Limitations, the relevant portions of which are incorporated herein by reference. 25. Plaintiffs' claims are barred and/or limited by the tort thresholds, applicable by election or law, of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. {}1701, et. seq. 26. Plaintiffs' claims are barred and/or limited by the preclusion of pleading, proving and/or recovering special damages as set forth in {}1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, Pa.C.S.A. §1722. WHEREFORE, Answering Defendant respectfully demands judgment in his favor and against all other parties together with the costs of this action. EAGER, REINAKER & SPINELLO BY: George H. Eager, Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 VERIFICATION I, ERNEST L. RITTNER, II, hereby verify that I am the Defendant in the foregoing action, and that the averments of the foregoing Answers with New Matter to the Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments of the Answers with New Matter to the Complaint are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that I am subject to the penalties of '18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities for any false statements made herein. ERNEST L. RITTNER II Dated: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served a true and correct copy of the foregoing Answer with New Matter upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 EAGER, REINAKER & SPINELLO DATE.Oq }01 t.0~ BY: Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICK K. SMEAL and MARY M. SMEAL · Plaintiffs No. 02-6001 Civil EARNEST L. RITTNER, II, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICF I HEREBY CERTIFY that I have this day served an original of Interrogatories of Defendant Addressed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 EAGER, REINAKER & SPINELLO DATE: 0~10~ \0"~ BY: Lancaster, PA 17601 (717) 290-7971 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICK K. SMEAL and MARY M. SMEAL · Plaintiffs No. 02-6001 Civil EARNEST L. RITTNER, II, Defendant JURY TRIAL DEMANDED .CERTIFICATE OF SERVICF I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Request for Production and Copying of Documents - Set No. 1 Directed to Plaintiffs upon the person set forth below and in the manner indicated: First class mail, postage prs-paid: Girard E. Rickards, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 EAGER, REINAKER & SPINELLO DATE: OCt}t.~t l 03 BY: 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL (PLAINTIFFS) VS. EARNEST L. RITTNER II, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-6001 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MAITER 22. Paragraphs 1-21 of the Plaintiff's Complaint are incorporated herein by reference. 23. The allegations of paragraph 23 constitute a conclusion of law to which no response is required. To the extent that response is deemed required, each and every averment of paragraph 23 is specifically denied and strict proof there of is demanded at the time of trial. 24. The allegations of paragraph 24 constitute a conclusion of law to which no response is required. To the extent that response is deemed required, each and every averment of paragraph 24 is specifically denied and strict proof there of is demanded at the time of trial. 25. The allegations of paragraph 25 constitute a conclusion of law to which no response is required. To the extent that response is deemed required, each and every averment of paragraph 25 is specifically denied and strict proof there of is demanded at the time of trial. 26. The allegations of paragraph 26 constitute a conclusion of law to which no response is required. To the extent that response is deemed required, each and every averment of paragraph 26 is specifically denied and strict proof there of is demanded at the time of trial. Wherefore, Plaintiffs Patrick K. Smeal and Mary M. Smeal respectfully request your Honorable Court to Enter Judgment in their favor in an amount in excess of the compulsory arbitration limit. Date: April 21, 2003 Respectfully Submitted, Law Offices of Jacobs & Saba Identification No. 58867 Attomey for Plaintiffs 02HB-00129 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL, (PLAINTIFFS) VS. EARNEST L. RITTNER II, (D F NDA T) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-6001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of Plaintiffs' Reply to Defendant's New Matter, to be served by regular first class mail upon: Dated: April 21, 2003 George Eager, Esquire 1347 Fruitville Pike Lancaster, Pa 1760!. ~. Identification No. 58867 Attorney for Plaintiffs 02HB-00129 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK K. SMEAL AND MARY M. SMEAL (PLAINTIFFS) VS. EARNEST L. RITTNER II~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA No. 02-6001 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. ~Gri~-~d ~. Rickards, iEsquire LAW OFFICES OF JACOBS & ASSOCIATES Identification No. 58867 Attorney for Defendant Date: _September 22, 2003_ 02HB-00129 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs PATRICK g. SMEAL AND MARY M. SMEAL (PLAINTIFFS) VS. EARNEST L. RITTNER Il, (DEF OANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~ PENNSYLVANIA NO. 02-6001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs herein, and that he caused a true and correct copy of Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Dated: September 23, 2003 George Eager, Esquire 1347 Fruitville Pike Lancaster, PA 17601 Identification No. 58867 Attorney for Plaintiffs