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Home My WebLink About97-04895 " 'IJ :[1 tl~ , / , i r~, .~ I ,~r ,}, :Ii:' '/ /, ,'f , / .'f ,I, ~\ ;'i J"::'J,\ t. ':(1,: )- W - t :1 ~ ~ '~ ',~; f~ I,. .'.1 t ,,:,:..;1 ,';,1 ., ,1"1 '" '> ./,l , ./ , , , ,. "i I~.\ ,!'Iel, iJ ,';;". "'1 /',11 ~ ~'; , ~ . -sa ...Q ~ { ~ ~ ........ . .. .~ ... <:J \" ~ 0.- ~ COUNT II - PUNITIVE DAMAGES Felisha Cobb. a minor. by her oMents and natural quardians. Ervin and Judv Cobb v. Bruce Brumlev 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Defendant Brumley knew or should have known that once he became involved in a motor vehicle collision he acquired an affirmative duty to remain at the accident scene. 13. Defendant Brumley knew or should have known that his conduct of fleeing the scene of a motor vehicle collision placed Ms. Cobb at a higher risk of sustaining serious personal injuries. 14. Defendant Brumley's conduct was outrageous and with reckless indifference to Ms, Cobb in that he caused a motor vehicle accident and then fled the accident scene. CLAIM I Felisha Cobb. a minor. bv her oarents and natural quardians. Ervin and Judv Cobb v. Bruce Brumlev 15. Paragraphs 1 through 14 of the Complaint al'e incorporated herein by reference. 16. Ms. Cobb sustained painful and severe injuries which include but are not limited to bilateral cornea burns and traumatic iridocyclitis. 17. By reason of the aforesaid injuries sustained by Ms. Cobb, she WoUI forced to incur liability for medical treatment, medicat ions, hospital treatment, ophthalmological care. and similar ~ i6 ~\ ~ {-., '., .. ~ J~ ,e, .,.. I ir~ (" I t.,'-; ~ ' ' 1", ltt . ~ ~, ~.' . .FJ C,)q \: ,'. " t:.J ~ r,t ,'\:) ~ " ~ "" t'. ., '.1 ~ "_11.1 .C U. .'.' I CJ_' , :~\:;} lL ,- (~J ~ ~ U ,:.. .. , , , " , , I," ..: " '* OUN1Y OF CUMBERl.AND C O"lce of The SherI" 1 Courthouse Square Carlisle, Pennsylvania 17013 , " . ! " CERTIFIED I I ; I \ I \. I , .,J, . . \ , 'y!J t fl~ ( ]) , ------- Bruce Brum1e Tan bfl1mltlj (6.{O-Q, ~TU.,.(O TO t SENDER tfASON CHECKED tIcl'llow_ROl...,,_ ~.fl'lkllO.'__ 1.,lftcl..II"",... ...d1.''''_IUmbtr_ ."".WCllnll.l. II II. """ 'I "', ....it,. CQurt GA 31093-2110 Z ]]2 1\46 3'/5 MAIL .. .. - ,\ "JI,"""''i,' , :', -. . '''-, 1 . ~p ~t1j"j 'Jlll JlI Iqt>lI dIll UI"! t/\IJ11,i!IJlhMIJdIJII1I r ilj -' i SI!NDER: ~ 1-4l:l't:J C1V1 aCGmpleleltelnl1 wdlor :z tor ~uoneI wMtel. -Come:HI. ltemI3. "". lIOd 4b. I .1'rInt your NrM ~ IIddreea on the ~~.Ollhl' tool1lO that w. can return !hl, -"'you, .~ IhII tonn to 1M froot of 1M 1Ni1~.ca, Of on It..! \:lI.ck II 'Pace 00.. not _I. . aw,...oRlIfUm R<<*pf ReqlJ_~' on the mallpiOct ~w thD artida numa.r. . .n. Relum Rec>>lplIII'IU ahow 10 whom 1M artlcla w.. dellv..'ed.,d the data I dollV_, 13, ArlIcIe Addro..ed to: Bruce Brumley 311 Tang1ewood Warner Robins, COllrt GA 31093- 2110 5. RlICllved By: (Print NafM) I e. $lgnabJfI: (Add....e or Agent) X .. PS Fonn 3811, OllCember 1994 , also wlaI1 to ,_ve ... following ..NIce. (fo< III extr. 'M): 1, 0 Add,......... Addr_ 2, 0 Re.tJ1cted Datlvery Consult pootmal1a, to< I... 4n. Article Number Z 332 846 375 4b. Service Type o Regl.t.red III Cor1lfted o Exp,eso Mall 0 InlUred o Rolu,n Recelpllor _rd.. 0 COO 7, Del. 01 Delivery I I I , J _l 8. Add,....... Addr... (Only If _;;;r-l and /H'. paid) ~ 10251)!H1TB0179 .. , ..-/ '...1." "". ' 'i',. -', ,""li'- r 'Of., " ' FELISHA COBB, a Minor, by her parents and natural guardians, Ervin and Judy Cobb, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO~ - LAW NO... I (/7-' lJ S 15- (J~ vs. BRUCE BRUMl,EY, Dehndant JURY TRIAL DEMANDED NOTICE TO DEFEND You hav~ been sued in court. If you wish to defend against th~ claims set forth in the folluwing ~ages, you must take actiun within twenty (20) days after this Complaint and Notice are served, b}' 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 th~ 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 requeated by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOUt.D 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. Court Administrator 4th floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 24(\-6200 'ntUE COPY FROM RECOR~ TlIIImOny wlleroof, lhore IInlO set my ~nd 1 at id ,f,01411 ill CtrllSIO. Py? T~, t, _1I ,'~ '~} fl:' IlL , . Proth ~1q'{3 116HBnc4 FELISHA COBB, a Minor, by ~er parents and natural guardians, Ervin and Judy Cobb, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. vs. BRUCE BRUMLEY, Defendant JURY TRIAL DEMANDED COMPLAUiI 1. Plaintiff Felisha Cobb, a minor, by her parents and natural guardians, Ervin and Judy Cobb, who reside at 234 Marion Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Bruce Brumley is an adult individual who resides at 1917 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about March 18, 1997, at approximately 8:04 p.m. on Spring Road, Cumberland County, Pennsylvania. 4. At that time and place, Ms. Cobb was operating a 1993 Chrysler Lebaron in a southbound direction on Spring Road. 5. At the same time, Defenda~t Brumley was oper~ting a 1992 Hyundai Excel in a eastbound direction while he exited the parking lot of the Fox and the Hound located adjacent to 1564 Spring Road. 6. Defendant Brumley failed to yield to oncoming traffic and drove his vehicle directly into the path of Ms. Cobb's vehicle, causing a violent collision. 7. Immediately after the collision, Defendant Brumley fled the scene of the accident. e. Defendant Brumley knew or should have known that fleeing the scene of an accident could have endangered others involved in the collision and such conduct constitutes a reckless indifference to Plaintiff Felisha Cobb and outrageous conduct. COUNT I - NEGLIGENCE Felisha Cobb. a minor. bv her oarents and natural quardians. Ervin and Judv Cobb v. Bruce Brumlev 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference, 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Felisha Cobb are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Brumley operated his motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b. failure to yield the right-of-way; failure to keep a proper watch for traffic on c. the highway; d. failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; e. failure to keep proper and adequate control over his vehicle; and f. dri ving his vehicle upon the highway in a manner endal'gering persons and property and in a rfllcklesliI manner with careless disregard to the rights and safety of others by fleeing the scene of an accident and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT II - PUNITIVE DAMAGES Felisha Cobb. a minor. bv her 9arents and natural auardians. Ervin anq Judv Cobb v. Bruce Bru~ 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Defendant Brumley knew or should have known that once he became involved in a motor vehicle collision he acquired an affirmative duty to remain at the accident scene. 13. De.endant Brumley knew or should have known that his conduct of fleeing the scene of a motor vehicle collision placed Ms. Cobb at a higher risk of sustaining serious personal injuries. 14. Defendant Brumley's conduct was outrageous and with reckless indifference to Ms. Cobb in that he caused a motor vehicle accident and then fled the accident scene. CLAIM I Felisha Cobb. a minor. by her narents and natural auardians. Ervin and Judv Cobb v. Bruce Bruml~y 15. Paragraphs 1 through 14 of the Complaint are incorporated he~ein by reference. 16. Ms. Cobb sustained painful and severe inj uries which include but are not limited to bilateral cornea burns and traumatic iridocyclitis. 17. By reason of the aforesaid injuries sustained by Ms. Cobb, she was forced to incur liability for medical treatment, medications, hospital treatment, ophthalmological care, and similar ftlffl (Q(I"t~!J..n ' ). -(4,(,1... (,.i I' L I ,kJ.L il./. Cn1'j -'//-1 Ikl~t~J J"-d f';1 ,~lJ OF"'~r ,',r ;flr :;IIEfIJrF .' I ': f ,\' ~'( " SE' II a 06 AH '97 Gi,i\L, ',' L,~ Pi.:NIJ8i' ,',VMJ/^ .... It,). en -I ~r:J;. a Xr- ,VI .~ ;:, ~' ~J.. r- ~~ S < ~ ~ ~ Z 'l\ .", -;:.- cg !)....J ;: .:~~ ~~I~ ix ) ;.::: 'w a.. ,1'1, " " , , i ' ., , , , , " I'" I" , \ " i , i ,J ,I I " ~,I ' .1 I " '" " ",. OJ (I' e: C. .. " , II ,f_' ('J < " ,- '... , : u.. . " .:i, ():' I::'. ;:y . ~ " ~:j I. , q I, r I '1 I, '.. , ",'-4 " (.;') ::.i ( ) (J' () , " - " ", I' >- -. ~ ~'2 Ln t=-' .. ';:;J..r ~f.;~ ~ '3'" , .~. " .,. I [ "" ..- . ,r -...",.... "'- r"'i::,J JF:: , ..' ': i;, I ~~'" ",.,. . , I,: t",.. Ul... N "j,l;;: U!" I ..i~ ~i)re ;~' ..:;; ~.~ x: ~ CI;l :'j 0"\ u , I .1, , 1 II!xhlbltA . f~"1I.1 ,,/ ',/ FELISHA COBB. a Minor. by her parents and natural guaraians. Ervin and Ju4y Cobb. IN THE COURT OF COMMON ~~EAS CUMBDL.AND COUNTY, ~ENNSY1.vANIA CIVIL ACTION - LAW NO'Q7_ 4~tj~ PlaintiU - ~,:..L va. BRUCE BRUMLEY. Defendant JURY TRIAL DEMANDED ~OTICE TO DEFEND You have been sue4 in court. It you wish to defend against thp. cl&!,",s fieI', forth in the following pages. you mUlIt take action w:.:c:h:l.n twent.y (:;10) c1aYlil after this Complaint a..nc1 Notice are served, by enter:l.ng a written appearance perlonally or by attorney and filing in writing with the Court your defenses or objections to t.he claims set forth against you. You are warned that if you fail to do so the case may proclled without you. and a judgment may be entered against you by the Court without further notice for any money claimed in the Compl&int or for any other claim or relief requested l:>y 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 WHiRE YOU CAN GET LEGAL HELP. Court Administrator 4th floor CUmberlana County Courthoule Carlisle. Pennsylvania 17013 (717) 240-6:.100 ? ~... 1"'1 _I '., '"" ':1 -' .~ '..:'.: "oJ " ~. ,..., ", - ,.;:I '. .:. .., '. . ':~, , . -: '~ '.,"1 ,., " , . :~ . ,'. -.a '~ . ...., ~ :., :J 1.1 - -. uUU/l.C. EXHIBIT "A" FELlSKA COBB, a Minor, by her parent. and natural guardian., Ervin and Judy Cobb, plaintiff IN THE COURT OF COMMON Pt.EAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW NO. v.. SRUCE BRUMLEY, Defendant JURY fRIAL DEMANDED COMPLAINT 1. plaintiff relisha Cobb, a minor, by her parente and natural guardians, Ervin and Judy Cobb, who reside at 234 Marion Avenue, Carlisle, CUmberl~d County, Pennsylvania. 2. Defendant Bruce Brumley is an adult individual who resides at 1917 Douglas Drlve. Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or ahout March lB. 1997, at approximately 8:04 p,m. on Spring Road, Cumberland County, Pennsylvania. 4. At that time and place, Me, Cobb was operating a 1993 Chrysler Lebaron in a .outhbound direction on Spring Road. 5. At the same time, Defendant Brumley wae operating a 1992 Hyundai Excel in a eastbound direction while he exited the parking lot ot the Fox and the Hound located adjacent to 1564 Spring Rcad. 6. Defendant Brumley tailed to yield to oncoming traffic and drove his vehicla directly into the path of ~. Cobb'. vehicle, causing a violent collision. . ' 7. tmmediately after the collision, Oefandant Brumley fled the Beene of the accident. S. Oefen,aant Brumley knew or .hould have known that fleeing the .cene of an accident could haves endangend other. involved in the colli.ion and .uch conduct con.titutes. a reckl... indifference to Plaintiff reli.ha Cobb and outrageou8 conduct. ~OUNT I - N'EGLI9ENCE Felisha cach. . minor. bv her ~ar~ntB and natural auardiBns. ~rvin and Judv Cobb v ~ruce RrumlAv 9. ~aragrapha 1 through 8 of the complaint are incorporated herein by reference. 10. The foregoing accident and all of the injur.ie. and alllnagee .et forth hereinafter su.tained by plaintiff Feli.ha Cobb are the direct and proximate result of the n.gligent, car.l..., wanton and r.ckl... manner in which Defend&nt Brumley op.rat.d hi8 motor vehicle a8 follows: a. failure to keep alert and maintain a prop.r watch for the pre.ence of other motor vehicles on the high",ay; b. failure to yield the right-of-way; failure to keep & proper watch for traffic on c. the highway; d. failure to drive hi. vehicle with due ragard for the highlllay and traffic comUtion. which wire existing anel of which he was or .hould have been aware; e. failure to keep proper and adequate control over hi. vehicle; and f. driving hi. vehicle upon the highway in a maMer endimgering parson. and properey and in a reckl... maMer with carele.. di.regard to the rights and .afaty o~ other. ~y fleeing the Icene of an accident and in violation of the Motor Vehicle Code of the commonwealth of p.nn.ylvania. COUNT II - PUNITIVE DAMAGES relish. Cobb. a minor. bv her car.nts and na~ural auardian.. Ervin and Judy Cobb v. Bruce BrumleY 11. Paragraph. 1 through 10 of the Complaint are incorporated herein by reference. l:Z. Defendant Brumlay knew or .hould have known that once he became involved in a motor vehicle collilion he acquired an affirmat'ive duty to remain at the accident Icene. 13 . Defendant. Brumley knew or .hould have known that his conduct of fleeing the .c~ne of a motor vehicle colliaion placed Ms. Cobb at a higher riaK of su.taining leriouI personal injuries. 14. Defendant Brumley's conduct wal outrageous and with recklesl indifference to MI. Cobb in that he caused a motoX' vehi.cle accident and then fled the accident SClne. CLAIM I Fellah. Cobb. . minor. hv her narents and natural auardian.. Ervin and Judv Cobb v. nruee Bruml.v 15. paragraphs 1 through 14 of the Complaint are incorporated herein by reference. 16. MI, Cobb 8ultained painful arid levere injuries which include t.ut are net limited to bilateral cornea bu:rnl and traumatic iridocycliti. . 17. By nalen vf the aforeeaid injuries IUltained by M8. Cobb. Ihe val forced to inc:\U' liability foX' medi.cal treatment, medicationl. hOlpitd treatment, ophthalmological care, and limilar , " .' m1ucellaneous exPense. in an effort to r.at~re her.elf to health, and claim i6 made therefo:!:'. 18. Becau.e of the nature of her injurie.. Ms. Cobb has been advised and. therefore. avers that she may be forced to incur similar expen.es in the future, and claim is made therefor. 19. Jl.s a result of the aforementioned injuries, Mil. Cobb has undergone and in the future may undergo physical and mental Buffering, inconvenience in carrying out her daily activities. loss of life'S pleasures and enjo~n.nt. and claim is made therefor. 20. As a result of the aforesaid injuries, Ms. Cobb has bp.en and i~ the future may be subject to humiliation and embarrassment. and claim ia made therefor. WHEREFORE. Plaintiff FeliF;ha Cobb, a minor, by her parents and natural guardians, Ervin and Judy Cobb, demand. judgment against Defendant Bruce Brumley in an amount in excess of Twenty-five Thou.and ($25,000.00) Dollars for compensatory and punitive damages exclusive of interellt and COlltS and in exce.s of any jurisdictional amount requiring compulsory arbitration. ANGINO r. ROVNER, P.C. D V Lutz 1.0. *35956 4503 N. Front Stre.t Harri~burg, PI'. 17110 (71 7) 238-6791 Counael for Plaintiff Date l.5.pi , q, /r;Q? >- <:'1 , ~': fl"' - ':1'" .l. . ., " , ," -" " ~': ' :'t:.: . fl'" . , .... " )i~ . . .~ '(' , frl ' N ' I ~.: I " I' ," ._~, II ~:~ "j!J \.C., (I"l.. ~, ::t. ~..:! u' cr. :::1 CJ Q", 1;.1 " 1 'I , , " .~ I.n '.. 'i,;' ,'-; ['.: , U!' S: -" (,\ " " f::' ....,~ {~"] I ' '" Tl In 1 E'" ~;:, i ,; I ll!t I ,. I." ',I .... II.. 0" :, \""j ,"'I I",J UiQ II: ;: ,I I Iii I ;;; ~ :ll N ~ 0\1 ~ lf ;::: - i~i ~ ~.." ., '. ORIGINAL ,. ~ . PRr\ECII'E FOR L1STlM. C.\SE rOR r\ltGDIENT I ~11I5l be lypewritlen and ~lIhlllltlc<l III <Il1plkale) TO THE PROTHONOTARY, OF CUMBERL.\;';D CQl::-rry: Pl,:ue IIs1 the within rn3tl,r for the next: o Pre'Trt:1l Ar~umenl CJUrl GJ Argument COUll --------------------------------------------------------------~------- CAPTION OF CASE (en lire e3ption must be slmd in full) f'el isha Cobb, a Minor, by her parents and natural guardians, Ervin and Judy Cobb ~Plminllfn VS. N 97..4895 . o. Civil C' ',iJ C1 C", .-;;J Tl ~': ~:,. -t'Jl -, ':-:rJ I.:') .-.1 I'" " .-, ,., ", I'" " ',,1 " - , ~' ~ ,I.:l ,"; ::-:J .() sj ,rH , , ,. '':':J ._~ (;J ", 19_ Bruce Brumley (Defendant) VS. I. Slalt mailer to be 3rgued (I. e" pl:1lnlift.s malion for new Irl:ll, d.f.ndlllll's d.murrer 10 eomplmlnl, .Ie,): Defendant's Preliminary Objections 2. ld.nlify'counsel who will 3rgue em: (3) forpi:llnliff: David Lutz, Esq., 4503 N. Front Street, Harrisburg, PA 17110 (b) fo:afiend:JJlt: Rolf Kroll, Esq., 101 Pine Street, P.O. BOK 932, Harrisburg, PA 17108-0932 3. I wW notify 3Il pmrlies In writing with.in tWO d3Ys Il\mt this emll has been USlId for 31Ium.nc,_ Qi(:--> 'Alt".r"v Iv' Plaintiff Dmd: Ap.r il 8, 1998 cc Rolf Kroll, Esquire OR\G\NAl