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HomeMy WebLinkAbout03-0333 Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0;1- .d33 (ZtUlL'-r~ CIVIL ACTION-LAW RHEA E. BROSIUS, vs. WILLIAM M. DILLMAN, Jr. Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to Sheriff for service upon: William M. Dllman, Jr., 79 Greenwood Drive, New Cumberland, Pennsylvania 17070. Date: / / ^~ /0 'I oseph L. Hitchin s, Esq Attorney I.D.# 65551 203 West Caracas Avenue, Suite 2 Hershey, Pennsylvania 17033 Telephone: (717) 534-2600 Fax: (717) 534-1344 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. DateJ2-u ~ ~, aD0.3 ~y ~o-,.;P.7rOJ~ Deputy ~ t~ ~ ~ t..v -.2 '"t1 - () ~ ~ C'I} o ~ -J o Cj o (.;.) 'n C ~ ~ -0 OJ ~ ~9:! N Z(;.:: I':: CA:~,'. "$ ." , -= kc.. ~:: ~c. _ --c, 'C-' >c: .- ,. ~ ~ ~ -iB ..",.'.""'""., . -, "'" V) SHERIFF'S RETURN - OUT OF COUNTY ~~SE NO: 2003-00333 P COMMONWEALTH OF PENNSYLVANIA: , COUNTY OF CUMBERLAND BROSIUS RHEA E VS DILLMAN WILLIAM M JR 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: DILLMAN WILLIAM M JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 19th, 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 47.36 .00 84.36 02/19/2003 JOSEPH L. HITCHINGS s~ ------ .... ;.- Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 'lIb day of ~ rl0V3 A.D. ~"o.~~ Prothonot~r ~.- - .--:.J Q2 6--'6 cp,= EXJT ~b i)$ b_. , COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AF,FIDA VIT OF RETURN 2. COURT NUMllER 03-333 civil 4, TYPE OF WRIT OR COMPLAINT 1. PLAINTIFFISI Rhea E. Brosius 3. DEFENDANT/SI William M. DillmFln Jr. Writ of SUTmons, reisslled SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD, ..Ilil.. William M. Dillman Jr. ..,... 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 79 Greenwood Drive New Q.mberlFlnd, PA 17070 7. INDICATE SERVICE: O~ERSONAL 0 PERSON IN CHARGE XXXDEPUTIZE ~rr~~ 0 1ST CLASS MAIL 0 POSTED 0 OTHER NOW January 22 , 20~ I, SHERIFF OF ~ COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W(~~e return thereof according to law. This deputization being made at the request and risk of the plaintiff. ' ,~" - " 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Q.mberlanr'l OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY XIIXXX SHERIFF 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 levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED JOSEPH L. HITCHINGS 203 W. CARACAS AVE. STE 201 534-2600 1-22-03 12. SEND SER I E NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 16. HOW SERVED: ivJ/J C 0 42. day of 23. Advance ~osts 70.00 HOSE ~ 45. ~T_E c.L ' O&- 47. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4, BLUE _ Sheriff's Office r-- vs. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVll ACTION - lAW RHEA BROSIUS, Plaintiff WilLIAM M. DillMAN, Defendant :NO. 2003-333 PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY, CUMBERLAND COUNTY Enter the appearance of Stephen M. Greecher, Jr., Esquire, of the firm, Tucker Arensberg, P.C. on behalf of the Plaintiff, Rhea Brosius, in the above captioned action. By: e . Greecher, Jr. Attorney's 1.0. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF, RHEA BROSIUS DATE: March 17, 2004 67150.1 .., , CERTIFICATE OF SERVICE AND NOW, this \1 tt- day of March, 2004, I, Kathleen Sizelove, Paralegal to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: William M. Dillman, Jr. 79 Greenwood Drive New Cumberland, PA 17070 DEFENDANT Joseph L. Hitchings, Esquire 203 W. Caracas Avenue Suite 201 Hershey, PA 17033 ~~,~ ~~ Kathleen Sizelove , THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant, William M. Dillman, in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: March 29, 2004 ~ s: -0 r:c rnrn '"";";~ .'J') >"r ~t~J ...:.-. )":;: C'~ ~.C) >-c: :z; =< ,..., g &" :x ~ (.,) ~ ...... ::I::!] n1hi ~~ 0'+1 2m 9, ". ~ -0 ::;;; ~ C) THOMAS, THOMAS & HAFER, UP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN JURY TRIAL DEMANDED BY JURY OF TWEL VB PERSONS Defendant CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE on the party listed below via First Class Mail, postage prepaid, on this, the 29th day of March, 2004. Stephen M. Greecher, Jr. Tucker Arensberg 111 North Front Street PO Box 889 Harrisburg, PA 17108 THOMAS, THOMAS & HAFER, LLP . ,\ , o c: Z. -ot~; 1'''"; (; "7 ~~i:' ~~:,::~ r.:: ~~.: ~;~ /-' ) :;;.~:: z =2 ~ = ,I:" :::It ~ W ~ ~::!:l rnr:: =BE? O~ ~-ri 0- Z~ o ."1 ~ '< -0 ::J: r;-;> C> - THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, Plaintiffs, vs. WILLIAM M. DILLMAN Defendant CIVIL DIVISION - LAW NO. 2003-333 JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiff in the above matter to file a Complaint within twenty (20) days after service of the Rule or suffer Judgment of Non Pros. THOMAS, THOMAS & HAFER, LLP RULE TO FILE A COMPLAINT AND NOW this .)/AA- day of Q.., - -' 2003, a Rule is entered upon the Plaintiff to file a Complaint within twenty (20) days after service of the Rule, or suffer Judgment of Non Pros. BY:~..I.. f2 -IMA~JW ~.;:;; , Prothonotary ( {-;- -:'- ';(-- _.--f- .;> (; ~ () ,f; (; ~ .&;- ....., ..- r.... '" e.;::) "" ...- <- C~: <: o -.., =y1 h-i ill \,)rn i!j? ::rilf? tJ~j ';::...1.. ) ;"'ill. ~::'I ~r...... ~:n .<: 1\) :? THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN JURY TRIAL DEMANDED BY JURY OF TVVEL VE PERSONS Defendant CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing PRAECIPE AND RULE TO FILE COMPLAINT on the party listed below via First Class Mail, postage prepaid, on this, the 17TH day of June, 2004. Stephen M. Greecher, Jr. Tucker Arensberg III North Front Street PO Box 889 Harrisburg, PA 17108 THOMAS, THOMAS & HAFER, LLP f'.':", .,~- <. ',.: ~:~~? "7 ~ o r; ':'l' -1:- -...J '" c.:..,.-., = .c- L.. c:: :;;;;: o -n ...., :J::n in.._ r- -Dm .,'00 ':)J -jO ?1:B b;;;~ g -< N -::::~ w.... THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I hereby certify that on this, the~y of June, 2004, I served a true and correct copy of the RULE TO FILE COMPLAINT issued by Deputy Prothonotary Joyce A. Miller on June 21, 2003 (sic) on plaintiff via First Class Mail, postage prepaid, and addressed to plaintiff's counsel listed below: Stephen M. Greecher, Jr. Tucker Arcnsbcrg 111 North Front Street PO Box 889 Harrisburg, P A 17108 THOMAS, THOMAS & HAFER, UP -', -.'.> ='.; -< -.J ,,~ C'-.':;l ~.::-..J -<.- ('-_. c::: ::2.: L) '1 ._~ .- rn~; -nrTl' "Jr;: ")6 ,],~~ ~J l'" c) -0 -." '":-? RHEA BROSIUS, Plaintiff v. WilLIAM M. DillMAN, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-333 CIVil ACTION - LAW CIVIL ACTION COMPLAINT "NOTICE" Vou have been sued in court. Uyou 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 tiling 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 buy 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 of 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 REFERENCE SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 "AVlSQ" "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las pagill1as siguientes, usted debe tomar la acci6n en el plaza de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con la corte sus defensas u objeciones alas demandas dispuestas contra usted el abogado Ie advierte que que si usted no puede hacer asl que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja 0 para cualquier otra demanda 0 relevaci6n pedida por el demandante. Usted pllede perder el dinero 0 la caracterlstica de otra endereza importante a usted. USTED DEBE LLEY AR ESTE PAPEL SU ABOGADO INMEDIATAMENTE, SI USTED NO HACE QUE UN ABOGADO V A Y A A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO, ESTA OFICINA PUEDE PROYEER DE USllm LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO, SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO o NINGUN HONORARIO SERVICIO DE REFERENCIA LEGAL Cumberland County Bar Association 32 South Bedford Carlisle, pennsylvania 17013 (717) 249-3166 - Toll Free (800) 990-9108 RHEA BROSIUS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2003-333 WilLIAM M. DillMAN, JR., Defendant CIVil ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, Rhea Brosius, by and through her attorneys, TUCKER ARENSBERG, P.C., and avers as follows: 1. Plaintiff Rhea Brosius is an adult individual nasiding at 474 Old Stage Road, lewisberry, York County, Pennsylvania. 2. Defendant William M. Dillman is an adult individual residing at 79 Greenwood Drive, New Cumberland, York County, Pennsylvania. 3. On or about January 22,2001, at approximaltely 3:18 p.m., Plaintiff was operating a 1997 Toyota Tacoma truck and was traveling northbound on SR 0011 in Silver Spring Township, Cumberland County, Pennsylvania. 4. After assessing there was no oncoming traffic on Bernhiesel Bridge Road, Plaintiff proceeded to negotiate a left turn onto Bernhiesell Road. 5. After turning onto Bernhiesel Road, Plaintiff stopped to wait for oncoming traffic to clear before she could turn into the Hess gas station on the corner of SR 0011 and Bernhiesel Bridge Road. 6. At approximately the same time, Defendant was operating a 1993 Chevrolet C-20 van and was also traveling northbound on SR 0011 in Silver Spring Township, Cumberland County, Pennsylvania, directly behind Plaintiff. 7. Defendant also turned onto Bernhiesel Bridgt3 Road. 8. At the aforesaid time, Defendant was following Plaintiff too closely to be able to safely stop behind her when she stopped to turn into the Hess gas station. 9. Defendant's vehicle struck the rear of Plaintilfs vehicle before the Plaintiff could complete the turn. 10. Defendant was cited for following too closely by the Silver Spring Township Police Department, who responded to the scene. 11. Plaintiff Brosius elected the 'Full Tort' Option on her Farm Family Insurance Policy. DAMAGES RHEA BROSIUS v. WILLIAM M. DILLMAN. JR. 12. Paragraphs 1 through 11 are incorporated herein as if fully set forth at length. 13. As a direct and proximate result of Defendants' negligence, carelessness, and recklessness, Plaintiff Brosius sustained serious injuries tlhat include, but are not limited to, injuries to her cervical sprain, thoracic sprain, lumbar sprain, right ankle sprain, nerve damage, contusions to the right middle finger, and may fUlrther include aggravation of pre- existing conditions. 14. As a direct and proximate result of Defendant's negligence, carelessness and recklessness, Plaintiff Brosius: a. has received and may continue to receive and undergo medical attention and care and has incurred and may incur various expenses for this treatment, for which she claims to the extent permitted by applicable law; b. has suffered and may continue to suffer from pain, loss of life's pleasures, embarrassment and humiliation, mental anguish, and emotional distress; 2 c. has suffered and may continue to suffer from her injuries and physical impairments, which have hindered her ability to carryout hElr usual and customary daily activities; and d. has suffered a loss of earnings or earnings capacity for which she claims to the extent permitted by applicable law. NEGLIGENCE RHEA BROSIUS v. WILLIAM M. DILLMAN. JR. 15. Paragraphs 1 through 14 are incorporated herein as if fully set forth at length. 16. At the aforementioned time, Defendant Dillman operated his vehicle in a negligent, careless and reckless manner. Defendant's neigligence, carelessness and recklessness includes, but is not limited to, the following: a. failing to have his vehicle under proper and adequate control at all times; b. failing to keep a reasonable lookout for other vehicles lawfully on the roadway; c. failing to take any or proper evasive action in order to avoid the collision; d. failing to operate his vehicle at a safe speed and/or within the posted speed limit; e. failing to operate his vehicle in a manner that allowed him to stop within a safe time and distance from traffic ahead of him and within the assured clear distance ahead; f. operating his vehicle such that it struck Plaintiffs vehicle from behind; and g. failing to operate his vehicle within a safe fcdlowing distance from Plaintiff Brosius as he was obligated to do. 17. To the extent that Defendant's operation of his vehicle violated the Motor Vehicle Code, Defendant is negligent per se. 3 18. As a result of Defendant Dillman's negligencEl, carelessness and recklessness, Plaintiff Brosius has sustained injuries and damages as aforesaid. 19. The aforementioned accident resulted solely from the negligence, carelessness and recklessness of Defendant Dillman. WHEREFORE, Plaintiff, Rhea Brosius, demands judgment against Defendant, William M. Dillman, Jr., in an amount in excess of the limits requiring referral of this case to arbitration according to local rules. Respectfully submitted, By: 1.0. No. 36803 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF DATE: /0 / 698891 /! 16( 6' tr 4 VERIFICATION I, the undersigned, Rhea Brosius, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~~~,~ CERTIFICATE OF SERVICE AND NOW, this / b day of JULY, 2004, I, Jennifer M. Smith, Paralegal to Stephen M. Greecher, Jr., Esquire, for the law firm, TUCKER ARENSBERG, P.C., attorneys for Plaintiff, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: THOMAS, THOMAS & HAFER, LLP Joseph A. Holko, Esquire 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7005 Attorney for Defendant: William M. Dillman 67164.1 ,~/ / ..~; "" c--__, c:::> J.- c_ ,- r ~:::: o ., ~?-~.=: r-' ;gE9 .:.~; ~~~J (",) 1"11 C"\ -r:"! -~.> ..r.- I'.J -;'] THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, Plaintiffs, CIVIL DIVISION - LAW NO. 2003-333 vs. WILLIAM M. DILLMAN, JR. Defendant JURY TRIAL DEMANDED BY JURY OF TWEL VB PERSONS STIPULATION TO AMEND PLAINTIFF'S COMPLAINT AND NOW this _ day of August, 2004, plaintiff, Rhea Brosius, by and through her attorney, Stephen M. Greecher, and Defendant, WilIiarn M. DilIrnan, Jr. by and through his attorney, Joseph A. Holko, of Thomas, Thomas & Hafer, LLP, stipulate and agree that the Complaint filed in the within captioned matter shall be amended as follows: 1. Paragraph 10 is stricken from the Complaint. 2. The word "recklessness" in Paragraph 13 is stricken from the Complaint. 3. The word "recklessness" in Paragraph 14 is stricken from the Complaint. 4. The words "reckless" and "recklessness" in Paragraph 16 are stricken from the Complaint. 305550.1 Page 1 of 2 5. The word "recklessness" in Paragraph 18 is stricken from the Complaint. 6. The word "recklessness" in Paragraph 19 is stricken from the Complaint. 7. Defendant, William L. Dillman shall file his Answer and New Matter to Plaintiff's Complaint as amended within twenty (20) days after the filing of this Stipulation. Date: S/C/Otj By: THOMAS, THOMAS & HAFER Date: 7 ~ J8 - () t../ 305550.1 Page 2 of 2 0 ...., 0 r:::"..) s; (~ ~'n ...- :1,"" --:1 "'1 _,' C":", fi1r:d :::;-:1 -on: ~:JC") (:, C?, CI " ;I3~j -."'. >,0 r:-? ~;"')rn ~;::.1 -.. ,. _J :',<:. THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN, JR. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant NOTICE TO PLEAI:~ TO: Rhea Brosius c/o Stephen M. Greecher, Jr., Esq. Tucker Arensberg 111 North Front Street PO Box 889 Harrisburg, PA 17108 You are hereby notified to file written responses to the enclosed Answer and New Matter within twenty (20) days of service hereof or a judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP Dated: 8-~-o1 THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN, JR. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant ANSWER AND NEW MATTER OF DEFENDANT WILLIAM M. DILLMAN, JR. TO THE COMPLAINT OF PLAINTIFF AND NOW, comes the Defendant, William M. Dillman, Jr., by and through his attorneys, Thomas, Thomas & Hafer, LLP and files the following Answer and New Matter to Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e). 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and slrict proof thereof is demanded at the time of trial. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e). 6. Admitted in part, denied in part. It is admitted that Answering Defendant was operating a 1993 Chevrolet C-20 Van and was traveling northbound on SR0011 in Silver Springs Twp., Cumberland County, Pennsylvania. It is also admitted that Answering Defendant was following the Plaintiff and that Plaintiff made a sudden and unexpected stop in front of Answering Defendant. The remaining allegations of this paragraph are specifically denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Denied and deemed at issue pursuant to Pa. RC.P. 1029 (e). By way of further answer, Plaintiff turned left and stopped suddenly and unexpectedly when she knew or should have known that Answering Defendant was close enough behind her and making the same turn through the intersection creating a sudden blocking of the roadway in front of Answering Defendant. 9. Admitted in part, denied in part. It is admitted that the front of Answering Defendant's vehicle came in contact with the rear of Plaintiff's vehicle. The remaining 310417-1 2 allegations of this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e). By way of further answer, Plaintiff turned left and stopped suddenly and unexpectedly when she knew or should have known that Answering Defendant was close enough behind her and making the same turn through the intersection creating a sudden blocking of the roadway in front of Answering Defendant. 10. This paragraph has been stricken from the Complaint pursuant to a Stipulation between the parties filed on August 11, 2004. 11. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. DAMAGES RHEA BROSIUS v. WILLIAM M. DILLMAN, fR. 12. Answering Defendant incorporates herein by reference his responses to paragraphs 1 through 11, inclusive, as fully as though they were set forth herein again at length. 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. Any allegation of "recklessness" has been stricken from the Complaint pursuant to a Stipulation between the parties and filed with the Court on August 11, 2004. 310417-1 3 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. Any allegation of "recklessness" has been stricken from the Complaint pursuant to a Stipulation between the parties and filed with the Court on August 11, 2004. NEGLIGENCE RHEA BROSIUS v. WILLIAM M. DILLMAN, fR. 15. Answering Defendant incorporates herein by reference his responses to paragraphs 1 through 14, inclusive, as fully as though they were set forth herein again at length. 16. Denied. The allegations set forth in paragraph 16 a. through g. inclusive set forth erroneous conclusions of law and fact to which no further response is required pursuant to the Pennsylvania Rules of Civil Procedure and are deemed denied and at issue pursuant to Pa. RC.P. 1029 (e). The allegations of "reckless" and "recklessness" contained in this paragraph have been stricken from the Complaint pursuant to a Stipulation between the parties and filed with the Court on August 11, 2004. To the extent that it is judicially determined that a response is required, Answering Defendant responds by saying that: a. he did have his vehicle under proper and adequate control at all times; b. he did keep a reasonable look out for other vehicles lawfully on the roadway; 310417-1 4 c. he did take any and all proper evasive actions to avoid the contact with Plaintiff's vehicle; d. he did operate his vehicle at a safe speed and within the posted speed limit; e. he did operate his vehicle in a manner that allowed him to stop within a safe time and distance from the traffic ahead of hiim and within the assured clear distance ahead; f. he did come in contact with the Plaintiff's vehicle from behind despite using reasonable efforts to avoid the contact with Plaintiff's vehicle which stopped suddenly and unexpectedly when she knew or should have known that Answering Defendant was close enough behind her and making the same turn through the intersection creating a sudden blocking of the roadway in front of Answering Defendant; and g. he did operate his vehicle within a safe following distance from the Plaintiff but she stopped suddenly and unexpectedly when she knew or should have known that Answering Defendant was close enough behind her and making the same turn through the intersection creating a sudden blocking of the roadway in front of Answering Defendant. 17. Denied. The allegations contained in this paragraph set forth conclusions of law to which no further response is required. To the extent a further response is required, Answering Defendant incorporates herein by reference his response to paragraph 16 of Plaintiff's Complaint as fully as though the same were set forth herein again at length. 310417-1 5 18. Denied. Answering Defendant incorporates herein by reference his answers to paragraphs 13, 14 and 16 of Plaintiff's Complaint as fully as though the same were set forth herein again at length. 19. Denied. Answering Defendant incorporates herein by reference his answers to paragraphs 13, 14 and 16 of Plaintiff's Complaint as fully as though the same were set forth herein again at length. WHEREFORE, Defendant, William M. Dillman, Jr., demands judgment in his favor and against the Plaintiff. NEW MATTER 20. Answering Defendant was faced with a sudden emergency that relieves him of liability for Plaintiff's claims. 21. Whatever injuries and damages, if any, sustained by the Plaintiff as averred in her Complaint, were caused in whole or in part by conditions beyond the control of Answering Defendant. 22. Answering Defendant raises as an affirmative defense, each and every defense available under The Pennsylvania Motor Vehicle Financial Responsibility Law. 23. Answering Defendant contends that the Plaintiff was not "seriously injured" and therefore is restricted by the provisions of The Limited Tort Option, to recovery for medical and other out-of-pocket expenses as set forth in 75 Pa.C.S.A. Section 1705. 24. Plaintiff has failed to mitigate her claimed damages, thereby limiting and/or barring recovery. 310417-1 6 25. Answering Defendant avers that if negligence is found to exist on his part, said negligence was not the legal cause of any of Plaintiff's claimed injuries and damages. 26. Before January 22, 2001, Plaintiff had been involved in at least one other motor vehicle accident during which she sustained personal injuries that required medical treatment. 27. It is believed and therefore averred that on January 22, 2001, Plaintiff was involved in active medical treatment for injuries sustained in the earlier motor vehicle accident(s). 28. It is believed and therefore averred that all of Plaintiff's alleged injuries, conditions and symptoms as set forth in her Complaint, were pre-existing and unresolved as of January 22, 2001. 29. It is believed and therefore averred that Plaintiff has pursued a claim for her injuries, conditions and symptoms that pre-existed January 22, 2001 and is therefore seeking a double recovery for those same injuries alleged in her Complaint. 30. It is believed and therefore averred that all of Plaintiff's medical treatments would have been necessary had the motor vehicle accident of January 22, 2001 not occurred. 31. In the alternative, it is believed and therefore averred that to the extent Plaintiff suffered any new injury or aggravation of a pre-existing injury or condition, which is specifically denied, Plaintiff has fully recovered from any alleged new injury or aggravation of any pre-existing injury or condition related to the motor vehicle accident of January 22, 2001. 310417-1 7 WHEREFORE, Defendant, William M. Dillman, Jr., demands judgment in his favor and against Plaintiff. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: ?f. J,r; - (J tj 310417-1 8 VERIFICATION I, William M. Dillman, Jr., Defendant in this action, have read the foregoing ANSWER, AND NEW MATTER TO PLAINTIFF'S COMPLAINT 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. WL~f;O~9- William M. Dillman, Jr. Dated: 8 - ) 5"- 0 If 310417-1 THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: William M. Dillman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RHEA BROSIUS, CIVIL DIVISION - LAW Plaintiffs, NO. 2003-333 vs. WILLIAM M. DILLMAN JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I hereby certify that on this, thee1~ blaay of August, 2004, I served a true and correct copy of the ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT issued by Deputy Prothonotary Joyce A. Miller on June 21, 2003 (sic) on plaintiff via First Class Mail, postage prepaid, and addressed to plaintiff's counsel listed below: Stephen M. Greecher, Jr. Tucker Arensberg 11 I North Front Street PO Box 889 Harrisburg, PA 17108 THOMAS, THOMAS & HAFER, LLP ,; ",', e/i ~>'i o ~ ~ "'" c:-.,) C;;,l ...- ,,~ L::": (;> W C> ~ :r:n nl,- =Bm~ b --~ :r' .. 0"'1 ,,;;.:-,0 c5'n -"1 ~ -0 -- r:i' w u;. RHEA E. BROSIUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-333 CIVIL TERM CIVIL ACTION - LAW v. WILLIAM M. DILLMAN, JR., Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER 20. The allegations of Paragraph 20 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. 21. The allegations of Paragraph 21 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. 22. The allegations of Paragraph 22 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. It is denied that any affirmative defense available under the Pennsylvania Motor Vehicle Financial Responsibility Law absolves or limits the liability of Defendant in this matter. 23. The allegations of Paragraph 23 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. It is denied that Plaintiff was not seriously injured. Further, Plaintiff was insured pursuant to the Full Tort Option and, therefore, the Limited Tort Option and the limitations on recovery pursuant to the Limited Tort Option are not applicable in this matter. 24. The allegations of Paragraph 24 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. 25. The allegations of Paragraph 25 state a legal conclusion to which no response is required. To the extent the allegations are deemed factual, the allegations are denied pursuant to the Rules of Civil Procedure. 26. Admitted. 27. Admitted. 28. The allegations of Paragraph 28 are denied pursuant to the Rules of Civil Procedure. 29. It is admitted that Plaintiff has pursued a claim for injuries, conditions and symptoms that pre-existed January 22, 2001. It is denied that Plaintiff is seeking double recovery for those same injuries alleged in her Complaint. 30. The allegations of Paragraph 30 are denied pursuant to the Rules of Civil Procedure. 31. The allegations of Paragraph 31 are denied pursuant to the Rules of Civil Procedure. WHEREFORE, Plaintiff, Rhea Brosius requests that judgment be entered in her favor as requested in the Complaint. TUCKER AREN tep . Greecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF By: g~~~: q I/:J~l{ -2- VERIFICATION I, RHEA BROSIUS, Plaintiff, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.SA ~ 4904 relating to unsworn falsification to authorities. 'i~ - c-CSJ)~ Rhe Brosius 70287.1 CERTIFICATE OF SERVICE AND NOW, this 13-M day of SEPTEMBER, 2004, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Plaintiff, hereby certify that 1 have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph A. Halko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 ATTORNEY FOR DEFENDANT 71437.1 ~ Jacque n Zettlemoyer RHEA E. BROSIUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-333 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED v. WILLIAM M. DILLMAN, JR., Defendant PRAECIPE TO DISCONTINUE TO PROTHONOTARY, CUMBERLAND COUNTY: Please mark the above captioned action settled and discontinued with prejudice. teplien . reec , Jr. Attorney's /.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS ~~~~: rbblo~ ...., c:;:;:.t. 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