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Home My WebLink About98-00761 ~ " ~ ~ , ~ ,~ . ,,' , ~ .~ ~ ) / / I I ~ ~ :--- , . ::\ (j ""- '-! \'- ~ ~ I'lfAtJINli,AI,l\lIOI. T .COM JAMES D. HOLT and CAROLYN L. HOLT, His Wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plainliffs v. " 1"'1 f : NO. (,) - IV' , (I L. ~\.-L C - SHEILA KEPPLE, Defendant : 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 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 10 do so, the case rnay proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further nolice 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. rnllrt Adminic:tl""3tnt" CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 \/1 I) L4U-bLUU SHOLLENBERGER & JANUZZI. LLP '8l0 UNOLESTOWN ROAIl . r,o.I1OX 6051\ . IIARllISBURO, rA 11106,051\ (1171 ZlH100 . FAX 11111 21HlIl JAMES D. HOLT ami CAROLYN L. HOLT, His Wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Ii Plaintiffs v. : NO. SHEILA KEPPLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 2 SHOLLENIlERGER & JANUZZI. LLP lliZO I.INGI.F.!'tTOWN HOAD . p.o. OllX 6O~4'i . HARRlsnURCi, PA 171C6.0H'i 1117) 21H100 . FAX 17111114,8212 JAMES D. HOLT and CAROLYN L. HOLT, His Wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. <Jr. 1~1 d;,Jru- SHEILA KEPPl.E, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, JAMES D. HOLT and CAROLYN L. HOLT, his wife, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: fACTS APPLICABLE TO ALL COUNTS 1. The Plaintiffs, JAMES D.and CAROLYN L. HOLT, are adult individuals who currently reside at 19 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, SHEILA KEPPLE, is an adult individual whose last known address is 1790 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025. 3. The facts and circumstances hereinafter set forth took place on September 23, 1997 at or about 5:26 p.m. on SR 0011 and otherwise known as the Carlisle Pike, at or near its intersection with SR 1011, otherwise known as Lambs Gap Road in Hampden Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, the Plaintiff, JAMES D. HOLT, was the operator of a 1992 Buick Roadmaster with vehicle registration number PFN211. 1 SHOLLENIlERGER & JANUZZI. LL)' uuo I.INGI.F_'-.iOWN ROAn . P.O. nox 6OH'I . i1ARRlsnURG. PA 171(l6.0H'i (7111214.1700 . FAX 1111) 2H.H21! 5. At the aforesaid time and place, the Defendant, SHEILA KEPPLE, was operating a 1989 Jeep Comanche with vehicle registration number ZJ 13620. 6. At the aforesaid time and place, Plaintiff, JAMES D. HOLT, was operating the aforesaid 1992 Buick Roadmaster westbound in the left-hand through lane on the Carlisle Pike approaching its intersection with Lamps Gap Road. 7. At the aforesaid time and place, Defendant, SHEILA KEPPLE, was operating the 1989 Jeep Comanche in an eastbound direction on the Carlisle Pike and was stopped at the intersection of Carlisle Pike and Lambs Gap Road when she attempted to make a left turn, pulling directly into the path of the vehicle being operated by the Plaintiff, JAMES D. HOLT, causing a collision between the vehicle she was operating and the vehicle being operated by the Plaintiff. 8. At the time the Defendant initiated her left-hand turn, traffic heading westbound in the left-hand through lane of the Carlisle Pike had a steady green signal. 9. At the time the Defendant initiated her left-hand turn, traffic heading east in the left-hand turn lane of the Carlisle Pike had a steady green light, but did not have a green arrow light. 10. As a direct and proximate result of the aforesaid collision, the Plaintiff, JAMES D. HOLT, has suffered the following injuries which constitute serious injuries and which have caused and may in the future cause a serious impairment of body function, including, but not limited to: (a) Severe strain and sprain of the muscles, tendons, I igaments and other soft tissues at or about the area of the cervical spine; (b) Cervical facet joint inflammation; 2 SHOLLEN8EIlGER & JANUZZI. LLP 18201lNol.aiOWNIlOAO . p.o.nOXtiOHS . IIAI\RISnUll(1,PA 171Cf1.0~4~ 1711} 214.1700 . FAX 11111214.8212 (c) Traumatic brain injury wilh residual lefl-sided weakness, incoordinalion, reactive left neck and shoulder myofascial pain syndrome, post-concussive headache, balance dysfunction, Iinnitus and severely decreased visual and verbal memory, cognitive functioning, informalion processing, perceplual and audilory processing, verbal fluency and cognitive rigidity; (d) Severe shock to the nerves and nervous system; and (e) Extreme menial and physical anguish. COUNT I 'AMES D. and CAROLYN L. HOLT v. SHEILA KEPPLE 11. Paragraphs 1 through 10 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 12. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, SHEILA KEPPLE, in operating the aforesaid 1989 Jeep Comanche in a careless, reckless and negligent manner as follows: (a) In failing to have the vehicle she was operating under proper and adequate control; (b) In failing to apply her brakes in time to avoid a collision; (c) In failing to observe the Plaintiff's vehicle travelling through the green light signal before initiating her left-hand turn; (d) In failing to operate her vehicle in accordance with the existing traffic conditions and traffic controls; (e) In failing to yield Ihe right of way to a vehicle approaching in Ihe opposite direclion; <0 In turning her vehicle across Ihe oncoming lanes without allowing sufficient space for the the vehicle being operated by James D. Holt to clear the intersection and when said vehicle operated by Plaintiff Holl was so close as to constitute a hazard; 3 SIIOlLENIlERmR & JANUZZI. LLP (H20 L1NGLE.lo,TOWN nOAI) . r~o. UllX WH~ . IIAHRISIlUllll,l'A 171(V,.(lH~ (717) 214.1700 . FAX (717) 2J.HilIZ .. (g) In attempting to turn left and failing to yield the right of way to the Plaintiff's vehicle approaching from the opposite direction in violation of 75 Pa.C.S.A, Section 3322; and (h) In otherwise operating said vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a direct and proximate result of the aforesaid injuries, the Plaintiffs, JAMES D. HOLT, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, JAMES D. HOLT, had and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, JAMES D. HOLT, has sustained a permanent diminution in his ability to enjoy life and life's pledsures for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, JAMES D. HOLT and CAROLYN L. HOLT, the owner of said vehicle, has suffered a loss of the fair market value of said vehicle. Plaintiff believes and therefore avers that a fair market value of said vehicle at the time of this collision was $13,103.72. 17. As a further result of the aforesaid collision, the Plaintiffs, JAMES D. HOLT and CAROLYN L. HOLT have incurred a rental expense due to the total loss of their vehicle, an the expense of which the Defendant refuses to reimburse. The amount of the rental expense to date Is $362.65. 18. As a direct and proximate result of the aforesaid injuries, Plaintiff, JAMES D. HOLT, has in the past and may in the future suffer a loss of income and earnings for which damages are claimed. 4 SHOLLENIlEROER & JANUZZI. LLP IKIO I.INUI.F_"iTOWN ItOAD . P.O. BOX 6054S . IIAIUtISIIUHG,I'A 17I(1O,OHS (1111214-1700 . FAX 171l121H212 .\~ 19. As a din!cl illld proximate resulls of the aforesaid injurills, Plaintiff, JAMES D. HOLT, has suffered a perlllancnt diminution in his earning capacity and powcr for which dal11ages are claimcd. 20. As a further result of this collision, the Plaintiffs, JAMES D. and CAROLYN L. I-IOL T, has or Illay in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the alllounls paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa.C.S.A. Section 1719. 21. At the time of the aforesaid collision, the Plaintiff, JAMES D. HOLT, was the first named insured under a policy of insurance bearing policy number Q010402618H issued to him by Erie Insurance Group and covering the aforesaid Buick Roadmaster. Said policy declaration sheet is attached hereto and incorporated by reference herein as Exhibit A. Said policy provides as follows: "The full tort option applies to all private passenger motor vehicles." ,J Therefore, the Plaintiffs non-economic damages claim are governed by the full tort option. WHEREFORE, the Plaintiffs, JAMES D. and CAROLYN L. HOLT, demand judgment of the Defendant, SHEILA KEPPLE, in excess of the amount requiring compulsory arbitration. COUNT II CAROLYN L. HOLT v. SHEILA KEPPLE 22. Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference and Illade a part hereof as if set forth in full. 5 SHOLLEN8EIlGER & JANUZZI. LLP 1820 L1NGLESTOWN ROAll . p.o. BOX 60HS . HARRISBURG. PA 17106.0HS 11171 lH.1700 . FAX 11111lH.8212 :dl[i';[!..j.... hETUhli Id;UJI,",\h CASE rID: l'J'J!J"Y!I,/';,! r corHlCHlwr::ALTII OF f'EIIWJYLI'Aill,\: COUNTY OF i;Ul'IIJErlL,\Il[) LIOJ,.T .JAI1E,; t, ET AI. VS. KEPPLE SHEILA MICHAEL BARRIel, ::;h<:>1'1ff or [I'2PClty She,'1ff ,:>f CUMBERLAND COClnty, Pennsylvania, who being duly sworn according to law, says, the within COl1PlAHlT upon KEPPLE SHEILA defendant, at 1000:00 HOURS, on th<:> 10th da}' of February waG served the 1998 at 1790 GOOD HOPE ROAD ENOLA, PA 17025 ,CUMBERLAND Count}', Pennsylvania, b}' handing to KEN DEIMLER. ADULT BOYFRIEND OF DEFT. a true and attested copy of the COMPLAINT together with INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUtlENTS and at the same time dil'€'ct~l1g His attention to the contents thereof. Sheriff's Costs: Docketing Service Aifidavit SU!t..:bdrge So anr~~ 18.00 8.68 .00 6.00 ~homas hlJ.ne, SherJ.f.i ;;.J2.58 SHOLLENBERGER AND JANUZZI 02/11/1 '398 b}' ~~~~~ Jepul..Y::-' J.X ... swortn and StlDscI"1.bed t I) bl?iorl2 IIlI? this _Z/__ day of 19_1 _ :.. D. ~i Jack Emas & Associates ATTORNEYS AT LAW By: Dalc A. Betty Attorncy Idcntification No. 08609 3130 Ccnter Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendant, Sheila Kepple ,JAMES D. HOLT llod CAROLYN L. HOLT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. SHEILA KEPPLE NO. 98-761 Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Sheila Kepple in the above entitled action. JACK EMAS & ASSOCIATES BY: j)ccte r1 &/Xy h DALE A. BETTY I or infonnation sufficient to form a belicf as to the truth of the avennents contained in this parabrraph therefore thcy are denied and proof demanded. 5. Admitted. 6. Admitted. 7. Admitted in part. Denied in part. It is admitted that while defendant Sheila Kepple was in the process of making a left hand turn on to Lambs Gap Road a collision occurred between her vehicle and that being operated by the plaintiff identified as James D. Holt. The remaining avennents in this parabrraph are denied and proof demanded. 8. Denied. After reasonable investigation defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents contained in this paragraph therefore they are denied and proof demanded. 9. Admitted. 10. Denied. After reasonable investigation defendant is without knowledge or infonnation sufficient to fonn a belief as to the tmth of the avennent~ contained in this parabrraph therefore they are denied and proof demanded. (g) attempted to tum left and failing to yield the right of way to the plaintiffs vehicle approaching from the opposite direction in violation of75 Pa.C.S.A. *3322 (h) in otherwise operating her vehicle in a careless, reckless and negligent manner and a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania which avennen( should be stricken and proof of all the foregoing is demanded. 13-15. Denied. After reasonable investigation defendant is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents contained in these para/:,rraphs therefore they are denied and proof demanded. 16. Denied. It is denied that plaintiffs have suffered a loss of the fair market value of their vehicle and proof is demanded. 17.-21. Denied. After reasonable investigation defendant is without knowledge or infonnation sufficient to fonn a belief as to the tmth of the avennents contained in these para/:,rraphs therefore they are denied and proof demanded. 26. Plaintiff's claims arc barTcd by the applicable statutc of limitations. 27. Defcndant was not ncgligcnt and thercfore not rcsponsiblc to plaintiffs for any injurics or damages sustained. 28. Plaintiff's i,uurics and damages were not caused by any act or omission to act on the part of defcndant. 29. Defendants breached no duty to the plaintin: 30. PJaintiff's damages are limited and/or barred by his failure to mitigate his damages. 3 I. The injuries averred by plaintiff predated the accident for which irUuries plaintiff had undergone treatment. 32. Plaintiff's injuries which he asserts were caused by the auto accident were only a temporary aggravation of an already existing condition. 33. Plaintiff has been fully compensated for any loss alleged with respect to his motor vehicle. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed and that judgment be entered in her favor along with costs. .IACK EMAS & ASSOCIATES BY; DALE A. BETTY VERIFICATION '. (: L. /) M: I I i i , SHEILA KEPPLE, states that she is the Defendant in thc above matter; that thc facts sct forth in the forcgoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT are true and correct to thc bcst of her knowledge, information and belief and that this statement is madc subject to thc pcnalties of 18 Pa. C.S. Section 4904 relating to unsworn fhlsification to authorities. ~ 0 ~ On flI. "" 0 ~Q 0 SHEILA KEPPLE - . '- U) ~ ~ ...:J Z 1--= ~.: ;--'.-~ ",") (.J:~ lU~:. h~~;~ .- u~-., :.... I r" ,~ (.:):.::'. ,,t (:,:--.;, ,'-- G~J~ .,. ..i"{j I ,1._ 1::":;;-' j{\: ,- ".I!D .":;, ;:')Q.... ,'-- :...: ::5 tl. r.e C) C' U t \' ..~ '11 1""_," Ilj thE ,I"'n r:'., 1,_", ju. I. I': ~ " I , I" , ~ :"..-...l' . ~ ' -=:::::"'..... . - -- '1 'r ...... JAMES D. HOLT and CAROL YN L. HOLT, His Wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 913-761 SHEILA KEPPLE, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED Certificate of Service AND NOW this ql0 day of June 1998, I hereby certify that I have served the following PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MA TTER by depOSiting a true and correct copy of same in the United States mail, postage prepaid, addressed to: Dale A. Betty, Esq. Jack Emas & Associates 3130 Center Square West 1500 Market Street Philadelphia, PA 19102 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: &Ic;/Clr SIlOLLEN8ERGER & JANUZZI. LLP 1810 UNOLE.>,OWN ROAIl . 1'.0. I10X 1>0515 . IJARRISBURG. rA 17106,0141 1711) 214.1700 . FAX 1111) 2,IH212 " '"' .-., r, ~: - SHOLLENBERGER & JANUZZI, LLP By: Timothy A. Shollenberger 'II , Attorney Identification No. I Attorney for Plaintiffs ) 1820 Linglcstown Road ' ' \ . P.O. Box 60545 Harrisburg, PA 17106 (717) 234-3700 , JAMES D. HOLT and COURT OF COMMON PLEAS OF CAROLYN L. HOLT CUMBERLAND COUNTY , v. SHEILA KEPPLE NO. 98-761 Civil ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: , I , I Kindly mark the above entitled action settled, discontinued and ended upon j , payment of your costs only. <"'\, " ! (' - I::J o r:- ,".., ~'I ;:.1 ; I ~~; .-"n . 'C) 1.':\,.1.) J :i', '~-~1 ~;=~I :,).'n ;;~ ~-! -, , \ I I I f t )~ I 1 I' I tl:" i tl' I ',;," I ~C" i r ! i I ' . 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