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Home My WebLink About03-0584NAVITSK% OLSON [WISNESKI LLP A T T O R N £ Y S A T L ,k \V ~040 Linglestmvn Road · Suite Harrisburg, PA 17 110 (717) NO. 2003 DENNIS W. FAESEL 895 LewisbelTy Road New Cumberland, PA 17070 Plaintiff & Address CIVIL ACTION LAW : : : versus JOHN H. PUSEY 314 Hillcrest Drive New Cumberland, PA 17070 Defendant & Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of sun~rnons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( ) Attorney and Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP ' 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Nme/Address/Telephone No. of Attorney (X) Sheriff , ( ) D,e~ndant Sigl~ature o~A~ome57 ' 1 I.D. No. 58~J ~/ l Dated: ~¢ - ~ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary .... l~l~uty SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00584 P ~OMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAESEL DENNIS W VS PUSEY JOHN H R. Thomas Kline , Sheriff or Deputy She] duly sworn according to law, says, that he made a dili¢ and inquiry for the within named DEFENDANT , to PUSEY JOHN H but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Per.nsylvania, to Sheriff's Costs: Docketing Out of County Surcharge Dep York County Mileage 18.00 9.00 10.00 48.80 11.73 97.53 03/2~/2003 ~homa~ ~lne Sheriff of Cumberlanc NAVITSKY OLSON WISNESKI Sworn and subscribed to before me this ~ day of ~ A.D. Prothonotary ~iff who being ent search and it: ipt of the County On March 24th , 2003 , this office was in rec~ attached return from YORK YORKTOWNE BUSINESS FOMRS · (717) 2~25-0363 · FAX (717) 225-0367 I r~ COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST.. YORK. PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INS' PLEASE TYPE DO NOT DE 2. COURT N[ I 03-584 4. TYPE OF \ I Writ o 1. PLAINTIFF/S/ Dennis W. Faesel 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION CF PROPERTY TO BE John H. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CI'P< BORO, TWP., STATE AND ZIP CODE) 314 Hillc~est Drive New Cumber]and, PA 17070 3. DEFENDANT/S/ John H. Pusey SERVEAT { Pusey 7. INDICATE SERVICE: [] PERSONAL [] PERSON IN CHARGE ~[ DEPUTIZE [a,~F~l..J~&~ll~n~ [] 1ST CLASS NOW Februa~-y 13, ,20 02 I, SHERIFF OF fllJ~l~ c~OUNTY, PA, do York COUNTY to execute this ~r.i~mdT.,ba~ to law. This deputization being made at the request and risk of the plaintiff. -~ SHERI[ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY( CUMBERLAND ADVANCED FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying ;Jpon or attaching any without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part herein for any loss, destruction, or removal of any property before sheri~s sale thereof. 9. TYPE NAME and ADDRESS of AI-rORNEY / ORIGINATOR and SIGNATURE ~ 10. TELEPHONE NUMBER MICHAEL J. NAVITSKY 2040 LINGLESTOWN RD. STE 303 HBG,PA 17110I 541}-9205~ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 'RUCl'IO~iS )NLY LINE 1 THRU 12 r'A~ ANY COPIES IMBER civil VRIT OR COMPLAINT ~ S~Nnons .EVIED, A]-FACHED, OR SOLD. 4AIL ~ POSTED r~ OTHER hereby deputize the sheriff of ~'return there~.~ding :F OF ~'~. _. {3~UNTY ,~znber ~ and property under within writ may leave same Df such deputy or the sheriff to any plaintiff 11. DATE FILED 2-7-03 CUMBERLAND CO SHERIFF , SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW{THIS LINE 13. I acknowledge receipt of the writ / ~" I 14 DATE RI~CEIVED I 15. Expiration/Hearing Date or cemplaint as indicated above./ R AHRENS/ J ' 2-1~--03 I 3-9-03 16. HOWSERVED: PERSONAL(V) RESIDENCE(%,~ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) ~OTHER( ) SEE REMARKS BELOW 17. ~ I here~y certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. I See remarks below.) I '' 1~ II~I~IE AND TI'~._E OF INDIVJOUAJ.,45ER~ED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. ~)ate of~ervice I 20. ~.me of Service {'[" ~'PTS Ire Tittle M!i~ Int~,Da~q3me M'es Int.,Date 'Dme Miles Int. Date 'Dme Miles Int. Date T~me Miles Int. Date 'Dme Milesi'/Int I N,,: / I ?,. 75.00 18.00 28.80 46.80 2.00 ~. Fo,ign Coun, Costs I 35. Advan~ Costs I 36. Se~,~ Cos, I 37. Nota~ Ce~' 38. Mileage/Post~/Not Found ~ / ~. Signatur~ / ~ep. Shedff~ 31. Surchg. SO A~I~SWE RS, 32. Tot. Costs 48.80 Total Costs 33. Costs Due~heck No. 26 · ~l.E~g 7~/7 40. Costs Due or Refund 41. AFFIRME..Q ,ao.d..,sJ.~bscribed to before me this . MARCH 42. day OT .... ..... C/~T~ Notarial Seal ,James M Vangreen, Nata~ Public Ci~ of York, My Commissie~,, Expires Ma~, 46. SignaJuf~of York ~ I~'r~A~erj~ 40. Signat u-)',~.~rq~r County Sheriff 50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 51. DATE RECEIVED DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-584 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant John H. Pusey in the above-captioned matter. WiX, WENGER & WEIDNER By Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: April 11,2003 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DENNIS W. FAESEL, Plaintiff v. JOHN H. PUSEY, Defendant File No. 2003-584 Civil Term PRAECIPE AND RULE TO FILE X A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule in the suffer on Plaintiff to file a Complaint above case within twenty days after service of the a judgement of non pros. DATE: 6/10/2003 NOW, rule or Signature.' _~~G ~~ Print Name: Richard H. Wix, Esq. Attorney for: Defendant Address: 4705 Duke Street Harrisburq, PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court iD No.: 07274 RULE ISSUED AS ABOVE. Prothonotary - ~ ~ Deputy (NOTE: File in duplicate) PROTHON.-12 DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2003-584 Civil Term 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 to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2003-584 Civil Term 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 siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objections a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTA. SI NO TIENE ABODAGO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2003-584 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Dennis W. Faesel, is a person of the full age of majority and resident of Lewisberry, Pennsylvania. 2. Defendant, John H. Pusey, is a person of the full age of majority and resident of New Cumberland, Pennsylvania. 3. Plaintiff claims damages for personal injuries sustained in a motor vehicle accident that occurred on or about June 7, 2001 at the intersection of Spangler's Mill Road and Limekiln Road in Fairview Township, York County, Pennsylvania at approximately 1:15 p.m. on that date. 4. At or about that time and place, Plaintiff was operating his 1987 Chevrolet Blazar on Spangler's Mill Road, traveling Southbound through the intersection. 5. In so doing, Plaintiff had the right-of-way in that Spangler's Mill Road has no stop sign or other traffic control device. 6. At or about that same time and place, Defendant was operating his 1998 Dodge Stratus, traveling on Limekiln Road in a westerly direction and failed to stop at the stop sign that was posted for traffic traveling on Limekiln Road as it intersects with Spangler's Mill Road. 7. As Defendant failed to stop at the posted stop sign at the intersection of Limekiln Road and Spangler's Mill Road, he traveled through the intersection and struck the rear tire of Plaintiff's southbound vehicle, causing it to roll over 360° and come to rest on its tires. 8. Defendant admitted to the investigating police department that he rolled his vehicle forward through the intersection and did not see Plaintiff's vehicle approaching the intersection. 9. Plaintiff attempted evasive maneuvers by braking and swerving his vehicle in an effort to get out of the way of Defendant, but Defendant's vehicle nevertheless struck Plaintiff's vehicle, causing it to roll over a few times before coming to rest on its tires. 10. Witnesses to the accident confirm that Defendant failed to stop at the stop sign and traveled through the intersection, thereby striking Plaintiff's vehicle in the aforesaid fashion. 11. Spangler's Mill Road is the principal road and is not controlled by a stop sign, yield sign, traffic light, or any other traffic control device, thereby affording Plaintiff the right-of- way to the intersection of Spangler's Mill Road and Limekiln Road in Fairview Township, York County, Pennsylvania. 12. Limekiln Road at its intersection with Spangler's Mill Road is governed by a properly posted stop sign that requires those traveling either east or west on Limekiln Road to stop on Limekiln Road and give the right-of-way to traffic traveling north or south on Spanglers' Mill Road. 13. Defendant drove through the stop sign on Limekiln Road, fhiled to give the right-of-way to Plaintiff as he was traveling on Spangler's Mill Road, struck the rear tire of Plaintiff's vehicle, thereby negligently causing the accident and all of Plaintiff's injuries and damages as set forth below. 14. Defendant's failure to stop and yield the right-of-way to Plaintiff violated the Pennsylvania Motor Vehicle Code and therefore constitutes negligence per se. 4 15. Defendant's per se negligence directly and proximately caused the accident made subject of this Complaint and all of Plaintiffs injuries and damages as alleged herein. 16. The front of Defendant's vehicle struck the left side of Plaintiff's vehicle causing severe damage to Plaintiff and Plaintiff s vehicle. 17. After the initial impact, Plaintiff's vehicle rolled several times before coming to rest on its tires. 18. Defendant admitted to investigating police officers that he failed to stop at the stop sign and continued to roll forward through the intersection until he struck Plaintiff's vehicle. 19. Plaintiff therefore believes and alleges that Defendant was negligent in failing to stop and being inattentive and that this negligence caused the accident and Plaintiff's injuries and damages as alleged herein. 20. As a direct and proximate result of Defendant's admitted negligence, negligence and negligence per se, Plaintiff suffered multiple injuries, including, but not limited to, nerve damage in his neck and head that has resulted in a condition known as occipital neuralgia. He has required, continues to require, and will require in the future ongoing medical care for this condition. 21. Plaintiffs permanent injuries from this accident are such that he experiences significant pain, discomfort, and crippling headaches while attempting to work or engage in any activity. He experiences pain and discomfort on almost a daily basis and has attempted multiple medical regiments to alleviate or at least improve his condition, all of which have been to no avail. 22. Plaintiff therefore avers that Defendant's negligence and negligence per se directly and proximately caused his injuries and damages suffered in the aforesaid accident, which have caused him great pain and suffering and will continue to do so for the remainder of his life, as well as physical limitations and restrictions, medical and related expenses, which may continue into the future, lost income and a potential for future lost earnings and eaming capacity, embarrassment and humiliation and a permanent loss of life's enjoyment and pleasures, all of which claim is made therefore. 23. Plaintiff has suffered and will continue to suffer for the remainder of his lifetime from limited physical activity and pain when attempting to engage in leisure activities and work related activities, and claim is made therefore. 24. Plaintiff therefore claims all damages cognizable under Pennsylvania Law arising out of the aforesaid accident and injuries. WHEREFORE, Plaintiff, Dennis W. Faesel, seeks judgment against the Defendant, John H. Pusey, in an amount in excess of Twenty-Five Thousand ($25,000) Dollars and any amount requiring compulsory arbitration and for all general and equitable relief deemed appropriate by this Honorable Court under the circumstances and for a trial by jury. Respectfully submitted, NA¥ITSKY, OLSON & tWISNESKI LLP Michael J{ l~vit[ky, ] uire I.D. No. 5,8~803 2040 Linglestown Roar Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff 6 VERIFICATION I, DENNIS W. FAESEL, do hereby swear or affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Dennis W. Faesel CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law finn of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this 19th day of June, 2003 serving a true and correct copy of Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Counsel for Defendant Jessie K. Walsh 7 DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2003-584 Civil Term CIVIL ACTION -- LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Dennis W. Faesel; and Michael J. Navitsky, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, WIX, WENGER & WEIDNER By Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 7/14/03 DENNIS W. FAESEL, Plaintiff JOHN H. PUSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2003-584 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, by his attorneys,, Wix, Wenger & Weidner and sets forth the following Answer with New Matter to PlaintifFs Complaint. 1. Admitted. 2. Admitted. 3. Denied that Plaintiff is entitled to damages. 4. Admitted. 5. The allegations of paragraph 5 set forth a conclusion of law to which no answer is required, 6. Denied. 7. Denied that Defendant failed to stop for the stop sign. It is admitted that a collision occurred. 9. 10. Admitted that Defendant did not see Plaintiff's vehicle. Denied as stated. Admitted that a collision occurred. Denied. 11. The allegations of paragraph 11 set forth a conclusion of law to which no answer is required. 12. Admitted that them is a stop sign for Limekiln Road. 13. Denied. 14. Denied. 15. Denied. 16. Denied as stated. Admitted that a collision took place. 17. Defendant is without knowledge and proof is demanded. 18. Denied, 19. Denied as stated. 20. Denied. 21. Denied. 22. Denied. 23. Denied. 24. Denied. NEW MATTER 25. Plaintiff's claims am barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 26. Plaintiff's claims may be barred in whole or in part by mason of Plaintiff's own contributory negligence. 2 WHEREFORE, Defendant demands judgment against the Plaintiff and costs of this action. Respectfully submitted, WiX, WENGER & WEIDNER Dated: 7/14/03 By Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 VERIFICATION I, John Pusey, have read the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: (~1 Pusey' CERTIFICATE OF SERVICE AND NOW, this 14~h day of July, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiff's Complaint t his d ate b y depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael J. Navitsky, Esquire Navitsky, Olson and Wisneski 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 WiX, WENGER & WEIDNER Gaye Crist DENNIS W. FAESEL, Plaintiff V. JOHN H. PUSEY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 2003-:584 Civil Term ~~' CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above matter settled, ended, and discontinued. Respectfully submitted, NAVttTSKY, OLSOI~ & WI~I)~ESKI MichaXel-J. N4v,tlky, l~'squi;~ I.D. No. 58803.J 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff LLP CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navksky, Olson & Wisneski LLP, do hereby certify that I am this 25th day of July, 2003 serving a tree and correct copy of Praecipe to Discontinue upon all counsel of record via postage prepaid firs~I class United States mail addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Jess:lc K. Walsh