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HomeMy WebLinkAbout03-0776IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN I. NEIDIGH 148 N. East Street Carlisle, PA 17013 Plaintiff RICHARD T. BROOKS 7713 Random Run Lane, Apt. T-4 Falls Church, VA 22042 Defendant NO.: 03- 77(~ CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 an 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 and default 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 i'APER TO YOUR LA~¥YER 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 Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN I. NEIDIGH 148 N. East Street Carlisle, PA 17013 Plaintiff RICHARD T. BROOKS 7713 Random Run Lane, Apt. T-4 Falls Church, VA 22042 Defendant NO.: CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA La han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas suguientes, usted tiene viente (2) dias de plaza 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 objeciones a las demandaa 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 dee demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDiATAMENT. SI NO TIEN ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEEENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONNSEGUIR ASISTENCIA LEGA. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN I. NEIDIGH 148 N. East Street Carlisle, PA 17013 Plaintiff RICHARD T. BROOKS 7713 Random Run Lane, Apt. T-4 Falls Church, VA 22042 Defendant NO.: CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Evelyn I. Neidigh, is an adult individUal residing at 148 N. East Street, Carlisle, PA 17013. 2. The Defendant, Richard T. Brooks, is an adult individual residing at 7713 Random Run Lane, Apt. T-4, Falls Church, VA 22042. 3. On May 21, 2001, Plaintiff Evelyn I. Neidigh Was the owner and operator of a 1994 MitSubishi Diamante bearing PA cegistration plate BF~ -~,,., 8. 4. On May 21, 2001, Defendant, Richard T. Brooks, was the owner and operator of a 1991 Chevrolet Lumina bearing VA registration plate YKP-8319. 5. On May 21, 2001, at approximately 10:45 a.m., Plaintiff Evelyn I. Neidigh was operating her vehicle westbound on LR770 near 21st Street in East Pennsboro Township and had stopped her vehicle for a steady red traffic control signal. 6. At that same time and place, Defendant was operating his vehicle directly behind the Plaintiff's vehicle when he failed to stop before striking the rear of Plaintiff's vehicle causing a collision which resulted in injuries and damages to the Plaintiff. 7. ' This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of the Defendant consisted of the following: a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. §3714; d. Operating his vehicle too fast for the conditibns then and there existing, in violation of 75 Pa.C.S. §3361; e. Following too closely to Plaintiff's vehicle in violation of Pa.C.S. §3310; f. Failing to stop or take other evasive action before striking the rear of Plaintiff's vehicle; g. Failing to stop his vehicle within the assured clear distance ahead, in violation of 75 Pa.C.S. §3361; and h. Failing to exercise reasonable care to avoid striking the rear of Plaintiff's vehicle when the Defendant knew or should have known of the presence of Plaintiff's vehicle. COUNT I EVELYN I. NEIDIGH V. RICHARD T. BROOKS 10. The allegations contained in paragraphs I through 9, inclusive, are incorporated herein as fully as though set forth at length. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries, including but not limited to, cervical strain/sprain, back pain, muscle spasm, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the iniuries she has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has under and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbi~Tation limits. RESPECTFULLY SUBMITTED, LAW OFFICES OF DALE E. ANSTINE, P.C. Two West-Mhrket Street P. O. Box 952 York, PA 17405 (717) 846-0606 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Evely~I. Neidi~h~ - ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVELYN I. NEIDIGH 148 N. East Street Carlisle, PA 17013 Plaintiff Ve RICHARD T. BROOKS 7713 Random Run Lane, Apt. T-4 Falls Church, VA 22042 Defendant NO.: 03-776 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I HEREBY CERTIFY, that on March 11, 2003, the Defendant, Richard T. Brooks, was served with a copy of the Complaint, as evidenced by the attached Certified Mail Return Receipt. RESPECTFULLY SUBMITTED, LAW QFFIC, ES OF DALE E. ANSTINE, P.C. Wayne .~arsil _ Attorney-I.D. #28360 Two West Market Street P. O. Box 952 York, PA 17405 (717) 846-0606 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this 14~h day of March, 2003, a copy of the foregoing Affidavit of Service was mailed, postage prepaid, to: Richard T. Brooks 7713 Random Run Lane Apt. T4 Falls Church, VA 22042 2 John R. Ninosky, Esquire I.D. #78000 GOLDBERG, Y~ATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant, Brooks EVELYN I. NEIDIGH Plaintiff vs. RICHARD T. BROOKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-776 CIVIL : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of the undersigned on behalf of the Defendant Richard T. Brooks in the above-referenced matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. 93667.1 John~R. Nin6sky, Es~u~e Att6rney I.D. 78000 320 Market Street Harrisburg, PA 17108-1268 Attorneys for Defendant Brooks CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on ~ ~/ , 2003, addressed to the following: Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. 93670.1 John R. Ninosky, Esquir~ Attorney I.D. No. 51785 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant John R. Nmosky, Esquire Attorney I.D. No. 78000 Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAlq & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 HanSsburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant EVELYN I. NEIDIGH and RONALD NEIDIGH, Plaintiffs RICHARD T. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-776 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: EVELYN I. NEIDIGH and RONALD NEIDIGH, Plaintiffs c/o WAYNE C. PARSIL, ESQUIRE Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: By: John R. Nint;sl~y,]t }quire Attorney I. D. I~0. rS000 Benjamin D. An~ >zzi, Esquire Attorney I. D. No. ;9271 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Richard T. Brooks John R. Ninosky, Esquire Attorney I.D. No. 78000 Benjamin D. Andreozzi, Esquire Attorney I. D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Hanfisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant EVELYN I. NEIDIGH and RONALD NEIDIGH, Plaintiffs RiCHARD T. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-776 CIVIL JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Richard T. Brooks, by his attorneys, Goldberg, Katzman and Shipman, P.C., who files the following Answer to Plaintiffs' Complaint: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 and the same are therefore denied. 2. Denied. Defendant currently resides at 13628 Middlevale Lane, Silver Springs, Maryland 20906. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 3 and the same are therefore denied. 4. Admitted. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 5 and the same are therefore denied. 6. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. Ifa response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph 7 are conclusions of fact and law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. It is specifically denied that any resulting damages will exceed the limit for arbitration. 2 9. Denied. The averments contained in paragraph 9 (a) through (h) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. COUNT I EVELYN I. NEIDIGH ¥. RICHARD T. BROOKS 10. Defendant hereby incorporates by reference the answers to paragraphs 1 through 9 as though set forth at length. 11. Denied. The averments contained in paragraph 11 are conclusions of law and fact to which no response is required. Ifa response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. The averments contained in paragraph 12 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 13. Denied. The averments contained in paragraph 13 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 3 WHEREFORE, Defendant Richard T. Brooks respectfully requests that Count I of Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant. COUNT H RONALD NEIDIGH V. RICHARD T. BROOKS 14. Defendant hereby incorporates by reference the answers to paragraphs 1 through 13 as though set forth at length. 15. Denied. The averments contained in paragraph 15 are conclusions of law and fact to which no response is required. Ifa response is deemed to be required, the averments contained therein are specifically denied. 16. Denied. The averments contained in paragraph 15 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 17. Denied. The averments contained in paragraph 15 are conclusions of law and fact to which no response is required. Ifa response is deemed to be required, the averments contained therein are specifically denied. 4 WHEREFORE, Defendant Richard T. Brooks respectfully requests that Count II of Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant. NEW MATTER 18. The claims of Plaintiff Ronald Neidigh and Plaintiff Evelyn Neidigh are barred by way ora General Release executed on February 8, 2003. A copy of the aforesaid General Release is attached hereto as Exhibit "A." 19. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 20. Plaintiffs' claims and/or alleged losses may be barred by the doctrine of contributory negligence and/or comparative negligence. 21. Plaintiffs may have assumed the risks of their alleged injuries, with any liability or responsibility on the part of Defendant Richard Brooks being expressly denied. 22. The accident which allegedly occurred on May 21, 2001 was not a substantial factor in causing any of Plaintiffs' alleged harm. 23. Plaintiffs have failed to mitigate their damages, if any, with any liability or responsibility on the part of Defendant Richard Brooks being expressly denied. 5 WHEREFORE, Defendant Richard T. Brooks respectfully requests that Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant. DATE: 93983.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. John R. Nino~y/Esquire Attorney I.D{)I6. 78000 Benjamin D. ~mdreozzi, Esquire Attorney I. D. No. 89271 320 Market Street P. O. Box1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Richard T.Brooks 6 GENERAL RELEASE For tl{e consideration of Two Thousand Five Hundred Dollars ($2,500.00), receipt of which is hereby acknowledged, I/we release and discharge, and for myself/ourselves and for my/our heirs, representatives, executors, administrators, successors and assigns, do hereby remise, release and forever discharge Richard Brooks hereinafter referred to as the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns, and any and all other persons, firms, corporations, associations, of and from any and all causes of action, suits, rights, judgments, claims and demands of whatsoever kind, in law or in equity, known and unknown, which I/we now have or may hereafter have, especially the claimed legal liability of releasee(s), arising from or by reason of any and all bodily or personal injuries and/or property damage known and unknown, foreseen and unforeseen which heretofore has/have been or which hereafter may be sustained by me/us arising out of the accident on or about May Twenty-First Two Thousand One, at or near Twenty-First Street, in the County of Cilmberland, in the State of Pennsylvania, which liability releasee(s) expressly deny(ies). I/We agree that in consideration set forth above is specifically applicable to and paid to me/us with respect to any and all damage to any property, either real or personal, of mine/ours and with respect to any and all personal or bodily injury of mine/ours, whether presently known or unknown, foreseen or unforeseen or which may subsequently develop and the consequeuces thereof, all as arising out of the aforementioned accident. I/We further agree that the consideration set forth above is specifically applicable to and paid to me/us with respect to any right of contribution that I/we may have against the releasee(s), his/her/their/its heirs, executors, administrators, insurers, successors and assigns relative to claims of others that may be brought against me/us by reason of said accident. I/We further agree that the consideration set forth above is specifically applicable to my/our agreement that I/we will not join nor attempt to join the releasee(s), his/her/their/its executors, administrators, insurers, successors and assigns in any capacity, in any action that may be brought against me/us arising out of said accident. I/We warrant for myself/ourselves and my/our heirs, representatives, executors, administrators, successors and assigns that I/we have received no money or other valuable consideration from any other person or persons by reason of any causes of action, suits, covenants, agreements, judgments, claims and demands of whatsoever kind, which I/we now have or may hereafter have, for injuries to my/our person or property or for the other matters for which this release is given. ~.~Iltndl~g to be legally bogl]d thereby, WITNESS my/our hand(s) and seal(s) this ~ ~ day of Claim//010410154514(~~'~'~ J. Minner:kys (Sefl) (Seal) REL2 Page VERIFICATION I, RICHARD T. BROOKS, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing Answer to Plaintiffs' Complaint Including New Matter; and that the facts stated therein are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. RICHARD T. BROOKS CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a tree and correct copy of the Answer of Defendant to Plaintiffs' Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage ~/'ld~,~..~. ~/' ,2003, addressed to the following: prepaid on Wayne C. Parsil, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Johr~R: Ni~o~'l~quire Attorney I.D. 1~Io./31785 Benjamin D. Auffreozzi, Esquire Attorney I. D. No. 89271 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant EVELYN I. NEIDIGH and RONALD NEIDIGH, Plaintiffs RICHARD T. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-776 CIVIL JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, LAW OFFI ES DALE E. ANSTIN ayr(e ~. Parsil, Esquire Attorfi'6y I.D. No. 28360 Two West Market Street P O Box 952 York, PA 17405 (717) 846-0606 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE has been served upon the following by placing same in the United States mail, postage prepaid, at York, Pennsylvania on this I'~ day of July, 2003. John R. Ninosky, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, LAW O~F DALE E. ANST~PPPPP~ Attorney I.D. #28360 Two West Market Street P. O. Box 952 York, PA 17405 (717) 846-0606 2