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HomeMy WebLinkAbout98-06675 '\: \ i ". ~, \I, ~ .., ~ d ' ~ " "to,>.' >....,' .<t, , i (I \.' \~J I ..... . .5' ~ CJj -..,1 ~: ~, " .': '100 ~, Schmidt and Ronca PC '" ..... ...... ..............,_"......."101 In I ''''''00 Altom.,. 1ft' (.......... ., l.... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, rS~ Cd/lj 1I..2..l' ( L. Civil Action (X) Law ( ) Equity BARBARA JEAN PAYNE 1750 Skippack Pike Townhouse "2307 Blue Bell, PA 19422 Plaintiff v. STEPHANIE BRENEMAN 816 Flintlock Road Mechanicsburg, PA 17055 Defendant PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a writ of summons in the above-captioned action. Prepared by: Writ of Summons shall be issued and forwarded to ( ) Attorney (x) Sheriff Charles E. SChmidt,~'-:JqUire, Schmidt and Ronca, I~:; 269 State Street, Harrisburg, PA 17 01 (717,) 232-6300 I S .C By: Date: /UU,;)o( I~g? Charles E. Schmidt, Jr., Esquire Supreme Court I.D. No. 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARF. NOTIFIED THAT TilE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Date: /f - do. d, q f +, ({ . {J c/ U'~, t CL-/ f\ '?(~r Prothonota U By: ,(l<VL ll'/'}/.-v- \, '4~ I , . t' (;'- ,[,/"" 1'<'. " '..." ! '~~i: " ;:1 , .:,~.;;. '-j " . NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (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 tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 51 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ."... II. STATEMENT OF THE FACTS 3. On January 26, 1997, the Plaintiff was a passenger in a 1990 Honda Civic owned by Buckley LeaSing & Auto Sales, 7202 Harrisburg Pike, Carlisle, Pennsylvania 17031, but which was placed in Defendant's care, custody, and cO/ltrol. 4. On the aforesaid date, the 1990 Honda Civic, operated by Jeremy Bull and in which Plai/ltiff was a passenger left Route 11 (at or near the intersection of State Route 11 and Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania), crossed over the left side of the roadway, and struck a pole. See more particularly Payne v. Bull, No. 98-4094 Civil, filed in I Cumberland County, Pennsylvania, a true a/ld correct copy of the f Complaint is attached hereto as Exhibit "A". 5. Prior to the accident, the Plaintiff, Jeremy Bull, and others were social guests of the Defendant, at the Carlisle Country Club, CarliSle, Pennsylvania. 6. Jeremy Bull, as the Defendant in the case of Payne v. Bull, supra, alleges that while at the Carlisle Country Club he was intoxicated and visibly intoxicated. See attached Exhibit "B", a true and correct copy of Bull's Answer with New Matter. 7. If the allegations in Bull's Answer with New Matter in the case of Payne v. Bull are true, then the Plaintiff in the 2 I~ l . , .~ I. '. alternative alleges that the aforesaid accident on January 26, 1997, in which the Plaintiff was severely injured was, i/l the alternative, at lea5t partially caused by the Defendant Breneman in allowing Jeremy Bull to operate the 1990 Honda Civic when she and her guests left the Carlisle Country Club on January 26, 1997. 8. The negligence of the Defendant Breneman consisted of: (A) Giving care, custody, and control of the 1990 Honda Civic to Jeremy Bull who she knew or should have known as intoxicated and, therefore, unfit to drive; (B) Giving care, custody, and control of the 1990 Honda Civil to Jeremy Bull who was visibly intoxicated and, therefore, unfit to drive; and (C) Allowing Jeremy Bull to drive her vehicle while he was intoxicated and, therefore, unfit to drive. 9. As the result of the Defendant's negligence, the Plaintiff suffered the following injuries which are severe and permanent: (A) Facial Lacerations and swelling; (B) A complete tear of the posterior cruciate ligament of the right knee, requiring two surgeries, and manipulation under anesthesia; (C) Permanent limitations to her right knee; (D) Scarring of her face and left and right forehead; (E) Neck and back soft tissue injuries; and ~ ;~ ~ r-~~ ~ ?~ "~ ~ 3 (F) Damage to associated muscles, nerves and ligaments. 10. Medical bills have been incurred as a result of the Plaintiff's injuries which include, to date, the following: Carlisle Community Ambulance (1/26/97) $ 285.00 West Shore Emergency Medical Services (1/26/97 ) $ 377.50 RWC Emergency Physicians (1/26/97) $ 180.00 Carlisle Imaging Association (1/26/97) $ 496.00 Carlisle Hospital (1/26/97-4/11/97) $ 7,046.00 David C. Baker, M.D. (1/26/97-4/23/97) $ 2,345.00 Central PA MRI Center (2/3/97) $ 875.00 Belvedere Medical Corp. (1/26/97-1/28/97) $ 750.00 Penn's Wood Physical Therapy (2/12/97-4/1/97 ) $ 1,453.00 Kevin Black, M.D. (2/20/97) $ 140.00 King of Prussia Physical Therapy & Sports Injury Center (9/24/97-3/4/98 ) $10,345.00 Bryn Mawr Orthopedics (9/2/97-1/12/98 ) $ 5,090.00 4 WHEREFORE, the Plaintiff, BARBARA JEAN PAYNE demands judgment of the Defendant, STEPHANIE BRENEMAN, in an amount in excess of the amount required in compulsory arbitration. I submitted, I P.C. By: Charles E. Schmi Esquire 1.D.# 19198 209 state Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff 6 Schmidt and Ronca PC ,.. ..... ""'-t "........ r.-",.... "101 "" 'IJ.'."4 AU.",,,,,. 4: (ounul." A. a.... --", BARBARA JEAN PAYNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEREMY BULL, NO. 1 f- J.j(Q1 JURY TRIAL DEMANDED 0~t.~ Defendant NOT ICE 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 LOCAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ;-) I '."i:'" ", ..~. :.!.~ if.. .. - """-"-~-'- "~--.... '. _.__.~- ,...-.... ..._........~.__._.. BARBARA JEAN PAYNE, Plaintiff : IN THE COURT OP COKMON PLEAS CUMBERLAND COUNTY, PENNSYLVJUUA v, JEREHY DULL, : CIVIL ACTION - LAW Defendant NO, JURY TRIAL DEKANDED COMPLAINT AND NOW, comes the Plaintiff, BARBARA JEAN PAYNE, by and through her attorneys, SCHMIDT AND RONCA, P.C., and respectfully avers as follows: I. THE PARTIES 1. The Plaintiff, BARBARA JEAN PAYNE, is an adult #2307, Blue Bell, Pennsylvania 19422. individual currently residing at 1750 Skippack Pike, Townhouse 2. The Defendant, JEREMY BULL, is an adult individual currently residing at 6607, Apartment C, Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. II. STATEMENT OF THE FACTS 3. The events hereinafter described took place on or about January 26, 1997, at approximately 4:11 p,m., at or near the intersection of S.R. 11 and Roadway Drive in Middlesex TownShip, Cumberland County, Pennsylvania. 4, At the aforesaid time and place, the plaintiff, BARBARA JEAN PAYNE, was a passenger in a 1990 Honda civic being operated by the Defendant, JEREMY BULL. 5. At the aforesaid time and place, the Defendant, JEREMY BULL, was travelling in the northbound left lane of Route 11, approaching its intersection with Roadway Drive. 6. At the aforesaid time and place, the traffic light at the intersection of Route 11 and Roadway Drive turned yellow, and the Defendant, JEREMY BULL, applied his brakes and lost control of his vehicle causing him to skid out of control, to cross the median into the southbound lanes of Route 11, and to skid into the entrance of ABF Truck Terminal. 7. After entering the premises of ABF Truck Terminal, the Defendant's vehicle collided with a traffic signal pole, causing the vehicle to become airborne, to spin twice in a 360 degree counterclockwise direction, and to finally come to rest after striking a parked pick-up truck. 8. As a sole and proximate result of the Defendant's negligence, the Plaintiff sustained severe and permanent injuries. 2 . COUNT I NEGLIG~HQC ~ABA JEAN P~YNE v, ~REMY DUL~ 9, Paragraphs 1 through 8 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 10. The accident was caused solely by the negligence, carelessness, and recklessness of the Defendant, JEREMY BULL, and was in no way caused or contributed to by the Plaintiff, BARBARA JEAN PAYNE. 11. The Defendant's negligence, carelessness, and recklessness consisted of the following: A. Failing to exercise the high degree of care required by a motorist entering an intersection; B. Driving his vehicle at a speed and in a manner in excess of the speed limit; C. Inattentiveness; D. Failing to maintain control of his vehicle; E. Driving too fast for circumstances; F. Crossing the center of the highway; and G. Some, or all, of the above are violations of the Pennsylvania Motor Vehicle Code, which is negligence per se. 3 '~ 12, As the sole result of the Defendant's negligence, the Plaintiff, BARBARA JEAN PAYNE, suffered the following severe and permanent injuries: A. Facial lacerations and swelling; B. A complete tear of the posterior cruciate ligament of the right knee, requiring two surgeries, and manipulation under anesthesia; C. Permanent limitations to her right knee; D. Scarring of her face and left and right forehead; E. Neck and back soft tissue injuries; and F. Damage to associated muscles, nerves and ligaments. 13. Medical bills have been incurred as a result of the Plaintiff's injuries which include, to date, the fol1owing: Carlisle Community Ambulance (1/26/97) $ 285.00 $ 377.50 $ 180,00 $ 496.00 $ 7,046.00 $ 2,345.00 $ 875.00 West Shore Emergency Medical Services (1/26/97) RWC Emergency Physicians (1/26/97) Carlisle Imaging Association (1/26/97) Carlisle Hospital (1/26/97-4/11/97) David C. Baker, M.D. (1/26/97-4/23/97) Central PA MRI Center (2/3/97) 4 .~ . Belvedere Medical Corp, (1/26/97-1/28/97) $ 750.00 Penn's Wood physical Ther.apy (2/12/97-4/1/97) $ 1,453,00 Kevin Black, M.D. (2/20/97) $ 140.00 King of prussia physical Therapy & sports Injury Center (9/24/97-374/98) $10,345.00 Bryn M~wr orthopedics (9/2/97-1/12/98) $ 5,090,00 Brian Murphy, M.D. (Bills unavailable at this time) Bryn Mawr Hospital $ $20.583.25 TOTAL $49,965.75 In addition, plaintiff may incur additional sums in the future. 14. As the sole and proximate result of the Defendant's negligence, the plaintiff, BARBARA JEAN PAYNE, has suffered a 10ss of earnings and an impairment of earning capacity. 15. AS the sole and proximate result of the Defendant's negligence, the Plaintiff, BARBARA JEAN PAYNE, has undergone great pain and suffering in the past and will continue to undergo great pain and suffering into the future. 16. As the sole and proximate result of the Defendant's negligence, the plaintiff, BARBARA JEAN PAYNE, has suffered a 5 IN THE COURT OF COMMON PLEAS OF CUMUERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA JEAN I' ^ YNE, PlaintilT, No 98-4094 Civil vs. JEREMY BULL. Defendant ANSWER I. The allegations of this paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. The allegations of this paragraph are denied. Defendant's residence is 27 Cleveland Street, Apartment 3, Springfield, Massachusetts 0 II 08. 3. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 4. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 5. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 6. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 7. The allegations of this paragraph are denied pursuant to Pa. R.C.p. 1029(e). 8. The allegations of this paragraph are denied pursuant to Pa. R.C.p. 1029(e). COUNT I NEGLIGENCE BARBARA JEAN PAYNE V. JEREMY BULL 9. The Defendant incorporales the Answers of Paragraphs I through 8 herein. 10. The allegations Oflhis paragraph are denied pursuant to Pa. R.C.p. 1029(e). 2 II. The allegations of this panlgraph are denicd pursuaill iu"l'a IU: I' IIJ~"(., 12. The allegations of this paragraph arc denicd pursuant to Pa. R.C.P. I029(e), 13. The allegations of this paragraph are denied pursuant to Pa RC,P. I029(e), 14. The allegations of this parugruph are denicd pursuant to Pa. ItC.P. I029(e). IS. The allegations of this paragraph are denied pursuant to Pa. R.C.P. I029(e). 16. The allegations of this paragraph are denied pursuant to Pa. R.C.p. I029(e). 17. The allcg~tions of this paragraph are denied pursuant to Pa. R.C.p. I029(e). WHEREFORE, the Defendant demands judgment in his favor and dismissal of the Complaint. NEW MATTER I. On January 26, 1997, the Plaintiff lived in an apartment building with the Defendant and five (5) other individuals. 2. On January 26, 1997 at approximately noon, the Plaintiff went to the Carlisle Country club with the Plaintiff and seven (7) other individuals. 3. While at the Carlisle Country Club, the Plaintiff and the Defendant and others ate and drank, consuming alcoholic beverages. 4. While at the Carlisle Country Club, the Plaintiff and the Defendant became intoxicated. ~ S. While at the Carlisle Country Club, the Plaintiff and the Defendant, while visibly intoxicated, were served alcoholic beverages by the agents, servants or employees of the Carlisle Country Club. 6. When it came time to leave the Carlisle Country Club, the Plaintiff knew that the Defendant was intoxicated. 3 7. When it came time 10 leave IlIe Carlisle Coulllry ClulJ, Ihc I'I"IIHIII I.hu ....... ,.....,,,.., that the Defendant was driving the vehicle and voluntarily entered the vehicle. 8. Thc Plaintiff was contributorily negligcnt in that she: a. Knew Defendant was drinking and intoxicated and ncvcrtheless proceeded to ride in the car with Defendant; b. Should have known Defendanl was drinking and intoxicated and nevertheless proceeded to ride in the car with Defendanl; c. Knew Defendam was drinking and intoxicated and was unable to drive the car; and d. Should have known Defendant was drinking and intoxicated and was unable to drive Ihe car. 9. The Plaintiff assumed the risk of the accident by: a. Knew and appreciated Defendant was drinking and intoxicated and nevertheless proceeded to ride in the car with Defendant; and b. Knew and appreciated Defendant was drinking and intoxicated and nevertheless proceeded to ride in the car with Defendant, even though Defendant was unable to drive. 4 ,. .. WHEREFORE, the Defcndant has a full and complete defcnse to this action and requests its dismissal. Respeclfully submitted, BLAKEY, YOST, BUPP & SCHAUMANN, LLP (~ Donald B. Hoyt, Esquire Counsel for Dcfendant 17 East Market Street York, Pennsylvania 17401 SupremeCI.I.D. #18061 (717) 845-3674 5 '" ,t- CERTIFICATE OF SERVICE I hereby certify that a LrUf' dflCi c"nrrc-c;t ("Opy of th(> foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, I-'i.. (l Pennsylvania, on the ~~ day of March, 1999, on all counsel of record as follows: Charles E, Schmidt, Jr., SCHMIDT, RONCA & KRAMER, 209 State Street Harrisburg, Pennsylvania Esquire PC 17101 Attorneys for Plaintiff THOMAS, THOMAS & HAFER, LLP , i ! / , . / '. i" \_~;_ .,:<:'\. l\u(0'- Ros~ B. Kulp, Secretar~ :52286.1 j-f r-- i"l ~ ....... { '-' ".. r.; ( :,:. ~ "- u .~ - N >- St- ~ "- ........ ......... ('I -.u ?' "-'l -, ,/ '-'I ~ 'r - , r" '< 13 ry r . Stephen f Gtduld"l, [IQUlfe Allornoy I 0 No 43530 THOMAS, THOMAS & HAFER. LLP 30S North Front Stroot POlt Offc.e 80)( 999 H.rrilburQ, Penn.ytv.nla 11108 (717) 237.7100 E.Mall sea{1lHthl~y.LC9m AlIornoys for Defendant STEPHANIE BRENEMAN BARBARA JEAN PAYNE, Plaintiff IN THE COURT OF' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -- LAW NO, 98-6675 STEPHANIE BRENEMAN, Defendant JURY TRIAL DEMANDED AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that Defendant, Stephanie Breneman, is granted an extension of time through April 19, 1999, in which to file an answer or preliminary objections. After the above date, a judgment of non pros or by default, as may be appropriate, may be entered upon praecipe without furtn~f'notice. ., ,'/ I ,I('~, " ((/1 I' I , i\. '" _ L, , ,,~ ... ---.., , .~_ ~___ .. J J - ~ ,0.9 Date Charles E. Schmidt, Jr" Esquire Attorney for Plaintiff 1;15/1 '2 Date S ephen E. Geduldig, Esquir Attorney for Defendant :5 1.1 ~! 1'\' l.t , ., .J , , , : . ; :_~ , 1 ,) . .J) , '. -. [ lJ , _,'of. .. , "J - c') J ~..:... ion ~;...-t (;.) ~'l:j -< ~.. ."'\'" .'.. .\ ...... ,.... , ~. 'wi'.-.,-.'. .,::,," Schmidt and Ronca PC ;.. .' "~,A. AIIOnl'rl .... C.ttA..... .. Law ... ..... ...... ...............,."MIoll.'tOI "'/111"'00 . BARBARA JEAN PAYNE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLA}ID COUNTY, PENNSYLVANIA v. JEREMY BULL, CIVIL ACTION - LAW Defendant v, NO. 98-4094 CARLISLE COUNTRY CLUB, Additional Defendant JURY TRIAL DEMANDED ..*.......** BARBARA JEAN PAYNE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant, NO. 98-6675 ./ JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this -+Jfday of m~"V{i-, , 1999, I, Charles E, Schmidt, Jr., Esquire, hereby certify that I have this day served PLAINTIFF'S NOTICE OF DEPOSITION OF STEPHANIE BRENEMAN, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Donald B, Hoyt, Esquire Blakey, Yost, Bupp & Schaurnann, LLP 17 East Market Street York, Pennsylvania 17401 Attorney for Jeremy Bull .", -..., . Guy H. Brooks, Esquire GOldberg, Katzman & Shipman, P.C, 320 Market Square, Strawberry Square P.O. Box 126B Harrisburg, PA 1710B-126B Attorney for Carlisle Country Club Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 01 Attorney for S eph nie Breneman & KRAMER P,C. ..-----" By: Charles E. Schmidt, Jr, 1.D. No. 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff ".'-'.,.: ,,,.,._, ~ ff ~r N _ Rf C ~ 0r ~ t- l iii' r '<. ~ f" (l - 11 ~ t I 1 ,. . '. I . ,!:, , 11 " , :-t i II. ~j ":'~ : ~,) ;~ ~ "f, li 'I, i \.,~.; i!f.:o;. '_,Il';;ft 'I (; II : I , , I '! \ l.':'" ; I," r~~'~ '. \', ,-. , Schmidt and RoncaPC AUo,.". ..... CHIlMIon... .... 1"_- ........... .-J1...... .,ro. "' I Ul",saa . BARBARA JEAN PAYNE, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JEREHY BULL, Defendant v. NO. 98-4094 CARLISLE COUNTRY CLUB, Additional Defendant JURY TRIAL DEMANDED .."..... BARBARA JEAN PAYNE, Plaintiff, IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant. NO. 98-6675 / JURY TRIAL DEMANDED \ , CERTIFICATE OF SERVICE AND NOW this Itl!, day of mIlA/I" , > , , 1999, I, Charles E. Schmidt, Jr" Esquire, hereby certify that I have this day served PLAINTIFF'S NOTICE OF DEPOSITION OF TIM TANKERSLEY by ,. r', , I r"-'.' depositing a copy of the same in the United States Mail, postage j ~'.. :.' prepaid, at Harrisburg, Pennsylvania, addressed to: Donald B, Hoyt, Esquire Blakey, Yost, Bupp & Schaurnann, LLP 17 East Market street York, Pennsylvania 17401 Attorney for Jeremy Bull r/ t,,\ k,,~< j..? 'I> ,',;, .,i~ , .- ~ - , r:-, Guy II. Brooks, Esquire GOldberg, Katzman & Shipman, P.C. 320 Market Square, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney ror Carlisle Country Club Stephen E, Geduldig, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 Attorney for Stephanie Brenaman Tim TankerSley 6607 Carlisle Pike, Apartment C Mechanicsburg, .J(' 17055 By: Charles E, Schmidt, Jr, I.D, No, 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff , P.c. ". ... 1'-( ~ ~ f' r- Q[ "f c: i>'- :u ~ b~ .9..J + r- ~ (' -t) l "1\ ru' ~ "<' ~ f AU"",. ..... eou"HIo.. It .... iOl~~,~l.rr,~.~~iIIf~r"~\,l!' .ot ..... ..... ..................".......,101 JIJ'UJ..JOO , ..... .. ., Schmidt and Ronca PC .-_._,~._,.,.-. BAABAM JEAN PAYNE, Plaintiff IN TilE COURT Of' COMMON PLEAS CUMB~:RLAND COUNTY, PENNSYLVANIA v. CIVlI, ACTION - LAW JEREMY BULL, Defendant v, NO, 98-4094 CARLISLE COUNTRY CLUB, Additional Defendant JURY TRIAL DEMANDED ******** BARBAM JEAN PAYNE, Plaintiff, IN THE COURT Of' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 98-6675 /' STEPHANIE BRENEMAN, Defendant. JURY TRIAL DEMANDED AND NOW this CERTIFICATE OF SERVICE / 9'!t day of 'rfJfJA ct , 1999, I, Charles E. Schmidt, Jr" Esquire, hereby certify that I have this day served PLAINTIFF'S NOTICE OF DEPOSITION OF JEREMY BULL, by depositing a copy of the same in the United states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Donald B, Hoyt, Esquire Blakey, Yost, Bupp & Schaumann, LLP 17 East Market street York, Pennsylvania 17401 Attorney for Jeremy Bull pu >f ~ r:;- ,.. )-- r 0 & i]1 t- f" ~ ....z r-.. ~ N )...J - I) - f' ..0 -.() "Y) Stephen E. Gedukl'll. EIq..e Attorney I O. No. 43~30 THOMAS, THOMAS & HAFER. LLP 305 Nonh Fronr Srreet POlt OffICe Box 999 Harrisburg, Pennsylvania 17108 (717) 237.7100 E.Mail. sea(ci)lIhlaw,com Attorneys 'or Defend.nt: STEPHANIE BRENEMAN BARBARA JEAN PAYNE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -- LAW NO, 98-6675 STEPHANIE BRENEMAN, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, STEPHANrE BRENEMAN, TO PLArNTrFF' S COMPLArN'l' AND NOW, comes Defendant, Stephanie Breneman ("Defendant"), by and through her undersigned counsel, Stephen E. Geduldig, Esquire, of Thomas, Thomas & Hafer, LLP, and files the following Answer and New Matter to Plaintiff's Complaint: 1. Denied pursuant to Pa, R.C.p. 1029(e), 2, Denied. Defendant is an adult individual 23324, currently residing at 1303 Drayton Road, Chesapeake, Virginia, WHEREFORE, Defendant, Stephanie Breneman, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and jUdgment entered in her lavor, II, STATEMENT OF FACTS 3, Admitted that on January 26, 1997, Plaintiff was a passenger in a 1990 Honda Civic owned by BUckley Leasing and Auto Sales, 7202 Harrisburg Pike, Carlisle, Pennsylvania 17013, which was being operated by Jeremy Bull, with permission of Defendant, 4. Admitted that an accident occurred on January 26, 1997, on S.R, 11 (Carlisle Pike) at approximately 4:10 p,m. near its intersection with Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania. To the extent that paragraph 4 of Plaintiff's Complaint purports to aver additional facts, same are denied pursuant to Pa. R.C,p. 1029(e). By way of further response, what is identified as Exhibit "AH at paragraph 4 of Plaintiff's Complaint is not attached to Defendant's copy of the Complaint. Therefore, no response is required. 5. To the extent that paragraph 5 of Plaintiff's Complaint purports to aver a legal conclusion, no response is required, By way of further response, it is admitted that Plaintiff, Barbara Payne, Jeremy Bull and others accompanied 2 .' Stephanie Breneman ~t the Carlislo Country Club, Carlisle, Cumberland County, Pennsylvania, prior Lo Lho accident, 6. To the extent that paragraph 6 of Plaintiff's Complaint alleges facts which are any lawsuit other than this one, to which Defendant had no right to plead, no response is required, By way of further response, what is identified as Exhibit "AU at paragraph 4 of Plaintiff's Complaint is not attached to Defendant's copy of the Complaint, Therefore, no response is required, 7. Denied as legal conclusions and pursuant to Pa, R,C.P. 1029(e), 8 (a)-(c), Denied as legal conclusions and pursuant to Pa. R,C.P. 1029(e), 9 (a) - (f) . Denied as legal conclusions and pursuant to Pa. R,C.P. 1029(e), 10. Denied as a legal conclusion and pursuant to Pa. R,C,P. 1029 (e), 11. Denied R,C,P, 1029 (e). 12, Denied R,C.P. 1029 (e). 13. Denied R,C.P. 1029 (e) . as a legal conclusion and pursuant to Pa, as a legal conclusion and pursuant to Pa. as a legal conclusion and pursuant to Pa, 3 14, Denied as a legal conclusion and pursuant to p~. R.C,?, 1029(e), WHEREFOR~, Defendant, Stephanie Breneman, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in her favor. III. PUNITIVE DAMAGES 15, Denied as legal a conclusion and pursuant to Pa. R,C,P. 1029(e) WHEREFORE, Defendant, Stephanie Breneman, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in her favor. NEW MATTER 16, Plaintiff's Complaint fails to allege a claim for punitive damages. 17. Plaintiff's Complaint fails to allege a cause of action against Stephanie Breneman. 18. If Plaintiff's allegations, denied as aforesaid, are proven to be true, then Plaintiff, Barbara Payne, is comparatively negligent for knowingly, voluntarily, and consciously choosing to get into the vehicle operated by Jeremy Bull, which she knew or should have known Bull was allegedly incapable of safely operatin9. 19. At the time of the accident, Plaintiff, Barbara Payne, was under the influence of alcohol. 4 :t j , " 20, Alternatively, at the time of the accident, Plaintiff. Barbara Payne, was not under the influence of alcohol, and was conscious, lucid, competent and able to make reasoned decisions pertaining to her own health, salety and well being, 21, Plaintiff's damages, denied as aforesaid, were caused by third persons over whom Defendant had no control or right of control, 22, Plaintiff's claims may be barred or limited by the Pennsylvania Financial Responsibility Motor Vehicle Act. WHEREFORE, Defendant, Stephanie Breneman, respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in her favor, Respectfully submitted, THOMAS, ~HOMAS & HAFER, LLP ",J::~ Attorney I,D. No. 43530 By: Attorneys for Defendant, STEPHANIE BRENEMAN 5 ::- ,..j ,-? I' -) - , ) ; .~: .,(.1 '::1 "n -<. ( " , , '_J ~) .1' I (~. " ...., -, :~) (}1 H .\., Y ,', ,. Schmidt, Ronca &. Kramer PC AttofM)'S _ Counsel.1I At IA~ ZOP 5cAte SCr... H.arrt.bu... '.nn.~.anLa 17101 7171 ZJZ.6JOO BARBARA JEAN PAYNE, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant. NO. 98-6675 JURY TRIAL DEMANDED REPLY TO NEW MATTER 16. Paragraph 16 contains a conclusion of law which does not require a responsive pleading, 17, Paragraph 17 contains a conclusion of law which does not require a responsive pleading, 18. Denied. Paragraph 18 is denied for reasons set forth in Plaintiff's Complaint and Reply to New Matter in the case of Barbara Jean Payne v, Jeremy Bull, No, 98-4094 Civil, Common Pleas Court of Cumberland County. 19, Denied in part. Plaintiff admits to having consumed two drinks of alcohol, but denies that she was impaired, 20, See reply to No, 19 above, 21. Paragraph 21 does not require a responsive pleading, 22. Paragraph 22 contains a conclusion of law which does not require a responsive pleading, .~. BARBARA JEAN PAYNE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'rY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 98-6675 STEPHANIE BRENEMAN, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 1999, I, Charles E, Schmidt, Jr., Esquire, attorney for the Plaintiff, hereby certify that I have, this day, served the foregoing, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, as well by depositing a copy of the same in the United States Mail, Certified Mail, Return Receipt Request, postage prepared, at Harrisburg, Pennsylvania, addressed to: Stephen E, Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 SC ER, P,C, By: Charles E. Schmidt, Jr. Attorney 1.0. #19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff ... VERI f'ICATION I, Charles E, Schmidt, Jr" attorney for Plaintiff, verify that I am attorney of record for the Plaintiff, and that the foregoing document contains no facts within the knOWledge of the Plaintiff, but rather is based upon the record or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on Plaintiff's behalf, I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa, C.S,A, ~4904 relating to ---.. unsworn falsifications to authorities, R, P.C, By: Charles E. Schmidt, Jr, Attorney I,D, #19198 209 State Street HarriSburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff ,.,. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the .i foregoIng document was served by depositIng the same in the United States Mail, postage prepaid, at Harrisburg, D ','{II on the(~day of May, 1999, on all counsel of Pennsylvania, record as follows: Charles E, SChmidt, Jr., SCHMIDT, RONCA & KRAMER, 209 State Street Harrisburg, Pennsylvania Esquire PC 17101 Attorneys for Plaintiff THOMAS, THOMAs & HAFER, LLP '-fd1'{t~1 Rosa B. :52286.1 r \, ;1 l. ~ /. t. ; :" , " r; !) I n 11 i. 'l ~. , ) ,\ ) , .., I . .' Schmidt, Ronca &. Kramer PC AUomeysw ClIuRHloB '" LAw ,.~ ",' 109 sun 5Cred HonlobulJo .....n.yhI...... 1710 I 111/1U-6)OO . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA JEAN PAYNE, Plaintiff, STEPHANIE BRENEMAN, Defendant. NO. 98-6675 JURY TRIAL DEMANDED AND NOW this CERTIFICATE OF SERVICE 91P)' day of f1l ~ Jr., Esquire, hereby cer~fY , 1999, I, Charles E. Schmidt, that I have this day served a copy of the PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT ADDRESSED TO PLAINTIFF by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 Respectfully submitted, I I s P.c. 1-1 ! /. \ BY: Charles E. Schm~dt, Attorney 1D # 19198 209 state Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff -- - _. b .; Schmidt, Ronca L Kramer PC -.. AllorncyI AIId c..unMIon AI ~.." 0 _ . 109 5We 5Creet It.tntsburs. Pennsylw..... 17101 717/131.6300 L . .__....~___'O<,.___._.. BARBARA JEAN PAYNE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant. NO, 98-6675 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this I . ~L ~\ - , 1999, I, ~\U()<L day of Charles E, Schmidt, Jr" Esquire, hereby certify that I have this day served a copy of the PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 P.C. BY: Charles E. Schmidt, Jr. Attorney 1D # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff ..... 0:; .-... "... ...... ~J t I ! :1. " [II. IJ II t. I. ~ .' I,t :, 1/ . , '. .~ - - Schmidt, Ronca &. Kramer PC AIlvnMp ""d Cou_lon AI LAw ~."" .,,j ZOO SCAle 5Creet IWrIsbUlJo renns~"AIIIo 17101 7171 UZ.6JOO '-,___-' BARBARA JEAN PAYNE, Plaintif f, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant, NO. 9d-6675 JURY TRIAL DEMANDED AND NOW this CERTIFICATE OF SERVICE "'\ \'" \ ;:::.V- day of July, 1999, I, Shawn T, Peterson, hereby certify that I have this day served a copy of PLAINTIFF'S SUPPLEMENTAL ANSWERS TO DEFENDANT'S INTERROGATORIES by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O, Box 999 Harrisburg, PA 17101 Attorney for Defendant Respectfully submitted, SCHMIDT, RONCA & KRAMER, P,C, BY:~""~ Shawn T. Peterson Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 -, ,", -- _. - ,:- :', " (') <:"; ..::.. .~O () " 0~(: ...,.: (h L , ; :'.p~ -< ::J ()'. -.::1 :::: - VER I F'l CATION ~()J'1:,"'\I'O.. \.\. Q<:t.,~ Barbara Jean Payne I, Barbara Jean Payne, verify that I am the Plaintiff in the foregoing action. I have read the foregoing document and to the extent that it is based upon information which I have given to my counsel it is true and correct to the best of my knowledge, information, and belief, To the extent that the contents of the foregoing document are that of counsel, I have relied upon counsel in making this Verification, I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S.A, ~ 4904 relating to unsworn falsifications made to authorities, , f ( \::. , ) , ( : , " .. ., II: r. , , ",. -. .,> ~.~ .t;". -, .Schmldt, Ronca &. Kramer PC Attomeya M4I (wllla.le" At uw.. . 109 SIMe SIr.- Ha.,\tIKq, ,."".,...,... 17101 717 I IIJ.6JOO - "*.--.. -., "'-"~.~-- BARBARA JEAN PAYNE, Pl,lintiU IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO, 98-6675 STEPHANIE BRENEMAN, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ).. '-\ ~ day of August, 1999, I, Charles E, Schmidt, Jr., Esquire, hereby certify that I have this day served a copy of the PLAINTIff'S INTERROGATORIES ADDRESSED TO DEFENDANT (FIRST SET) by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street/---\ Harrisburg, PA 17101 I , Re pectfully submitted, , HMIDT, ~6NCA & KRAro ER, 1G ./ P.c. BY: Charles E, Schmidt, Attorney 10 # 19198 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for the Plaintiff -- ...... '<J ....... ..... _~___~r_____H___-' o c- :-- cnr- 0/ I [.,'. cO W ~ ;-5 r,) c. ~ !~< --. :;..'.:. , ... :'2 " :~.) :" f" ...... n OJ"~ " -,,',"1 :;.~ :.n -, .,-,~,~"'~. Schmidt, Ronca &. Kramer .PC Atlorneyo ..... Counoelon .. LAw Z09 SUle SIred H&rrIsburs. Pennl)'lv..... 17101 , 717 I Z3Z.6300 BARBARA JEAN PA'OJf:, 1'11.1 i fl t i f t , IN '1'111,: couwr OF COMMON rl.F.AS C:UMHI':Hl.MW COUNTY, PF.NNSYLVANIA v, CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant, NO, 98-667S JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 4'0 day of May, 200a, I, Shawn '1'. Peterson, hereby certify that I have this day served PLAINTIFF'S FIRST SUPPLEMENTAL RESPONSE TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENT, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 SCHMIDT, RONCA & RRAMER, P, C . '" l~~)r Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ~ '<:J ...... ....... ... ...... i::) (", CJ '. " ") , " , ,- I ' :-Tl ..;J (..:; '.l r , ,t) "'0 .. . -'" :(-) . .~" :; ~ .~~' -:':.~ ~..., .- 'J1 :Q - Schmidt, Ronca &. Kramer PC AItomeys And CounMlon .. Law ~ ,_ 109 5IMe SIred ILvrtsbUIJo .....nl)'lv...... 17101 717/111-6)00 ."" ". BARBARA JF.AN PAYNF., Plaintiff, I N TilE COUHT OF COMMON Pr.EA~; CII11BEHLAND COUNTY, PENNSYLVANIA v. cr V J L ACT ION - LAW STEPIIAN I r. fWF.NEMAN, Defendant, NO. 'J8-(,C7" JURY THIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 13"1 day of June, 2000, I, Shawn T, Peterson, hereby certify that I have this day served a copy of PLAINTIFF'S SECOND SUPPLEMENTAL HESPONSE TO DEFENDANT'S HEQUEST FOR PRODUCTION OF DOCUMENTS by depositing a copy of the same in the United States Mail, postage prepaid, at HarriSburg, Pennsylvania, addressed to: Stephen E. Gedu1dig, Esquire Thomas, Thomas & Hafer 305 North Front Street HarriSburg, PA 17101 Respectfully sUbmitted, SCHMIDT, RONCA & KRAMER, P,C, BY: u~sh-- Shawn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ." -. . -- .......... ~ ..;:0;.;:.:::;;;';;;;---' Schmidt, Ronca &. Kramer PC AllomOJl ...d Counselors at ....w 109 5Iate 5Cnet lIonlsbu'lo PcMIS""'...... 17101 717 I lU.6:1OO ~-" --..-.-- BARBARA JEAN PAYNE, Plaintiff, I tJ TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant. NO. 98-6675 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 3'd day of July, 2000, I, Shawn T. Peterson, hereby certify that I have this day served a copy of PLAINTIFF'S THIRD SUPPLEMENTAL RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street Harrisburg, PA 17101 Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C, BY: .Uwk Shawn T, Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300 ~ ...... ...... ~ ...,.. ..... (, :::> ..~:J C", ,,.,) '" -_.:::'", - Schmidt, Ronca &.. Kramer PC~ AUome,I- CouMeIoro .of "'W 109 5cM. ser1t4 , HAntsbullo rennl~AIIIA 17101 717 I lU-6JOO _,,J BARBARA JEAN PAYNE, Plaintiff, HI TilE COURT OF Cot1110l1 PLEAS Ctll.HlERLAND COUNTY, PENNSYLVANI.l'l v, CIVIL ACTION - LAW STEPHANIE BRENEMAN, Defendant, NO, 98-6675 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 7th day of September, 2000, I, Shawn T, Peterson, hereby certify that I have this day served a copy of the Plaintiff's Fourth Supplemental Response to Defendants' Request for Production of Documents, by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 Attorney for Defendant Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C. BY: awn T. Peterson, Paralegal 209 State Street Harrisburg, PA 17101 (717) 232-6300