The URL can be used to link to this page

Home My WebLink About01-0295 FX WILLIAM 1. ROBERTSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYL V ANIA vs. No, 01-';95 JOHN W. YOUNG, JR. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HA VB 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 attomey 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 !I~~',~"""', , ~ , '" -," , "'.--~". '--'" .-~-" >~"' ~. ~-,~, I" " I " 'I Iii Ii Iii I 1') I" " ii! ,Ii Ii' I" ,,1 I'J ik I', I):: If I 'I '" ., .,,~~~ --~"""" .'~-,', ." r- -, -~ ~ ... ", ~,~, "' ,..~~, 1IJF"~~'~m,"~'m:W;lfij:',;~r,;I,'''fj''':'W8!~~~." ::,~~R. -, ,,"~,r-,vw:: " vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA No. ()J-d?~ CWu.-r~ WILLIAM 1. ROBERTSON, Plaintiff JOHN W. YOUNG, JR Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, William 1. Robertson, is an adult individual residing at 227 E. Locust St., Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. John W. Young, Jr., is an adult individual residing at 23 E. Locust St., Mechanicsburg, Cumberland County, PA 17055, 3. On Saturday, April 1, 2000, at approximately 7:53 P.M. Plaintiff was traveling in an westbound direction on his 1995 Kawasaki motorcycle traveling on Market St. (S.R 114 in Upper Allen Township, PA). 4, The Defendant was eastbound on Market St. (S,R. 114) in the left turn lane. 5. The Defendant turned left onto Cumberland Parkway into the path of the Plaintiff colliding with the Plaintiff at which time he was ejected from his motorcycle. 6. Said negligent act of the Defendant caused said collision which resulted in the injuries to the Plaintiff William 1. Robertson. 7, At the time of said accident, the negligence of the Defendant consisted of the following: A Driving while under the influence of alcohol; ~~~'>> o ~, _ ~ . ,., .-~ " B. Driving under the influence of alcohol to a degree which rendered him incapable of safe driving; C. Failing to slow and bring his vehicle to a stop and allow the Robertson vehicle to pass; D. Failing to stop and/or yield; E. Failing to maintain his vehicle under proper and adequate control at the time; F. Operating his automobile without due regard for the rights, safety, well-being and position of Plaintiff's under the aforesaid circumstances; G. Failing to yield the right-of-way to Plaintiff's vehicle; H. Violating the Vehicle Code of the Commonwealth of Pennsylvania. I. Failing to give proper and sufficient warning of the approach of said vehicle; J. Such other acts of negligence, carelessness and recklessness as may be determined through the process of discovery and a trial. 8. Due to the negligence of the Defendant, as aforesaid, Plaintiff suffered the following injuries, which were and are serious: severe trauma, ecchymosis and swelling over his lower right extremity including right buttocks. 9, All of the aforesaid injuries were caused solely by the Defendant, acting and failing to act, as aforesaid, and were in no way caused by any act, or failure to act, on the part of the Plaintiff. 1 o. As a further result of the conduct of the Defendant, as aforesaid, Plaintiffhas suffered medically determinable physical impairments which have prevented him and continues to prevent "-<'.-. -", !'~ -, ".--' d' . ,'- '. him from performing all normal acts and duties which constitute his ususal and customary daily activities, 14. As a furtherresult of the conduct ofthe Defendant, Plaintiff has incurred substantial medical expenses to treat his injuries suffered in said accident, and will continue to incur medical expenses for the treatment of said injuries all due Defendant's negligence. 15. As a further result of the conduct ofthe Defendant, Plaintiff has incurred work loss, property loss, and may incur work loss in the future. 16, As a further result of the conduct of the Defendant, Plaintiff is experiencing severe pain and suffering, mental anguish, and humiliation and, in the future, may continue to do so. WHEREFORE, Plaintiff demands judgment against Defendant, in an amount in excess of Forty Thousand ($40,000,00) Dollars plus costs and interests. 1. Rex Bickley 121 South St. Harrisburg, B 171 0 1 (717) 234- 77 (717) 234-7832 Attorney for Plaintiff it, _~, "., 1'>" - _""',,',_0 --f-- VERIFICATION I, William 1. Robertson, veritY that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to Pa.C.S.A.g4904 relating to unswom falsification to authorities, Date: /. II - 0 { /d-c ~ William 1. Robertson i'i~ " " .. - r ~ ~"- .- " ~~ ' ~~~ w' rl~'. _ ".~~.> . _, .,~ ,,_c_ ~~~ ~1lA11Ii~ -,^'" ." ,~ "'/'<::) ~ -:Jt- ~ -- \>J <:::> C' '- 'l> VI "" ~ ~ ,~,__,,,_,~ .,," ,~~,.,,_t..~ .~',,,~, . ..(' \ -1:.. V', y') 0 -~ ~ e'd <", ~~ "'i ~ f? ~-; fff' c---)-' ~;( S~(-. "~"- .- , j;2~ ; ,.'....; ::~1 (=; ~" ."~[ I!_ ~, ~~il~iI'~~':;"'~~'",_,_~_",,~~~~ 0t '''-' l~ " --~!_- ~,,- ~~; '-'.,,- SHERIFF'S RETURN - REGULAR CASE NO: 2001-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERTSON WILLIAM I VS YOUNG JOHN W JR ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon YOUNG JOHN W JR the DEFENDANT , at 0013:10 HOURS, on the 31st day of January ,2001 at 701 E LOCUST ST MECHANICSBURG, PA 17055 JOHN W. YOUNG by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 Sworn and Subscribed to before me this 5""'" day of J~"0"7 ~I A.D. ()'f-'-~()' ~ .~ Prothonotary .,,,~o SO;::~~e R. Thomas Kline 02/01/2001 REX L. BICKLEY By'Ao<- Z~~ Deputy Sherlff "~...'- ~ ~I ~!! ';; I! ;,1 , ,jJ ) ;-:j ;';:1 ,~~" _,." 'J'_ " "' : L " "~~~ ""Jm'l- ~_~ll!Il) ~"-" .- ~__l"!~~~ __"1lI'-1~~'r;t!),"i''i!;};;'N:f,'''l';'''~\!W~N~~~~I~,%"~""",",_!I.~_'!W~ 4J 105__ A ILIABITJMlLLPG\672141RYM114180102953 WILLIAM L ROBERTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01-295 JOHN W. YOUNG, JR. : CNIL ACTION LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant John W. Young, Jr. in the above-captioned matter. Respectfully submitted, MARSHALL, D,ENNEHEY, WARNER, COLEMAN & GOGGIN DATED: MAttc/+ 7. 2o~1 BY: Tim thy ahon, Esquire 100 Pine treet - 4th Floor P.O. Box 803 Harrisburg, P A 171 08 LD, No. 52918 (717) 232-9323 Attorney for Defendant f)";~" .c" '- _.n'"." '__~_1.',,~,~ ",,,,,"'.."'Cj,,,.,,",'q,. _,-,.____",""',"":,'> _ .,.' ,r' ".__' ". .". ~~___ ''".~ H_,'" -"- t' '''~". "' CERTIFICATE OF SERVICE I, Rachael L Minnich, employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this L day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, pa 1710 1 ~JAuPfll~;cJL RACHAEL L. MINNICH , or "1" -- ~ ~; "." =~ _ ' i =, ~~ _..~..T 'I I , 'i 1 I I Ii :!j :1 Ii 'ii " 'I 11 !' 11 I " I )'1 I >~~,=. , ,r 0,.,,'1 ." -~ M'9I, ~ ,M! %I' 2 0 ~ s:: ::l':: ~rn "'" m AI ~:~ Tl :JJ r-- C . :;~J~ ~z co '"" :r '-::0 ':.::-.c> ~o .." ~-~; ::x '-"0 5>8 'P. Z'rfl 0 ~ ~-; w 55 Ul -< !!'II.1!!!J~il!/O$~;l<>mmc-'11i"~.~" ,,~,.,_,~ , . " -~__,J1iffl1i!'l!!lJ,!I1! ,"_.-" _ .wL!lf. WILLIAM L ROBERTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-295 JOHN W. YOUNG, JR. Defendant : CIVIL ACTION LAW : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: THE PROTHONOTARY You are hereby notified to plead to the enclosed Answer with New Matter of Defendant, within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GO GIN DATED: BY: Tirno hy . on, Esquire 100 Pine tre - 4th Floor P.O. Box 803 Harrisburg, P A 171 08 LD. No. 52918 (717) 232-9323 Attomey for Defendant, John W. Young, Jr. C',-,' <~, , 'r--~ ,-L,~ . ._'0"",,",,,-,,.,,,_ r-'~ - ,.,.-- ,;~:')"'=__, "", _ f,e ,_oj __,e<_,_ "~ , , , j 1~ " ", - c ~ \05-,,\LIAJl\TJ!A\LLPc;\67228ut~14180\02953 WILLIAM 1. ROBERTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-295 JOHN W. YOUNG, JR. Defendant : CIVIL ACTION LAW : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPI,AINT 1. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says he is. The remaining allegations of this paragraph are denied because Defendant after reasonable investigation and inquiry lacks information as to the truth thereof and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 2. Admitted. 3. Denied in accordance with Pa.R.C.P. 1029(e). 4. Admitted upon information and belief. 5. Admitted in part; denied in part. It is admitted only that Defendant turned left on to Cumberland Parkway as alleged. The remaining allegations of this paragraph are denied in accordance with PaRC.P. 1029(e). 6. Denied in accordance with Pa.R.C.P. 1029(e). 7. Denied. The allegations of this paragraph, together with its subparts (a) through G) constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial if relevant. ':!'i ' ~"-~~"--" ,__,,,{, "':"0'.'<'_"",.".''''''', X"'- .' p < ','-' .- -1- "_~_ .,. ._,,~__ _~ .0' ,,-, ". " ~ "-" 8. Denied in accordance with Pa.R,C.P. 1029(e). 9. Denied in accordance with Pa.R.C.P. 1029(e). 10, Denied in accordance with Pa.R.C.P. 1029(e). 11. Omitted. 12, Omitted. 13. Omitted. 14. Denied in accordance with Pa.R.C.P. 1029(e). 15. Denied in accordance with Pa.R.C.P. 1029(e). 16. Denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor and against Plaintiff together with such other relief, as this court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 17. Plaintiff s Complaint fails to state a cause of action as against Defendant upon which relief can be granted as a matter of law. 2 ~;,' ,h~ '-'___";0'. .__c, -";<_7,','''''_::!_-''''' ~, "'~ "-f~,-~~." -~, ," ,~ , -~ .-~ -. ., '-_Ie 18. No act or omission on the part of Defendant was a substantial contributing factor in bringing about Plaintiffs injuries and/or damages, all such injuries and/or damages being expressly denied, 19. Plaintiff s claims may be barred or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Defendant reserves his right to raise one or more ofthose defenses reserved by virtue ofPa.R.C.P. 1030. 21. Plaintiffs claims may be limited by the Doctrines of Res Judicata and/or Collateral EstoppeL WHEREFORE, Defendant John W. Young, JI. demands judgment in his favor and against Plaintiff together with such other relief, as this court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: 3f7jJ, BY: Tim hy cMahon, Esquire 100 Pine S eet - 4th Floor P.O. Box 803 Harrisburg, P A 171 08 LD. No. 52918 (717) 232-9323 Attomey for Defendant, John W. Young, Jr. 3 fr ,<., c__ _~_" _ -~.._- ., "I' _., ,_ " c ,. '_ '. ._~,~ , ,.- -" -' .,- ," ,.. , I I I , I I , I 11 'I !, ii ii 'I '1 ;,~ 'I ') i.l ~1 N'ml " - ~' ,.-~ -~ Ifll,.J <0-' = '-j . , - ,". ,~ . .-., __"'_~_~= __~'lI!J!II!i'IIII!~~~,ij$'1lfl111r~#.:%~'I!'i~Ji~~-!~~~l~ii!'''~ilWq11ii!~~~~~L_!. _.1" ')'f r_~ VERIFICATION John W. Young, Jr., defendant in the above matter, verifies that the facts set forth in Answer with New Matter are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: 31 \4 \01 < " --" ".." ,..- ~~'n'~ . W.YO " '. . CERTIFICATE OF SERVICE I, Shonu McEchron, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this :2 C( day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, Pa 17101 ~~, ,. '-"i' C'~ -~~_^~,.,,~"?_'"--"""~-_,/_'F~_'_' - ,'r_""':'~"o"_-':'_' _~ ,- , .';_.'" . ,-- ,.. c"'. I '1 , j: "j~ 11 !i ~ :'~ - ~~, "< , [:!" J~~_ <,- " w ~ ~" - - ~ 0 c~ '''' C ~, ' , u ~";:: T::'" ITj " u" .~ .2: : '.. ':/) .,- " .:.~. C) <- , ^.. , , c <;:00_' C j .9' C' "--;-1 ::': .:'J1 -'~ -< (1"\ :-~LJ -', _'J" __. "!~~.~- ~!J!iMf~~;!5ffil!i~"~iliP!l~if,i'lIlO,~r_il,,,,;g,,~_"iN'l!"i~I'!mIl!~~~!lI>~nfl'lI!~,*,~~~ o WILLIAM 1. ROBERTSON, Plaintiff v, JOHN W. YOUNG, JR. Defendant 1,4) 80 -,;1.15:3 :> o f-'=*""........-.-,.. . , I'-'~-, -'--1 -, ~ .(?-~, ", r_ :-",', "~~:>^ ~! "', : IN THE COURT OF CO~bN PLEAS OF :"1 '. : CUMBERLAND COUNn'"PEt.W'sY<LW ~ : NO. 01-295 ._-.-..~-~-~-----.,._._, ,.,----,-,...,__._,_J : CIVIL ACTION LAW : JURY TRIAL DEMANDED ORDER TO SETTLE, DISCONTINUE AND END TO: Prothonotary, Cumberland County Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. \05_!\\LIAJ3\T~LPc;\70020\S)(v\I4180\02953 - -;" ",,~' "': '10 ~- ---' ,", -~-" -.- '- ',^ . :"-,"'-' -_.~--- ',- , BY: 1. Rex Bickl , Esquire 121 South eet Harrisb g, Pa 17101 Attorney for Plaintiff, William 1. Robertson -~ " ~ ~- !i:1 WILLIAM 1. ROBERTSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-295 JOHN W. YOUNG, JR. Defendant : CIVIL ACTION LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 3JtJ day of rv'hj, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: L. Rex Bickley, Esquire 121 South Street Harrisburg, Pa 171 0 1 (for Plaintiff) W!i~ SHaND V. MCECHRON \05_ A \LIABlTJM\LLPG\67507\RYMl14180\02953 :iiI' ~ ,'" "~'/~;'i!:;cL'", ,~" "-.- '.',' . ~ _ ,,~,_o_,,_,"_ ' '~- _-" _. ~__ ,^, - , '>' ". " ~ ~ ~ ~ ~ ~,i ""~ "" .~"""' ,~ ''''~_.' ,,"C'_ ,'_ \ 'e, ~ <" !!J.~_"~ ~_ JI"._ mc.Ilt~!l'!lm,.~." " o c <- ""000 ~S9 tij"?i -<,-, ~~ ~8 >c: z =< a o '.n <- c:: :z I ;:3 " ,~t:::D , , . ,.".~ ~~;~:8 ,",," L SS-(..) 4-1"7, -;e--n ~jo e5fn ?G -< -0 :x ~ N W ,,~ -~, :"":'":"'