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HomeMy WebLinkAbout07-1815DAVID J. ROGERS, and STACEY L. ROGERS Plaintiffs VS. SCOTT D. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - O 7_ V1 S- c av, 1 r^- JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County. Date: April 2, 2007 To The Above Named Defendant: Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 WRIT OF SUMMONS Scott D. Ford 904 Hamilton Street Carlisle, Pa 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: 67 .,w,t ?) 02 00-7 /S Caw /ot 0? Prothonotary By: p( . C? Deputy ? ? -r? ? -6? , ? ? i . ? ( w ? ? . y Y ? ^' Q ? C Jy ? N ? iy"3 1 v F DAVID J. ROGERS, and STACEY L. ROGERS Plaintiffs VS. SCOTT D. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07-1815 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 (PA Only) or (717) 238-6715 DAVID J. ROGERS, and : IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. : NO: 07-1815 SCOTT D. FORD, : Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, David J. Rogers, and Stacey L. Rogers, by their attorney, Karl E. Rominger, Esquire, and in support of this Complaint aver as follows: 1. Plaintiff David J. Rogers is an adult sui juris residing at 4 Meade Drive, Carlisle, Pennsylvania 17013. 2. Plaintiff Stacey L. Rogers is an adult sui juris residing at 4 Meade Drive, Carlisle, Pennsylvania 17013. 3. Defendant Scott D. Ford is an adult sui juris residing at 901 Hamilton Street, Carlisle, Pennsylvania 17013 4. On or about April 6, 2005, Plaintiff was operating his motorcycle southbound on College Street in Carlisle, Pennsylvania 5. On or about the same time Defendant was driving on A. Street in Carlisle, Pennsylvania 6. On or about the same time Plaintiff saw Defendant pulling out onto College St. from A Street. 7. Plaintiff realized that Defendant was not stopping, therefore Plaintiff attempted to stop, but was unable. 8. Plaintiff in a defensive maneuver, had to "lay down his bike" in order to prevent himself from being struck by the Defendant's Automobile. 9. Defendant had a duty to the Plaintiff and breached that duty. 10. Plaintff suffers from chronic right shoulder and neck pain, tenderness from his wrist up to the bicep, and continued right knee pain and stiffness as a result of Defendant's actions. COUNT I NEGLIGENCE DAVID I ROGERS V. SCOTT D. FORD 11. Paragraphs 1 through 10, above, are incorporated herein by reference as if fully set forth at length. 12. Defendant Scott D. Ford was negligent in that: a. He failed to keep an assured clear distance; b. He failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; c. He drove a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; d. He failed to stop; e. He failed to yield to traffic; f. He knowingly entered traffic when it was not clear. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in his favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit. COUNT II LOSS OF CONSORTIUM STACEY L. ROGERS V. SCOTT D. FORD 13. Paragraphs 1 through 12, above, are incorporated herein by reference as if fully set forth at length. 14. As a result of the injuries to her spouse, which was caused by the negligence of the Defendant, Plaintiff Stacey Rogers has been and/or may be compelled to expend monies for medical aid, medicines and the like in an effort to cure him. 15. As a result of the injuries to her spouse, which was caused by the negligence of the Defendant, Plaintiff Stacey Rogers has been and/or will be deprived of her spouse's aid, comfort, society, companionship and affection. 16. As a direct and proximate result of the injuries to her spouse, which was caused by the negligence of the Defendant, Plaintiff Stacey Rogers has suffered and/or continues to suffer from her spouse's loss of earnings and/or earning capacity and/or may in the future suffer from his loss of earnings and/or earning capacity. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit. ROMINGER & ASSOCIATES Date: Karl E. Rominger, Esquire / 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DAVID J. ROGERS, and : IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. : NO: 07-1815 SCOTT D. FORD, Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: k l David J. Rogers, intiff DAVID J. ROGERS, and : IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. : NO: 07-1815 SCOTT D. FORD, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Scott D. Ford 901 Hamilton Street Carlisle, Pennsylvania 17013 Dated: May It, 2007 Respectfully submitted, ROMINGER & ASSOCIATES 4 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff s n L 01-% DAVID J. ROGERS, and IN THE COURT OF COMMON PLEAS STACEY L. ROGERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. : NO. 07-1815 SCOTT D. FORD, Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Scott D. Ford, with regard to the above-captioned matter. Respectfully submitted, Date: ? ;z 1 D NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 2- 1 day of May 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 f c Karl R. Hildabrand ?":> c? C7 ?-- ? ?? -,?i --s ?? w.? ?? r-,??; _ T`?3 rr: -.: , _ - ? i ? J? "",°.? _. r? .. ? ` F..? `? ?. --< SHERIFF'S RETURN - REGULAR CASE NO: 2007-01815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROGERS DAVID ET AL VS FORD SCOTT D JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FORD SCOTT D the DEFENDANT , at 1648:00 HOURS, on the 17th day of April 2007 at 904 HAMILTON STREET CARLISLE, PA 17013 SCOTT D FORD by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.60 Postage 39 Surcharge 10.00 R. Thomas Kline .00 37.99 , 04/18/2007 ROMINGER & WHARE Sworn and Subscibed to By: before me this day De y Sheriff of A.D. DAVID J. ROGERS, and IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 07-1815 SCOTT D. FORD, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: David J. Rogers and Stacey L. Rogers c/o Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default of judgment may be entered against you. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP GL?C? Kar R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: - Attorney for Defendant DAVID J. ROGERS, and STACEY L. ROGERS, Plaintiffs V. SCOTT D. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-1815 JURY TRIAL DEMANDED DEFENDANT'S ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted, except that Defendant's address is 904 Hamilton Street. 4. Admitted. 5. Admitted. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 6 and the averments are therefore denied. 7. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 7 and the averments are therefore denied. 8. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 8 and the averments are therefore denied. 9. Paragraph 9 states a conclusion of law to which no answer is required and the averments are therefore denied. 10. Denied. The averments of paragraph 10 are specifically denied and proof thereof is demanded at trial. 11. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 12. Admitted in part and denied in part. It is admitted that the Defendant was negligent in failing to observe the Plaintiffs' vehicle in time to avoid the accident. The remaining averments of paragraph 12 are specifically denied and proof thereof is demanded at trial. 13. The averments of paragraphs l through 12 hereof are incorporated herein by reference. 14. Denied. The averments of paragraph 14 are specifically denied and proof thereof is demanded at trial. 15. Denied. The averments of paragraph 15 are specifically denied and proof thereof is demanded at trial. 16. Denied. The averments of paragraph 16 are specifically denied and proof thereof is demanded at trial. NEW MATTER 17. Plaintiffs' claims are barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiffs have failed to mitigate their damages. 19. Some or all of the injuries alleged by Plaintiff David J. Rogers pre-existed the accident in question or resulted from accidents, injuries or medical conditions subsequent to the date of the accident alleged. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP c, c ? arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 / (717) 533-5406 Date: V h - 0-7 Attorney for Defendant VERIFICATION I, Scott D. Ford, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4404 relating to unsworn falsification to authorities. Date: S OA CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of June 2007, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Karl E. Rominger, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Karl R. Hildabrand C7 cm, ca l a F C._1 ! .` ..,rj - ' rl _?f W ? r.i DAVID J. ROGERS, and STACEY L. ROGERS Plaintiffs vs. SCOTT D. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07-1815 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 17. This allegation is a conclusion of law and requires no answer. By way of further answer it is denied. 18. This allegation is a conclusion of law and requires no answer. By way of further answer it is denied. 19. This allegation is a conclusion of law and requires no answer. By way of further answer it is denied, and strict proof of the same is demanded. By way of further, if one is deemed required, If old injuries do exist, they were aggravated and re- injured by defendant's negligence. Respectfully submitted, ROMIAtGER & ASSOCIATES Date: June 26, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs i f DAVID J. ROGERS, and : IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. : NO: 07-1815 SCOTT D. FORD, Defendant : JURY TRIAL DEMANDED ATTORNEY VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for David J. Rogers and Stacey L. Rogers, Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: June 26, 2007 Karl E. Rominger, Esquire Attorney for Plaintiffs DAVID J. ROGERS, and : IN THE COURT OF COMMON PLEAS OF STACEY L. ROGERS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. : NO: 07-1815 SCOTT D. FORD, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Answers to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karl R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 Respectfully submitted, ROMINGER & ASSOCIATES Dated: June 26, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81324 Attorney for Plaintiffs C?j Cy ziz K ` o DAVID J. ROGERS, and STACEY L. ROGERS Plaintiffs V. SCOTT D. FORD, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07-1815 : JURY TRIAL DEMANDED PRAECIPE TO DISCONTENUE Please mark the above captioned matter as settled and discontinued with prejudice. Respectfully Submitted, Rominger & Associates Date: August 15, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs s (JA r r ?? `7J