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Home My WebLink About99-00121 ," I Cl g oJ C v J5 .n "7 ~l ~i '_ I - o \ ! i / , / ~. ~ ~ J ~ - I s: . , 0 ~ I L : I . I . L ANGINO & ROVNER, P.C. 4503C''iUH I H~RONT STREET HARRISBURG, PA 17110 (717) 238-6791 TIMOTHY OLINGER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.'19 ~gw /)./ JURY TRIAL DEMANDED v. STEPHANIE BRENEMAN Defendant /30'0 Dro.ytol"\ t?oJ I c.ne~peo...l<, vA 23.{,~ECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons upon the Defendant in the above-captioned action. ANGINO & ROVNER, P.C. ~. E"quire LD. No. 36513 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 1/7/99 -- ">- i:!:; 8'''~ h~(';~ L-. -1: cr ~~)~.' Dr: LW"-'.. ~ ii: 1;. b"; !I- o ('oj c<: ~ ::<. i3,;:~ U~ 'l@ i..lJUJ :":!C"_ =-> (,) a: = I ...;. ..,",.. -0) """ en ~ o 'Vi '\.. 'J . IQ - \.:..--) ~ ~~ ~ . N)~ :H: :::s o 6: G . .s::: -:::..J =r ;6-=tf R~ ""'- ;:---- .-... --.: Commonwealth of Pennsylvania County of Cumberland TIMOTHY OLINGER Court of Conunoll Pleas no No. ____~_~::!~_!________________________ 19____ STEPHANIE BRENEMAN 1303 DRAYTON ROAD CHESAPEAK, VA 23324 In ____c:]._y.]._~ __~~ _1:!Q tl__~!\_li__________________ 1:0 _____s_r~_e~~~JlE__BJlE1itl~~____________ Yeu are hereby notified tha t .___~I110~)(_ClL~~EL______________________________~________-----------------_______________ the Plaintiff ha commenced an action in ______crYJlL_.h~Tl.QN._LAK__________________________ against you whi~ you ,.."are required to defend or a default judgment may be entered against you. , -...."....' j~"" :;:- (SEAL) .---;\ :.;. ::,~ ::--: . :::::: ,- == ....."~' ~S~ '-" . " ~.~':\"') ~ ,..-":\ "'~~ . .. . ~ l,:'\~"'''' "".,"0"" 01-08-99 ])ate ______________________________ , 19____ .__i:UJlTJlS__E~__lLQ~<i_________________________ ProthO~7 0 J By ~--4;~------------- -. ~.. '~'. ~~ :~t:;j.;:~ " ;:..;;,.. .-~ ":<'-,-::' ~ - .:;: .: ~ -' --' ,~ ~ - .~ "- " " 'J ~== -- ~ ',J ~ /, ~,..... , I , , . ., , , 0' . , , Ull , , I , , ~. I , Z , ~ , , , , , ... , .:c , .:c -, - , '" :;: , ..:l :>::1 . , ~ ~ , == H' . , . I , t.'J Z , .~ z Ullt' ..:ll , z ~ , J 0 0, e , '" , HI I H , H, ~1.9 ;:-J . ..:l ro I E-<' I , U' '- . 0 ; , "< u: , ~ , .:cl ~l , >< H . I , I , , ..... , ::c z , ..:l ..:l' N' , E-< 0 , H ~l . , , ...., . 0 ::c , :> .:c, " , :;: p., , H ::ci 0\1 . ~ . , H , U U, 0\' , E-< E-< , H' . , Ul . :;:1 . , . I , , , I , , , I , I I I , ~ , , . .. TIMOTHY OLINGER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 99-121 STEPHANIE BRENEMAN Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 12th day of January, 1999 a true and correct copy of the WRIT OF SUMMONS Civil Action No. 99- 121 was mailed to Stephanie Breneman by certified mail, return receipt requested at 1303 Drayton Road, Chesapeak, VA 23324. A copy of the certified mail receipt Z 104 197 237 is attached hereto. " '{/l1u UL'1rL. '1tv.'-Jfj,llJaA, 'chelle. M. Milojevi ACCEPTANCE OF SERVICE This is to certify that on the 14th day of January, 1999 a true and correct copy of the above-noted WRIT OF SUMMONS was served upon the Defendant via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No: Z 104 197 237 is attached hereto. 1/lfllt1iA 1h. Th}r)tJ~ . Mic e le M. Milojevlch - Sworn to and subscribed before me this ~~ , 1999) NOT AllIAl SlAL 330~.l'\t.l~WERY. Not.". Pt.:~lic Ha",,~, Douph;. Co",,!)', PI. My Commission Ey.uif't'!t M"'t';l 1'1. r-"'" .""._...~......~.......- ..,/..... ~ ...\"-\ " ;0 +' ,; Postage Certified Fee Spedal Delivery Fee It) Restrided Delivery Fee m Retum Receipt Showing to lMmm & Dale Delivered '8. Retum Receipt Showing to Whom oc:( Date. & Addressee's Address . o g TOTAL Postage & Fees $ g Postmar1t or oa~e (1, wMi-. ), 1'2 ,17 (/) 0.. ..... " i SENDER: . Complete Items 1 IIf'IdIor 2 ." IIddIlkINlI aervk:M. I .Comp6Me Items 3,"", Wld 4b. I . Print your name and addre88 on the ,..,..,.. 01 thIt Ioml 80 that we can return ttW _to,..., I . Attach this tonn to the front 01 the meiIpIece. or on the back If space does not I . .r:::::.~;;ReceIpj~onthema~beIow1he-a~number. D . The ReIum Receipt will show to whom the artlcle was deUvered and the date 1-' i 3, Article Addressed \0: , I (fltJ. .!-#pilOrUJI fYlf.J1RrnaJJ r.3 D3 DI\.Q){fOI1 p..CNL. V~~ J vA {)33~~ ...JSl(Cert1fied o Insured o COD I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address -- 2, 0 . Restricled Delivery Consult postmaster for fee. 4a. Article Number zlOY Q,:;}3 4b, Service Type o Registered o P<P<ess Mall Return Recelpt 1otMen:handJse 7. Date of Delivery 5, Received By: (Print Name) 8, Slgnatu",: (-"'/'&f16nt) ~ X / ~ h/,'i',:///-;>''-, /".7(.:;;/-;:7C'-\ l. II I L:./w ~_~' -'/~ /. . ,/~""- .. PS Form 3811,December 1994 I "" I ""''''''.02291 Domestic Retum Receipt illliiii I Ii i II I: III 'I 1-1 15.' )\ j: it J, Ii !' l I I ^_..... h: 0' b ~ :z ~r; N g~~ ,(j :T: !:EFL a.. ,-'::3 ~- 2 t.n ~::[;; u- N '1-/ Ett.,l~ ~, 'C"/' wti] ~ ~ :;40- tL C' :::> 0 0' u .... . Stephen E. Geduldlg. Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237.7100 E-Mail: seQlaltthlaw.com Attorneys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: Please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP 2, 6{tt By: STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 3530 Attorneys for Defendant, STEPHANIE BRENEMAN RULE NOW, /l4Att- 4- , 1999, RULE IS ISSUED AS ABOVE. .c. /' ," ,: ,''- ;. ~ r-- ~.. . r-, 'f ~ "'-- .. -- ,- >", "..,.....---..:... ~ >- ~ 0;; c ;::= ~~ u.rR ..:! ;':')2 C)(':-:. (:>~;, IT: " '1-2: c... o~ '1) - (") C:l ro.: ..:T :'5"1 LWC:_ I -- /- --JLL1 = (1-:2'" IT: , , '"'----(. LtJuJ ~ :x:: 0)0.... -- '.L- en :::> 0 o~ 0 ",...~-"........_---- -, '-' ~ '- .-," -) Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsytvania 17108 (717) 237.7100 E-Mail: sea@tthlaw.com Attorneys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please file of record the attached Certificate of Service which served the Rule to File a Complaint upon Plaintiff with regard to the above-captioned matter. Respectfully submitted, J l1ki THOMAS, THOMAS & HAFER, LLP By: :52952,1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, STEPHANIE BRENEMAN .oJ Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seq@tthlaw.com Attorneys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant PRAECIPE AND RULE TO FILE A COMPLAINT TO THE PROTHONOTARY OF SAID COURT: please issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP /'7 f :52403,1 By: STE EN E. GEDULDIG, ESQUIRE Attorney 1.0. No. 3530 Attorneys for Defendant, STEPHANIE BRENEMAN RULE NOW, !JLl.-1.d:,- !;- , 1999, RULE IS ISSUED AS ABOVE. _.to ,. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE SERVING THE EXECUTED RULE TO FILE A COMPLAINT EXECUTED BY THE CUMBERLAND COUNTY PROTHONOTARY ON MARCH 4, 1999 was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the Jl)~ of March, 1999, on all counsel of records as follows: Michael E. Kosik, Esquire ANGINO , ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for Plaintiff THOMAS, THOMAS , HAFER, LLP ,., r... CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ of March, 1999, on all counsel of record as follows: Michael E. Kosik, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for P1aintiff THOMAS, THOMAS & HAFER, LLP >- 0' :>- ~ I_ I- ~ ;;;-e u,Q (.) "':. (~) :....;: -.. C)~:, --0 .-'- LL_,.... ~ "" l.L...o- O=:j ~b "I :-::">- 0..: ~-..:~~ ' G. '" ....'..c_ LEll1 0;: I.e.;... l:..:{iJ ~L oc:: I ..~J w.. r- :lC ..' u, <:n ::> 0 en U _. ANGINa & ROVNER, P.C. 4503 NORTH FRON7 STREET HARRISBURG, PA 17110 (717) 238-6791 TIMOTHY OLINGER, plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant 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 TIMOTHY OLINGER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant 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 (3D) 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 objectiones 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 previo 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 INMEDIATAMENTA. SI NO TIENE ABODAGO 0 81 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 TIMOTHY OLINGER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Timothy Olinger is an adult individual who currently resides at 5775 Main Street NE, Findley, Anoka County, Minnesota. 2. Defendant Stephanie Breneman is an adult individual who currently resides at 1303 Drayton Road, Chesapeak, VA 23324. 3. The facts and occurrences hereinafter related took place at approximately 4:10 p.m. on Sunday, January 26, 1997, on State Route 11 (Carlisle Pike) near its intersection with Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania. 4. Prior to this accident, plaintiff Timothy Olinger, Jeremy Bull, as well as others were social guests of Defendant Stephanie Breneman at the Carlisle Country Club, Carlisle, Cumberland County, Pennsylvania. 5. At the time and place of the accident, Jeremy Bull was operating the 1990 Honda Civic automobile owned/leased or entrusted to Defendant Stephanie Breneman. 14620e{LC1 6. At the time and place of the accident, Defendant Stephanie Breneman was a the right front seat passenger in the car. 7. At the time and place of the accident, Plaintiff Timothy Olinger was a right rear seat passenger of the car operated by Jeremy Bull. 8. At the time and place of the accident, Jeremy Bull crossed over the center lane of the highway and struck a pole and parked truck off the highway. For additional facts concerning the accident, see more particularly the Complaint filed in OlinGer v. Bull, No. 98-5228, Civil, filed in Cumberland County, Pennsylvania, a true and correct copy of the Complaint being attached hereto as Exhibit A. 9. Jeremy Bull, as the Defendant in the case of OlinGer v. Bull, supra., alleges that while at the Carlisle Country Club he became intoxicated and was visibly intoxicated while served at the Carlisle Country Club. See, Defendant Bull's Answer and New Matter in OlinGer v. Bull attached hereto as Exhibit B. 10. If the allegations of Jeremy Bull's New Matter are true, then the Plaintiff Tim Olinger alleges, in the alternative, that the aforesaid accident on January 26, 1997, in which the Plaintiff was severely injured, was at least partially caused by Defendant 2 Stephanie Breneman in allowing Jeremy Bull to operate the. 1990 Honda Civic when she and her guests left the Carlisle Country Club. 11. Defendant Stephanie Breneman, as the owner, or person in the position of owner of car, had the power to control the operator of the car, as well as the selection of who could operate the car. 12. Jeremy Bull at all times relevant was acting as an agent or servant of Defendant Stephanie Breneman and was operating the car with Defendant Breneman's express permission and control. 13. The foregoing accident and the injuries and damages set forth hereinafter sustained by Plaintiff Timothy Olinger are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Stephanie Breneman allowed Jeremy Bull to operate her motor vehicle as follows: (a) Giving care, custody, and control of her 1990 Honda Civic to Jeremy Bull when Defendant knew or should have known he was intoxicated and, therefore, unfit to operate a motor vehicle; (b) giving care, custody, and control of her 1990 Honda civic to Jeremy Bull when Defendant knew or should have known he was visibly intoxicated and, therefore, unfit to operate a motor vehicle; (c) allowing Jeremy Bull to drive her 1990 Honda Civic while he was intoxicated and, therefore, unfit to drive; and (d) entrusting her car to Jeremy Bull even through she knew or should have known that Jeremy Bull was careless and reckless in the operation of a motor vehicle. 3 CLAIM I TIMOTHY OLINGER V. STEPHANIE BRENEMAN 14. Paragraphs 1 through 13 of the Complaint are incorporated herein by reference. 15. As a result of the aforesaid accident, Plaintiff Timothy Olinger sustained painful injuries which include, but are not limited to, abrasions to both lower extremities, a puncture wound in his right buttocks, severe abdominal pain, severe back pain, a pubic ramus fracture, two splenic intraparenchymal lacerations resulting in a splenectomy, low grade fevers, and life threatening complications. 16. By reason of the aforesaid injuries sustained by Plaintiff Timothy Olinger, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is. made therefor. 17. Because of the nature of his injuries, Plaintiff Timothy Olinger has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Timothy Olinger has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his 4 daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 19. Plaintiff Timothy Olinger continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the reminder of his lifetime, and claim is made therefor. 20. As a result of the aforesaid injuries, Plaintiff Timothy Olinger has been, and in the future will be, subject to great humiliation and embarrassment, and claim is made therefor. 2l. As a result of the aforementioned injuries, Plaintiff Timothy Olinger has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 22. As a result of the aforesaid injuries, Plaintiff Timothy Olinger has sustained uncompensated work loss, and claim is made therefor. 23. As a result of the aforesaid accident, Plaintiff Timothy Olinger has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 5 , COUNT II - PUNITIVE DAMAGES TIMOTHY OLINGER V. STEPHANIE BRENEMAN 24. Defendant Stephanie Breneman was seated with Jeremy Bull most of the time that they were at the Carlisle Country Club and was responsible for signing for the food and beverage receipt for the club. 25. Defendant Stephanie Breneman was responsible for the care, custody and control of the 1990 Honda which she permitted Jeremy Bull to drive. 26. Defendant Stephanie Breneman was aware that Jeremy Bull was drinking alcoholic beverages and therefore had a duty to determine whether Jeremy Bull was fit to operate a car before entrusting the keys to her vehicle to him. 27. Defendant Stephanie Breneman selected Jeremy Bull to operate her car in spite of the fact that she knew he had been drinking and knew or should have known that he could not safety operate the motor vehicle. 28. Defendant Stephanie Breneman knew or should have known that by continuing to allow Jeremy Bull to operate a motor vehicle while intoxicated after he had demonstrated through his actions and abilities that he was physically and mentally unfit to drive, she created a high degree of risk of injury to other persons on the highway and the occupants of her vehicle. 6 29. Said conduct by Defendant Stephanie Breneman constitutes wanton and willful negligence, is outrageous, and entitles Plaintiff Timothy olinger to an award of punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Twenty-Five Thousand ($25,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, including punitive damages. ANGI~ P.C. G:",~ i'..' /" / Michael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238 6791 Counsel for Plaintiff 7 VERIFICATION I, TIMOTHY OLINGER, do hereby swear and affirm that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Prbcedure relating to unsworn falsification to authorities. /-)~ WITN!iigS,~ /:/ '/ l/~ (' Dated: A-;>~d t. 17~lf { , --<~ TIMOT;Y OL NGER 1752/PJM . CERTIFICATE OF SERVICE AND NOW, this 6th day of April, 1999 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the COMPLAINT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Stephen Geduldig, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 - , --n'l/llillif 1Y?' /1}/,ufJiJJan Michelle M. Mil jevich fr. ~ ?;; ~ N ~d ~~ (:J:o~ x: C)"'~;> i::'1:G 0- ~> '.L~ L~~ ~C) r- ~~-G:: (I. I ~-)...::- t.W 01. C--? . --' = LJJ[n -- t.~.J ,...~ 0._ G..lo... ..z: :;:;: lL en .=.> 0 c...... U . Stephen E, Geduldlg. Esquire Attorney I.D. No, 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box ggg Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: seQ@tthlaw.com Attorneys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant NOTICE TO PLEAD TO: Plaintiff and his counsel YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: :58961, S HEN E. GEDULDIG, ESQUI Attorney I.D. No. 43530 Attorneys for Defendant, STEPHANIE BRENEMAN Stephen E, Geduldig, Esquire Attorney I,D, No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post OIIlce Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: sea@tthlaw.com Attorneys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant ANSWER AND NEW MATTER OF DEFENDANT, STEPHANIE BRENEMAN, TO PLAINTIFF'S COMPLAINT 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. Admitted. 3. Admitted that an accident occurred on January 26, 1997 on State Route 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 3 of Plaintiff's Complaint purports to aver additional facts same are denied pursuant to Pa. R.C.P. 1029(e). 4. To the extent that Paragraph 4 of the Plaintiff's Complaint purports to aver a legal conclusion, no response is required. By way of further response, it is admitted that Plaintiff Timothy Olinger, Jeremy Bull and others accompanied Stephanie Breneman at the Carlisle Country Club, Carlisle, Cumberland County, Pennsylvania, prior to the accident. 5. Admitted in part and denied in part. It is admitted that at the time and place of the accident, Jeremy Bull was operating the 1990 Honda Civic automobile which was involved in the accident, and which he was driving with Stephanie Breneman's permission. To the extent that Paragraph 5 of Plaintiff's Complaint purports to aver legal conclusions,'no response is required. 6. Admitted. 7. Denied pursuant to Pa. R.C.P. 1029(e). 8. To the extent that Paragraph 8 of Plaintiff's Complaint alleges facts which are in a lawsuit other than this one, to which Defendant had no right to plead, no response is required. If a response is required to the remaining averments of Paragraph 8, it is admitted that at the time and place aforesaid, Jeremy Bull, while operating the vehicle with the permission of Stephanie Breneman, was in an accident. To the extent that Paragraph 8 of Plaintiff's Complaint purports to aver additional facts same are denied pursuant to Pa. R.C.P. 1029 (e) . 9. No response is required as this is a legal conclusion and a summary of a pleading or statement by other than Answering Defendant. By way of further response, neither Exhibit A or Exhibit B, as referenced in Paragraphs 8 and 9, is attached to Defendant's copy of the Complaint. Therefore, no response is required. 10. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 11. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 12. Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). By way of further answer, it is admitted that Bull was operating the car with the permission of Defendant 13 (a)-(d). Denied as legal conclusions 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. CLAIM I TIMOTHY OLINGER v. STEPHANIE BRENEMAN 14. No response is required as this is a paragraph of incorporation. 15. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e) . 16. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 17. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 18. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 19. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 20. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 21. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 22. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 23. Denied as a legal 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. COUNT:I:I - PUN:IT:IVE DAMAGES T:IMOTHY OL:INGER v. STEPHAN:IE BRENEMAN 24. Denied pursuant to Pa. R.C.P. 1029(e). 25. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 26. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 27. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029(e). 28. Denied as a legal conclusion and pursuant to Pa. R.C.P. 1029 (e) . 29. Denied as a legal 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 30. Plaintiff's Complaint fails to allege a claim for punitive damages. 31. Plaintiff's Complaint fails to allege a cause of action against Stephanie Breneman. 32. If the Plaintiff's allegations, denied as aforesaid, are proven to be true, then Plaintiff Timothy Olinger is comparatively negligent for knowingly, voluntarily, and consciously choosing to get into the vehicle operated by Jeremy Bull, which he knew or should have known Bull was allegedly incapable of safely operating. 33. At the time of the accident, Timothy Olinger was under the influence of alcohol. 34. Alternatively, at the time of the accident, Timothy Olinger was not under the influence of alcohol, and was conscious, lucid, competent and able to make reasoned decisions pertaining to his own health, safety and well being. 35. Plaintiff's damages, denied as aforesaid, were caused by third persons over whom Defendant had no control or right of control. 36. 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, THOMAS & HAFER, LLP ? S PHEN E. GEDULDIG, ESQU Attorney I.D. No. 43530 By: :56597.1 Attorneys for Defendant, Stephanie Breneman VERIFICATION Subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities, I hereby certify that I have acquired knowledge of the alleged facts and circumstances giving rise to this claim and am authorized to execute this verification on behalf of Defendant, Stephanie Breneman; and further, that I have provided the answers set forth in the foregoing document based upon that knowledge and the answers set forth herein are true and correct to the best of my knowledge, information and belief. I Stephen E. Geduldig, Esquire CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of May, 1999, on all counsel of record as follows: Michael E. Kosik, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for P~aintiff THOMAS, THOMAS & HAFER, LLP ~:~ ~'" ~ \.0 ~ c '5 ~ ~~ U~..- (y"" L A- ;C <'.)4 r-pL) .~.. :-,c 0- 0:;" 'bO .,~ oJ::> ~,~(n (~: I _'"'J .?- ~..- tb~ ...,.,d_,_, , ,..... u-:~.: ...:..": ~4(l- .- :.: '5 c' -') 0' 0 / ,. Stephen E, Geduldlg, Esquire Attorney 1.0. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Olllce Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 E-Mail: sea@tthlaw.com Attomeys for Defendant: STEPHANIE BRENEMAN TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 99-121 vo "" -:. PRAECIPE TO SUBSTITUTE VERZFICATION o c: :-.:: ~~\~\ ":? \.~~ i..-;}.... 2C) ~?: ~?l :,;....S; :i <.-:> .' ,~ STEPHANIE BRENEMAN, Defendant TO THE PROTHONOTARY: Please substitute the attached Verification of Defendant, Stephanie Breneman, for the Verification of the undersigned counsel for Defendant, Stephanie Breneman, which was attached to the Answer and New Matter, filed on or about May 5, 1999. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP "lJwr1 By: S PHEN E. GEDULDIG, QUIRE Attorney I.D. No. 43530 Attorneys for Defendant, STEPHANIE BRENEMAN I , ... VERIFICATION I, Stephanie Breneman, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ~4ULj~ St phanie Breneman ; . ., .. CERTZFZCATE OF SERVZCE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Pennsylvania, Mail, postage prepaid, at Harrisburg, on the c90j~ay of May, 1999, on all counsel of record as follows: Michael E. Kosik, Esquire ANGZNO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110 Attorneys for P~aintiff THOMAS, THOMAS & HAFER, LLP iF ,--. flJD q}(j" C:;j.(---~ ,---.~ ) C{j :.- ~.J '-- :.i:~; . j': /. e; .. * -. - E; .:; C)~ (.,);;.... i~):::~" ;.-.~ -""-;0) I~?~. /-;UIj.] ::.:c...a...: _J (,) <':: ~ - ".... Q.. C\,,; "- -.'"1:' .....;- - c-, G) ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG. PA 17110 (717) 238-6791 TIMOTHY OLINGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 99-121 STEPHANIE BRENEMAN, Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Timothy Olinger, by and through his attorneys, Angino & Rovner, P.C., and hereby responds to Defendant Stephanie Breneman's New Matter as follows: 30. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to allege a claim for punitive damages. .To the contrary, it is averred that Plaintiff's Complaint sufficiently alleges facts evidencing a reckless disregard and outrageous conduct sufficient to support a claim for punitive damages. 31. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to allege a cause of action against Stephanie Breneman. To the contrary, it is averred that Plaintiff's Complaint sufficiently alleges a cause of action for negligent entrustment, as well as direct negligence in the operation of her , motor vehicle while she was a passenger. 32. This averment is a mixed conclusion of fact and law to 150024/MMM .' which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Timothy Olinger was in any way comparatively negligent upon the cause of action stated in Plaintiff's Complaint. By way of further response, Defendant does not set forth any facts or averments that would support the fact that Plaintiff Timothy Olinger was aware or should have been aware that Jeremy Bull was intoxicated and therefore incapable of safely operating Defendant Stephanie Breneman's vehicle. To the contrary, Plaintiff Timothy Olinger was not in the same position and did not have the same legal duty as Defendant Brenneman and was not aware that Defendant Jeremy Bull was intoxicated and incapable of driving Defendant Breneman's motor vehicle. 33. This averment is an unsupported factual statement which is denied. It is specifically denied that Plaintiff Timothy Olinger was under the influence of alcohol at the time of the accident. To the contrary, it is averred that at the time he was tested at the hospital following the accident, it was determined that he was not under the influence of alcohol or any other substance. 34. It is admitted that Plaintiff Timothy Olinger was not under the influence of alcohol or any other substances. It is further admitted that Plaintiff Timothy Olinger at the time was conscious, lucid and competent to make reasoned decisions concerning his own health and safety and well-being~ It is 2 " specifically denied that Plaintiff Timothy Olinger was aware that Jeremy Bull was under the influence of alcohol to the extent that he was impaired and incapable of driving. 35. Denied. Plaintiff Timothy Olinger denies that his damages were caused by alleged third persons who have not been identified and over which the Defendant had no control or right of control. To the contrary, it is averred that Plaintiff Timothy Olinger has asserted that his damages and injuries are a direct result of the conduct of Jeremy Bull and Stephanie Breneman who had responsibility for the operation of the motor vehicle in which Plaintiff Timothy Olinger was a passenger. 36. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that any of Plaintiff Timothy Olinger's claims are barred or limited by the application of the Pennsylvania Financial Responsibility Motor Vehicle Act. WHEREFORE, Plaintiff Timothy Olinger, respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment -in her favor , P.C. Dated: 'if ( 3D ff; c ael E. Kosik, Esquire 1. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff 3 VERIFICATION I, TIMOTHY OLINGER, verify the facts set forth in the foregoing Response to New Matter are true and correct to the best of my knowledge, information and belief and understand that statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to Unsworn Falsification to Authorities. DATED: .g>-IG -9C) ~:=-C'k~ TIMOTHY OL GER 71S42/PJM . . CERTIFICATE OF SERVICE AND NOW, this 1st day of September, 1999 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT BRENNEMAN'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER P.O. Box 999 Harrisburg, PA 17108 .... ~h!!2 ~7:::~h 4 -- [1; ....~:... ,-- U...IQ ~~t-~ ~:: :!.~ :.~:F~ ~-;". ::-ell" u_ t--- u~ o 1_____ en c:: ?-: -;"" ;::~~ ()~-: (")-j n~' "= :'-,~(.f) ~.):;~ 11:2 L'ILU 1'10: --i; :-'3 Cl 0- ,::'J I n.. '-'-' (,," <0'\ Co.... . ,