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HomeMy WebLinkAbout99-00220 "nOfMYI .... u......... at w. . II' I U......-'-'- U .~. ~""_rnT'~~+"" - ,~-~---.. JASON IWCSLAND, Plaintiff IN THE COTIRT or COMMON PLIAS CUMBERLAND COUN'l'Y, PIlNNA v. CIVIL ACTION - LAW NO. 99, J..lO CGl({i~/7 STJlPRANIE BUNIlMAN, D.tendant JUP.Y TRIAL DEMANDED ~T I ClI: 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 Ab'FORD ONE, GO TO OR 'rELEPHONE THE OFFICE SET FORTH BEWW TO FIND OUT WHERE YOU CAN GET WCAL HELP. Cumberland County Bar Association 2 Liberty Avenue CarUsle, PA 17013 (717) 249-3166 Defendant Stephanie Breneman, Jeremy Bull, and five (5) other individuals, The Plaintiff, Jason Ramsland, did not travel with the Defendant, Stephanie Breneman, or Jeremy Bull to the Club, Jason was a passenger in a second vehicle which arrived after Stephanie Breneman and Jeremy Bull. 4. While at the Carlisle Country Club, Jeremy Bull consumed alcoholic beverages during brunch and afte~wards while playing cards in the Club's gameroom. 5. Jeremy Bull consumed the alcoholic beverages in the presence of the Defendant, who had been sitting at the table with him at lunch and had subsequently played cards with him. The Plaintiff, Jason Ramsland, was at a separate table. 6. Defendant was aware of the amount of alcohol that Jeremy Bull consumed while at the Carlisle Country Club. 7. By the time the Plaintiff, Defendant, and Jeremy Bull left the Carlisle Country Club, Jeremy Bull was visibly intoxicated. . (See attached - Jeremy Bull's complaint against the Carlisle Country Club.) 8. Despite the fact that the Defendant was aware that Jeremy Bull was drinking, she gave him permission to drive her 1990 Honda Civic. 2 9. Despite the fact that Defendant was aware that Jeremy Bull was drinking, she refused to allow anyone else to drive the vehicle. 10. At approximately 4:11 p.m., at Or near the intersection of S.R. 11 and Roadway Drive in Middlesex Township, Cumberland County, Pennsylvania, Jeremy Bull was operating Defendant's vehicle with Defendant's consent. 11, At the aforesaid time and place, the Plaintiff was a passenger in Defendant's vehicle that was being operated by Jeremy Bull. 12. At the aforesaid time and place, Jeremy Bull was travelling in the northbound left lane of Route 11, approaching its intersection with Roadway Drive. 13, At the aforesaid time and place, when the traffic light at the intersection of Route 11 and Roadway Drive turned yellow Jeremy Bull applied his brakes and lost control of the vehicle, 14. The vehicle crossed the median into the southbound lanes of Route 11 and skid into the entrance of ABF Truck Terminal. 15. After entering the premises of ABF Truck Terminal, the vehicle collided with a steel traffic pole, which caused 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, 16, As a result of the accident, the Plaintiff sustained severe and permanent injuries. 3 23. Medical bills have been incurred as a result of. the Plaintiff's injuries which include, to date, the following: Yellow Breeches EMS $ 290.00 1,761.00 395.00 120.00 Carlisle Hospital Carlisle Community Ambulance Kevin J. Kelly, M.D. ~ershey Medical Center TOTAL $60,295,64 62,861.64 24. As the sole and proximate result of the Defendant's negligence, the Plaintiff has suffered a loss of earnings and an impairment of earning capacity. 25, As the sole and proximate result of the Defendant's negligence, the Plaintiff has undergone great pain and suffering in the past and will continue to undergo great pain and suffering into the future, 26. As the sole and proximate result of the Defendant's negligence, the Plaintiff has suffered a permanent diminution of his ability to enjoy life and life's pleasures. 27. As the sole and proximate result of the Defendant's negligence, the Plaintiff has been obliged to expend various sums of money and incur various expenses for the injuries that he suffered and may continue to incur the same in the future, 6 ',. .~! c-r.~ t., . f,:-- (.....J ~r ( ~. 1'''.... c, j' I ~ " '-"1"" . it-, ~ 0" t __h c:")~ dJ: .__~t ,I I --"', c- ,~' ,r ' i.._, .' , F ;a.::: li. e-' J Cl (J) c'J ~ / tN 't"" COUlt'r'l 01' COt004ON Vt.,,~8 C-,,~ COuN'r'l, \,,,~8'lt."r.Nt~ ;J~80N ~8t.Jol'lO' Vlaintiff ct"tlo ~C'rtott - tJ>." NO. 99-220 ct"tt. JUlI.'l 't\l.t.~ DI\~"D 'I. S'l:"v\\f<ltI." "",,\3~' Defendant Donald B. "oyt, ~5qu~re B~~Kt~, ~oS~' BUr.P & Sc~~UM~~~ 11 tast ~ar~et street ~or~' \,1\ 11401 ~ttorneY tor JetemY Bull. stepnen t. Geduldtg,.~Squlre 'l'HOM~S, 'l'~O~~S & \\~t ~R 305 ~ortn Front street ~arrtsburg, \'~ 11101 ~ttorneY tor stepnante Breneman RespecttullY submttted, SCHMID'l' J\~D RO~CJ\I p,C. ~ ~/'" I j ( v BY / L erard C. Kramer, tsqutre /J\ttor.ney tor. Platntl.;~5 J\ttor.neY 1.D, ~o. 44 209 state str.eet ~arr.lsburg, PJ\ 1110l \111) 232-6300 J\ttorneY tor. \'la~ntl.tt ij;' N , ,- c , I'" Cl __:J ~Il;" . ~(; .. I ,- "F (I'! en ,I C'''-' T (:t" 1 , crY F: )'-~ ,. , ~ Cf) , t,:>-, c) -~ 1. "11:' -., D e et. I]t./ e'l./ el]./ .('.(', D eet eet (l C. 6. el]./ Pit Pit Of1J _ D '. ''V '" ~"J '0 ' .., P" '.t '.t .t 'P D eet (lit to t Pit C'Of1Jp 1 './ 0< el]./e Pltl:',s <1l]t t P"1 0 PCi I:'POI:' , '. 9, . ,. ' '^ '. t. "J J.t ',) " ".t '. "'0 "'0 . to 'tJ '9 "t " t, '- ", " ., '" 'J. ,." '. '0 '0. '0'9 el:' , 't " ' ' " <9 < · 'Jt.' 0, 0 " 0, -, 0 "0 (.) (.). etet./ o ., St ' "" '" 't, .0' " <9 tJ , ^ .P. t J 'J J" " "f "0 (.) " ". " ' ..t . . % '" <9 p. "0 '.J ". .. ~o .J · (. , " ' 'J "J v. '. .. ) _, 0 'P;, S" t t. ., t t,,, t;, pv. ' " ' .,..t t;, 0, 't '" -'0 9 ' ". '., ;"t J, Vb ~. '.t .p . D 0<9re;, %.J ''''' ~". ""'.. J"t "'" t, '0. ..J, ..., '" ., t, SVf ", ./0 <9' ,,'" "J ., 0;'. " '" ' (.)" . '. ' ' · t ' , 4 ,. "," ' ",",," " '., >;, , "1t ./tt 9<il e op , J' ' 0,"" " .,. 0, '00 '" 't, t. t;, '0 'v''. , ~ . ~ ~ ., ~ ' "Jo <, 'Jt ',;,'t ", ,." t;, I} th~ .lJetf1J't teet. ./o~e the t I] "11]", Cll]et "1t-el:' e O"1l:' t;, . ' t · Pv "'. , ~ ~ ,~ ~ ' ~ .'t J.t t;, 0" 'v, .., ". ..t '" 't ~ "'. t;, .t '0 '. t. .' .' t, " "'t " f,. '.t'o ' 'f, ' . ~ . " oJ. " _. . ". P" v,, p. '.t . ' ..J " " '. '" 'tt, '. 'P;, '." '" "'J "1./ et t Pit ./< I:' op 01] I]t J. I:'~ <it e . .J.' "<it QIt Pit t 1:'''1 .('.(' V. <il]t I:'p he t./ Iv el:' t 01:' t 1]9 <i,s ef1J 0 t,s ./f1J th "1 '.Y s P"1 to e e P<i,s /J~~ . I?" <It- 0.(' t t-eh ,se" 1v"1 '-, P el:' he ./o~ . <let. "1 e J _ et./ 1- 00./ ./1] .I Q'e,.. s ~ J. Ve I:' elll '.Y Slt~~ 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(a)~(f). Denied as legal conclusions and pursuant to Pa. R.C.P. 1029(e). 23. Den.ied as legal conclusions and pursuant to Pa. R.C.P. 1029 (e) . 24. Den.ied as a legal conclusion and 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 legi'll 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. "M_....,....... \;;D..FlI'ION .. .... -.........-.....--...-,..- ...... 717 Ilia..... JASON RAMSLAND, Plaintiff IN THE COURT or COMMON PLIAS CUMBERLAND COUNTY, PENNA v. CIVIL ACTION ~ LAW STEPHANIE BRENEMAN, Defendant NO. 99-220 JURY TRIAL DEMANDItD PLAINTIfF'S ANSWER TQ NEW MATTER AND NOW, comes the Plaintiff, Jason Ramsland, by and through his attorneys, SCHMIDT, RONCA & KRAMER, P,C., and respectfully responds to the New Matter as follows: 32. Paragraph 32 states a conclusion of law to which no responsive pleading is required. 33, Paragraph 33 states a conclusion of law to which no responsive pleading is required. 34. Denied, The Plaintiff, Jason Ramsland, did knowingly and consciously enter the vehicle owned by Stephanie Breneman. At the time he entered the vehicle, Jason Ramsland was not aware that Jeremy Bull was incapable of safe driving. 35. Plaintiff does not believe that Timothy Olinger was under the influence of alcohol, By way of further answer, Jason Ramsland was not under the influence of alcohol. 36. A response to Paragraph 36 is unknown as to Timothy Olinger. The Plaintiff, Jason Ramsland, does not believe that -----,- - - .-- -"'1' 7it I &U-" iw~l JASON RAMSLAND, Plaintiff IN THI COURT OF COMMON PLEAS CUNBIRLAND COUN'l'Y, PINNA v, CIVIL ACTION - LAW STIPaANIIl BRIlNEMAN, Defendant NO. 99-,220 JURY TRIAL DIMANDID PRAICIPI TO SUBSTITUTI VERIFICATION TO THI PROTHONOTARY: Please substituta the attached Verification of the Plaintiff, Jason Ramsland, for the Verification of the undersigned counsel for Plaintiff, Jason Ramsland, which was attached to the Plaintiff's Answer to New Matter filed on or about May 26, 1999, Respectfully submitted, SCHMIDT, RONCA & KRAMER, P.C, DATED: -::/28/1t; ~ !./-~/'------ By erarc C. Kramer Attorney at Law Attorney 1.0, No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff G: In G .tf!; ..:I .. ~ t.![,) f.., l~2 ',. ;1:; ".. (" , 'I' b.:. '~ ~jf.. f;:)-:'j ("1 '5~ 6 (I. - ':',") , ft. 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