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Home My WebLink About99-01950 WILLIE C. WHITE and ANNA L. WHITE, hi! wire. Plaintiff! IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v. NO. 1'q ~ /16 () ~ GERALD L. FINKEV, Defendant CIVIL ACTION . LAW NOTICE TO: GERALD L. FIN KEY. Defendant Big Spring Terrace, Lot #7 Newville, PA 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 retaining an 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(s). 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. COURT ADMINISTRATOR 4TH FLOOR - CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 NOTICIA LE HAN DEMANDADO A US TED EN LA CORTE. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion, Ustcd debc prcscntar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma cscrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si ustcd no se dcfiende, la corte tomara medidas y puede entrar una orden contra listed sin previo aviso 0 notificacion y por cualqllier queja 0 alivio que es pedido cn la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONA A LA OFICINA CUY A DIRECCION CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4TH FLOOR - CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 MILLER and MILLER By:Q.I..~ R. '(Y'\ J.fI1lA./Il.f Thomas R. Miller I J.D. #49801 P.O. Box 709, I I3 Locust St. Harrisburg, P A 17108-0709 (717) 232-0750 Attorneys for Plaintiffs DATE: April 2, 1999 2 6. The force of the collision was such as to bcnd the frame and dislodge the driver's seat of Plaintiffs pickup truck and to cause extensive front-end damage to Defendant's van, requiring that same be towed from the scene. 7. The force of the unexpected impact also caused Plaintiff Willie C. White to be severely jostled and thrown about, resulting in the injuries hereafter described, 8. Plaintiff was in no way contributorily negligent for said accident. 9, Defendant's negligent, careless and reckless conduct, which directly and proximately resulted in the aforesaid collision consisted of: (a) Traveling too fast for the traffic conditions then and there existing; (b) Following too closely in violation of 75 Pa, C.S.A, g331O; (c) Failing to be attentive, and; (d) Failing to have his vehicle under control so as to stop within the assured clear distance of Plaintiffs' vehicle, 10. Defendant Finkey's conduct, as violative of Pennsylvania's Motor Vehicle Code, constitutes negligence per se, COUNT I Plaintiff Willie C. White v. Defendant Gerald L. Finkev 11. Paragraphs 1 through 10, above, are incorporated herein by reference. 12. As a direct and proximate result of the negligent conduct of Defendant Finkey in causing the subject collision as set forth above, Plaintiff Willie C. White sustained permanent disabling and painful injuries to his cervical spine consisting of profound dyskinesia, radiculitis, 2 segmental instability, and peri scapular pain requiring anterior cervical disc fusion at the C7.T1 level and anterior cervical plating with anterior interbody fusion and fibular allograOing, associated radiating extremity pain and diffuse weakness, bilaterally, lumbar strain as well as shock and injuries to the nerves and nervous system, \3, As a further direct result of Defendant's negligence, Plaintiff Willie C. White has suffered work loss, loss of opportunity, disfigurement, humiliation and embarrassment, and because of the chronic and permanent nature of his condition, will continue to suffer such losses for the duration of his life, 14. As a further direct result of Defendant's negligence, Plaintiff Willie C. White has suffered mental anguish, pain and suffering, and loss of enjoyment of life, and due to the chronic and permanent nature of his injuries, will continue to suffer such damages for the duration of his life. 15. As a further direct result of Defendant's negligence, Plaintiff Willie C. White has been forced to incur liabilities for the expenses of his medical treatment, including medications, post-surgical care and related expenses, in an effort to treat his injuries, and in view of the serious nature of said injuries, is likely to incur similar expenses in the future. WHEREFORE, Plaintiff Willie C, White demands judgment against Defendant Gerald L. Finkey in an amount in excess of the limit requiring compulsory arbitration. 3 ;J N ~\6 \~ ~ a\ ~ ~ C"J 0 ::> - O~ li:t -:i r{") -, ) :c U<t; :.,.. -,,1' 0- G)~ P I'(-., - ...,.......,...... 9 'If; . 1Pc ~ ~ UJi-l: t ~ 'Q' Ett~~ p.,; ill~ (,I ~ ~ 0- "'" '5 ,-.{ \J_ et' ~ r- 0 '" (..) ~d ~ ;::: /; SHERIFF'S RETURN - REGULAR CASE NO: 1999-01950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITE WILLIE C ET AI, VS. FINKEY GERALD I, CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon FINKEY GERALD L the defendant, at 19:44 HOURS, on the 7th day of April 1999 at BIG SPRING TERRACE LT 7 NEWVILLE, PA 17241 ,CUMBERLAND County, Pennsylvania, by handing to TAMMY FINKEY (WIFE) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: ~~.A'~ 4~ 1(, li1orr:;;s l\.;1ne, ;ih';;iff 18.00 7.44 .00 8.00 $.;.;."" MII,LER & MILLER ""'I'''' ~ by F/~~ . . ue~ln Sworn and sUbscribedJp ~efore me this G~ day of ~t{ .:j.: I 19 A.D. I.A W m....ICES OF DEVI.IN. KAUFFMAN & SIIILI.ING ATTORNEY: C. William Shilling SUPREME COURT 1.0. NO. 46995 100 PINE STREET/SUITE 300 IIARRISBURG. PA 17101 (717) 720-0700 ATTORNEY FOR: Defendant Gerald L. Flnkey WILLIE C, WHITE and ANNA L. WHITE, his wife, Plainti ITs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY v. : NO, 9'9-- /9S0 {!,Ul{ ( 1f:1U>L GERALD L. FINKEY, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER The Defendant, Gerald L. Finkey, by and through his attorneys, Devlin, Kauffman & Shilling, hereby enters the following Answer with New Matter to Plaintiffs' Complaint and avers as follows: I. Answering Defendant is without sufficient knowledge or infonnation upon which to form a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 2. Admitted. 3. The averments of paragraph 3 constitute a conclusion oflaw to which no answer is required under the applicable Rules of Civil Procedure. 4. It is admitted that the Plaintiff was the operator of a Ford pick up truck and was traveling in a westerly direction, as to the remaining averments of paragraph 4 of the Complaint after reasonable investigation, Answering Defendant is without sufficient knowledge or infomlation to foml a belief as 10 Ihe truth or accuracy of said averments and, accordingly, said avennents arc denied. Strict proofthcreofis dcmanded at lime of trial. 5, It is admittcd only thai the Dercndllnt was traveling in a westerly direction operating a 1995 Chevrolel van, As to the remaining avemlents of paragraph 5 of the Complaint, said avemlents constitute a conclusion of law to which no answer is required under the applicable Rules of Civil Procedure. Ifsuch an answer is deemed necessary, said averments arc specifically denied. 6, Answering Defendant is without sufficient knowledge or information upon which to fonn a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 7. Answering Defendant is without sufficient knowledge or information upon which to fonn a belief as to the truth of the allegations orthis paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. 8. The averments of paragraph 8 of the Complaint constitute a conclusion of law to which no answer is required under the applicable Rules of Civil Procedure. !fsueh an answer is deemed necessary, said averments are specifically denied. 9(a)-(d), The averments of paragraph 9 of the Complaint constitute a conclusion of law to which no answer is required under the applicable Rules of Civil Procedure. !fsuch an answer is deemed necessary, said averments are specifically denied. 10. The averments of paragraph 10 of the Complaint constitute a conclusion ofIaw to which no answer is required under the applicable Rules of Civil Procedure. Ifsuch an answer is deemed necessary, said averments are specifically denied. 2 COUNT I PI.AINTIFJ.' WII.I.IE C. WHITE V. GERALD I.. FINKEY 11. Defendant's answers in paragraphs 1.10 above arc incorporated herein by reference as if fully set fonh at length. 12. It is specifically denied that Defendant was in any manner negligent under the circumstances, as to the remaining avemlents of paragraph 12 of the Complaint, after reasonable investigation Answering Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth or accuracy of said avennents and, accordingly. said avennents arc denied, Strict proof thereof is demanded at time of tria!. 13. It is specifically denied that Defendant was in any manner negligent under the circumstances. as to the remaining avennents of paragraph 12 of the Complaint. after reasonable investigation Answering Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth or accuracy of said averments and, accordingly, said avennents are denied, Strict proofthercofis demanded at time of tria!. 14. It is specifically denied that Defendant was in any manner negligent under the circumstances, as to the remaining avennents o I' paragraph 12 of the Complaint, after reasonable investigation Answering Defendant is without sufficient knowledge or infonnation to fonn a belief as to the truth or accuracy of said avennents and, accordingly, said avennents are denied. Strict proof thereof is demanded at time oftria!. 15. It is specifically denied that Defendant was in any manner negligent under the circumstances, as to the remaining avcnnents of paragraph 12 of the Complaint, after reasonable investigation Answering Defendant is without gufficient knowledge or infonnation to fonn a 3 belief as 10 Ihe lruth or accuracy of said avennents and, accordingly, said avennents arc denied, Strict proof thereof is demanded at time of tria!. WHEREFORE, the Defendant, Gerald L. Finkey, demands judgment in his favor and against the PlaintifTWillie C, White with costs. COUNT II ANNA L WHITE ", GERAI.D L FIN KEY 16, Defendant's answers in paragraphs 1-15 above are incorporalcd herein by reference as if fully set forth at length. 17, Answering Defendant is without sufficient knowledge or infonnalion upon which to fonn a belief as to the truth of the allegations of this paragraph of the Complaint and therefore neither admits nor denies the same but demands strict proof thereof. WHEREFORE, the Defendant, Gerald L. Finkey demands judgment in his favor and against the PlaintifT, Anna L. White, with costs. NEW MATTER 18, If it is detennined that Defendant is liable under Plaintiffs' cause of action, then Plaintiffs' recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. 91702, in that Plaintiff may have: a, Failed to keep a proper lookout for other vehicles then and there upon the roadway; b, Failed to properly signal; c. Stopped in a manner which was unsafe and careless; d. Failed to have his vehicle properly equipped with brake lights and operable conditions. 4 19. Forcgoing acts or omissions ofthc PlaintilT, assct forth in paragraph 18, wcrc carclcss amI ncgligcnt and proximatcly causcd thc allcgcd injurics and/or damagcs claimcd by the PlaintilT. 20, If lhc PlaintilT suffcrcd any injurics or dUllIallCS ns ullCIICd, Ihey wcrc cuuscd solcly and primarily by thc Plaintifrs own carclcssncss, rccklcssncss urulncgligencc. 21. Ifthc PlaintiffsulTcrcd any injurics asullcgcd,l'luinlilT, hy his COrulllCl, ussulllcd the risk of those injuries and damages duc to thc conduct hercin hcfnrc ulleged. 22, Defendant asscrts all dcfcnses, lilllitutions und cxclusions urulcr Ihc Motor Vehicle Financial Responsibility Law, 75 I'u, C.S.A. ~17111 cl.se'l. ulllluvcrs Ihutl'luintiITllIuy not plead, prove, introducc into evidence or rccovcr uny henents puid or puyuhle under thc Molor Vehicle Financial Responsibility Law, 23. The PlaintilTs fails to state a elailllul:lainstlhe Ilefcndunt. 24, If the Plaintiffs sulTered injuricsund dUlllugcs us dcscrihcd for rcusons set forth in the Complaint, said injuries and damages werc euuscd or contrihutcd to hy conditions over which Answering Defendant had no control and for which hc is not rcsponsihlc. 25, If the Plaintiffs suffcred injuricsund dumugcs us descrihcd und for reasons set forth in the Complaint, said injurics and damages were cuuscd und/or contrihuted to by the negligence, carelessness and recklessness of othcr parties over whom Answcring Defendant had no control and for whom he is not responsible. 26. If the Plaintiffs suffered injuricsund dumugcs us descrihcd for rcusons set forth in the Complaint, said injuries and damagcs wcrc nol proxilllulcly cuuscd hy uncgligentuet or omission on behalf of Answering Defendunt. 5 27. If the PlaintilTsuffered injuries and damages as described for reasons set forth in the Complaint, said injuries and damages may have been caused by the negligent acts or omissions of other individuals or cntities, which constituted the proximate or superseding cause of said injuries and damages. 28, The right to file such additional defenses, affirmative defenses, cross-claims, counter-claims and/or third party claims as may be appropriate upon completion and investigation and discovery in this matter is reserved. 29, Plaintiffs failed to mitigate their damages, 30. Defendant had no legal duty to the Plaintiff and is insulated from liability by operation of the Political Subdivision Torts Claim Act, 42 Pa. C,S.A. S8541 et.seq, 31. It is believed, and therefore averred, that PlaintilTs did not fulfill the requirements of 42 Pa. C.S.A. s5522(a) as it pertains to the Notice Prerequisite to Action against a Governmental Unit. 32. Contributory negligence bars or reduces any recovery sought by the Plaintiffs pursuant to 42 Pa. C.S.A. S7102. 33. Plaintiffs damages are subject to 42 Pa. C.SA S8553. 34. Defendant demands that appropriate hearing be conducted in this case prior to any award of delay damages. 35. Rule 238 of the Pennsylvania Rules of Civil Procedure, on its face, and as applied, is violative of due process and equal protection clauses ofthe fourteenth amendment to the Constitution of the United States, S 1983 ofTitIe 42 of the United States Codes and Article I, SS 1,6, I I and 26 and Article V, SIO(c) of the Pennsylvania Constitution imposes a chilling effect on the exercise by Defendant of his constitutional rights. 6 . . VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing Answer with New Maller are true and correct to the best of hislher knowledge. infonnation and belief and that false statements herein are made subject 10 the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications. DATED: 'fIl,I" ~ L 1~_ Gerald L. Finkey ~ lJ") ~ ..:J Z '-' M :=>< n 0", ~:':: x: C):..; -I ~ .~ p.... U- n5=! cI';~: 6'-' e :;(/) <': M :jz UJ'.l.. mCE --IL, . c::: U:;I: 0- c!l Q.. .- """ "'" - u.. 0'\ ::> 0 en (..) REQUEST FOR ADMISSION 3: At the time of the subject motor vehicle accillent, GCllIllI L. Finkey was acting within the course ullll scope of his employment anlllluties. REOUEST FOR ADMISSION 4: Geralll F. Finkey's lIefense in this uction has bcen assumed by his employer, the Cumberland County Office of Aging. through suid Agency's liability carrier, The SI. Puullnsurance Company. REOUEST FOR ADMISSION 5: Gerald F. Finkey is cooperating with said Agency's insurer in the defense of this action. REOUEST FOR ADMISSION 6: Gerald F. Finkey has no immunity from suit pursuant to 42 Pa. C.S.A, 98541. REOUEST FOR ADMISSION 7: The vehicle Gerald F. Finkey was operating, a 1995 Chevrolet van at the time of the subject motor vehicle accident, on September 5, 1997 was owned by the Cumberland County Office of Aging. REOUEST FOR ADMISSION 8: Gerald L. Finkey's accident of September 5, 1997, arose from his use and operation of the said 1995 Chevrolet van. owned by the Cumberland County Office of Aging. 2 ,... '0. r ~":"~ - , .. , ,.,' r - " , - ( , f ,- . .. ;.~ , " (, c:. , 'J I , ~ I .. L. ; .- VI " ~ ., ~, " () .., w CERTIPICATE PREREQUISITE TO SERVICE OP A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF, COURT OF COHHON PLEAS ANNA \/HITE TERM, -VS- CASE NO: 99-1950 FINLEY As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of VILLIAM SCHILLING, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) Tbe subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/23/2000 VILLIAM SCHILLING, ESQUIRE Attorney for DEFENDANT DEll-182223 27S62-L02 EXPLANATION OF REQillRED RECORDS TO: CUSTODIAN OF RECORDS FOR: C0N11 MORTGAGE 1 corm PARK 338 S. WARMINSTER RD HATBORO, PA 19040 RE: 27562 ANNA B. WHI'ffi Any and all employment records, f11es and memorandums, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee. Dates Requested: up to and including the preseot. Subject: ANNA B. WHITE 173 RIDGE mLL RD., MECIlAJl.1SBURG, PA Social Security /I: 204-3()..9233 5010-246432 27 562-L02 '- UJ >- n' !-:: : l , ....~ ) .) .' .' .. j (.", " ,,:,""; '- u .. ,,- , ..' ';J