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Home My WebLink About99-02250 '~ ~ , , f, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cl:,..;t 1"'- No. qq. .2.l~O 1_ Civil Action. (X) Law () Equity MINA K. BAXTER 248 STEIGERWALT HOLLOW ROAD NEW CUMBERLAND, PA 17070 JAMES BENNETT 404 WEST ELMWOOD AVENUE MECHANICSBURG. PA 17055 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above. captioned action. 1 Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Brian K. Zellner. Esauire p.O. Box 368 3805 Market Street CampHill. PA 17001 (717\ 975 . 9446 Name/AddresslTelephone No. of Attorney @-.lL ~ Signature of Attorney Supreme Court 10 No. ~ Date: Aoril14. 1999 WRIT OF SUMMONS TO THE ABOVE - NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE. NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 0,.:r.d /r! ~ ) 11"'" proth~ary , g by '1'~ f1 71t.J.g~. - A ~~ . Date: ~ 15/999 ~ ->~ ~0 o '" .,.. ... ,. e. ~~ . ii ~\,j " \. " :J- ~ t J ~ ~ tr. (") ~ ..: Co I-' .. ~~ UJ~ - {.)"..' ;:C 02: ---( . ~ H-.:r "'" (:1:3 (-:Jr:' ~~ ?is 1 (.J If"> OJ,~'; ::);2 w., ::CZ ~I.I~ "'" 0.J UJ - ~I' O- m n.. f:: ~ ~ \.l- cr> :=> 0 0" C.J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-02250 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAXTER MINA K VS. BENNETT JAMES R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BENNETT JAMES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania. to serve the within WRIT OF SUMMONS On May 10th, 1999 , this office was in receipt of the attached return from YORK County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Service Dep. York Co 18.00 9.00 8.00 6.20 31.78 $IL.. ~!j S~L . om 1. ~, rl. DARRELL C. 05/10/1999 DETHLEFS Sworn and subscribed to before me this /3.ft... day of ~~(f 19 11 A.D. . f .~ (f- o ry ~ .~ (" '0. ft; -" r" "'I. ,. .... c...., :'-'.~ c' t.);; lJ.l.... ~2'(:. .... J;.: ~., . ,~. to.. (:!~ '''''rl 'i)c. 'U) c.~. N "IZ u.tjl, :l~Z ctlU :-- tllJ fL: :';: ..1'.1- - :j u. ('" 0 ,,~ 0 ... .... <~ :; ~ .. z ....gg<:> rJ -< ~ .... CJ\ I uC/.)-<a~o;;:: ii:~~lno.;"!'r-- '"-...., '"" 10: .!l"I')_ Orr.l<t:..Jt--t-- ~~~~=~E ~ u ~ ~.. <~ :::; - ~ """'.... <( 4( ... (.) ~ ~ . . ~ ..:l' G- et.: ..:l :;: .... I- i:; :.J ....~. t-: 'J~~~ II J -.- Cl~.- ..td p=', i~: \~.i J.,'" ()(" , ;.;) '.. 1_)% 1-1;;- N t: -, '..j ,.. G:h; ,- : ~ ,I ILJ .( :.'_.~ (.L.. :;:: U. 0' ~j 0 O'l C) ~ ... .... '" ... ,. <" =,.", =7. to-oo= r.Il<~ '11"'I0\1 tltl);;"f'l")~Q_ - < Cl =.i I l't) t::~ will _.... ...., ... ~ .sf"')_ OrI'J<.....Jr--~ =z-- _ ~o~~=r::-!::. ~u ll..t:.. <""" :::.- >< ~- 0( ~ ... (.) ~ . . A VISO Le han demandado a usled en la cone. Si usted quieie defenderse de eslas demandas expueslas en ]as paginas siguientes, usted tiene viente (20) dias de plazo aI partir de fa fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections a las 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 previa aviso 0 notificacion y par cualguier queja 0 a1ivio que es pedido en fa peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMFNTE. SI NO TIENE ABOGADO 0 SI NO TIFNE EL DlNERO SUFlCIFNTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME FOR 1ELEFONO A LA OFICINA CUY A DIRECCION SE ENCUFNTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE COSEGUIR ASISTENCIA LEGAL. CUMBERI,AND COUNTY LA WYI<:a REFERRAL SERVICES One Courthouse Square .'ourth Floor Carlisle, PA 17013 (717) 697 . 0371 ,l ~{1,u ?cl\-- K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 Attorney Identification No. 59262 (717) 975 - 9446 ," " . '\ , ~\ .... '" ;- q; "- ~>: j:-:.. u~O 6\ :.J -r " , . ';. (.. (0; ,- , .. fi":r :( , , ('le.; .. 2"" :n "-',.} l.l,..!f.'_ 'r'.... itJt, :'-> .;!-;j r" ':1.. " -, 15 0, ~'j cr. (J ~ .. NEW MATI'ER 8. Paragraphs 1 through 7 are incorporated herein by reference, and made a part hereof as if set forth in full. 9. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfully submitted, ffiSOFV~ on d R. orer, Esquire Attorney for Defendant Identification No. 39126 Dale: July 9. 1999 99HB.()()()68 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attome I for Defendant James Bennett MINA K. BAXTER, PLAINTIFF IN 1HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV MUA "., .j ',.;1. ,:1. {. ".,-. '1; :;' VS. No. 99-2250 CIVIL TERM ..' " " JAMES BENNETT, DEFENDANT CIVIL AcnON - LAw JURY TRIAL DEMANDED Zi' 'S ,~ " ':i ~~ VERIFICATION ,':.' " . " ~. I, James Bennett , verify that the statements made in the foregoing Answer with New Maller of Defendant. James Bennett. to Plaintiff's Complaint , which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. , I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. H904, relating to unsworn falsifications to authorities. Dated: rtJ...l19? / ,.,.' ~~'-- 'a . 99HB-Q0068 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorne I for Defendant James Bennett MINh K. BAXTER, PLAINTIFF IN 'IRE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLV ANIA VS. No. 99-2250 CIVIL TERM JAMES BENNETT, DEFENDANT CIVIL AcrlON - LAw JURV TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendant. James Bennett. to Plaintiff's Comolaint to be served by regular first class mail upon: Brian K. Zellner, Esquire 3805 Market Street P,O. Box 368 Camp Hill, PA 17011 - // [/ Date: Julv 9. 1999 onald R. Dorer, Esquire Attorney for Defendant /, '~ 'j' .' .. > . '>- ,.... (; h~ ~ f:.= ~ ~- & :'i.,.. IJ.J:~ ()... ~.<(~ :r.:: O:e f-!-... ,::- ()~ ~r:.? ,"") ;j:in '. _.J;;: IJ. '.~ <':em a:1.1.: -' UJ :I..: => roc.. ".. -, -;; ,,- rT. B 0 CT'\ - .... <~ - QC =~ ~=~ :I;<w_O\I wCf.)'" f"")..... =_ :! <=^'" I ~ .....':;1 1Il-_r-- "''''f.lI~w.srr')_ Ocn<t:=I'~ ...=7.~=~.... ::(Owv::I t:;- ~ {..lrl:l S::r--" ~~ ~-~ ~.... (.) '" . ;,. MINA K. BAXTER, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW v. No. 99 - 2250 JAMES BENNEIT, JURY TRIAL DFMANDED Defendant CERTIFICATE OF SERVICE I, BRIAN K. ZELLNER, do hereby certify that on this l~ day of -:r_) 1999, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United Stales mail, first class postage prepaid, addressed to: Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue Suite 503 CampHilI,PA 17011 BY: (i!Q Brian K. Zellner, Esquire 3805 Market Street P.O. Box: 368 Camp Hill, PA 17001 (717) 975 - 9446 Attorney Identification No. 59262 ~ C'> ~ '" ~ N -'$ uJ:.-1- C'Z ~2;::1 .'- C) 0;{ !(t~ \~~: 0.. D~ b". C'J ~~:,~ (j) N .J7- \ LLJ::- Cs.:Z ct !:'~ ~ -' dH.W :::> (.110.. l-' .. :? u_ 0- -:--' 0 "" 0 . ~. ;. , 3. Pursuant to a Rule to File Complaint, the Plaintift'filed a Complaint with this Honorable Court on or about June 15, 1999, with a true and correct copy of said Complaint being attached hereto as Exhibit "B". In pertinent part, said Complaint alleges that Defendant, James Bennett, was operating a motor vehicle at the time of the subject motor vehicle collision, 4. On or about July 13, 1999, the Defendant filed Answer with New Matter of Defendant, James Bennett, to Plaintiffs Complaint, with a true and correct copy of same being attached hereto as Exhibit "C", wherein the Defendant, James Bennett specifically denied ",..that the Plaintiffs vehicle was struck from behind by a vehicle driven by the Defendant, James Bennett". 5. The Defendant, James Bennett testified under oath in an oral deposition conducted by Plaintiffs counsel on September 29, 1999, that he was not operating a motor vehicle in the subject motor vehicle accident described in Plaintiffs Complaint, with a true and correct copy of the transcript of said deposition being attached hereto as Exhibit "D". This testimony was consistent with the police accident investigation report. 6, The Plaintiff, Mina K. Baxter, testified under oath in an oral deposition conducted on September 29, 1999, and pertinent portions of the transcript of her deposition are attached hereto as Exhibit "E" (transcript of deposition of Plaintiff, Mina K. Baxter, pp. 10-15, 26-28), In pertinent part, the Plaintiff testified that she did not have contact with the driver of the vehicle, but she was uncertain as to whether she had had contact with the driver of the vehicle which had struck her in the rear at the accident scene, but acknowledged being later informed by Ms. Penny Greene, a claim representative with Nationwide Insurance Company, that the driver was a teenage driver. 7. The applicable statute of limitations with regard to the subject motor vehicle accident described in Plaintiffs Complaint has expired. 42 Pa.C,S.A. ~5524. WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to issue a Rule upon the Plaintiff, to show cause, if any she may have, as to why the within Motion Elchlblt A @REfU TO OVERLAY SHEeTS ?MMONWr:-tl.m OF PENNSYLVAA POUCE ACCllJENT REPORT REPCRIABLE ca NON'REPORTABLE 0 ;., :, : '; POLICE INFORMATION.. " F-97-1976 Fairview TC1oYI1Ship Police Cept PRECINCT H-10 4.~~:~OL 02 .INVESTIGATOR BAOGE Ptlm.Crai NUMBER F03 6.APPROVEO BI BAGGE NUMBER B':~~JVAL 1516 Ji;~,',0~f';;:~L!l';';';;ACCIDENT~@ci~TtON ,'., 9'~mOENT 04/15/1997 10.OAI OF um Tuesday II'Jl~E OF 1505 IZ.~~M~~~TS 03 13.# KbLJ60 14.# d8~UREO 15':mD~:~p, ION IKl 16.010 VENICLE HAVE TO BE 17.VEHICLE OAMAGE [2] REMOVED FROM THE SCENE? O'NCNE UNIT I 3 UNlr 1 UNIT 2 HICNT Z'MCOERATE [2] 3'SEVERE UNIT 2 3 IlK!NOI!KINO 18.HAZAROOUS 0 I'7Ix 19.PEHNOOT MATERIALS I N ~ PRQPERTY :tiNiTij/;l<. , 36.LEGALLI I N 37.REG. PARKE07 PLATE 8FY2367 19.PA TlrLE OR CUT'OF-STATE VIN 50354997801 40.OIINER Jarres B. Be.'1nett 41.OIINER 6 5 . hin Cre k Rd AOORESS 7 F~s g e . ! 4Z.~lnp~~~E New c.\Jml:.erland, Pi\. 17070 , 43.IEAR 1995 44.MAKE Volkswagen 45.MOOEL'CNOT 46.INS"" 0 8001 TYPE I I", N UNKO '4 8001 49 VEHICLE 2 TYPE OIINERSHIP I 0 INITIAL IMPACT TRAVEL 99 POINT 12 SPEEO 'S3 VEM I CLE 5 OR I VER GRAOIENT 1 CONOITION 1 ) 'NUMBER p" 58'~~~ER William Reed Bennett, DI 59.0RIVER 675 F' h.in Cr k Rd AOORESS ~s g ee . 'O'ilnp~~~E New CUmberland, p" 17070 ,1,SEX 62.0ATE OF 63.PHONE M BIRTH 717-938-5481 ). CLASS ;8.CARRIER ADORESS : ;9.CITI,STATE & ZIPCOOE j j'O.USDOT II , ICC # 73 CARGO BOOI TIPE 76 HAZAROOUS MATERIALS PUC # '7 VEH. eOI/FIG. '5.NO. OF AXLES 74.GWR PENNOOT USE ONL I ">V/;;;~,\:';.'.'t ': 'ACCIDENT ,LOCATI~,:'< ':i.:.;:,' 20.COUNTY York CoOE ' 66 21.MUNICIPALITY Fa'~/'e "'0 " CCOE 20 l. ~ '/l .' '..r.smp 8 PRINCIPAL RO,lDWA Y INFORMATION 22s~~m ~~H~R SR0262 / Fishing Creal( Rd. 23. SPEEO 4 TYPE I ACCESS LIHIT 35 'HIGHVAI 0 CONTROL 1 lNTERSECITNG ROAD: >,.;)v .. .~-~': 26.RCUlE NO.OR STREET NAHE 27.SPEEO LIHIT @l TYPE WACCESS HIGHUAI CONTROL IF NOTA T INTERSECTION: 30.CROSS STREET OR / _ . SEGMENT HARKER T-720 uenTufer Dr. 31.0IRECTlON N S E @ lZ.OISTANCE 600 FRCH SITE FRCH SITE 33.0lSTANCE UASm 0 MEASUREO ~ ESTlMATEO I TRAFFIC PRINCIPAL CONTROL OEVICE Fl. MI. 4 CONSTRUCTION ZONE o o INTERSECTING o >~::i;~:>:i;:~;~.:::::.:~:~~~i::1r;:{(~i~!;1~{;'ONIT ,..#j}2 .::.(1<: .ii~i;}f:j:;.f}2::.:. .... 36.LEGALLY I N 37.REG. PARKEO? PLATE 8~ 39.PA TITLE OR OUT'OF'STATE VIN 41249057103 40.OIINER Mina K. Baxter 41':mss 248 Stiegerwalt Hollcw Rd. 42'fnp~~~E New OmU::erlarii, PA 17070 43.IEAR 1988 44.MAKE cr.evrolet 45.MOOEL-CNOT 46.INJi.... 0' 0 BOOI TIPEI I~ N UNK 4 BOOY 9 VEHICLE 1 TIPE OUNERSHIP o INITIAL IHPACT , ~TRAVEL POINT 06 SPEEO 3 VEHICLE 5 ORIVER GRAOIENT 1 CONOITION 38.STATE p.n. 00 1 - P.l\. NUMBER 15 308 047 58.0RIVER . NAME Mina K. Baxter 59'~~m~s 248 Steigerwalt r.o11cw Rd. 60'ilirp~~~~E New OmU::erlarii, p" 17070 61.SEX 62.0ATE OF 63.PHONE _ F BIRTN 717-774-1814 C). CLASS ~ 68.CARRIER AOORESS 69.ClTY ,STATE '& ZIPCOOE 70.USOOT # 72 VEH. CONFIG. 75.NO. OF AXLES ICC # 73 CARGO BOOI TYPE 76 HAZARDOUS MATERIALS . PUC # 74.GWR PAGE:_ ."..'.".".""" ....""... , . n'FD illrb#6e , ." C 0 E F G 01 1 M 16 3 1 1 02 1 F 69 3 1 0 02 3 F 04 3 1 0 03 1 M 24 2 1 0 NANE ADDRESS :ID #: F-97-1976 CCIDENT DATE: 04/15/1997 Driver # .1 Driver # 2 Allison Weirich 1240 Pines Rd. Etters, PA 1'7319 Driver # 3 H J K L H 0 o B 0 0 4 2 6 C 0 1 0 0 o c 0 1 0 0 o B 0 .0 N\ @ILLUHIHATlONIi] @ROAO SURFACE ~ a4.PENNSYLVANIA SCHOOL DISTRICT (IF APPLICABLE) ~ a6, DIAGRAH: @IIEATHER ~ ................... , , .. .. .. " ...... . . . . . . . . . . . . . .. . ~" '" .. . ' . , , , , , , , , .......................... as.OESCRIPTIOH OF DANAGED PROPERTY e OIIMER . . . . . . . '" . . ... ..:..... . . . . . . . ... . . .: . . .. . .. . . . . . . . ...~....... . . . . . . '" . . :.... . . ...... .. .. ..:. . . .. .. . . . . . . . . . ADDRESS PHONE '- a:!j . , >~~ a7.NARRATIVE'IOENTIFY PRECIPITATIHG EVEHTS. CAUSATION FACTORS, SEQUENCES OF EVENTS, NITNESS STATEHENTS, AND PROVIDE ADDITIONAL DEYAILS, LIKE INSURANCE INFORHATlON AND LOCATION OF TOIlED VEHICLES, IF KNOIIN. ", Driver #1 advised he was traveling east on Fishing Creek Rd. at approx. 55-6Orrph. As he drove over a small rise in the road he observed Unit#2 stopj;:ed in the eastbound travel lane due to a schcol bus I S flashing red lights. He applied his brakes and left 119 ft. of skiclmarks and collided into Unit#2 pushing it into Unit#3. . Driver #3 advised he was traveling east on Fishing Creek Rd. and was stopped in the eastbound lane due to a school bus I s flashing red lights. He felt Unit#2 strike the back of Unit #3. Driver#2 was taken to the hospital via ambulance and this officer did not have the OPPOrtunity to speak to Driver #2. Jll'rO~~WON UNIT 1 COHPANY Nationwide POLICY NO 5837C516011 aa. NITNESSES NANE . r'J'F~~~~%N UNIT 2 COMPANY Geico POLICY NO 592-52-65 ADDRESS .. ,~ . .~ PHONE UNIT 1 Driving vehicle at safe speed. UNIT 2 il361 ijgo 00 % o REFUSE DUNK TEST o O. . [1Q NO TEST COMPLETE? D REFUSE r,;, 0 % DUNK YES L!.J NO CENTER FOR NIGHNAY SAFETY N PAGE'_ <<:;~..:,: ;:~ .~ :. ,',':( :;',J?OL:tCE'INFORMATION '> ~'::' ":;;;i'ACClriENT"TIME:&"'i.oCATrON'~)f ", ," . ~ - ., . ,.,~.:- '.INCIDENT F-97-1976 9.ACCIOENI 04/15/1~97 10.OA' Of W1:U 'I\1esday NUMBER DAlE . l.AGENC' Fairview Township E'olice Cept 11.TIME Of 1505 . II.NUMBER 03 NAIl! DAY Of UNITS ..SIATlONI M-10 14.PArRoL 02 13.. KILLED 114.. 'NJUREO 15.PRIV.PRDP. yO lKJ PRECINCT ZCNE 000 002 ACCIDENT N 5.INVESI'GAT~&.:., A. lv BADGE F03 ID.CCON" k CC01;6 Ptlm io. Kell Yor 6.APPROVEO BY BADGE Zl.HUN Ie IPALITJ Fairview Tcwnshio coo~08 UNIT 1/: 3 - COMPLETE ONLY INFORMATION THAT HAS CHANGED ~INCE ORIGINAL REPORT I I ...~;~~~~; ~.~t'" I JQ.::i~~IC: )..~t\Et. Daniel L.Brown PARKED? PLAIE YD35319 P."- ~~.PA IIILE OR 59.DRIVER 7613 Ap 1 . Trl- OUT'Of'STATE VIN 39694702802 ADDRESS pa aC1an . cast 40.OIINER Yir.gst P.ares, Inc. 60.CITY . STATE Harri burg P_"- 17112 & ZIPCOOE S, 41.OIINER, 7100 FisbJLng CrP.ek Valley Rd. 61.SEX M 16z.0AIE OF 09/27/72 I 63.PMONE ADDRESS 1 BIRTH 717-469-7725 4Z.CITY,STATE Harr' burg PA 17112 64'~~ilv~165.DRIVER B I 66.0RIVER & ZIPCOOE lS , Y N CLASS SS# 43. YEAR 1985 I" .MAKE G-K: 67.CARRIER ,45.HODEL'CNor 146.IN~ 0 0 68.CARRIER BOOY TYPEI Y N UNK ADDRESS I'@.~COY 70 I~.SPECIAL 0 I@. VEN' CLE 2 69.CITY,STATE TYPE USAGE OIINERSNIP & Z lPCOOE W UlI TlAL IMPACT ~VEMICLE 0 <g!.IRAVEL 00 70.USDOT . ICC . PUC II POINT 06 SIAIUS SPEED IWVENICLE 1 ~DRIVER C1:J @DRIVER 1 WVEH. IWCARGO 74.GV\IR GRADIENT PRESENCE 1 COND ITI ON CONFIG. BOOY TYPE 56.DRIVER 22 835 868 I 57.STAIE PA 75.NO. OF W HAZARDOUS n.RELEASE OF HAZ MAj.. NUHBER AXLES HATERIALS yo NO UNKO S7.HARRAfIVE - lOENTlFY PRECIPITATING EVENTS, CAUSATION FACTORS, SEQUENCE OF EVENTS, UITNESS STATEMENTS, AHD PROVIDE ADDITICNAL DETAILS , . " INSURANCE CONPANY PA National Mutual Casualty 94.IHVESTIGATION COMPLETE? INFORHATION . UNIT POll CY AU90001683 'ES 00 NO 0 NO NO Y SAFElY ~REFER TO OVERLAY SHEETS ""MMONwr:ALTH OF PENNSYLV,tN :JUCE ACCIDENT SUPPlJi,.,fENTAJ, REPCRT'OLE ca NGN'REPORIABLE 0 pAGE,_ PENNOOT USE CNLY CENTER FOR HIGH~A exhibit B . ..... ., :=. MINA K. BAXTER, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff . : CIVIL ACTION -LAW v. No. 99. 2250 " ' JAMES BENNEIT, JURY TRIAL DEMANDED Defendant NOTICE TO DEFEND AND CLAiM RIGHTS '. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims !iet forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearan<:e 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 fai1to do so the case may proceed against you and ajudgment 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 lHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SEf FORTI! BELOW TO FlND OUT WHERE YOU CAN GEf :U;~~ HELP. r -u?: ,_ , 'I ~~Yj ~ . 0~.. . , -<:i: Ul CUMBERLAND COUNTY I.A WYER REFERRAL SERVICESr~j "'" i . One Courthouse Square I' .' ~E) == .. Fourth FIoor~' 'R Carlisle, PA 17013 " ~ ;~ (717) 697 - 0371 o .r, ;;1 ::1;2 -."Jfn iPOY ;!CJ ,[I..". rW):.:!). .;-....c) Om =tj :.u -< , , " ,~, ~~~ "t . " . " , ~ , , . ::. ~i .~~ <J lj; -.'t ; MINA K. BAXTER, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ~.~. Plaintiff " ,.,' :', f, CIVIL ACTION -LAW v. No. 99 - 2250 , " " ' JAMES BENNEIT, '.:-.: JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, BRIAN K. ZELLNER, do hereby certify that on this r'-l day of J..... 1999, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: ~~ Donald R. Dorer, &quire Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 BY: Bri llner, &quire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attorney Identification N~. 59262 .. , , . All '..'t.ltll.... tr.Q1l10'i'~ 10" "{L'ClL~ (i) Exhibit C , . 99HB-lloo68 . ., LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Bill, PA 17011 Telephone Number: (717) 731-0988 Attome s for Defendant James Bennett t': MINA K. BAXTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ';. VS, No. 99-2250 CML TERM JAMES BENNETT, DEFENDANT CMLACTION-LAw JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, JAMES BENNEIT, TO PLAINTIFF'S COMPLAINT ~8 ~ ~ ~ L- .-f -0(0 c::: 7::...." 52!lJ 1- Illp Z C;- :'~l1I ~.;: w '~:r r- t~ ~tC> 3 Ad' d ':::' -0 ~"!l , mllte , ?or' ::>:: (5:~ z~ ':,.0'(,., ~CI N 01"0 4. Denied. It is specifically denied that the Plaintiff's vehicle was stru~frotWbe~ by a vehicle driven by the Defendant, James Bennett. ...J "< 1., Admitted 2. Admitted. S. Denied, All allegations deemed factual in nature in paragraph 5, including subparagraphs thereof, are generally denied pursuant to Pa.R.C.P. ~I029(e). Byway of further statement, the Defendant's answer to paragraph 4 is incorporated herein by reference as if more fully set forth, 6.- 7. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. '. P' ~, . , , " ( i " " "...' \ -\~... """".",;0,...,..",,, "", ~".""" 0 Exhibit 0 ,: 1 2 3 4 5 6 ,. ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 STIPULAT'ION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and all objections except as to the form of the question are reserved to the time of trial. JAMES BENNETT, called as a witness, being duly sworn, testified as follows: EXAMINATION '. BY MR. ZELLNER: Q. Mr. Bennett, my name is Brian Zellner and I represent Mina Baxter in an action that was brought in Cumberland County. We are here today to take your deposition. I'll be asking you a series of questions. If at any time you don't hear the question or don't understand the question, please ask me to rephrase it or repeat it. If at any time you would like to speak to your attorney, just let us know and I can step out of the room and you will be permitted to dO,that. I don't think we are going to be that longi but the only other instruction that I would have is that you keep all of your responses verbal so the court reporter can take down what you are FIUUS & McLUCAS REPORTING SERVICE. INC. Harrisburg 717.236-0623 York 7J7-8-I5-6418 PA 1-8()O.23J-9J27 1 ". ," . 2 A. 3 Q. 4 A. 5 Q. 6 A. 7 " ' 8 Q. 9 10 A. 11 12 Q. .... 13 A. 14 Q. 15 16 A. 17 Q. 18 19 A. 20 21 22 Q. 23 A. 24 Q. 25 - Exam./Zellner - J. Bennett saying. Is that satisfaqtory? =- Yes, it is. Could you state your full name, please? My full name is James Boyd Bennett. And your address, Mr. Bennett? That's 675 Fishing Creek Road, New Cumberland, Pennsylvania. And as I understand it, you are currently working' in the state of New ,York. Is that correct? Yes. I am in East Fishkill, New York at an IBM ," facility. In April of 1997, where did you live? In April of '97 I lived at 675 Fishing Creek Roa9. Were you involved in an automobile accident on April the 15th, 1997? No, I was not. Was anyone in your family involved in an automobile accident on April 15th, 1997? I'm not absolutely certain of the date as of April 15, but, yes, my son was involved in an automobile accident right about that time. And could you tell me your son's name, please1 That would be William Reed Bennett. And how old was' William Bennett at that time in April of 1997? . FILIUS & McLUCAS REPORTING SERVICE. INC. Harri$burg 117.236--0623 York 717-845-6418 PA 1-800.233.9327 4 . " .. 1 A. 2 3 Q. 4 5 A. 6 Q. 7 A. 8 9 10 11 12 13 14 15 Q. 16 17 A. 18 Q. 19 20 A. 21 22 23 24 Q. 25 A. Exam./Zellner - J. Bennett I believe' he -- oh, boy", 97 I he would- haNe been .. 17. Did your son tell you what happened in the accident in April of 1997? Yes, he did. And what did he tell you? He told me that he came up over the top of the 5 hill on Fishing Creek Road and there was a school bus stop and several vehicles behind it. And that hill is blind. As you come up over the rise, you '- cannot see. And as he went over the rise, he was looking at the back of an automobile and he could. not stop in time and hit it. I'm familiar with that area as well and it is blind. And do you know what kind of vehicle your son was driving in April of 1997? Yes, it was a red Volkswagen Golf. And were you the owner of that vehicle or was your son? The vehicle was in my name because of the fact that he was a minor. It was his vehicle, hqwever, but legally it was in my name. It was register~d to me. And was your son injured in the accident? NO, he was not. . FlUUS & M,LUCAS REPORTING SERVlCE, INC. H,,,,iJburg n7.2J6--0623 York 71.7.845~18 PA 1-800-233-9327 1 2 3 4 5 6 " ' 7 8 9 10 11 12 ,.' , 13 14 15 16 17 18 19 20 21 22 23 24 ..:..,.,' 25 .. Exam./Zellner - J. Bennett 6 Q. Did 'you ever have any contact with my ~lLent, Mina '. Baxter? A. No. As a matter of fact, I've never met your client. Q. And just so we have it clear, you were not the driver that was involved in the accident? A. No, I wasn't there. I was at work. MR. ZELLNER: Thank you, sir. No further questions. '- MR. DORER: Jim, you are finished and I'll be in further contact with you and I appreciate your cooperation. A. Okay, no problem. MR. DORER: Have a nice day. A. Thank you. (The deposition concluded at 11:14 a.m~) ~ FIUUS & McLUCAS REPORTING SERVICE, INC. Harrisburg 717-236-0623 York 717-8-15-6-118 PA 1-8()o"2JJ-9J27 I I I I I i ,I 1 ! . ., COMMONWEALTH OF PENNSYLVANIA ) ) ss. ) COUNTY OF CUMBERLAND I, Ann M. Wetmore, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and Cou9nty of Cumberland, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbefore set forth, and that it is the testimony of: JAMES BENNETT , '! I further certify that said witness was by,me duly sworn to testify the whole and complete truth '-in said 'cause; that the testimony then given was reported by me stenographically, and subsequently transcribed under my direction and supervision; and that the foregoing is a full, true and correc~ transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at East Pennsboro Township, Pennsylvania, this 5th day of October, 1999. {JJ-f'-CfJrJ (~ Ann M. Wetmore Reporter - Notary.Public ~ (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of 'the certifying reporter.) FILIUS & McLUCAS REPORTING SERVICE. INe, Hturisburg 717-236-0623 York 717-845-6418 PA ]-SOO-2JJ..9327 exhibit E . . J. 2 3 A. 4 Q. 5 6 7 A. 8 Q. 9 J.O J.J. A. J.2 Q. J.3 J.4 A. 15 Q. 16 A. 17 Q. 18 A. 19 20 Q. 21 A. 22 Q. 23 A. 24 Q. 25 A. , Exam./Dorer - Baxter 11 . , the pOlice report. Did you have chance te see the police report before today? NO, I never seen the pOlice report. According to the police report the accident happened on Fishing Creek Road in Fairview Township in York? Right. And the accident happened around a little bit after 3:00 in the afternoon. Does that sound, right? '. Yes. And you are driving your car which was a 1988 Chevrolet Caprice? Right, right. What was the weather like that day? It was nice. Nice day? It was not raining or anything. It was a nice day. And inside your car were you seat belted? Oh, yes. Seat belt and shoulder belt? .. And shoulder belt, yes. Where were you coming from that day? I took my granddaughter to dancing. I ,came from FILIUS & McLUCAS REPOR11NG SERVICE, mc, Hnrrlsburg 717-236.0623 York 717-845-6418 PA 1.800.233.9327 1 2 3 4 5 6 .' 7 8 9 10 11 12 ( '\ 13 14 15 16 17 18 19 20 21 22 23 i 24 "....,/ 25 Exam./Dorer - Baxter Lemoyne and more to Camp' Hill .,than Lemoyne, and she said she was four years old the day before and she didn't never road in the front seat of a car. And I said, okay, you can ride today because I didn't have a bag, you know, air bag in that car. I said, okay, but you have to buckle in real tight, and we go the back way instead of the highway. And that's where I went to pick up my income tax papers at. Q. Take your time. '. A. I never got there. Q. What was your granddaughter's name? A. Allison. Q. Allison was in the car when you were hit? A. Right. Q. I guess what I'm trying to get at, were you 'going to or from the dance class? A. From. Q. So, the dance class was over? A. Right. Q. You are taking her back home? A. Right. Q. Tell me in your own words what you remember as happening in the accident as best you can. A. I just remember it was like a great big explosion. FILIt/S (1 McLUCAS REPORTING SERVICE. INC. flarrisllUrg 717-236-0623 York 717-8,15.&118 PA 1-800-233-9327 12 " r: , ;', " ',' f . :f : ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Q. 17 18 A. 19 Q. 20 A. 21 22 23 24 25 Q. Exam./Dorer - Baxter I mean, it felt like the,whole car was_go~ng to fly off or something, I don't know. And I SeE!n the truck in front of me -- I mean, I seen the truck the whole time we were driving because you know how slow they go anyway. And I thought, oh my gosh, he's pushing me against the truck. And I couldn't stop the car because I was laying because the seat broke. The seat broke and it knocked me back. And it's a good thing I had my granddaughter up front because it was in back '- of me it probably would have broken her legs. And he she was screaming and I was more worried about her than I was about myself or the car. And I seen something right before that in back of me, you know, it must have been his car. You thought you saw something behind you just before the impact? NO, no, right after the impact. You noticed he was behind you? When he hit me I looked in the review mirror and I seen something behind me. And then I looked and I seen the car going towards. I don't know exact~y .. how it happened, you know, I mean couldn't give you details. ~hat's what I think happened. I guess ,what I wasn't picking up, wasn't there a ElL/US & McLUCAS REPORl1NG SERVICE, INC. Harrisburg 717-236-0623 York 717-845-6418 PA 1.800.23.1.9327 13 1 2 3 4 5 6 7 " 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exam./Dorer - Baxter 15 the.police report the drfver of the ca~ tRat hit you was a William Reed Bennett, IV. You are not sure, in fact -- you saw a man came up to your window and you just don't know who it was? A. Right, right. Q. Well, Mr. Bennett is identified as being not quite 17 when the accident happened and Mr. Brown was more mid 20s. A. I don't know either one. Q. You couldn't tell either'way? '. A. No, no. Q. So, you can't be certain you ever spoke to Mr. Bennett? A. No. Q. So, you were taken to the hospital? A. Yes. Q. Along with your granddaughter? A. Right. Q. Let me just sidetrack for a second. Was your granddaughter injured? A. No. The only thing she complained of is a stomach ache, but after when my daughter came to the, ~ hospital and she was all right. She just needed comforted. Q. So, your granddaughter was evaluated at the ' FILIUS & McLUCAS REPORTING SERVICE, mc, Harrisburg 717-236-0623 York 717-845-6418 PA J.800.233.9327 1 2 3 4 A. 5 6 Q. 7 A. 8 Q. -( . 9 10 A. 11 Q. 12 13 14 A. 15 16 Q. 17 18 A. 19 Q. 20 21 A. 22 23 24 Q. 25 A'. Exam./Dorer - Baxter 26 Dr. 'Bare for a fOllow-up'with your knee, ~s the only other doctor you saw 'Dr. Pikulin, you are not seeing anybody else? I'm seeing Dr. Sheridan now. She came when Dr. Bare left the office. But it's the same practice? Same practice, yeah. How often did you see your family practice for your injuries in the accident? Oh, I don't see him at all. ," So, other than giving you the cream for the knee after the accident the only doctor you've seen is_ Dr. Pikul in? After Dr. Bare I seen Dr pikulin -- well, I mean Dr. pikul in and Dr. Bare at the time. What I'm trying to get at is the only other 'doctor we are talking about is Dr. Pikul in? Right. After the accident, did you have any problems w'j.th a fear of driving? At the beginning, yes. For about a year every time there was somebody behind me I felt like' ~ pulling over and waiting until they all pass me. That lasted for' about a year? Yeah. . FlUUS & McLUCAS REPORTING SERVICE, INC. H.misbllrg 717.236.0623 York 717.845.6418 PA 7.S00~23J.9327 . 1 Q. 2 3 A. 4 Q. 5 6 A. 7 8 Q. 9 10 A. 11 12 Q. 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 21 Q. 22 A. 23 Q. 24 A. 25 Exam./Dorer - Baxter 27 . Even though you had those fears, you stil~ drove' though? '. I had to, yeah. Did Allison have any nightmares or fears of driving as far as you know? At the beginning she was a little scared, but she got over it. Do you have any problem with your pain being bothered by weather changes, damp cold weather? No. When it's damp I feel it in my knee, but not " that painful. It's not that painful. When did you last see Dr. Pikulin? The 4th of August. When? August 4th. When are you next scheduled to see Dr. Pikulin? Next Wednesday. How are you doing tOday with your knee? Well, it's there. I know it's there. It just, kind of tingles a little when it gets like that. It tingles? Yeah. .. What makes it tingle? I think it's the weather because when it's sunshine and all it doesn't bother me. FILIUS & McLUCAS REPORTING SERVlCE,INC. Ilarrisburg 717.236-0623 York n7-845-6IJS PA 1.800.233.9327 . (- , - 1 Q. 2 A. 3 Q. 4 A. 5 Q. 6 7 A. 8 9 10 11 12 13 Q. 14 15 A. 16 Q. 17 A. 18 Q. 19 20 A. 21 Q. 22 A. 23 24 Q. 25 . Exam./Dorer - Baxter 28 How'is your neck and shoUlders tOday? :. '. Well, they are not that great. . i Tell me why they are not that great. I Well, I don't know that. I mean that's-- That was a bad question. Tell me how it's feeling today. It pulls in here (indicating) and up here. I should have gone to the Dr. Pikulin last week or this week, but I didn't. In fact, Dr. Pikul in told me to do exercises, neck exercises and arm' '. exercises, and go to the Y. So, I do that. I do my exercises. After the accident, did you have any contact with anybody in the Bennett family? No. Anyone try to call you? No. Did someone from Nationwide call you or get in contact with you 'after the accident? Yes, Penny Greene. Did you tell Penny what happened in the acc~dent? Yeah, she knows that. I mean, she came to the , house the next day I think or the day after. Did you ever have any discussion with Penny as to who was driving the car that hit you or did it FILIUS" McLUCAS REPORTING SERVICE, INC. Harrisbllrg 717.236.0623 York 717-845-6418 PA 1-800-233-9327 99HB.00068 LAW OFFICES OF JACOBS & SABA Z14 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-09811 Attome I for Defendant James Bennett MINA K. BAXTER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 99-2250 CML TERM JAMES BENNETT, DEFENDANT CML AcrION - LAw JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Motion for Summary JudlZlDent of Defendant. James Bennett to be served by regular first class mail upon: Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17011 Date: October 12. 1999 ) o Donald R. Dorer, Esquire Attorney for Defendant I..' ''it ~ 1:' ,~ ,~ q . if ,^ j ;/.', .~' >- Ul r {?; c-: \:~ .:--:: ,,", j " u/"J , (): ... n: ~ l~. .. , (;)t": (,., ;Il c.:!" , ::~ U-lj.., ~~: ,.. ~'J c..", . 'j ~J . i 0 :!.; t.~ . (<l c;~ ,;,:...... CI <Ior.l = ~ =~ =OC)Q\ !'l<~ ....00= 010 .-4C\1 :"JOO 'f'I")~Q""" ~"" -<:1: '" I'" ""........ II: ....,... O~~~:j~r::- ;,.=;,o;5=-~'" :;t:Owr.l) ....t'<- ~ uti) !: r:: ':' < "If' ,. _ ~ """;:: -c of: (.) ~ "' . . .. . '.... - MINA K. BAXTER. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVILACTION-LAW v. No. 99 - 2250 JAMES BENNETI, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BRIAN K. ZELLNER, do hereby certify that on this U;.... day of Oc.NJ.:..., 1999, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United Stales mail, first class postage prepaid, addressed to: Donald R. Dorer, Esquire Jacobs & Saba 214 Senate Avenue Suite 503 Camp Hill, PA 17011 BY: -8 k'?, Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attorney Identification No. 59262 --- --- >- If) ~ ~ M ~~ 9 8i x: i~ 0Cl: a~ 0 0;, en ~;a &-' .::J O:~: I- lli~ u 0 :~ u.. en :.::> 0 m U ",.