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HomeMy WebLinkAbout03-2996Karen S. Coates, Esquire KELLY, HOFFMAN & GODUTO LLP Commerce Towers - 10t~ Floor 300 Noith Second Street Post Office Box 62003 Harrisburg, PA 17106-2003 Phone: (717) 920-8100 Facsimile: (717) 920-0691 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TY M. WILKINSON and TONYA M. WILKINSON, his wife Plaintiffs EVELINE I. L1NGENFELTER, a minor by and through her parents and natural guardians, DARLENE LINGENFELTER and HARRY LINGENFELTER, Defendants CIVIL ACTION - LAW NO: O~ -- ~q~ 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 an attorney and filing in writing with the Court your detbnses 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 judgrnent may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims 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. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 (Pennsylvania Only) (717) 238-6714 (Outside Pennsylvania) Karen S. Coates, Esquire KELLY, HOFFMAN & GODUTO LLP Commerce Towers - 10th Floor 300 North Second Street Post Office Box 62003 Harrisburg, PA 17106-2003 Phone: (717) 920~8100 Facsimile: (717) 920-0691 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TY M. WILKINSON and TONYA M. WILKINSON, his wife Plaintiffs EVELINE I. LINGENFELTER, a minor by and through her parents and natural guardians, DARLENE LINGENFELTER and HARRY LINGENFELTER, Defendants CIVIL ACTION - LAW NO: 03 - *~gq~ JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Ty M. Wilkinson, is an adult individual with a current residence address of 115 Nittany Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Tonya M. Wilkinson, is an adult individual with a current residence address at 115 Nittany Drive, Mechanicsburg, Pennsylvania 17055. 3. Plaintiffs believe and therefore aver that Defendant Eveline I. Lingenfelter is a minor who, at all times herein mentioned, resided with her parents and natural guardians at 206 April Drive, Camp Hill, Pennsylvania 17011. 4. On January 22, 2003, Plaintiff Ty M. Wilkinson was the registered owner and operator or a 1999 Nissan Maxima bearing Pennsylvania registration/plate number ETF 3720 and was operating his vehicle eastbound on Market Street in the Borough of Camp Hill at approximately 2:20 p.m. 5. On January 22, 2003, Defendant Eveline I. Lingenfelter was the operator of a 1984 Chevrolet automobile bearing registration number DZK 6605, at approximately 2:20 p.m. in the vicinity of the intersection at North 26th and Market Streets in the Borough of Camp Hill. 6. On January 22, 2003, Eveline I. Lingenfelter was operating the aforementioned vehicle with the permission and consent of its owners, Darlene and Harry Lingenfelter, 206 April Drive, Camp Hill, Pennsylvania 17011. COUNT I TY WILKINSON V. EVELINE LINGENFELTER 7. Plaintiffs Ty M. Wilkinson and Tonya M. Wilkinson, his wife, herein incorporate by reference Paragraphs 1 through 6 of their Complaint as if fully set forth herein. 8. On January 22, 2003, at approximately 2:20 p.m., while operating the vehicle owned by Darlene and Harry Lingenfelter, Defendant Eveline I. Lingenfelter proceeded onto Market Street from the intersection of North 26th at Market Street in Camp Hill, after failing to stop at a stop sign, thereby striking the driver's side of Plaintiffs' vehicle, which had the right-of- way and was lawfully proceeding eastbound on Market Street. 9. The aforementioned collision was solely and proximately caused by the negligence and carelessness of Defendant Eveline I. Lingenfelter, which negligence consisted of the following: (a) (b) (c) (d) (e) (g) (h) (i) (J) (k) (1) 10. failing to bring the vehicle to a stop at the intersection of North 26th and Market Streets in Camp Hill; failing to yield the right-of-way to Plaintiffs lawfully proceeding vehicle; entering Market Street without first ascertaining that it was safe to do so; failing to have her vehicle under proper and adequate control; turning into Plaintiffs lawfully proceeding vehicle; operating the vehicle too fast for the condition existing at the time of the accident; failing to observe and heed the stop sign for traffic entering Market Street at its intersection with North 26th Street; operating the vehicle without due regard for the Plaintiffs lawfully proceeding vehicle; driving the vehicle in a careless manner so as to endanger persons and property; failing to maintain control of the vehicle; violating various sections of the Pennsylvania Motor Vehicle Code, including provisions relating to required stops at controlled intersections; and causing the front bumper of her automobile to strike the driver's side of Plaintiff's vehicle. As a direct and proximate result of the negligence and careless of Defendant Eveline I. Lingenfelter, Plaintiff Ty M. Wilkinson sustained personal injuries, including but not limited to: (a) neck pain; (b) cervical strain; (c) concussion; 4 (d) (e) 11. post-concussion syndrome; and headaches. By reason of the injuries Plaintiff sustained as set forth above, he will need additional medical care and attention at a cost unknown to him at this time. 12. By reason of the injuries to the Plaintiff sustained as set forth above, he has endured severe physical, emotional and mental pain, suffering, inconvenience and will continue to endure physical, emotional and mental pain, suffering, and inconvenience for a period of time now unknown. 13. As a direct and proximate result of the negligence and carelessness of Defendant Eveline I. Lingenfelter, Plaintiff Ty M. Wilkinson has incurred lost wages and/or may incur the loss of wages in the future and/or an impairment of future earning capacity. 14. The aforementioned accident was not due to any negligence or carelessness on the part ofTy M. Wilkinson. WHEREFORE, Plaintiff Ty M. Wilkinson demands judgment in his favor and against the Defendants, in an amount not in excess of $25,000.00, together with interest, costs of suit and damages for delay. COUNT I1 LOSS OF COI~ISORTIUM TONYA M. WILKINSON v. EVELINE I. LINGENFELTER 15. Plaintiffs, Ty M. Wilkinson and Tonya M. Wilkinson, herein incorporate by reference Paragraphs 1 through 14 of their Complaint as if fully set forth herein. 16. As a direct and proximate result of the negligence and carelessness of Defendant Eveline I. Lingenfelter, Plaintiff Tonya M. Wilkinson has in the past, and will in the future, 5 suffer loss of companionship arising out of the marital relationship including the company, society, cooperation and affection of Plaintiff Ty M. Wilkinson. WHEREFORE, Plaintiff Tonya M. Wilkinson demands judgment in her favor and against the Defendants, in an amount not in excess of $25,000.00, together with interest, costs of suit and damages for delay. Dated: June/~, 2003 Attorney I.D. No. 52654 KELLY, HOFFMAN & GODUTO LLP Post Office Box 62003 Harrisburg, PA 17106-2003 (717) 920-8100 Counsel for Plaintiffs Ty M. Wilkinson and Tonya M. Wilkinson 6 JUN.17'2003 09:44 ~01~2 P.002 VERI'FI CATION 1, Ty M. Wilkinson, state that 1 lmvc read lh¢ £orcgoing COMPLAINT which }las bccn drai-tcd by my counsel, The lbctual statements contained therein are true and correct to tile best ot'my information, knowledge, and belicL although the }anguage is that of counsel and, to the extenl lhat the con.tent o£the foregoing document is that of counsel, I have relied upon counsel in making this Veril~cation. This statement is made subject to the penMtics of 18 Pa. C.S.A. Sectio~l 4904 rclaling to unsworn falsilication to authorities, which provides that ill make knowingly false statements, 1 may be subject to criminal penalties. JUN.17'2003 09:44 $0142 P.003 yERIFICATION l, Tonya M. Wilkinson, state that I have read the foregoing COMI'I.AINT which has bccI1 drafted by my counsul. The factual statements contained therein are ~c i~ld co,cc[ to the best of my ~lbnnation, knowledge, and bvlief, a~though thc language is that ofcomtsel and, to the cxtcnl lhat the content of the Foregoing document is lhat of counsel, I have relied upon counsel in m~g this Verification. ~is statement is made subject to the peuMties of 18 Pa. C.S.A. Section 4904 relating to unswona t~alsification to authorities, which p~vides tlmt ifl m~e knowingly false staomoats, I may bo subject to cri~nfl poaalties. Date SHERIFF'S CASE NO: 2003-02996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON TY M ET AL VS LINGENFELTER EVELINE I ET AL RETURN - REGULAR DAWN KELL Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE LINGENFELTER EVELINE I (MINOR) DEFENDANT , at 2026:00 HOURS, at 206 APRIL DRIVE CAMP HILL, PA 17011 DARLENE LINGENFELTER, MOTHER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 27th day of June the , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this f~ day of Q"~. A.D. v Prothonotary So Answers: R. Thomas Kline 07/01/2003 KELLY HOFFMAN & GODUTO By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON TY M ET AL VS LINGENFELTER EVELINE I ET AL DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE LINGENFELTER DARLENE DEFENDANT , at 2026:00 HOURS, on the 27th day of at 206 APRIL DRIVE CAMP HILL, PA 17011 DARLENE LINGENFELTER a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon by handing to June and attested copy of COMPLAINT & NOTICE the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10o00 .00 16.00 Sworn and Subscribed to before me this 7 ~ day of t ~rothonotary ' ~ ~ So ~Jlswers: R. Thomas Kline 07/01/2003 KELLY HOFFMAN & GODUTO Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-02996 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILKINSON TY M ET AL VS LINGENFELTER EVELINE I ET AL REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE LINGENFELTER HARRY DEFENDANT , at 2026:00 HOURS, at 206 APRIL DRIVE CA~MP HILL, PA 17011 DARLENE LINGENGELTER, EX-WIFE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 27th day of June by handing to the , 2003 together with and at the same time directing Her attention to the contents thereof. Additional Comments ALTHOUGH DARLENE AND HARRY ARE DIVORCED, IT WAS CONFIRMED THAT THEY DO STILL LIVE TOGETHER. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 O0 O0 O0 O0 O0 O0 Sworn and Subscribed to before me this 7~ day of ~~ ~q/3 A.D. thonotary So Answers: R. Thomas Kline 07/01/2003 KELLY HOFFMAN & GODUTO Deputy Sheriff TY M. WILKINSON and : TONYA M. WILKINSON, his wife, : Plaintiffs, : EVELINE I. LINGENFELTER, a minor, : by and through her parents and : natural guardians, DARLENE LINGENFELTER and HARRY LINGENFELTER, Defendants. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-2996 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Date: TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendants, Eveline I., Darlene, and Harry Lingenfelter, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. By: drew C Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this t/f day of July, 2003, I hereby certify that have served the foregoing PRAECIPE FOP, ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karen S. Coates, Esquire KELLY, HOFFMAN & GODUTO, LLP Commerce Towers, 10th Floor 300 North Second Street P.O. Box 62003 Harrisburg, PA 17106-2003 Andrew C. Lehman, Esquire TY M. WILKINSON and TONYA M. WILKINSON, his wife, Plaintiffs, EVELINE I. LINGENFELTER, a minor, by and through her parents and natural guardians, DARLENE LINGENFELTER and HARRY LINGENFELTER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-.2996 Civil Term CIVIL AC'rlON - LAW JURY TRIAL DEMANDED TO: NOTICE TO PLEAD Ty M. Wilkinson and Tonya M. Wilkinson, and their attorney, Karen S. Coates, Esquire KELLY, HOFFMAN & GODUTO, LLP Commerce Towers, 10th Floor P.O. Box 62003 Harrisburg, PA 17106-2003 YOU ARE HEREBY NOTIFIED that the Answer to Complaint set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: Respectfully subrnitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 819:2,7 2411 North Front Street Harrisburg PA 17110 717/232-9900 TY M. WILKINSON and TONYA M. WILKINSON, his wife, Plaintiffs, EVELINE I. LINGENFELTER, a minor, by and through her parents and natural guardians, DARLENE LINGENFELTER and HARRY LINGENFELTER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-2996 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated, however, it is admitted that Eveline I. Lingenfelter was operating the vehicle in question with permission and consent of its owners, Darlene Lingenfelter Pavlovic and Harry Lingenfelter. By way of further averment Darlene Pavlovic and Harry Lingenfelter reside at 206 April Drive, Camp Hill, Pennsylvania 17011. COUNT I TY M. WILKINSON V. EVELINE I. LINGENFELTER 7. Paragraphs 1 through 6 are incorporated herein as if set forth at length by reference thereto. 8. Denied as stated, however, it is admitted that on April 22, 2003 at approximately 2:20 p.m. as Eveline I. Lingenfelter was operating a 1984 Chevy Celebrity at or near the intersection described Plaintiffs' Complaint, it came into contact with a 1999 Nissan Maxima operated by Plaintiff Ty Wilkinson. The remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 9. Said paragraph and its sub-parts are denied pursuant to Pa.R.C.P. 1029(e). 10. After reasonable investigation Defendants are without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial. The remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 11. After reasonable investigation Defendants are without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial, The remaining averments contained in this parstgraph are denied pursuant to Pa.R.C.P. 1029(e). 12. After reasonable investigation Defendants are without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial. The remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 13. After reasonable investigation Defendants are without sufficient information to form a belief as to the truth of the matter asserted and proof is demanded at trial. The remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P, 1029(e). 2 14. Said paragraph is a conclusion of law to which no responsive pleading is required. However, to the extent a response is required, the same is denied pursuant to Pa.R.C.P. 1029(e). COUNT II TONYA M. WILKINSON V. EVELINE I. LINGENFELTER LOSS OF CONSORSlUM Paragraphs 1 through 14 are incorporated herein at length by reference 15. thereto. 16. After reasonable investigation Defendants are without sufficient information or knowledge to form a belief as to the truth of the matter asserted and proof is demanded at trial. 17. thereto. 18. NEW MATTER Paragraphs 1 through 16 are incorporated herein at length by reference Plaintiffs' claims may be barred in part or in whole by operation or application of the Pennsylvania Motor Vehicle Financial Responsibility Act. Respectfully submitted, Date: NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 3 VERIFICATION We, EVELINE I. LINGENFELTER, HARRY LINGENFELTER, and DARLENE PAVLOVIC, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Date: HARR4( LING EI~Er;i_TER DA P, L E N I~:'-P~,'g'L 0~'1C CERTIFICATE OF SERVICE AND NOW, this ~-~day of September, 2003, I hereby certify that I have served the foregoing ANSWER WITH NEW MATTER on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Karen S. Coates, Esquire KELLY, HOFFMAN & GODUTO, LLP Commerce Towers, l0th Floor 300 North Second Street P.O. Box 62003 Harrisburg, PA 17106-2003 Andrew C. Lehman, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TY M. WILKINSON and TONYA M. WILKINSON, his wife Plaintiffs EVEL[NE I. LINGENFELTER, a minor : by and through her parents and natural : guardians, DARLENE LINGENFELTER : and HARRY LINGENFELTER, CIVIL ACTION - LAW NO. 03-2996 Civil Term Defendants JURY TRIAL DEMANDED pRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended with prejudice. Dated: January _-/4", 2004 ^ttomey I.D. No. 52654 KELLY, HOFFMAN & GODUTO LLP Post Office Box 62003 Harrisburg, PA 17106-2003 (717) 920-8100 Counsel for Plaintiffs Ty M. Wilkinson and Tonya M. Wilkinson CERTIFICATE OF SERVICE On this [ day of January, 2004, I, Karen S. Coates, Esquire, of the law firm of Kelly, Hoffman & Goduto LLP, hereby certify that I have served this day a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE by depositing the same in the United States Mail, first class, postage prepaid at Harrisburg, Pennsylvania, addressed to those persons and addresses indicated below: Andrew C. Lehman Esquire Nealon & Gover, P.C. 2411 North Front Street Harrisburg, PA 17110 Counsel for Defendant