The URL can be used to link to this page

Home My WebLink About99-02733 (a) failed to maintain proper and adequate control over his vehicle; (b) failed to keep alert and maintain a proper lookout while operating his vehicle; (c) failed to properly stop at the intersection of the VFW parking lot and Hummel Avenue; (d) drove his vehicle in such a manner as to cause it to drive directly into the path of the Valle vehicle; (e) failed to observe the Valle vehicle as it approached the intersection of the VFW parking lot and Hummel Avenue: (t) failed to apply his brakes to avoid a collision between his vehicle and the Valle vehicle; (g) failed to exercise a duty to look for cross traffic when approaching and entering onto Hummel Avenue; (h) failed to maintain a proper lookout and exercise the degree of care required to anticipate and discover the presence of approaching vehicles on the roadway; (i) at the time of and immediately prior to the collision, allowing his attention to be distracted from the roadway; (i) failing to sound his hom or othelWise warn Thomas Valle of the approach of his vehicle; (k) failing to drive his vehicle in such a manner that it could be brought to a stop immediately at the first sign of danger, and; (I) failing to yield the right-of-way to the Valle vehicle. 10. The negligence and carelessness of William D. Bittner, as aforesaid, was a substantial factor in the happening of the accident. 11. As a direct and proximate result of the accident of June 3D, 1997, Thomas Valle sustained serious, painful, grievous and potentially permanent injuries including, but not limited to, the following: injury to the nerves, discs, muscles and supporting structures of the knee; injuries to the mouth, including the loss of two teeth and damage to another tooth; injuries to the nerves, muscles and supporting stmctures of the nose; injuries to the jaw, including loss of bone structure; and other painful and serious injuries. 12. As a direct and proximate result of the injuries suffered in the accident of June 30, 1997, Thomas Valle was unable to work and therefore has suffered a wage loss for that period of time. 13. As a direct and proximate result of the accident ofJune 3D, 1997, Thomas Valle has suffered and will suffer in the future the following: physical pain and suffering, cmotional distress, loss of life's pleasures, inconvenience and miscellaneous out-of-pockct expcnscs. 14. As a dircct and proximate result of the accident of June 30, 1997, Thomas Valle has been forced to incur, and in thc future may be forced to incur, liability for medication, mcdical treatment, and othcr similar expenses in an effort to restore his health, VERIFI(:A TION I, Evan 1. Kline, III, Esquire, hereby acknowledge that 1 am the attorney for the Plaintiff, that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. The Plaintiff's Verification is unavailable at present, but will be filed with the Court when it becomes available. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. By: L '~7 Evan J. Kline, ~ 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 70283 /{e-.5j Date: 3// '1/00 Attorneys for Plaintiff . , Evan J. KIln., III 1.0. N70283 GOI.DBERG, KATZMAN & SIIIPMAN,P.C. 320 Market Stn:el P. O. Box 1268 Harrisburg, PA 17108.1268 (711) 234-4161 Cow=l for Plaintiff THOMAS VALLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. q q - :l. 733 WILLIAM D. BITTNER, Defendant CIVIL ACTION - LAW WRIT 01<' SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendant, William D. Bittner. His address is 1140 Rana Villa Avenue, Camp Hill, P A 170 II. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P,C. By: c:- ~ 1/ l ~ ((x... Evan J. Kline, U, Esquire Attorney 1.0. No. 70283 (\J, < r;.? 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: S-- -)'.. '11 22139.1 , , I , , I , I ~ , I al ;:0..... , ....... (Xl , O:z..... I 0 I ... ~: Eo< , I ~~O HZ ~ .....M Z >i'" o<t' H.cC .tl.JOJ~~ I ~ Eo<o<t..... = o-l: ::E:UO:\o ..... o-l Eo< , ~N .f--iN<~ I ,~ z' I o-l ....o<t 0: ZEo<"'Ul....."" ~ o<t mo-lo<t g , :> o-l'" ....' ....o<t ..,. I H ,..,:.: . Eo< >< . '" I . .... I Vl ~ 0:> . ~ u' :.: Z~Ot.:lN ~ I o<tl . o<t :.: m 0: I o<t ,.., ~.... 0:: , :iOtnOp..~,....: , ~, ~ , ,.., '" ul > ~ N 0::-1 I ....O:!: al I ~..,.o<t , wO M < : , I t.:I :I: , 01 , ....U , , , , I I ..... , , , ~ . , , , , . . . i i_cc=:=--=-:==:,cc'''--'-- Ii w I~ < ,'" ... '" i ...J >t 0.. '0.. '" 0.. I Z .-,: ! z z '0 "-' ~ I gJ 0.. 0 I ~ 118~ .... 0< ... >< .... '" " 0< .... Z " H I ~z ... H'1:l Z 1,05 " H " '" . .... H ~ I ~U '" " "'.... "" M o-lH ~ 0 I::> <=> M o-lo.. .., ~ 10 Z ..... ;; '" II u< N - ,oJ '; ...J I 0.. II UJ IX: ~, '" '" <<: H l::c "-' '" ;'j H U I; E-l1=Q o-l '" 'izS 0 o-l ;;'i 0 ::c <Jl H I,HU Z H > ~ 0.. " I.~cc_ C.- " ,- '~~ ; s ;;: ~ ..t :-;, -::;=f. 5~~ ~ t , s.:, l ,. I " " ,- ~ ~ '~r' ~f ;;' ~ ~.o ~ f. .' f '7 I~='='::::'~="==" I ~ ~ ! 0>-t I Pdfl I Z I ZZ I 0'" I ~'" : o - , U> I o , f- '" :2 o '" f-< '. _m~___.._..____.. . _._~------_.,_. --,._-. c- o. ~ ~ " " '" - , ,-, ~ H o. " .... ,;; ~ 2 , ,7 ] ,-;:c. - I ... 0 " 2 ',f , I " f-< ~ c '" '" -. ,;: c:: OJ "" '" , z " .... " G ~ -; f-< OJ :::> ;, c:: ~ ! I f-< "" '" - ~- - H OJ ;-; " '" Q '" 0 ". -': ~ "" E I Q f-< '" Z ... ~ ~ '" H H .-,: j H U ..., ..., '" '" ..., ~ l': ~ H 0 > ~ '" u -"---. _____..._U_" Ev"" J. K1lne, III /.D. #70283 GOLDBERG, KATZMAN & SHIPMAN, p.e. 320 Market Street P. 0, Box 1268 HIllTi,burg, PA 17108-1268 (717) 234-4161 Coun,oJ for Plaintitr THOMAS VALLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 1999-02733 v. WILLIAM D. BITTNER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please substitute the Attomey's Verification attached to the Complaint in this matter with Plaintiff's Verification attached hereto. Thank you. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: IU'- ~_ Evan 1. Kl ,III, Esquire Attorney I.D. No. 70283 320 Market Street P.O. Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Date: 3 r 2// f c'() "1621.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I selVed a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the [9..8 f)-. day of /l1 """ /..., , 2000, addressed as follows: Karl R. Hildabrand, Esquire Metzger Wickersham 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 GOLDBERG, KATZMAN & SHIPMAN, P.C. By 7: -rY. /,k~ Evan J. Kline, III, Esquire J.D. No. 70283 320 Market Street P.O. Box ]268 Harrisburg, P A ] 7108-] 268 (717) 234-4161 :.:" ",:,,",,:':\," ""/,"'.',:" ~'\\'.",,"\:~'.:,'. ",\{~,~1:,~ ,:~,'.}~:::,_.,{;:,.~,,.~~~::(:,,~~t:\.:",::~i\~' ,'.~,I~,;>"~;,,,:~;':;l";:",'~.j,~ ~;",\,,::;:,/, ','.'. ':~:>:d:;' .'.~~: 8. Denied as stated. The averments of paragraph 8 are specifically dcnied and proof thercof is demandcd at trial. 9. Denied as staled. The avcnncnts of paragraph 9 arc specifically denied and proof thereof is demanded al trial. 10. Denied as slated. The avennents of paragraph 10 arc specifically denied and proof thereof is demanded at trial. 11. Denied as stated. The avennents of paragraph 11 arc specifically denied and proof thereof is demanded at trial. 12. Denied as stated. The averments of paragraph 12 are specifically denied and proof thereof is demanded at trial. 13. Denied as stated. Thc avennents of paragraph 13 are specifically denied and proof thereof is demanded at trial. 14. Denied as slated. The avemlents of paragraph 14 are specifically denied and proof thereof is demanded at trial. 15. Denied as stated. The avemlenls of paragraph 15 are specifically denied and proof thereof is demanded at trial. NEW MATTER 16. Paragraphs I through 15 arc incorporated herein by reference as if set forth in full. 17. Plaintiff's claim is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 18. Plaintiff's claim is barred. in whole or in part. by the selection of the limited tort option and applicable policies of insurance. f)\lcunU'nl fl. 1123f,I.,l,1 -2- ~:."'.\' ,;. :.\~ -I'~::' -,' :,', ,'fl, :', ''''j ,", r:.'>,\,,:','l'~": .<\: ~,.:", '1; ,> ,':."'\' ~,f~~"~~{~~ ''i;.:,~'~:.~;':.: .,~; "< ;~', ":'::""1-': ~'rr':'~'~, <<' ,.,:" ,~,~,l ,". ~~/', l:,~~,:'.\_' J~' . ;.::: "~', :-: Evan J. Kline, III J.D. #70283 GOLDBERG, KATZMAN & SIIIPMAN, P.C. 320 Murket Street p, O. Box 1268 Hurrisburg, PA 17108-1268 (717)234-4161 Counsel for Plaintiff THOMAS VALLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1999-02733 v. CIVIL ACTION - LAW WILLIAM D. BInNER, Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER 16. Paragraphs I -16 of the Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 17. Denied. The avennents contained in paragraph 17 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further :mswer, the Plaintiffs specifically deny each and every allegation contained in paragraph 17 of the Defendant's New Matter and specifically deny that the Plaintiffs' causes of action arc barred in whole or in part by the provisions of the Pennsylvania Vehicle Financial Responsibility Law. 18. Denied. The avemlents contained in paragraph 18 contain conclusions of law to which no responsive pleading is n:quired and they arc therefore denied. By way of further answer, the Plaintiffs specifically deny each and every allegation contained in paragraph 18 of the Defendant's New Maller and specifically deny thatlhe Plaintiffs' causes of action arc barred in whole or in part by the provisions of the selection of the limited tort option and applicable policies of insurance. 20. Denied. The averments contained in paragraph 20 contain conclusions of law to which no responsive pleading is required and they arc therefore denied. By way of further answer, the Plaintiff specifically denies each and every allegation contained in paragraph 20 of the Defendant's New Matter and specifically deny that the Plaintiffs' causes of action are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 21. Denied. TIle avernlents contained in paragraph 21 contain conclusions oflaw to which no responsive pleading is required and they are therefore denied. By way of further answer, the Plaintiff denies that he was careless, negligent and/or reckless in the operation of his vehicle, or that he was a cause in bringing about the accident in question lor any of the stated reasons. More specifically, the Plaintiff denies the following: a. the Plaintiff denies that he operated his vehicle at a speed in excess of the posted specd limit and unreasonable for the road and trallic conditions existing thereon. To the contrary, the Plaintiff operated his vehicle lawfully at all times and at a rcasonable speed and manner for the road and trallic conditions; b. the PlaintilTdenies that he failcd to maintain a propcr lookout on thc highway and to avoid striking Dcfcndam's vchicle which was stopped to the side of the eastbound lanc in an attcmpt to observe oncoming traffic. To the contrary, the Plaintiff 2 VERIFICATION I, Thomas Valle, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, infonnation and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. e.s. Section 4904, relating to unsworn falsification to authOri~ i ~~) ~~ z-- Thomas V Ie Date: 5. Accordingly, the Administratrix has the legal authority to act on behalfofthe Estate and to settle this matter. 6. Mr. Valle's two minor children, Thomas V. Valle (DOB: 1/8/90) and Ashley I. Valle (DOB: 12/22/91) are the sole heirs of the Estate. Such children are the grandchildren of the Administratrix. 7. Plaintiff filed this civil lawsuit against Defendant, William D. Bittner on or about. March 15, 2000. 6. In June 2002, Defendant, offered the the Administratrix $30,000 to settle the existing claim. 7. The Administratrix has carefully considered tltis offer and believes that accepting this offer is in the best interest of the Estate. 8. In exchange forthe payment of$30,OOO, the Administratrix on behalfofthe Estate will agree to sign a Gencral Relcasc of all claims arising from this incident. 9. From the settlement proceeds of$30,OOO, Administratrix requests this Honorable Court to approve the payment ofattomey's fees of$IO,OOO to Goldberg, Katzman & Shipman, P.C. 10. Plaintiff also requests this Honorable Court to approve the reimburscment to Goldberg, Katzman & Shipman, P.C. of costs advanced in this case in the amount of$I,477.23. 13. Because the Plaintiff death is unrelated to this claim, all proceeds will pass through the Estate. Therefore, no allocation between wrongful death and survival action is necessary. 12. Accordingly, from the net proceeds of$18,522.77, Administratrix requests this Honorable Court to approve payment of$18,522.77 to the Estate of Thomas Valle. 14. The parties also request that, upon approval of this Petition, the Court direct the Prothonotary to file both this Petition and the accompanying Order under seal. WHEREFORE, Piaintilfrespectfully requests this Honorable Court to approve this Petition for Scttlf.'lllent in accordance with the terms outlined in the Petition and to dircct thc Prothonotary to seal both this Petition and Order approving the proposed settlement. ;) ~- ~, , "). , c: , 1"': , : , . , .' ~:- \ '. -, 1-'. .. i = , 'j C.) C.:) <..) u p.; i . . < ~ x 8 ~ E ~ . . ~ . . ~ rn . 0 . . . < . : 0; . os . 0 . u . . ~ .. i ;: z . . . . . < . . 0 . 0 x . . . . . . . . N < . 0 .. g < ~ . ~ .: . " 0 0 . :<: . . . 0 . 0 .; . . ~ ii ~ . ~ < tl . ... 0 " ,........,.1<,.. (.OJ nltl 11'11, hAl~"'^" h. ....1I1t.MAN, i~:. "'" .......;.;;; -;~;;.. ';Uri I. v WI)1 ?' ..t~""", ....., .......",. ... '., Ij, ....,1< n',,,, U...""'..hl''''' '. '.f'''''''''' I' ..,.,.... 'fl,m I~'''''' I , I I I , , , I i i , I I ..- (') (~ C ,~~. ~:..-. U I .... N -' , ..:!.', , ! - ( C::... c..! 1 :.-1 " , ,.'oj / , .... ,. , l U .. , ...J.... , , , - , '. , , ~:J ,:".: U ,.