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Home My WebLink About99-03170ROBERT G. DERRICKSON, III, a ) minor, by LOYETTE AND ROBERT ) DERRICKSON, JR., parents and ) natural guardians, ) Plaintiffs ) VS. ) SHAUN A. BAER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO- 99- 31`7 (:) CIVIL TERM 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 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 PAPERS 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 DMICKSON.CAIPA IMAY I MUSK16 ROBERT G. DERRICKSON, 111, a minor, by LOYETTE AND ROBERT DERRICKSON, JR., parents and natural guardians, Plaintiffs vs. SHAUN A. BAER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99- 31'7 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiffs, Robert G. Derrickson, III, a minor, by Loyette and Robert G. Derrickson, Jr., parents and natural guardians, by and through their attorney, Michael L. Bangs, Esquire, who files this Complaint and in support thereof avers the following: 1. Plaintiff, Robert G. Derrickson, III, is a minor who was born on September 30, 1981, as is 17 years of age, and who resides with his parents at 80 Old Quaker Road, Etters, York County, Pennsylvania. 2. Plaintiffs, Loyette and Robert G. Derrickson, Jr., are adult individuals and the parents of minor Plaintiff who reside at 80 old Quaker Road, Etters, York County, Pennsylvania. 3. Defendant, Shaun A. Baer, an adult individual whose last known address was 59 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 4. The within-referenced accident occurred on June 4, 1997, at Zimmerman Drive near Gettysburg Road, Cumberland County, Pennsylvania. 5. At all times relevant hereto, Defendant was the owner and operator of a 1986 Nissan Pickup Truck, Pennsylvania Registration No. 2T-08231. G. On June 4, 1997, Defendant was operating his vehicle and Plaintiff was a passenger in the rear seat when Defendant negligently, recklessly, and carelessly cut across and in front of another vehicle on Zimmerman Drive causing the Defendant's vehicle, which was traveling at an excessive rate of speed, to impact with a curb, roll over several times before hitting a stop sign and finally coming to rest, all of which caused serious and severe injury to minor Plaintiff. 7. Minor Plaintiff sustained serious, severe and permanent injury and serious impairment of bodily function to his head, face and body and has suffered and will continue to suffer in the future. 8. The within referenced accident was the sole responsibility of Defendant and no fault of Plaintiff. COUNTI NEGLIGENCE 9. Paragraphs 1 through 8 are incorporated herein by reference as though more fully set forth herein. 10. Defendant's negligence was the sole cause of this accident, such negligence consisting of the following: A. Traveling at an excessive rate of speed; B. Failure to be observant to the then-existing traffic conditions of the roadway and maintaining control of his vehicle; C. Failure to keep his vehicle under proper and adequate control; 1) D. Driving recklessly, carelessly and without regard to other vehicles on the roadway; E. Operating his vehicle too fast for conditions; P. Cutting in front of and striking another vehicle causing Defendant to lose control of his vehicle; G. Failing to comply with the provisions of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles. 11. Solely as a result of Defendant's negligence, minor Plaintiff sustained serious, severe and permanent injury and severe impairment of bodily function to his head, face, and body, including, but not limited to, multiple facial abrasions; serious permanent disfigurement; scarring; abrasions to his back and lacerations; closed head injury; frontal subdural hematoma; pericarditis; pericardial friction rub; and chronic headaches, lumbar and cervical sprain and strain. 12. As a direct and proximate result of Defendant's negligence, minor Plaintiff has been required to undergo hospitalization and medical care and will be required to undergo hospitalization and medical care in the future. 13. As a direct and proximate result of Defendant's negligence as set forth above, minor Plaintiff has been prevented and will continue to be prevented from engaging in his usual day to day activities, studies, schooling, avocation, and occupation. 14. As a direct and proximate result of Defendant's negligence, minor Plaintiff has suffered in the past and will suffer in the future great pain, shock, anxiety, humiliation and loss of life's pleasures. 15. As a direct and proximate result of the Defendant's negligence as described above, Plaintiffs Loyette and Robert G. Derrickson, Jr., have in the past and will in the future be required to expend funds for hospitalization and medical care and treatment of minor Plaintiff. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000.00. Respectfully submitted, r L /' %' MICHAEL L. BANG Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 YEWEICATION We hereby verify that the statements made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: ,CGS F- LO TTE DERRICKSON ROBERT G. JR. ? m a L Ln C4 a3 ? ? o a W C r W ` o $ J U e o w Fi U SHERIFF'S RETURN - REGULAR CASE NO: 1999-03170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DERRICKSON ROBERT G III ET AL VS. BAER SHAUN A CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon BAER SHAUN A _ the defendant, at 20:15 HOURS, on the 3rd day of June 1999 at 59 ROLO COURT MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to JESSICA HEMPERLY (FIANCE) 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: So answer Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 8.00 $$ ahi i ??06C/07/L BAN by e u e i Sworn a 7d subscribed to before me this 4A& day of ( l? 19 ?jG1 A . D . f (1 ROBERT G. DERRICKSON, III, a minor, : IN THE COURT OF COMMON PLEAS by LOYETTE and ROBERT : OF CUMBERLAND COUNTY, DERRICKSON, JR., parents and : PENNSYLVANIA natural guardians, Plaintiffs V. SHAUN A. BAER Defendant TO THE PROTHONOTARY: NO.99.3170 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE Please enter the undersigned's appearance on behalf of the Defendant, Shaun A. Baer, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER i r B Y: Matthew R. Gover Attorney I.D. #47593 301, Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 r: l CQ m to co O j co 1 m Q = n o o i Q mm o < m j J = W I ¢ O N O2z Nmz N O W "w 0 w a a Q 4 Y U Z a a m p N 1 Q i NM?p1W•Y9R110•HwIpO•n Ul[p OY wYOi ]yl'lyyrylYMYIINI ?plYlG1H IO NDIGINO Y lY'Jp14YlG \1G ROBERT G. DERRICKSON, III, a minor, by LOYETTE and ROBERT DERRICKSON, JR., parents and natural guardians, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99.3170 CIVIL TERM V. SHAUN A. BAER Defendant : JURY TRIAL DEMANDED TO: Robert G. Derrickson, III, a minor, by Loyette and Robert Derrickson, Jr., parents and natural guardians, and their attorney, Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 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. Respectfully submitted, NE Al MGV Matth w R. Gover Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 ROBERT G. DERRICKSON, 111, a minor, by LOYETTE and ROBERT DERRICKSON, JR., parents and natural guardians, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99.3170 CIVIL TERM V. SHAUN A. BAER Defendant : JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, Shaun A. Baer, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer to Plaintiffs' Complaint with New Matter: 1.-5. Admitted. 6.-8. Denied pursuant to Pa.R.C.P. 1029(e). COUNTI NEGLIGENCE 9. Paragraphs 1 through 8 of Defendant's are incorporated herein as if set forth in full. 10. Denied pursuant to Pa.R.C.P. 1029(e). 11.-15. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. WHEREFORE, Defendant, Shaun A. Baer, respectfully requests that the Complaint be dismissed. NEW MATTER 16. Paragraphs 1 through 15 of Defendant's are incorporated herein as if set forth in full. 17. Plaintiffs' claims may be barred in whole or in part by application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Shaun A. Baer, respectfully requests that the Complaint be dismissed with costs. Respectfully submitted, NEALON & GOVER By: I-- attew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 VERIFICATION I, SHAUN BAER, verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G- G SHAUN BAER CERTIFICATE OF SERVICE AND NOW, this I t" day of July, 1999, 1 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 mails, postage prepaid, addressed to: Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 V'e? Ma hew R. Gover Esquire L1 ? CJ N N tt to 0 0 Q x n o - a N z 'xo Yt! } W X )- (t Z o z 0° z N ¢ O W J u p a s P t§ Z a Q E m ? p N a s NMNIIe•AON{(e•lOfclr4•p Klm ob wYnf 'TY1'IYHINIYNYIINI YIIYIL 11Y M NtMC?N11 Y'A'VIl IIY.[ 11Y VIIRRIMMN ANSWIIR M KW AIAM:R I AUUl1:T 4. 1.I RISK Il r. ROBERT G. DERRICKSON, III, a minor by LOYETTE and ROBERT DERRICKSON, JR., parents and natural guardians, Plaintiffs VS. SHAUN A. BAER, Defendant IN THE COURT 01. COMMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 3170 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTE 16. No answer required, 17. Denied. It is specifically denied that Plaintiffs' claims are barred in whole or in part by the application of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Plaintiffs demand judgment against Defendant in accordance with the Complaint filed herein. Respectfully submitted, MICHAEL L. BANGS / Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 n[RRIMWN ANSWER M NCW MA=..R IAUGUM. Plaq nlSN 17 CERTIFICATE OF SERVICE. i HEREBY CERTIFY that I have this day served the foregoing Answer to New Matter by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Matthew R. Gover, Esquire Nealon & Gover 301 Market Street, 9°i Floor Harrisburg, PA 17108-0865 / I,I19? DATE:J WENDY S. C ESBRO Paralegal C? , ? ' L.: •:) r. i. i a N O 5 F ? S ? 2 G p3: ' a ,. a ? ? J a? h W > .. O c H < c V M ? ? _ I~?1 Li ROBERT G. DERRICKSON, III, a minor, by LOYETPE and ROBERT DERRICKSON, JR., parents and natural guardians, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99-3170 CIVIL TERM V. SHAUN A. BAER Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, Attorney I.D. fAdA3 302 South 18' Street Camp Hill, PA 17011 (717) 730-7310 ?.n r ['a L _'' i ?'i 4.)