The URL can be used to link to this page

Home My WebLink About99-041384fy p..u' SF s Nis ti .y ?C rir? f,L n w k y k? f17 ri f s1 W. KEITH MILLER and JILL IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs , VS. CIVIL ACTION - LAW PAUL SHAMITKO, NO. 97 Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3116 (800) 990-9108 ORIGINAL 151656/LCl KEITH MILLER and JILL MILLER, Plaintiffs VS. PAUL SHAMITKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones 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 previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3116 (800) 990-9108 KEITH MILLER and JILL MILLER, Plaintiffs VS. PAUL SHAMITKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 9_ q13 £ &,-p i. - JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Keith and Jill Miller, husband and wife, are adult individuals who reside at 173 Hickory Road, Dillsburg, York County, Pennsylvania. 2. Defendant Paul Shamitko is an adult individual who resides at 258 Collier Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about July 3, 1998, at approximately 2:30 p.m. on Chestnut Street, at the intersection of Chestnut Street and East Harrisburg Street, Dillsburg, York County, Pennsylvania. 4. At that time and place, Plaintiff Keith Miller was operating his wife's motor vehicle, a 1985 Pontiac 6000. Before the accident, Mr. Miller was stopped on Chestnut Street preparing to turn left onto East Harrisburg Street. 5. At the same time, Defendant Paul Shamitko was operating a 1980 Chevrolet C-10 travelling northbound on South Chestnut Street. 1 6. Defendant Paul Shamitko was unable to stop his vehicle and collided into the rear of Mr. Miller's vehicle. 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Keith and Jill Miller are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Paul Shamitko operated his motor vehicle as follows: a. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; b. failure to abide by the assured clear distance ahead; c. failure to keep a proper watch for traffic stopped on the roadway; d. failure to keep proper and adequate control over his vehicle; and e. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Keith Miller v. Paul Shamitko 8. Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 9. Plaintiff Keith Miller sustained painful and severe injuries which include but are not limited to neck strain, sprain of the right wrist, and mid-back cervical spine pain. 10. By reason of the aforesaid injuries sustained by Keith Miller, he was forced to incur liability for medical 2 treatment, physical therapy, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 11. Because of the nature of his injuries, Keith Miller has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 12. As a result of the aforementioned injuries, Keith Miller has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 13. As a result of the aforesaid injuries, Keith Miller has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 14. As a result of the aforementioned injuries, Mr. Miller has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 15. As a result of the aforesaid injuries, Mr. Miller has sustained uncompensated work loss, and claim is made therefor. 16. Keith Miller continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 3 ? 11 X u j. n! X11 Cump Taint are :b. riurementluiied injuries sustained by Li r h?;i;lt;n, l.u "' 1ait.tifP Jiii Miller has } cr: ur 1 in.; .. e'T of the care, companionship, orl r?rr ?wu ,nd so Y of which will. be to her great de?rLncui., aad - . -??JAN m'd(- Clli__ 6 'e?Gr vJHllti•:Fc>kh', bi?i.nci.'.t Y,ec1Ci? and .;i.ll. Miller demand judgment .ty?:tir St L,_f?:ldurlt: 1 ? • amount ir. excess of I}(,u.,una r..` OUG r Twenty- Five . UO; ,,?i!ut s, erciusive of interest and costs and in exc ?s uf. any u!1Udict_ur,aI arnuunt requiring compulsory Delcd: ANGSNC, & ROVNER, P.C. j , i avid L. Lutz, T - Esqu - . D. #135956 4503 N. Front Street Harrisbura, PA 1,7110 (717) 238-6791 CC>Urise J. for Plaintiffs VERIFICATION We, Keith and Jill Miller, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing a :re true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: Keith Miller Jill/Miller Date: 1 J; U ?y s 6 hJ CL'i: = 1?] U C V 5 ?C C yy? VMS ,1 ?j KEITH MILLER and JILL MILLER, Plaintiffs V. PAUL SHAMITKO, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. 99-4138 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED Please enter the undersigned's appearance on behalf of the Defendant, Paul Shamitko, with regard to the above-captioned matter. Respectfully submitted, NEALON & COVER B James G. Nealon, III, Esquire Atty. I.D. 946457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 AND NOW, this 9" day of August, 1999, 1 hereby certify that I have served the foregoing Praecipe entering my appearance on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 James G. Nealon, III, Esquire Dated: N N O 1 O W p Q = n r 08 m N a C90a m N w <w 0 Z O z m m z d a (t a O a J W O w 0 m 0 N 17 6 i ']HI'hMWYNYLMI JIYUIF 0 NO9WO Y TTT 31V13 '11Y SHERIFF'S RETURN - REGULAR CASE NO: 1999-04138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER KEITH ET AL VS. SHAMITKO PAUL DAVID MCKINNEY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon SHAMITKO PAUL the defendant, at 20:29 HOURS, on the 21st day of July 1999 at 258 COLLIER DRIVE MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to GAIL SHAMITHO (MOTHER) 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 answers Docketing 18.00 Service 4.96 Affidavit Surcharge 8.00 FBI omas ine, ra $3IT?36 ANGI %1999OVNER by e7. u 5 eri Sworn and subscribed to before me this 2 3.tA day of 19 A. 1). rotnonota KEITH MILLER and JILL MILLER, Plaintiffs V. PAUL SHAMITKO, Defendant TO: Keith Miller and Jill Miller, and their attorney, David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-4138 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD 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 admission. Failure by you to do so may constitute an Respectfully submitted, & GOVER Date: 08/12/99 Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 KEITH MILLER and JILL MILLER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99.4138 PAUL SHAMITKO, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Paul Shamitko, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1.-5. Admitted. 6.-7. Denied pursuant to Pa.R.Civ.P. 1029(e). CLAIM I KEITH MILLER V. PAUL SHAMITKO 8. Paragraphs 1 through 7 of Defendant's Answer are incorporated herein by reference thereto. 9--16. Denied. 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. CLAIM II JILL MILLER V. PAUL SHAMITKO 17. Paragraphs 1 through 16 of Defendant's Answer are incorporated herein by reference thereto. 18. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Defendant Paul Shamitko, respectfully request that the Complaint be dismissed with costs of this action. NEW MATTER 19. Paragraphs 1 through 18 of Defendant's Answer are incorporated herein by reference thereto. 20. Plaintiffs' claims are barred in whole or in part by application of Pennsylvania Motor Vehicle Financial Responsibility Act. Respectfully submitted, NEALON & GOVER M'atth6w R: Gower, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 2 I, Paul Shamitko, verify that the statements made in the foregoing Answer is 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. PAUL SHAMITKO Dated: CERTIFICATE OF SERVICE AND NOW, this 12th day of August, 1999, 1 hereby certify that f 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: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 Matthe R. over Esquire N N rc N O M 4 a 0 o a a m N Q u < m x J N W W I ¢ O N F M 2 O V N O W J wo 0 W a a z a f m Q N N 2 rc Q I WMIU-Agf LW-1M11Q-191fL ? :'ON WYOI ']NI'1YNglYNYLNI NilY1Y'llY N NgG4q Y TOiI 11Y1911v KEITH MILLER and JILL MILLER, Plaintiffs VS. PAUL SHAMITKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 99-4138 Civil JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: cc Matthew Gover, Esquire 41% David L. tz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs ORIGINAL 207296.1\DLL\MTG