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HomeMy WebLinkAbout03-4252BETTY GRAB and JAMES GRAB, Plaintiffs KEITH WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 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 cla'nned 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. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnnientes, 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 torte 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 notificaeion 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 O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 263951. I'tDLLhMTG BETTY GRAB and JAMES GRAB, Plaintiffs KEITH WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Betty and James Grab, citizens of the Commonwealth of Pennsylvania, are adult individuals who reside in Dauphin, Dauphin County, Pennsylvania. 2. Defendant Keith Willis is a citizen of Connecticut and resides at 10 Deerfield Road, Waterford, Connecticut 06385. 3. The facts and occurrences hereinafter related took place on or about November 4, 2001, at approximately 2:00 p.m. on Route 11/15, near the intersection of Route 11/15 and Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Mrs. Grab was a front-seat passenger in a 1999 Toyota Camry being operated by her husband, Plaintiff James Grab. 5. Mr. Grab had been operating his vehicle in a northern direction on Route 11/15 in the extreme right lane and came to a stop south of the intersection of Route 11/15 and Dickinson Avenue. 6. At the same time, Defendant Keith Willis was operating a 1998 Ford F-150 pick-up track directly behind Mr. Grab's Toyota Camry. 7. Defendant Willis failed to stop his vehicle in sufficient time, causing the front of his vehicle to collide into the rear of Mr. Grab's stationary Camry. 263951.1 ~DLLkMTG 8. The foregoing accident and ail of the injuries and damages set forth hereinafter sustained by Mrs. Grab are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Mr. Willis operated his motor vehicle as follows: a) failure to keep aiert and maintain a proper watch for the presence of other motor vehicles on the roadway; b) failure to keep a proper distance between vehicles so as to be able to stop within the assured clear distance ahead; c) failure to apply his brakes in sufficient time to avoid striking the rear of Mr. Grab's vehicle; and d) driving his vehicle upon the roadway 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 Betty Grab v. Keith Willis 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference. 10. As a result of the subject motor vehicle accident, Plaintiff Betty Grab sustained painful and severe injuries which include, but are not limited to, chronic cervical strain that has caused an aggravation of her asymptomatic pre-existing arthritic condition, a straightening of the normal lordosis of the cervical spine, and chronic cervical myofascial pain syndrome. 263951.1 ~DLLWITG 2 11. By reason of the aforesaid injuries sustained by Mrs. Grab, she was forced to incur liability for medical treatment, physical therapy, medication, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Mrs. Grab has been advised and therefore avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Mrs. Grab has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned injuries, Mrs. Grab has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 15. Mrs. Grab continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II James Grab v. Keith Willis 16. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference. 17. As a result of the aforementioned injuries sustained by his wife, Plaintiff Betty Grab, Plaintiff James Grab has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. 263951,1 ~DLL~VlTG 3 WHEREFORE, Plaintiffs Betty and James Grab demand judgmem against Defendant Keith Willis in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of imerest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Date: ANGINO & ROVNER, P.C. Davi~d. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 263951.1 ~DLLklVlTG 4 VERIFICATION We, Betty and James Grab, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set for~_h in the foregoing are 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 unswom falsification to authorities. WITNESS: Dated: 263951.1 ~DLLLMTO (~ BETTY GRAB and JAMES GRAB, Plaintiffs, KEITH WILLIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Keith Willis, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER, P.C. Date: ¢~/(~-~ Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE: AND NOW, this /~day of September, 2003, I hereby certify that I have served the foregoing PRAEClPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Andrew C. Lehman, Esquire BETTY GRAB and JAMES GRAB, Plaintiffs KEITH WILLIS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03-4252 CIVIL TERM JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 2nd day of September, 2003, a tree and correct copy of the Complaint was mailed to Defendant Keith Willis., via ce~ified mail, return receipt requested, at 10 Deerfield Road, Waterford, CT 06385. A copy of the certified mail receipt No. 7000 1530 0002 0154 8839 is attached hereto. RETURN OF SERVICE This is to certify that on the 6th day of September, 2003, the Complaint was served upon Defendant Keith Willis, via certified mail, return receipt requested, at the above-noted address. A copy of the signed return receipt No. 7000 1530 0002 0154 8839, is attached hereto. Sworn to and subscribed bafore me this L_~_~ day of ~'> ~,~, 2003. My cornmissionexpires: p~h~l~x clt ~.~SD(.o NOTARIAL SEAL I BRY1)ON H. LIDLE, III, NOTARY PUBLIC I CITY OF HAP,~RISBURO, DAUPHIN COUNTY I~ COMMI$~ION EXPIRES MARCH 4. 200t51 265988. BDLLWITG m m Postage $ Certified Fee Return Receipt Fee tStreet, Apt. No.; or PO BOX ~i · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addmsssd to: 2. Article Number (Transfer from service label) A. Signature Receiv~j~J~.~ted Name) C. Date of Delivery ~-C;~q~'~ [] Ex lmss Mail [] Registered ~ [] Insured Mail , . . 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law finn of Angino & Rovner, P.C., do hereby certify that I am this day serving a tree and correct copy of the AFFIDAVIT/RETURN OF SERVICE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant Mary T. (¢raets . 265988.1 ~DLL~MTG BETTY GRAB and JAMES GRAB, Plaintiffs, V. KEITH WILLIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Betty and James Grab, and their attorney, David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 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 submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 BETTY GRAB and JAMES GRAB, Plaintiffs, V. KEITH WILLIS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4252 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER 1. Admitted upon information and belief. 2. It is admitted that Keith Willis is a citizen of Connecticut who has a residential address of 10 Deerfield Road, Waterford, Connecticut, however, he currently resides in East Lime (Niantic), Connecticut. 3. Admitted. 4. Admitted upon information and belief. 5.-7. Denied as stated. However, it is admitted that on November4, 2001 at approximately 2:00 p.m., on Route 11/15 near its intersection with Dickinson Avenue in Camp Hill Borough, Cumberland County, Pennsylvania, as Plaintiffs were occupying a vehicle traveling in a northerly direction on Route 11/15, the rear of their vehicle was impacted by the front a 1998 Ford F-150 pickup truck being operated by Defendant, Keith Willis. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). 8. Said Paragraph and all its subparts are denied pursuant to Pa.R.C.P. 1029(e). CLAIM I Betty Grab v. Keith Willis 9. Paragraphs 1 through 8 are incorporated herein by reference thereto as if set forth at length. 10.-15. Denied as 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. Any remaining averments contained in these Paragraphs are denied pursuant to Pa.R.C.P. 1029(e). CLAIM II James Grab v. Keith Willis 16. Paragraphs 1 through 15 are incorporated herein by reference thereto as if set forth at length. 17. Denied as 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. NEW MATTER 18. Paragraphs 1 through 17 are incorporated herein by reference thereto as if set forth at length. 19. Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Keith Willis, respectfully Complaint be dismissed with costs as allowed by law. Date: Plaintiffs' claims may be barred in whole or in part by operation of the requests the within Respectfully submitted, NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. Cf: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 3 VERIFICATION I, KEITH WILLIS, 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. Date: ITH WILLIS CERTIFICATE OF SERVICE AND NOW, this ~;~d~y of September, 2003, I hereby cer[ify 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: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Andrew C. Lehman, Esquire BETTY GRAB and JAMES GRAB, Plaintiffs KEITH WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03-4252 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discominued. ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney :for Plaintiffs 265181. i~DLLLMTG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew Lehman, Esquire 2411 North Front Street Harrisburg, PA 17110 Attorney for Defendant 265181.1 ~DLL~VITG