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Home My WebLink About03-4369William P. Douglas, Esq. Supreme Court LD. #37926 Douglas, Douglas & Douglas 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 Mitchell E. Schappell In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania v$ Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 Defendant No. 03m ~ Civil Term Civil action law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendant, Robert C. Kerstetter. date: September 5, 2002 William P. Douglas,~sq. Attorney for Plain~f .1. Commonwealth of Pennsylvania County of Cumberland Mitchell E. Schappell In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 To: Defendant Civil action law Jury Trial Demanded Writ of Summons Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 C) You are hereby notified that Mitchell E. Schappell has brought an action against you. date: September 5, 2003 William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-043619 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLanD SCHAPPELL MITCHELL E VS KERSTETTER ROBERT C R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT KERSTETTER ROBERT C but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On September 23rd , 2003 attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 09/23/2003 DOUGLAS LAW OFFICE Sworn and subscribed to before me this 2~t day of ~.~ ~ A.D. Prothonotar~ · ' this office was in receipt of the answers: ~. Sheriff of Cumberland County In The Court of Common Pleas of CumberLand County, Pennsylvania Mitchell E. Schappell VS. Robert C. Kerstetter SERVE: s~ne No. 03-4369 civil Now, sept~ber 9, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dau~in County to execute this Writ, this deputation being made at 'the request and risk of the Plaintiff. Sheriff of cumberland County, PA Now, upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERViCE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Clfief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:September 15, WRIT OF SUMMONS KERSTETTER ROBERT C to CATHERINE KERSTETTER (MOTHER) of the original WRIT OF SUMMONS to him/her the contents thereof at : SCHAPPELL MITCHELL E vs : KERSTETTER ROBERT C Sheriff's Return No. 2446-T - -2003 OTHER COUNTY NO. 03 4369 2003 at 10:10AMserved the within upon by personally handing 1 true attested copy(ies) and making known 1058 PINE STREET MIDDLETOWN, PA 17057-0000 Sworn and subscribed to )efore me this 15TH day of SEPTEMBER, 2003 So Answers, Sheriff of ~up. hin County, Pa. Deputy Sheriff Sheriff's Costs: $29.25 PD 09/12/2003 RCPT NO 182682 T FRITZ MITCHELL E. SCHAPPELL, Plaintiff, ROBERT C. KERSTETTER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4369 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED _PRAECIPE FOR ENTRY OF APPEARANCi TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Robert C. Kerstetter, 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 SERVICF AND NOW, thisJ~day of November, 2003, I hereby cer[ify that I have served the foregoing PRAECIPE 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: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013 Andrew C:, Lehman, Esquire MITCHELL E. SCHAPPELL, Plaintiff, ROBERT C. KERSTETTER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4369 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THEPROTHONOTARY: Please issue a Rule upon the Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. Respectfully submitted, Date: NEALON & GOVER, P.C. Andrew C. Lehman, Esquire I.D. Cf: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RULE TO THE PLAINTIFF: A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service of this Rule or suffer a judgment of non pros. DATE D: ~:~t~'U~~ d-*~3 -~-~:~ 2~ Prothonotary ' DOUGLAS LAW OFFICE 27 W. HIGH ST. I*OB 261 CA~LISLE FA 17013 TELEFHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 Mitchell E. Schappell In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 Defendant No. 03--- 4369 Civil Term Civil action law 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE CO'URT YOUR DEFENSES OR OBJECTIONS TO TIlE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-24%3166 DATE: December 18, 2003 ° 5. 6. 7. Complaint The plaintiff, Mitchell Schappell, is an adult individual residing at 1160 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. The Defendant, Robert C. Kerstetter, is an adult individual residing at 1058 Pine Street, Middletown, Dauphin County, Pennsylvania. On or about, September 7, 2001, the plaintiff was a pedestrian in the Farm Show Arena parking lot located along Cameron Street in Dauphin County, Pennsylvania. At about the same time and place, the defendant was operating his vehicle in said parking lot. The defendant was operating his vehicle in an area that was closed to vehicle traffic of which the defendant had been imformed. The defendant struck the plaintiff with his vehicle and the impact occurred as a direct and proximate result of the defendant's negligence. The defendant was negligent in the following respects: a) failing to maintain a proper lookout; b) failing to drive within the assured dear distance ahead; c) falling to operate her vehicle in a safe and prudent manner; d) failing to stop his vehicle before he collided with the plaintiff. As a direct and proximate result of the negligence of the defendant the plaintiff was injured, his injuries, and/or aggravation of his pre-existing condition(s), include but are not limited to: a) b) c) injury to his nerves and nervous system; injury to his arm and supporting structures; chronic pain and discomfort; o As a result of his injuries, the plaintiff has incurred medical expenses in the past and may continue to incur the same itt the future in amounts in excess of that covered by the Pennsylvania Motor Vehicle Financial Responsibility Act. 10. As a result of his injuries, the plaintiff has inctmted pain and suffering and may continue to incur the same in the future. 11. As a result of his injuries the plaintiff has incurred aggravation, inconvenience, possible future disfigurement, disability, and a loss of life's pleasures, and may continue to incur the same in the future. 12. As a result of the injuries the plaintiff sustained on September 7, 2001, the plaintiff may have lost wages and the plaintiff's economic horizons may be limited. Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the defendant in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. December 18, 2003 Respectfully submitted, William P. Douglas, E~sq. Attorney for Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. !~4904 relating to unswom falsification to authorities. Date: December 18, 2003 William P. Douglas, Ei~l. Attorney for plaintiff MITCHELL E. SCHAPPELL, Plaintiff, V. ROBERT C. KERSTETTER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4369 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: NOTICE TO PLEAD Mitchell E. Schappell c/o William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013-0261 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, NEALON & GOVER, P.C. Date: By: ~'~i'~ Andrew C. Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 MITCHELL E. SCHAPPELL, Plaintiff, V. ROBERT C. KERSTETTER, De~ndant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 03-4369 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Admitted based upon information and belief. Admitted. 3. Admitted. 4. Admitted. 5. Denied, to the contrary, the area in which Defendant was operating his vehicle was open to vehicular traffic for persons who were working in the Pennsylvania Farm Show Complex. 6. Denied as stated, however it is admitted that the Plaintiff walked in front of Defendant's vehicle in such a manner that Defendant was unable to stop his vehicle without making contact with Plaintiff's person. Any remaining averments contained in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 7. Said paragraph and all of it subparts are denied pursuant to Pa.R.C.P. 1029(e). 8.-12. Denied. After reasonable investigation Answering Defendant is without sufficient knowledge or information 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). NEW MATTER 13. Paragraphs 1 through 12 are incorporated herein by reference there as if set forth at length. 14. Plaintiff's claims may be barred in whole or in part by operation and application of the Pennsylvania Motor Vehicle Financial Responsibility Act. 15. Plaintiff's claims may be barred in whole or in part by Plaintiff's comparative negligence pursuant to the Pennsylvania Comparative Negligence Statute. WHEREFORE, Defendant respectfully requests that within Complaint be dismissed with costs as allowed by law. Date: Respectfully submitted, NEALON & GOVER, P.C. ~--Andrew C Lehman, Esquire I.D. #: 81937 2411 North Front Street Harrisburg, PA 17110 717/232-9900 VERIFICATION I, Robert C. Kerstetter, verify that the statements made in the foregoing Answer 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: !2 - Z?-a5 Robed C. Kerstetter CERTIFICATE OF SERVICF AND NOW, this ~,o day of January, 2004, 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: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 West High Street Carlisle, PA 17013 ndrew C Lehman, Esquire William P. Douglas, Esq. Supreme Court LD. #37926 Douglas, Law Office 27 W. High St. Carlisle, PA 17013 Telephone (717) 243-1790 MITCHELL E. SCHAPPELL vs ROBERT C. KERSTETTER Plaintiff Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03-4369 CIVIL ACTION LAW JURY TRIAL DEMANDED Plaintiff's Re ll Y 9_ Defendants' New Matter 13. The original allegations of the complaint are incorporated herein by reference. 14. Denied. Denied as a legal conclusion to which no response is necessary. 15. Denied. Denied as a legal conclusion to which no response is necessary. WHEREFORE, it is prayed that the Answer and New Matter of the defendant be dismissed and judgment entered in favor of the plaintiff. Date: January 12, 2004 WILLIAM P. DeLtAS Attorney for l~intiff Affidavit This verification is made pursuant to Pa.R.C.P 1024(c) by counsel for the plaintiff. To the best of the signer's knowledge, information and belief, the foregoing is true and correct. January 12, 2004 William P. Douglas~ Attorney for plaintif~ DOUGLA~ LAW OFFICE 27 W. HIGH ST. POB 2~1 CARLISLE PA 17013 TELEPI~ONE 717-243~17~0 WILLIAM p. DOUGLAs, ESQ. Supreme Court I.D.# 37926 Mitchell E. Schappell VS Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03-- 4369 Civil Term Civil action law Jury Trial Demanded Plaintiff's Response to Request for Admissions and Answers to Interrogatories o Admitted. It is admitted that the accident in question occurred on September 7, 2001. Denied as stated. It is admitted that on September 7, 2001, the plaintiff was the owner of 1986 GMC Jimmy S 1500 which had the transmission removed from the vehicle rendering it inoperable as a motor vehicle as it was on cinder blocks and incapable of being self-propelled. It is denied that the vehicle was registered. The registration had expired and was not renewed. Denied as stated. Pursuant to the recommendation of the plaintiff's insurance agent, on September 4, 2001, the policy in question was allowed to lapse because the vehicle was inoperable and incapable of being self- propelled, and the registration was expired. Denied as stated. It is admitted that on September 7, 2001, · · was the owner of 1986 GMC Jimmy S 1500 which had the ~ahne.~p-?an'tiff sreell~_ ' ' · · o~mlSSlOn ;;~e~d,~o~m ,~ vae~_cl,e ~e~n~d~,ering,i! 1,noperable mad incapable of being -r ot-,-,,~,. ~[ l~ uemea mar me vehicle was registered. The registration had expired and was not renewed. In accordance with the aforesaid, it is admitted the 1986 GMC Jimmy was not insured on September 7, 2001. Denied. Incorporating the aforesaid, the plaintiff was not the owner of a currently registered motor vehicle as defined by statute and was a pedestrian at the time of the accident therefore the plaintiff is considered full tort in accordance with 75 Pa. C.S.A. §1701 et. seq. March31,2004 ,Respe~fully su~bmitted, William p. Douglas, E~I. Attorney for Plaintiff AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief This is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: March 31, 2004 William P. Douglas, Es~ Attorney :for plaintiff DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 Mitchell E. Schappell Plaintiff WILLIAM P. DOUGLAS, ESQ. Supreme Court 1.D.# 37926 In the Court of Common Pleas of Cumberland County, Pennsylvania VS Robert C. Kerstetter 1058 Pine Street Middletown, PA 17057 Defendant No. 03-- 4369 Civil Term CivS1 action law Jury Trial Demanded Praecipe to Settle and Discontinue Dear Mr. Long, Please mark the above captioned matter settled and discontinued. William P. Dougtaskesq. Attorney for Pla~tiff July 19, 2004