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Home My WebLink About04-0006IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL DIVISION xv.oyOG JACQUELINE BROWN, NO. 2003-SU- Plaintiff w V. CIVIL ACTION-LAW o JENNIFER L. HENCH, Tl Defendant JURY TRIAL DEMANDED= o CA NOTICE TO DEFEND `t Pursuant to PA RCP No. 1018.1 ,;ca ?c YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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. 17 7 11? V. .o.. ..ce.o...a C r. .,. 1? i LAWYER REFERRAL SERVICE OF THE YORK COUNTY BAR ASSOCIATION YORK COUNTY BAR CENTER 137 EAST MARKET STREET YORK, PENNSYLVANIA 17401 TELEPHONE: (717) 845-8755 IN THE COURT OF COMMON PLEAS OF YORK COUgqNTY???, PENNSYLVANIA 770. 0 `l - C 6 C-6 -4 l JACQUELINE BROWN, NO. 2003-SU- Plaintiff v. JENNIFER L. HENCH, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff, Jacqueline Brown, is an adult individual residing at 110 West High Street, Carlisle, PA 17013 2. The Defendant is an adult individual residing at 132 Liberty Avenue, Carlisle, PA 17013. 3. On June 11, 2001, Plaintiff was a passenger in a 1991 Dodge motor vehicle bearing Pa. registration plate DTD-8811, which was owned and operated by Katherine. J. Morrow. (Hereinafter "Plaintiff's vehicle"). 4. On June 11, 2001, the Defendant was the operator of a 1990 Mitsubishi motor vehicle bearing Pa. registration plate ECN-5477, which was owned by and used with the permission of Theresa Ehsminger. 5. On June 11, 2001 at approximately 12:25 p.m., Plaintiff's vehicle was being operating in a traffic way in the parking lot of the Weis grocery store located on East High Street in Carlisle, PA. 6. At that same time and place, the Defendant backed her vehicle from a parking spot into the traffic way and struck the passenger side of Plaintiffs vehicle resulting in injuries and damages to the Plaintiff. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. 9. The negligence of Defendant Hench consisted of the following; a: Failing to properly operate and control her motor vehicle; b: Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c: Operating her vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. §3714; d: Failing to observe the presence of Plaintiff's vehicle when Defendant knew or should have known of the presence of Plaintiff's vehicle; e: Backing her vehicle into the Plaintiff's vehicle; Violating 75 Pa. C.S. §3333; and g: Violating 75 Pa. C.S. §3702. 10. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to cervical strain/sprain, trapezius strain, left shoulder injury, headaches and a severe shock to her nerves and nervous system. 11. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered and she will continue to incur medical expenses in the future. 12. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may suffer, a severe loss of her earnings and impairment of her earning capacity and the loss of income and impairment of earning capacity will, or may continue in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTINE, P.C. Leah B. Graff, Esquire Attorney I.D. #29176 Two West Market Street P.O. Box 952 York, Pennsylvania 17405 (717) 846 - 0606 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.. 1?,y?G3 Date: c ine Brown n' C? lr? c'Tj l"J O J ? V C? (ll GiY IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA A& U 11.0 L L,,? 7_-,--- JACQUELINE BROWN, NO. 2003-SU-04863-01 Plaintiff V. CIVIL ACTION-LAW JENNIFER L. HENCH, JURY TRIAL DEMANDED ORDER Y? AND NOW this 3 day of ?2L, 2003, it is hereby ordered and decreed that venue in this case is transferred to the Court of Common Pleas of Cumberland County. Judge IDn i. rvi T:l.mi'?iv M1 A'. ?. N C> Li (-? ?? - T7 _ y ,. il7f- __ _ fT! V _ ?? J _ ?^ ? T -'1 .. t_.. r- .?,- in E'?. =? - r.? ?. ? . THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant JACQUELINE BROWN, Plaintiff V. JENNIFER L. HENCH, Defendant TO: Plaintiff and Counsel: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: k C,-V" Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: ;? If I ?0 y THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant JACQUELINE BROWN, Plaintiff V. JENNIFER L. HENCH, Defendant NO. 04-06 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant Jennifer L. Hench, by and through her attorneys, Thomas, Thomas & Hafer, LLP, and answer Plaintiff's Complaint as follows: 1. Admitted based upon information and belief. 2. Denied. The Defendant's address is 157 West Louther Street, Carlisle, Pennsylvania 17013. 3. Admitted on information and belief. 4. Admitted. 5. Denied as stated. It is denied that Plaintiff's vehicle was being operated in a "traffic way." On the aforesaid date and time that Plaintiff's vehicle was being operated in an aisle in the parking lot of the Weis grocery store located on East High Street in Carlisle, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 6. Admitted in part and denied in part. It is admitted that the Defendant backed her vehicle from a parking spot and that the Defendant's vehicle came into contact with the passenger side of Plaintiff's vehicle. As to the allegation that the Plaintiff was injured as a result of the minor contact between the two vehicles, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded. 7. Denied. The allegations in this paragraph are conclusions of law to which no response is required. 8. Denied pursuant to Pa.R.C.P. 1029(e). 9(a)-(g). Denied pursuant to Pa. R. C. P. 1029(e). 10. Denied. The allegations in this paragraph represent conclusions of law to which no response is required. As to the various injuries and damages alleged to be related to the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 11. Denied. The allegations in this paragraph represent conclusions of law to which no response is required. As to the various injuries and damages alleged to be related to the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 12. Denied. The allegations in this paragraph represent conclusions of law to which no response is required. As to the various injuries and damages alleged to be related to the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 264258-1 13. Denied. The allegations in this paragraph represent conclusions of law to which no response is required. As to the various injuries and damages alleged to be related to the incident, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to her. NEW MATTER 14. No conduct on the part of the Defendant was a substantial factor or factual cause in bringing about the injuries alleged by the Plaintiff. 15. Plaintiff's injuries and damage claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility law. 16. Some or all of Plaintiff's injuries and damages were or may have been due to pre-existing problems or subsequently occurring injuries or problems and not the subject accident. 17. Plaintiff has or may have failed to mitigate her damages. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed without cost to her. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 92 0LII-"Xk -1 Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: )It f to y 264258-1 VERIFICATION I, Jennifer L. Hench , hereby verify that I have read the foregoing Answer with New Matter to Plaintiff's Complaint and affirm that it is true and correct to the best of my knowledge, information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities; I verify that all statements made therein are true and correct and that all false statements made subject me to the penalties of 18 Pa. C.S. §4904. Date: iT u / 0.3 iniifer ench CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the I d y of r--,-- ?Vua? , 2004: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street Post Office Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP - By: C Kevin C. McNamara, Esquire 264258-1 C7 "' C'i - .c Ti rn -TI N C=C?! = ; na ?` r.? JACQUELINE BROWN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06 V. JENNIFER L. HENCH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQ MSITE TO SE M A SUBPOENA PtJRS JAIV t TO RULE 400.11 As a Prerequisite to service of a Subpoena for Documents and Things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. THO AS., THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D. Number: 72668 305 North ]Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Date: 31301641 285930.1 JACQUELINE BROWN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-06 JENNIFER L. HENCH, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOMAS, THOMAS & HAFER, LLP By Vn Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, Pa 17108-0999 (717) 237.7132 Attorney for Defendant Date: 282284.1 JACQUELINE BROWN, Plaintiff V. JENNIFER L. HENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Pinnacle Health -Polyclinic Hospital, 2501 N. 3rd Street, Harrisburg, PA 17110. (Name of Person or Entity) Within twenty, (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records regarding treatment rendered on behalf of JACQUELINE BROWN. SSN: 198-52-3722, D/O/B: 02/24/1968, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-rays or other diagnostics, diagnostic test results and reports without limitation. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought If you fail to produce the documents or things required by this subpoena, within twenty, (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: Kevin C McNamara Esquire ADDRESS 305 N. Front Street. P O. Box 999 Harrisburg. PA 17108 TELEPHONE: (717) 237-7132 SUPREME COURT ID No: 72668 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 282270.1 I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Date: 31t 0/6 y 282284.1 CERTIFICATE OF SERVICE I, R ick S tains, Jr., a P aralegal f or t he 1 aw f irm Thomas, T homas & H afer, LLP, h ereby certify that I have served a true and correct copy of the foregoing; document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. P.O. Box 952 York, PA 17405 Date: 3110110 y THOMAS, THOMAS & HAFER, LLP By:- Rick: Stains, Jr. Paralegal 285930.1 C'? t:" n.a 0 r O 'rv HIM 2r r :w _, W W ?7 TO THE HONORABLE, THE JUDGES OF SAID COURT: Kevin C. McNamara, Esquire , counsel for the Defendant, Jennifer L. Hench, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is less than the arbitration limit. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Leah B. Graff, Esquire. Kevin C. McNamara. Esquire, or any members of the firm of WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, THOMA , THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D. No. 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant Date: 6011710 7 298821.1 AND NOW, this day of ) P 2004, I, Rick Stains, Jr., Paralegal of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Leah B. Graff, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. P.O. Box 952 York, PA 17405 THOMAS, THOMAS & HAFER, LLP By: Rick Stains,-Ur., Paralegal 298821.1 T Cv C ? ? 17' Cllr Y c -' ? -? ` C..) :i:7 JACQUELINE BROWN, Plaintiff vs. JENNIFER L. HENCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, :L.- 2004, in consideration of the foregoing petition, Esquire, ( Lm x4'efi4G Es uire, and q Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: P J. 298821.1 '?, 1'' ????? ? ?. ? '.. h ? J)Ac-aJCZd1J6 QIQC)u)N, p??(?j-n r-r- J, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04--06 TERM OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. AWARD We, the undersigned arbitrators, having been duly appointed and swom (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) wE rtWy) l /`( t-? aF ltv-'/1 IJ v?4? ?,VE /PcZt&7- ? sbJdr? B3 - ?L+4trJTFF L)IA . Arbitrator, dissents. (insert na Date of Hearing: 1 ?C? Date of Award: 7/36 6y NICE ?OF ENTRY OF AWARD Now, the .ZL??y of ..1 ?? _ 206y, at k.M., the above award was entered upon the docket and notice thereof given 1?j mail to the pulties or thAr attorneys. Artibitrators'compensation to be Paid upon appeal: Prothonotary $ 290.00 Cosy ?v e ? . Qvf y in`( ?o G' Fez-(' n o j ,T" ri _ Cr7 ? --?i f"a r p m ca ? o b? r" -r (., ? iTl .!7 36--& )LS7U#JS (31kpu)A) Plaintiff J@i/? t FgDP L- Gl?a/ Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. M - 66 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Cons ' tion of this Commonwealth and that we will discharge the duties of our office with fidelity. -? 6FWV'Z4 Signature 9ktt If Gf. SPA Name (Chairman) s-tv" c/ce 611Nw -t- Law Firm Yq W. &-Uk(&U s"r Address Signature S LbK 5, 512 a?l Name k6Pd5P -t-AA&R Law Firm a3?3 ( 640w rT Address Signature c619c( a. saairu Name CrAm kmc kjlj Op Law Firm 100 .114UI?r-4 Qj')'JiD Address c k4?u5-c. Pry I-tbQ cC+,Lr? r1c« PA- POI t rev &r'JE PA 1-7d Y3 City, zip City, zip city, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Insert name if applicable. Date of Hearing: `11RO-f Date of Award: 6cf su (Chairman) _ i Notice of Entry of Award M.? Now, the day of , 20 , at _, _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: Prothonotary By: Deputy CERTIFICATE OF SERVICE AND NOW, this ? day of October 2004, (,'Elizabeth Simon, of the Law Offices of Dale E. Anstine, P.C. hereby certify that I have this date served a copy of the of record foregoing documents by United States Mail, as follows: addressed to the party or attorney Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 LAW OFFICES OF DALE E. ANSTINE 0-aK Elizabeth Simon Paralegal to Leah B. Graff Two West Market Street PO Box 952 York:, PA 17405 10/14/2 004 15:35 7172406573 PROTHONOTARY C LONG PAGE 01/01 IN THE COURT O:F COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 04-06, Civil Term NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Jacqueline- Brown from the award of the board of arbitrators entered in this case on Sept 30th, 2004 A jury trial is demanded g:. (Check box if a jury trial is demanded. Other - wise jury trial is waived.) I hereby certify that: - 1. The compensation of the arbitrators has been paid, or -- - - - 2. Application has been make for permission to proceed in forma pauperis: _-- (Strike out the inapplicable clause) - Appe ant or A ame or pellant NOTE: The demand far jury trial on appeal = from compulsory arbitration is - governed by Rule 1007.1 (b), (b) No affidavit or verification is required. q?n?nn.?l e O hJ _ fir \ C? 1 ic, Curtis R. Long Prothonotary office of the Protbonotarp (Cumberlarib Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 041 010 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573