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HomeMy WebLinkAbout08-0927t 16 HENRY J. GROTHE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 018 - 9.2 CIVIL TERM CHERYL BRUBAKER, CIVIL ACTION -LAW Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a writ of summons in the above-captioned action. The Defendant resides as follows: Cheryl Brubaker 18 South 30th Street Camp Hill, PA 17011 R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 (717)796-2100 1 R HENRY J. GROTHE, Plaintiff V. CHERYL BRUBAKER, Defendant To: Cheryl Brubaker 18 South 30th Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 9,27 CIVIL TERM CIVIL ACTION - LAW WRIT OF SUMMONS You are hereby notified that Henry Grothe has commenced an action against you. ro honotary y? d (") r-' ?f ?d C) -Ti Cfi7 f t T co m CM"? ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-00927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROTHE HENRY J VS BRUBAKER CHERYL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BRUBAKER CHERYL the DEFENDANT , at 1815:00 HOURS, on the 25th day of February-, 2008 at 18 SOUTH 30TH STREET CAMP HILL, PA 17011 CHERYL BRUBAKER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 26.88 Postage .58 Surcharge 10.00 .00 5 5. 4 6 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 02/27/2008 R MARK THOMAS By: 7 day Deputy She f A. D. I Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 jbr@jdsw.com Attorneys for Defendants,Dawn Renee and Edgardo Reyes Henry J. Grothe, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO: 08-927 V. CIVIL ACTION - LAW Cheryl Brubaker, Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Berks County: Kindly enter my appearance on behalf of Defendant, Cheryl Brubaker, in the above- captioned action. Respectfully submitted, Johnson, Duffle, Stewart & Weidner By: Date: May 21, 2008 Jeffrey B-Rettig, EsqV!pV Aftorney I. D. No: 19616 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 ibrQidsw.com Attorney for Defendant Cheryl Brubaker Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 jbr@jdsw.com Attorneys for Defendants,Dawn Renee and Edgardo Reyes Henry J. Grothe, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO: 08-927 V. CIVIL ACTION - LAW Cheryl Brubaker, Defendants I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this 21st day of May, 2008 and addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17011 Johnson, Duffle, Stewart & Weidner By: 331938 ??' ? y ;:? ? t t ??` ?' r.? ( ?h. ..,, ? `"`.? ? - ?.? 5 . i ` r - - - e (.? _ F' i,0.. .. x ?':r. ` ,,1 t ?+4Y. y. l . ?_ iv .?j ?? f fl ''! r M. Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 jbr@jdsw.com Henry J. Grothe, Plaintiff V. Cheryl Brubaker, Defendants Attorneys for Defendants,Dawn Renee and Edgardo Reyes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 08-927 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Berks County: Kindly enter my appearance on behalf of Defendant, Cheryl Brubaker, in the above- captioned action. Respectfully submitted, Date: May 21, 2008 Johnson, Duffle, Stewart & Weidner By: ttig, Esq 4orney ey B. Re I.D. . No: 616 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 ibr(cD-, jdsw.com Attorney for Defendant Cheryl Brubaker Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043-0109 717.761.4540 jbr@jdsw.com Henry J. Grothe, Plaintiff V. Cheryl Brubaker, Defendants Attorneys for Defendants,Dawn Renee and Edgardo Reyes IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 08-927 CIVIL ACTION - LAW I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this 215, day of May, 2008 and addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17011 331938 Johnson, Duffie, Stewart & Weidner By: c-? ? ; _. _ ?. , ?? - '- - r ? - ? t43 a: _ ?? ;: ;..' ; -., Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 jbr@jdsw.com Attorneys for Defendant Cheryl Brubaker HENRY J. GROTHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-927 V. CHERYL BRUBAKER, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly issue a Rule to the Plaintiff to file its Complaint with twenty (20) days of the date of service thereof, or suffer judgment of non pros. Johnson, Duffie, Stefflart & M(eidner By: J#ffy6y B. Rettig, EsquirbJ A rney I . D. No: 19616 301 Market Street Lemoyne, Pennsylvania 17043-0109 717.761.4540 Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Cheryl Brubaker HENRY J. GROTHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-927 V. CIVIL ACTION - LAW CHERYL BRUBAKER, JURY TRIAL DEMANDED Defendant RULE TO FILE COMPLAINT AND NOW, this lol4k -day of dme , 2008, a Rule is hereby issued to you to file your Complaint in the above-captioned action within twenty (20) days of the date of service hereof, or suffer judgment of non pros. Prothonotary, By: CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, hereby certify that I am this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by depositing a copy of the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 JOHN Date: ff DUFFIE, STEWART & WEIDNER 335533 ? art .er ;Y . r L ? ? ? „tIr / HENRY J. GROTHE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-927 CIVIL TERM CHERYL BRUBAKER, CIVIL ACTION - LAW Defendant : 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 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 TELEPHONE: (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. HENRY J. GROTHE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-927 CIVIL TERM CHERYL BRUBAKER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, HENRY J. GROTHE, II, by and through his counsel, R. Mark Thomas, Esquire, and files this Complaint, and in support thereof respectfully represents: 1. Plaintiff, HENRY J. GROTHE, II, is an adult individual who currently resides at 121 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, CHERYL ANN BRUBAKER, is an adult individual who currently resides at 16 29th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about February 18, 2006, at approximately 3:40 p.m., the Plaintiff was a front seat passenger in a car driven by the Defendant, CHERYL ANN BRUBAKER. 4. The car driven by CHERYL ANN BRUBAKER was traveling in the right lane in an eastbound direction on the Carlisle Pike approaching the intersection of the Carlisle Pike with Skyport Road where a traffic light controlled traffic at the intersection. 5. A car driven by Kathleen Dietrich was also headed in a eastbound direction directly in front of the Defendant when the traffic control light turned red for traffic traveling eastbound on the Carlisle Pike. 6. Although Kathleen Dietrich stopped for the red light, the Defendant failed to bring her car to a stop before hitting the rear end of Kathleen Dietrich's car. 7. As a result of the collision, the Plaintiff, HENRY J. GROTHE, II, was violently thrown about inside the Defendant's car and suffered severe injuries. 8. The accident was caused by the carelessness, recklessness and negligence of the Defendant, CHERYL ANN BRUBAKER. 9. The carelessness, recklessness and negligence of Defendant, CHERYL ANN BRUBAKER, consisted of the following: A. Failing to pay attention to traffic while driving in traffic; B. Following the car in front of her too closely; C. Failing to obey traffic control devices, specifically, the red light for eastbound traffic on the Carlisle Pike at the intersection of the Carlisle Pike and Sky Court Road; D. Failure to maintain control of her car; E. Failing to bring her car to a stop prior to hitting the rear end of the car driven by Kathleen Dietrich; and F. Failing to exercise due care for the safety of others who were lawfully upon the highway. 10. As a result of the carelessness, recklessness and negligence of the Defendant, CHERYL ANN BRUBAKER, the Plaintiff, HENRY J. GROTHE, II, was caused to suffer serious and permanent injuries as follows: A. Injuries to the soft tissue in his neck, as well as injury to his cervical spine; B. Injury to his thoracic spine; C. Injury to his lumbar spine; D. Injury to the sacrum; E. Injuries to the muscles, tendons, and ligaments in his upper, middle and lower back; F. A disc protrusion or herniation at the C4 - C5 level of his cervical spine; and G. Restricted range of motion in his cervical, thoracic and lumbar spine. 11. As a direct result of the injuries suffered in this car accident, Plaintiff, HENRY J. GROTHE, II, has been forced to undergo medical treatment in the past and will continue to need medical treatment in the future, which has and will result in the expenditures of money for the Plaintiff's medical treatment. . , 12. The Plaintiff, HENRY J. GROTHE, II, is unable to attend to his normal employment as a self-employed, general contractor and as a direct result of this accident, the Plaintiff has experienced and will continue to experience in the future a loss of income and a loss of income earning potential. 13. As a direct result of this car accident, Plaintiff has undergone severe pain and suffering which continues to this date and will continue for an indefinite time into the future and which may be permanent in nature. WHEREFORE, Plaintiff, HENRY J. GROTHE, II, prays that this Honorable Court will enter judgment in his favor and against the Defendant, CHERYL ANN BRUBAKER, in the amount that exceeds the compulsory arbitration amount for Cumberland County, Pennsylvania, plus court costs and any other relief allowed by law. Respectfully submitted, R. Mark Thomas, Esquire Attorney No. 41301 101 S. Market Street Mechanicsburg, PA 17055 Telephone: (717)796-2100 Attorney for Plaintiff VERIFICATION I, HENRY J. GROTHE, II, hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: 141 Z;1101- ire 09 H J. GROTHE, II I • • 4 CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Date: , 2008 6"o'o R. Mark Thomas, Esq. c.+a ? 46 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com HENRY J. GROTHE, Plaintiff V. CHERYL BRUBAKER, Defendant NOTICE TO PLEAD To: Plaintiff, Henry J. Grothe c/o R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 NO. 08-927 CIVIL ACTION - LAW JURY TRIAL DEMANDED You are hereby notified to file a written response to the enclosed Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: Attorneys for Defendant Cheryl Brubaker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, so ffie, Stewart & eidner John By: Jeff B. Rettig, Esquirq:?/ Att ney I.D. No, 19616 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Cheryl Brubaker HENRY J. GROTHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-927 V. CIVIL ACTION - LAW CHERYL BRUBAKER, JURY TRIAL DEMANDED Defendant ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, comes the Defendant, by her attorneys, Johnson, Duffie, Stewart & Weidner, and answers Plaintiffs Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. As to the balance of the allegations in this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and strict proof thereof is demanded. 2. Denied as stated. It is admitted only that the Defendant is an adult individual who resides in Camp Hill, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied as stated. It is admitted that another vehicle owned by Kathleen Dietrich was in front of Defendant's vehicle. 6. Denied as stated. It is admitted that there was impact between the front of Defendant's vehicle and the rear of Kathleen Dietrich's vehicle. 46 7. Denied. It is denied that the Plaintiff was violently thrown about inside Defendant's car or that he suffered severe injuries. 8. Denied pursuant to Pa. R. C. P. 1029. 9. Denied pursuant to Pa.R.C.P. 1029. 10. The allegations of carelessness, recklessness, and negligence are denied as conclusions of law. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and strict proof thereof is demanded. 11-13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth, of said allegations and strict proof thereof is demanded. WHEREFORE, Defendant requests that Plaintiff's Complaint be dismissed without cost to her. NEW MATTER 14. Plaintiff's claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 15. If Plaintiff is subject to the limited tort option, then his claims for non-economic detriment are barred. 16. Plaintiff has or may have failed to mitigate his damages. 4. WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed without cost to her. Date: Respectfully submitted, Johnson, Duffie, Stewart & Weidner By: J r y B. Rettig, Esquir A rney I. D. No. 19616 301 Market Street Lemoyne, Pennsylvania 17043 717.761.4540 ibrCa?idsw.com Attorney for Defendant Cheryl Brubaker :340357 VERIFICATION I, Cheryl Brubaker, hereby acknowledge that I have read the foregoing Answer to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Cheryl rDATE: F, Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendant Cheryl Brubaker HENRY J. GROTHE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-927 CIVIL ACTION - LAW CHERYL BRUBAKER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer to Plaintiffs Complaint with New Matter has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this day of August, 2008 and addressed as follows: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 7e-ffreyB. Duffle, Stew & Weidner Rettig, uire C Q 13 73M CK) HENRY J. GROTHE, Plaintiff V. CHERYL BRUBAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-927 CIVIL TERM CIVIL ACTION -LAW : JURY TRIAL DEMANDED RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, HENRY J. GROTHE, II, by and through his counsel, R. Mark Thomas, Esquire, and files this Response to Defendant's New Matter as follows: 14. Denied. This allegation is a conclusion of law to which no responsive pleading is required. 15. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. 16. Denied. Plaintiff is without sufficient information, knowledge or belief to either admit or deny this allegation and, therefore, same is denied and strict proof thereof demanded at time of trial. WHEREFORE, Plaintiff, HENRY J. GROTHE, II, prays that Plaintiff be allowed to continue in the pursuit of his Complaint and that Defendant's prayer for dismissal of the Complaint be denied. Respectfully submitted, %4, lerA o R. Mark Thomas, Esquire Attorney No. 41301 101 S. Market Street Mechanicsburg, PA 17055 Telephone: (717)796-2100 Attorney for Plaintiff VERIFICATION I, HENRY J. GROTHE, II, hereby verify that the statements made in the foregoing Response are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: ?R-" - O $ H J. GROTHE, II CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Jeffrey B. Rettig, Esquire Law Offices of Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Date: d , 2008 e??* R. Mark Thomas, Esq. C=D !rte" -• ? -G CD 1 ?? ? David D. Buell (Prothonotary !KjrkS. Sohonage, ESQ Solicitor knee X Simpson 15` (Deputy (Prothonotary Irene E. 91lorrow 2 d Deputy (Prothonotary Office of the Trothonotary Cumberland County, Tennsylvania Z)A - 927 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717) 240-6195 • f'ax (717 240-6573