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HomeMy WebLinkAbout08-1543IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 68,.E 1,5-q 3 CYr, ! 4tr yv CIVIL ACTION - LAW JEANNE COSTOPOULOS and CHRISTINA WILCOX, a/k/a THOMAS COSTOPOULOS, her husband CHRISTINE WILCOX 451 Meadow Drive 113 Valley View Drive Camp Hill, PA 17011 Mechanicsburg, PA 17050 JURY TRIAL DEMANDED Plaintiffs versus Defendant PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Sheriff. David S. Wisneski, Esquire I.D. No. 58796 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite '303 Harrisburg, PA 17110 (717) 541-9205 - j .4 i?? '4 Signature o Attorney Dated: March 7, 2008 tow c O-e !R? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D g 15- g 3(- N; f CIVIL ACTION - LAW JEANNE COSTOPOULOS and CHRISTINA WILCOX, a/k/a THOMAS COSTOPOULOS, her husband CHRISTINE WILCOX 451 Meadow Drive 113 Valley View Drive Camp Hill, PA 17011 Mechanicsburg, PA 17050 JURY TRIAL DEMANDED Plaintiffs versus Defendant WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT JEANNE COSTOPOULOS AND THOMAS COSTOPOULOS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Dated: 7 -?.00 FS by ?iiD??ep-u-ty SHERIFF'S RETURN - REGULAR CASE NO: 2008-01543 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COSTOPOULOS JEANNE ET AL VS CHRISTINA WILCOX AKA CHRISTINE DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS WILCOX CHRISTINA AKA CHRISTINE WILCOX was served upon the DEFENDANT , at 1943:00 HOURS, on the 12th day of March 2008 at 113 VALLEY VIEW DRIVE MECHANICSBURG, PA 17050 by handing to BRYAN WILCOX, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 6.72 .58 _ ..; 10.00 R. Thomas Kline .00 35.30 03/13/2008 NAVITSKY OLSON WISNESKI Sworn and Subscibed to before me this of By: 1 day Deputy Sheriff A.D. S JEANNE COSTOPOULOS and : IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW VS. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant, CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, in the above case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110 as the place notices and papers other than original process may be served. FORRY ULLMAN By: J. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Date: February 27, 2009 r ? JEANNE COSTOPOULOS and : IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW VS. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: David S. Wisneski, Esquire NAVITSKY OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 FORRY ULLMAN By: " " f-'<!C, J ES FORRY, ES UI Date: February 27, 2009 T JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant : NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter a Rule on the Plaintiffs to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. FORRY ULLMAN By: ES . FORRY, ESQ IRE Attorney I.D. No. 36003 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 RULE AND NOW, this day of V.!A -( 2009, a Rule is entered on the Plaintiffs to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. AIZ4 &72! 4 OTH Y Date: !.- - %WV APD-1or 2 APR -I F" 6: 32 (1ir?i'iE.3 CJt)tl?iY F 1N , lv I JEANNE COSTOPOULOS COSTOPOULOS, her husb v. CHRISTINA WILCOX, WILCOX, and THOMAS IN THE COURT OF COMMON PLEAS nd, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 08-1543 CIVIL ACTION - LAW a CHRISTINE 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, byentering a written appearance personally or by an 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 w thout further notice for any money claimed in the Complaint or for any other claim or relief re uested 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 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 I , JEANNE COSTOPOULOS COSTOPOULOS, her husba v. CHRISTINA WILCOX, WILCOX, THOMAS : Plaintiffs a CHRISTINE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 08-1543 CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO EMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pag' as siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y p esentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O P OPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DE ANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONO E UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 i I JEANNE COSTOPOULOS COSTOPOULOS, her husba v. CHRISTINA WILCOX, WILCOX, ind THOMAS IN THE COURT OF COMMON PLEAS ad, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 08-1543 CIVIL ACTION - LAW a CHRISTINE Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Je e Costopoulos is an adult individual who resides in Lewisberry, York County, Pennsylvania. 2. Plaintiff Tho mas Costopoulos is an adult individual who resides in Lewisberry, York County, Pennsylvania. 3. Plaintiffs Jea 6 Costopoulos and Thomas Costopoulos are currently, and were at all times relevant to this Co mplaint, husband and wife. 4. Defendant C stina Wilcox, a/k/a Christine Wilcox, is an adult individual who resides in Mechanicsburg, C umberland County, Pennsylvania. 5, The facts an d occurrences hereinafter related took place on or about April 25, 2006, at approximately 7:5 a.m., at or near the intersection of Wertzville Road and Valley Road in Hampden Township, C berland County, Pennsylvania. 6. At said time and place, Plaintiff Jeann6 Costopoulos was the operator of a 1996 Ford CGS that was travelin East on Wertzville Road. 7. At said time and place, Defendant Christina Wilcox, a/k/a Christine Wilcox was the operator of a 2002 Hon a Odyssey Van and was traveling East on Wertzville Road directly behind the vehicle that Plain tiff Jeann6 Costopoulos was operating. 8. At said time end place, Plaintiff Jeann6 Costopoulos brought her vehicle to a halt behind a line of traffic that h Valley Roads. 9. At said time Defendant Christina Wilcox stopped for the traffic signal at the intersection of Wertzville and and place, the Honda Odyssey Van that was being operated by a/k/a Christine Wilcox suddenly, violently, and without warning slammed into the rear of the vehicle that Plaintiff Jeann6 Costopoulos was operating. 10. Following the impact, Plaintiff's vehicle was pushed into the vehicle that had stopped in front of it in the line of the traffic on Wertzville Road, resulting in a second collision. 11. As a direct and proximate result of the aforesaid accident, Plaintiff Jeann6 Costopoulos suffered serio s injuries, including, but not limited to, cervical disc injuries and ligamentous damage to the which have resulted in chro 12. At all times care. that resulted in a reversal of the normal cervical curve, all of is neck pain and discomfort, and an injury to her lumbar spine. relevant hereto, Plaintiff Jeann6 Costopoulos was exercising due COUNTI 13. Paragraphs 1 V. 12 of this Complaint are incorporated herein by reference as if set forth at length. 14. The aforesaid accident, and all of the injuries and damages sustained by Plaintiffs as set forth herein, were a irect and proximate result of the negligent conduct of Defendant Christina Wilcox, a/k/a Chri tine Wilcox as set forth in paragraphs 16 through 22 below. 2 15. As a direct d proximate result of her negligence as set forth in paragraphs 16 through 22 below, Defendant Christina Wilcox, a/k/a Christine Wilcox is liable to Plaintiff Jeanne Costopoulos for the i juries alleged herein. 16. Defendant C stina Wilcox, a/k/a Christine Wilcox failed to travel at a safe speed. 17. Defendant C* istina Wilcox, a/k/a Christine Wilcox permitted the automobile that she was operating to strife the rear of the vehicle that Plaintiff Jeanne Costopoulos was operating. 18. Defendant C 'stina Wilcox, a/k/a Christine Wilcox failed to have her vehicle under such control so as to have been able to stop within the assured clear distance ahead. 19. Defendant C sting Wilcox, a/k/a Christine Wilcox failed to keep alert and failed to maintain a proper watch or the presence of other motor vehicles on the roadway. 20. Defendant Christina Wilcox, a/k/a Christine Wilcox failed to apply her brakes in sufficient time to avoid striking the rear of the vehicle that Plaintiff Jeanne Costopoulos was operating. 21. Defendant Christina Wilcox, a/k/a Christine Wilcox failed to keep proper and adequate control over the v hide that she was operating at the time of the aforesaid incident. 22. Defendant C stina Wilcox, a/k/a Christine Wilcox drove the vehicle that she was operating upon the roa way in a reckless manner with careless disregard for the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. 23. As a direct d proximate result of Defendant Christina Wilcox, a/k/a Christine Wilcox's negligence, Plain iff Jeanne Costopoulos has suffered serious injuries including, but not limited to, cervical disc injuries and ligamentous damage to the neck that has resulted in a 3 reversal of the normal ce ical curve, all of which have resulted in chronic neck pain and discomfort, and an injury to er lumbar spine. 24. As a direct and proximate result of the aforesaid injuries, Plaintiff Jeann6 Costopoulos has incurred, and will in the future incur, medical and rehabilitative expenses, and claim is made therefor. 25. As a direct and proximate result of the aforesaid injuries, Plaintiff Jeann6 Costopoulos has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenien e in carrying out her daily activities, and a loss of life's pleasures and enjoyment, and claim is made therefor. 26. As a direct and proximate result of the aforesaid injuries, Plaintiff Jeann6 Costopoulos has been, and i the future will be, subject to great humiliation and embarrassment, and claim is made therefor. 27. As a direct result of the aforesaid injuries, Plaintiff Jeann6 Costopoulos has sustained a loss of earnings by reason of not being able to fulfill her employment, and claim is made therefor. 28. As a direct esult of the aforesaid injuries, Plaintiff Jeann6 Costopoulos has sustained a loss of earning p wer and earning capacity, and claim is made therefor. WHEREFORE, Plaintiff Jeann6 Costopoulos demands judgment against Defendant Christina Wilcox, a/k/a Christine Wilcox for damages in an amount of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 4 COUNT II 29. Paragraphs 1 reference as if set forth at 30. As a direct sustained by Plaintiff J in the future may be, depri of his wife, and claim is 12 and Count I of this Complaint are incorporated herein by nd proximate result of Defendant's negligence and the injuries Costopoulos as set forth above, Thomas Costopoulos has been, and d of the companionship, support, services, society, and consortium therefor. 31. As Plaintiff 7ent e Cos topoulos' accident-related injuries are serious and have resulted in a serious impai f body function, and as her injuries have resulted in permanent disfigurement and scarring, Plaintiff Thomas Costopoulos' consortium claim is similarly serious, and he is entitled to bring this action. WHEREFORE, Plaintiff Thomas Costopoulos demands judgment against Defendant Christina Wilcox, a/k/a Christine Wilcox for damages in an amount of Fifty Thousand ($50,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAV Y, N & W NESICI L David S. Wisneski, Esquire I.D. No.58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Date: April 8, 2009 Counsel for Plaintiffs 5 VERIFICATION We, Jeanne Costopoi foregoing document are true We understand that this veri relating to the unsworn falsi: Date: Ylklo 9 and Thomas Costopoulos, verify that the facts set forth in the correct to the best of our knowledge, information and belief ion is made subject to the provisions of 18 P.C.S. §4904, ion to authorities. eanne Costopoulos eo ?-K Thomas Costopoulos I CERTIFICATE OF SERVICE I, Lois E. Stauffer, an certify that a true and correct person by first-class United James R. Forry, Esqu Forry Ullman 2000 Linglestown Ro Suite 301 Harrisburg, PA 1711 of the law firm of Navitsky, Olson & Wisneski LLP hereby of the foregoing Complaint was served upon the following mail, postage prepaid on April 8, 2009 as follows: 1? ?-4, '_5 - 2"1 0_? Lois E. Stauffer OF HE i?r T•, r;r ? ASV 2009 APR - 9 AM 1 i, 16 PEN JEANNE COSTOPOULOS and : IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW VS. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS ANWER WITH NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. ANSWER Defendant, Christina Wilcox, (hereinafter "Defendant") by and through her attorneys, Forry Ullman, answers the correspondingly numbered paragraphs of Plaintiffs' Complaint as follows: 1-3. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 1 through 3, inclusive, and strict proof is demanded at time of trial. 4-7. Admitted. 8. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8, and strict proof is demanded at time of trial. In further answer, Defendant believes and therefore avers Plaintiff stopped suddenly without any prior notice. 9. Denied. The averments contained in paragraph 9 constitute conclusions of law to which no responsive pleading is required. In further answer, it is admitted only that the two vehicles impacted. 10. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 10, and strict proof is demanded at time of trial. 11. Denied. The averments contained in paragraph 11 constitute conclusions of law to which no responsive pleading is required. In further answer, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11, and strict proof is demanded at time of trial. 12. Denied. The averments contained in paragraph 12 constitute conclusions of law to which no responsive pleading is required. COUNTI JEANNE COSTOPOULOS v. CHRISTINA WILCOX aWa CHRISTINE WILCOX 13. The answers to paragraphs 1 through 12, above, are incorporated herein by reference as though set forth in full. 14-15. Denied. The averments contained in paragraphs 14 and 15 constitute conclusions of law to which no responsive pleading is required. 16-21. Denied. The averments contained in paragraphs 16 through 21, inclusive, constitute conclusions of law to which no responsive pleading is required. In further answer, at all times material hereto, Defendant operated her vehicle in a safe, prudent and proper manner for the circumstances then and there existing. 22. Modified by Stipulation of Counsel about to be filed. In further answer, the averments contained in paragraph 22 constitute conclusions of law to which no responsive pleading is required. By way of further answer, Defendant operated her vehicle in a safe, prudent and proper manner for the circumstances then and there existing. 23-28. Denied. The averments contained in paragraphs 23 through 28, inclusive, constitute conclusions of law to which no responsive pleading is required. In further answer, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 23 through 28, inclusive, and strict proof is demanded at time of trial. WHEREFORE, Defendant avers that she is not liable to the Plaintiffs in any amount whatsoever and prays that the Complaint against her be dismissed and that she may be awarded costs of defense, including attorney's fees, and that she may have such other and further relief as may be just and appropriate. COUNT H THOMAS COSTOPOULOS v. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX 29. The answers to paragraphs 1 through 28, above, are incorporated herein by reference as though set forth in full. 30-31. Denied. The averments contained in paragraphs 30 and 31 constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant avers that she is not liable to the Plaintiffs in any amount whatsoever and prays that the Complaint against her be dismissed and that she may be awarded costs of defense, including attorney's fees, and that she may have such other and further relief as may be just and appropriate. NEW MATTER By way of further answer and defense, Defendant avers the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 32. Plaintiffs have failed to state a cause of action upon which relief can be granted. 33. Defendant was not negligent, reckless, or careless with respect to any conduct regarding the injuries and damages alleged by Plaintiffs. 34. Any acts or omissions of Defendant alleged to constitute negligence were not substantial causes and did not result in the injuries or losses alleged by Plaintiffs. 35. The injuries and damages allegedly sustained by Plaintiffs were not proximately caused by Defendant. 36. The negligent acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 37. The accident that forms the basis of Plaintiffs' Complaint was caused by a sudden emergency that was not caused by Defendant and over which Defendant had no control. 38. This action is barred or otherwise limited by the Motor Vehicle Financial Responsibility Law, Title 75 Pa. C. S. Section 1701 et seg., either as originally promulgated or as amended by Act No. 1990-6. Defendant pleads this law and the amendments thereto as a complete or, in the alternative, partial defense to Plaintiffs' civil action. 39. Any claim or request in this action for damages for delay pursuant to Rule 238 of the Pennsylvania Rules of Civil Procedure is in contravention to and barred by the United States and Pennsylvania Constitutions because: (a) the rule exceeds the rule-making authority granted to the judiciary by the Pennsylvania Constitution; (b) the rule violates the equal protection clauses of the United States and Pennsylvania Constitutions; (c) the rule violates the standards of due process guaranteed by the United States and Pennsylvania Constitutions; and (d) the rule violates the excessive fines clause of the United States Constitution. WHEREFORE, Defendant avers that she is not liable to the Plaintiffs in any amount whatsoever and prays that the Complaint against her be dismissed and that she may be awarded costs of defense, including attorney's fees, and that she may have such other and further relief as may be just and appropriate. By: FORRY ULLMAN J S R. ORRY, ESi A ey I. Y. No. 36003 2000 Lm estown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant VERIFICATION I, JAMES R. FORRY, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendant to make this verification on behalf of Defendant that the signature of the Defendant to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendant and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. By: Date: April 27, 2009 FORRY ULLMAN I JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Answer with New Matter to Plaintiffs' Complaint was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: David S. Wisneski, Esquire NAVITSKY OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 By: Date: April 27, 2009 FORRY ULLMAN CAF THE mm?-.'r°!. ?,?Y 2009 APP 28 hill 111: 58 ?? 1wt ? . ; y' i'?r '? , < Y L-, 'r JEANNE COSTOPOULOS and THOMAS COSTOPOULOS, her husband, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 08-1543 CIVIL ACTION - LAW CHRISTINA WILCOX, a/k/a CHRISTINE WILCOX, Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Jeann6 Costopoulos and Thomas Costopoulos, her husband, by and through their attorneys, Navitsky, Olson & Wisneski LLP, and hereby enter the following Reply to the New Matter of Defendant: 32. Denied. The allegations contained in paragraph 32 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 33. Denied. The allegations contained in paragraph 33 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 34. Denied. The allegations contained in paragraph 34 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 35. Denied. The allegations contained in paragraph 35 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 36. Denied. Plaintiffs' damages and injuries were caused solely by the negligent acts and omissions of the Named Defendant as set forth in Plaintiffs' Complaint. To the extent that any further response is deemed necessary, the allegations contained in paragraph 36 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 37. Denied. The allegations contained in paragraph 37 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 38. Paragraph 38 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the allegations contained in paragraph 38 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 39. Paragraph 39 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the allegations contained in paragraph 39 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs respectfully requests that the New Matter of Defendant be dismissed, and that judgment be entered in favor of the Plaintiffs. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP David S. Wisiieski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs Date: April 29, 2009 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiffs and that I am authorized to make this Affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiffs. Date: 0(41;Q n I Sworn to and subscribed before me this ?%day of , 2009. Notary Public My Commission expires: L" L ft V"44 to"" o ?, I.M..V C*imdmk,, twin. J-.- 20,2013 aw+.y %10M i t Aw.a.M.m a Pion,b CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon the following person by first-class United States mail, postage prepaid on April 29, 2009 as follows: James R. Forry, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Lois E. Stauffer _ may, ?y ' `_ ?CiS? r;"?`k? aU ?'? ?-= 4th ``? ??'`. ?..?L;;if ,TM ; }ti. r ??,_.i?, JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW VS. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS STIPULATION OF COUNSEL It is hereby stipulated and agreed between counsel of record, by and on behalf of their respective clients, that Paragraph 22 of Plaintiffs' Complaint should be amended to remove the words "reckless" and "careless" from said Paragraph. Said Paragraph should read: "22. Defendant Christina Wilcox, a/k/a Christine Wilcox drove the vehicle that she was operating upon the roadway in a negligent manner in disregard for the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. " NAVITSKY OLSON & WISNESKI, LLP Date: o By: _ 2 DAVID S. WI NESKI, ESQUI Attorneys for Plaintiffs FORRY ULLMAN Date: 6 Ott By: Corn_JAM R. FORRY, ESQ s for Defendant rti_ _ 42 r: , MAY 2 1 2009 JEANNE COSTOPOULOS and THOMAS IN THE COURT OF COMMON PLEAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. CHRISTINA WILCOX, a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS ORDER AND NOW this ? day of 2009, upon Stipulation of V counsel of record, it is hereby ORDERED that the attached Stipulation of Counsel is hereby APPROVED and Paragraph 22 of Plaintiffs' Complaint shall be amended to remove the words "reckless" and "careless". Said paragraph shall read: "22. Defendant Christina Wilcox a/kla Christine Wilcox drove the vehicle that she was operating upon the roadway in a negligent manner in disregard for the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. " BY far 1Cd &r 6. &1 /e', J. y _ ? _ ? ? ? _ ?,?, .? ? -? Cry v JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification of Christina Wilcox for the attorney's Verification to the Answer with New Matter to Plaintiffs' Complaint that was filed on or about April 28, 2009 in the above-captioned action. By: FORRY ULLMAN 2000 L`i4lestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Attorneys for Defendant J VERIFICATION I, CHRISTINA WILCOX, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; that the language of the Answer with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. YA Date: Llh g ©Cf C/CJ , CHRISTINA WILCOX JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW vs. CHRISTINA WILCOX a/k/a CHRISTINE WILCOX, Defendant NO. 08-1543 JURY TRIAL DEMANDED OF TWELVE (12) JURORS CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Substitute Verification was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: David S. Wisneski, Esquire NAVITSKY OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 FORRY ULLMAN By: AMES . FORAY, ESQ Date: June 17, 2009 FLED-Cr ?I .L 2009 JUN 18 PIN, 1: 31+ V?nt^ _i ?.!'?'V i 1 I JEANNE COSTOPOULOS and THOMAS COSTOPOULOS, her husband, Plaintiffs V. CHRISTINA WILCOX, a/k/a CHRISTINE WILCOX, Defendant PRAECIPE FOR ENTRY OF APPEARANCE c-_ Please enter my appearance as counsel for the Plaintiffs in the above-captioned action. Date: 0 1-2q1C)010 IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 08-1543 c a CIVIL ACTION - LAWS rn JURY TRIAL DEMANDED c sky CPi i, Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP 0-'? Qr_?7, Q'9 1,1j Josh fA. Melillo I.D. No. 26211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs A, CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the following persons by first-class United States mail, postage prepaid on January 29, 2010 as follows: James R. Forry, Esquire Forry Ullman 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Counsel for Defendant Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Counsel for Esurance Ins. Co. Lois E. Stauffer cR IT PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ' t X for JURY trial at the next term of civil court. ? for trial without a jury. -------------------------------------------------------------------------------------------------------- - --- -------- CAPTION' OF CASE (entire caption must be stated in.fido (check one') Jeanne Costopoulos and Thomas Costopoulos, her husband vs. Christina Wilcox, a/k/a Christine Wilcox vs. (Plaintiff) X? Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on and January 4, 2011 Trials commence on January 31, 2011 (Defendant) Pretrials will be held on January 19, 2011 (Briefs are dale 5 days before pretrials No, 08-1543 Term Indicate the attorney who will try case for the party who files this praecipe: Joseph M. Melillo, Esquire Indicate trial counsel for other parties if known: James R. Forry, Esquire This case is ready for trial. Date:. C' G Signed: C7k? J seph M. Melillo Print Name: Attorney for: Plaintiffs k 0"P5." ?Z) a. fttl C,I!L-e I, I ;' #4 JEANNE COSTOPOULOS and THOMAS IN THE COURT OF COMMON PLEAS OF COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 08-1543 VS CIVIL ACTION - LAW CHRISTINA WILCOX, a/k/a CHRISTINE: WILCOX, : JURY TRIAL DEMANDED Defendant IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, January 19, 2011, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Joseph M. Melillo, Esquire, and present for the Defendant was James R. Forry, Esquire. This is a rear end auto accident case in which the Defendant is considering admitting liability. There is no real dispute over the damages sustained The dispute is over the value of the claim. The parties estimate that it will take one to two days to try. The only scheduling conflict is that Plaintiff's medical witness is not available until Tuesday morning. There are no complicated legal issues. Settlement negotiations are on going, but settlement does not appear to be likely. By the ourt, Edward E. Guido, J. /Joseph M. Melillo, Esquire ?A .leQ For Plaintiffs o,,6 ? IV -a James R. Forry, Esquire For the Defendant rn? ?rn z? 0 :4 o N s 77 N w rn mrn-., ?m ?° -•-40 :r -n C) O -n :Z- 25c") ?rn -t Court Administrator - In 6n Prothonotary :mlc JEANN? COSTOPOULOS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRISTINA WILCOX, a/k/a CHRISTINE WILCOX, DEFENDANT NO. 08-1543 CIVIL TERM VERDICT SLIP QUESTION 1: Do you decide that the defendant was negligent? Yes V No If you answer Question 1 "Yes," go to Question 2. If you answer Question 1 "No," you should not answer any further questions and should return to the courtroom. QUESTION 2: Was the defendant's negligence a factual cause of the t? Yes V No If you answer Question 2 "Yes," go to Question 3. If you answer Question 2 "No," you should not answer any further questions and should return to the courtroom. QUESTION 3: State the amount of damages, if any, to which Jeanne Costopoulos is entitled to receive in each of the following categories: Past Pain, Suffering, and Loss of Life's Pleasures Future Pain, Suffering, and Loss of Life's Pleasures Past Loss of Earnings $ 30? 000 $ ?Q? acv $ a0100o Future Loss of Earnings and Loss of Future Earning Capacity $ Past Humiliation & Embarrassment Future Humiliation & Embarrassment TOTAL klaIll (Da (e) $ $ $ A000 i JEANE COSTOPOULOS ---- V S --- CHRISTINA WILCOX, In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2008-1543 Judge: MASLAND Attorney: ?" M-% 2 I l I 10 Attorney: '?ameS r(1rr?-I Date: aU No. Juror # 1 IIIIIII?INIIINNIIINIIIIII JAN31-15 2 IIIIIIIIIIIgIgqIIIIIIINIIlllll JAN31-102 3 IIIIIIIIIIIIIIgIINIIIIIINIIINlII JAN31-136 4 IIIIINIIII iminiIININIIII JAN31-38 5 IIIIIIIIIIIIIIIIIIIIIIIAINnIIN1111 JAN31-226 6 IIIIIIIIIIIIIIIIIIIIIIINIIINIIII JAN31-285 7 IIIIIIIIIIIIIINIIIIIIIIIIIIIIIII JAN31-341 g IIIIIIIIIIIIINIIIIIIINIIIIIIIIIIII JAN31-174 9 IIIIIIIIIIIIINIIIIIINIIIIINIIII JAN31-164 10 1IIIIIIIIIINIIIIIIIIIINIIIINIII JAN31-291 11 IIIIIIIIIIIIIIIINIIINIIINIIIIIIII JAN31-274 12 IIIIIn111INnNNIIINNINIIIIIII JAN31-278 13 IIIIIIIIIIIIIAIIIIIIINInI11IIIIii JAN31-178 14 IIIIIIIIINIIIINIIIHIINIIIInN111111 JAN31-239 15 1IIIIIIIIINilllllllllllllllllllllllll JAN31-58 16 1IIIIIIIIIIIIIIIINIINIIIIINIIII JAN31-62 17 I IIIII IIIN IIII IIIII IIN IIII IIII III JAN31-344 18 1IIIIIIIINIIIIIIIIIIIp111111gIIIIIII JAN31-265 19 11111IIINIIIINIIINIII1IIIIIIIIII JAN31-131 20 Iviii InIINI1111111111111111I1111 JAN31-103 21 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII JAN31-22 22 IIIIIIIIIIIIIIIIIIIIIIIINIIINIIIIIIII JAN31-96 JURORS NAMES OF JURORS CALLED LUBIC, CHRISTOPHER W SGRIGNOLI, JANET S NICHOLSON, RAYMOND D ZEIGLER, TODD STRITTMATTER, RICHARD A LOOP, JAMES HENCH, DAVID G ROMANOSKI, MARCIA E STEFANOWICZ, JEFFREY M CARR, DENISE A ECHELMEYER, DEBRA A ROWLEY, CYNTHIA R TRAYER, JAMES W LLOYD, MATTHEW S SABATINI, CYNTHIA J COIA, PATRICIA L LAPPANO, SAMUEL A WOOLF, SUSAN L MONISMITH, DEBRA A FLOOD, BRIANA S CLOOS, TIMOTHY J NEWSWANGER, LLOYD H CAUSE P D J 3 it In the Court of Commons Pleas of Cumberland County, PA., 'r- w JEANNE COSTOPOULOS AND THOMAS HER HUSBAND Docket No. 2008-1543 Judge: MASLAND ---- V S --- CHRISTINA WILCOX, A/K/A CHRIST Attorney: Attorney: Date: JURORS No Juror # NAMES OF JURORS CALLED CAUSE P D . 23 I?BgII?n?IihNill?lllnl?ll JAN31-176 MOORE, WILLIAM A 24 IIIN@N?II??IIINNN?IIN JAN31-173 BENDER, ASHLEIGH E on 7 - 26 ImInImix in J 1-19 HOWARD, SHIRLEY 27 IIIIIIIIIInImirmaiilllll 31-2 B CHER, JOH 28 IIIhciriN9pInIImInu nll JAN31-10 S C K 29 IIIIINIINInowi nimiii11111 JAN31-290 W ARY T 30 Illhlliini llnownnwinn JAN31-83 L S, L 31 IIIIIII immuIINIInini n JAN3 49 GHTSTONE„ IN C 32 IIIIIIIIIIna?H?iI?IININI?II -29 CONNELLY, TODD E 33 IIIIINII?INIIAIIII?I?nll?ll 1-345 RUTZ, AARON M 34 IIINNIINI??IIMI?RIN?IN JAN31-307 FOSTER, SARESA D 35 IIINMIIIIIInNIIINIhMl?lllllllll JAN31-23 STUCKEY, GREGG B 36 37 38 39 40 41 42 43 44 JEANNE COSTOPOULOS and IN THE COURT OF COMMON PLEAS THOMAS COSTOPOULOS, her husband, CUMBERLAND COUNTY, PENN SYWANIA ,-; Plaintiffs CIVIL ACTION - LAW VS. 2? zx? rr? cc fr3- --, NO. 08-1543 -'D rv b CHRISTINA WILCOX a/k/a rz CO CHRISTINE WILCOX, JURY TRIAL DEMANDED OF z Defendant TWELVE (12) JURORS o yz PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the docket "settled, discontinued and ended with all costs paid" in the above- captioned action. By: David S. Wisneski, Esquire NAVITSKY OLSON & WISNESKI, LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 Dated: S"=?` CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe to Discontinue was served upon the following persons by first-class United States mail, postage prepaid on February 25, 2011, as follows: James R. Forry, Esquire Forry Ullman 540 Court Street P.O. Box 542 Reading, PA 19603 Counsel for Defendant Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Counsel for Esurance Ins. Co. Lois E. Stauffer