HomeMy WebLinkAbout08-1845DOUGLAS LAW OFFICE
43 W. SOUTH ST. WILLIAM P. DOUGLAS, ESQ.
POB 261 Supreme Court I.D.# 37926
CARLISLE PA 17013
TELEPHONE 717-243-1790
Marc A. Messer In the Court of Common Pleas of
Plaintiff Cumberland County, Pennsylvania
vs
No. 08 - `/ < Civil Term
Andrew J. Fesen
Civil action law
Defendant Compulsory Arbitration
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 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 AVE 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
Cumberland County Bar Association
32 S. Bedford Street
Carlisle PA 17013 717-249-3166
BY
DATE: March 18, 2008
Complaint
1. The plaintiff, Marc A. Messer, is an adult individual who at the time of the
accident resided at 19 Martin Rd. S., Bethpage, NY, 11714
2. The Defendant, Andrew J. Fesen, is an adult individual residing at 1553
Braxton Drive, Lancaster, Lancaster County, Pennsylvania.
3. On or about, May 10, 2007, the plaintiff was operating his vehicle in a
northerly direction on interstate 81 in South Hampton Township,
Cumberland County, Pennsylvania.
4. At about the same time and place, the defendant was operating his vehicle
in a northerly direction on the aforesaid roadway.
5. The defendant negligently failed to maintain control of his vehicle
blocking the northbound lanes of travel. As a result an impact occurred.
6. The impact occurred as a direct and proximate result of the defendant's
negligence.
7. The defendant was negligent in the following respects:
a) failing to control of his vehicle;
b) failing to control of his vehicle in light of the conditions then and
there existing;
c) failing to operate his vehicle in a safe and prudent manner;
8. As a direct and proximate result of the negligence of the defendant the
plaintiff suffered the following losses but not limited thereto:
a) extensive property damage to his vehicle;
9. As a result of his injuries, the plaintiff has incurred property damage in
the amount of $7,789.55.
Wherefore it is prayed that judgment be entered in favor of the plaintiff and against the
defendant in an amount requiring compulsory referral to arbitration.
Respectfully submi
William P. Douglas,
March 18, 2008 Attorney for Pla
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 unsworn
falsification to authorities.
Date: March 18, 2008
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Roxanne\Misc\Erie, Fesen, Andrew, Answer
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Marc A. Messer,
vs.
Plaintiff
Andrew J. Fesen,
Defendant
TO THE PLAINTIFF:
Civil Action - Law
No. 08-1845 CIVIL TERM
Compulsory Arbitration
NOTICE TO PLEAD
You are hereby notified to plead to the within New Matter within
twenty (20) days from service hereof or a judgment may be entered against
you.
KELLER, KELLER AND BECK, LLC
BY - OZ5???
John Ir Keller
Pa. Supreme Ct. I.D. #25577
343-B South Potomac Street
Waynesboro, PA 17268
(717) 762-3331
Attorney for the Defendant
Roxanne\Misc\Erie, Fesen, Andrew, Answer
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Marc A. Messer,
Plaintiff
vs.
Andrew J. Fesen,
Defendant
Admitted.
Civil Action - Law
No. 08-1845 CIVIL TERM
. Compulsory Arbitration
ANSWER
1.-3.
4.
Admitted. By way of further response, the Plaintiff's northbound
vehicle was behind the Defendant's northbound vehicle.
5.-8.
Denied in accordance with Pa. R.C.P. 1029(e).
9.
It is admitted that the vehicle driven by the Plaintiff was damaged
in the accident in question.
WHEREFORE, the Defendant demands judgment in his favor, together
with costs.
11
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10.
The Defendant reserves those affirmative defenses which, in
accordance with the Pennsylvania Rules of Civil Procedure, need not be
pleaded, particularly the defenses of contributory negligence and
comparative negligence.
11.
The cause of the accident in question in this case was the conduct
of the Plaintiff which included driving his vehicle at a speed which was
too fast for conditions and following the Defendant's vehicle too closely.
12.
Also and in the alternative, the accident in question was an
unavoidable accident for which liability should not be assessed.
WHEREFORE, the Defendant demands judgment in his favor, together
with costs.
KELLER, KELLER AND BECK, LLC
By
/,dohn/N. Keller
V PA Supreme Court I.D. #25577
343-B South Potomac Street
Waynesboro, PA 17268
(717) 762-3331
Attorney for the Defendant
A
I verify that the facts set forth in the foregoing answer with new
matter are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification
to authorities.
Date : ?- 3D - LO R A r
An ew J. Fesen
1
CERTIFICATE OF SERVICE
I, John N. Keller, Esquire, attorney for the Defendant, certify that
I mailed the foregoing answer with new matter to the following persons at
the following addresses, by depositing same in the United States mail,
First Class postage prepaid:
William P. Douglas, Esquire
DOUGLAS LAW OFFICE
43 West South Street
P.O. Box 261
Carlisle, PA 17013
Date: KELLER, KELLER AND FREY, LLC
By
J e er
Supreme Ct. I.D. #25577
100 Walnut Street
Waynesboro, PA 17268
(717) 762-3331
Attorney for the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Marc A. Messer, Civil Action - Law
Plaintiff
VS. No. 08-1845 CIVIL TERM
Andrew J. Fesen,
Defendant Compulsory Arbitration
PRAECIPE
TO THE PROTHONOTARY:
Please mark this case "settled and discontinued with
prejudice".
Respectfully submitted,
William P. Dougla Esq.
Attorney for the Plaintiff
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