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Home My WebLink About08-2238ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JO-ANN DELANEY and MATTHEW DELANEY, her husband Plaintiffs V. ROSE E. BREHM, Defendant IN THE COURT OF COMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW nn NO. d8- da38 Civil let'M : JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 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 Telephone number- 717- 249-3166 368951 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 368951 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JO-ANN DELANEY and IN THE COURT OF COMON PLEAS OF MATTHEW DELANEY, her husband CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. ROSE E. BREHM, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Jo-Ann and Matthew Delaney are adult individuals, citizens of the Commonwealth of Pennsylvania, who reside at 932 Debra Drive, Hummelstown, Dauphin County, Pennsylvania. 2. Defendant Rose E. Brehm is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 243 West Columbia Road, #5, Enola Cumberland County, Pennsylvania 17025. 3. The facts and occurrences hereinafter related took place on Saturday, May 6, 2006, at approximately 5:50 p.m. at the intersection of Cavalry Road and Harrisburg Pike in North Middleton Township, Cumberland County, Pennsylvania. 368951 4. The intersection of Cavalry Road and Harrisburg Pike is controlled by a traffic control signal. 5. At that time and place, Plaintiff Jo-Ann Delaney was operating a 1991 Honda Civic east on Cavalry Road and was at a complete stop for the red traffic signal. 6. At that time and place, Defendant Rose E. Brehm was operating a 2000 Chevrolet Van east on Calvary Road behind a 2001 Ford Explorer driven by Barry L. Keller. 7. At that time and place, Defendant Rose E. Brehm failed to pay attention to the traffic stopped ahead of her for the red traffic light, and suddenly and without warning, violently slammed into the rear of Bary Keller pushing him into the rear of Plaintiff Jo-Ann Delaney's vehicle. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Rose E. Brehm operated her vehicle as follows: (a) failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to stop and yield for the red traffic signal at the intersection and the traffic ahead of her stopped for the red light; (d) failure to travel at a safe speed; (e) failure to apply her brakes in sufficient time to avoid striking the rear of the Keller vehicle; (f) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; and 368951 (h) driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I JO-ANN DELANEY V. ROSE E. BREHM 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Plaintiff Jo-Ann Delaney sustained painful and severe injuries which include but are not limited to neck and back pain, headaches and numbness in her upper left arm. 11. By reason of the aforesaid injuries sustained by Plaintiff Jo-Ann Delaney, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Jo-Ann Delaney has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Jo-Ann Delaney has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Jo-Ann Delaney has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 15. As a result of the aforementioned injuries, Plaintiff Jo-Ann Delaney has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, 368951 16. and claim is made therefor. WHEREFORE, Plaintiffs Jo-Ann and Matthew Delaney demand judgment against Defendant Rose E. Brehm in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM II MATTHEW DELANEY V. ROSE E. BREHM 17. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Plaintiff Jo-Ann Delaney, Plaintiff Matthew Delaney has been and may in the future be deprived of the care, companionship, consortium, and society of his wife all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Jo-Ann and Matthew Delaney demand judgment against Defendant Rose E. Brehm in an amount in excess of Fifty Thousand ($50,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 368951 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs VERIFICATION I, JO-ANN DELANEY, do swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unworn falsification to authorities. W1 Dated: 'O-ANN DELANEY CY; ca c -0 P co v •V? n ? r 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DELANEY JO-ANN ET AL VS BREHM ROSE E ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RRpwm PngR F the DEFENDANT , at 1655:00 HOURS, on the 24th day of April , 2008 at 243 WEST COLUMBIA ROAD REAR ENOLA, PA 17025 by handing to RICHARD AIKENS, BOYFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ylaFla7 - 18.00 15.00 .58 10.00 .00 43.58 Sworn and Subscibed to before me this of day So Answers: r R. Thomas Kline 04/25/2008 ANGINO & ROVNER By: Deputy Sheriff A.D. J 4416 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 1D# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JO-ANN DELANEY and MATTHEW DELANEY, her husband Plaintiffs V. ROSE E. BREHM, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-2238 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, satisfied, od discontinued. P.C. Mchael E/Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 398317 CERTIFICATE OF SERVICE I, Michelle M. Milojevich, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE FOR DISCONTINUANCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Ms. Patricia Guy Liberty Mutual Ins. Co. PO Box 1128 Blue Bell, PA 19422 Michelle M. Milojevich Dated: 11/18/08 398317 0 C: P-4 I 27 cmm Q ( i? , C1r ?C ril t' .. ? t J O