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HomeMy WebLinkAbout08-4214ANGINO & 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 ZACHARY HARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. ZACHARY DUFFY, Defendant 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 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 SUMCIENTE 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 ZACHARY HARMER, Plaintiff V. ZACHARY DUFFY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0,F- `>-, /Y end ?'- JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Zachary Hamer is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 98 Front Street, Enola, Cumberland County, Pennsylvania. 2. Defendant Zachary Duffy is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 177 South Enola Drive, Enola, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on Monday, June 4, 2007, at approximately 4:15 p.m. in the 300 Block of Wertzville Road (SR 944) in East Pennsboro Township, Cumberland County, Pennsylvania. 4. Wertzville Road in the area of the accident has a posted speed limit of 35 miles per hour. 5. At that time and place, Plaintiff Zachary Hamer was a passenger in a 1996 Volkswagen JGS owned by Sue Ann Duffy and driven by Zachary Duffy. 6. At that time and place, Defendant Zachary Duffy was operating the Volkswagen JGS traveling eastbound on Wertzville Road traveling at a high rate of speed when he lost control on a curve and left the roadway. 7. Defendant Zachary Duffy left over 200 feet of skid and yaw marks before he struck a mailbox and then slid sideways on the edge of the roadway and an embankment after which he struck a utility pole with the underside of the vehicle and came to rest on the roof, facing the opposite direction. 8. At that time and place, Plaintiff Zachary Hamer's left arm was entrapped underneath the roof of the car. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Zachary Hamer are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Zachary Duffy operated his motor vehicle as follows: (a) failure to maintain control over his vehicle and leaving the travel lane of the highway; (b) traveling in excess of the posted speed limit and failure to travel at a safe speed; (c) failure to apply his brakes in sufficient time to avoid striking the mailbox and embankment; (d) failure to take reasonable evasive action to avoid the accident; (e) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (f) failure to keep proper and adequate control over his vehicle; and (g) driving his 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. 10. As a result of the aforesaid accident, Plaintiff Zachary Hamer sustained painful and severe injuries which include, but are not limited to left pneumothorax, comminuted left clavicular fracture, left thoracic spine at T3+T9 transverse process fractures, left posterior rib fracture, left frontal parietal cephalo hematoma and left manubrium fracture resulting in dental injuries as well as various contusions and abrasions and general shock to his nervous system. 11. By reason of the aforesaid injuries sustained by Plaintiff Zachary Hamer, he was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 12. Because of the nature of his injuries, Plaintiff Zachary Hamer has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff Zachary Hamer has undergone, and in the future will undergo, great physical and mental suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff Zachary Hamer 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 aforesaid injuries, Plaintiff Zachary Harper continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, Plaintiff Zachary Hamer demands judgment against Defendant Zachary Duffy in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff I.D. No. 36513 VERIFICATION I, ZACHARY HARMER, 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 uns orn falsification to authorities. WI Tt! Dated: 6 -Q 3 - 0 8 Qom,, ?' Q5 A IV - Z H %kRY ARNER 385177 L -4 4 W c ' I. TI -n CJ Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant ZACHARY HARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-4214 CIVIL TERM ZACHARY DUFFY, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire, of Johnson, Duffle, Stewart & Weidner, P.C. as counsel on for Defendant Zachary Duffy in the above-captioned action. JO ON, DUFFIE, STEW T & WEIDNER By: John A. Statler, Es Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: -7 12-1 /08 Attorneys for Defendant Zachary Duffy 339094 13806-95 r CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe upon all parties or counsel of record by depositing a copy of same ink United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Z 1 day of Ty 1 , 2008, addressed to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 By: , DUFFIE, STEWART & WEIDNER John A. Statler, EsAuim? Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Zachary Duffy -rt cZr F f`-` ? Fn ` y , t 'i, SHERIFF'S RETURN - REGULAR CASE NO: 2008-04214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARNER ZACHARY i V IS DUFFY ZACHARY ROBERT BITNER Cumberland Cou4ty,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT & NOTICE DUFFY ZACHARY the DEFENDANT , at 0017:55 HOURS, on the 16th day of July , 2008 at 177 S ENOLX DRIVE ENOLA, PA 1702 SUE ANN DUFFY was served upon by handing to MOTHER OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. i Sheriff's Costs: So Answers: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 R.'Thomas Kline Postage . .42 ?/' 43.42 07/17/2008 AN INO & ROVNER -7/m/off zr/ri Sworn and Su scibed to By: before me th's day Deputy Sheriff i of A.D. Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I.D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com Attorneys for Defendant ZACHARY HARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW NO. 08-4214 CIVIL TERM ZACHARY DUFFY, ; Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ZACHARY HARNER, Plaintiff c/o MICHAEL E. KOSIK, ESQUIRE Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JO ON, DUFFIE, ST WART & WEIDNER By: John A. a e Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: 7 /30/08 Attorneys for Defendant Zachary Duffy Johnson, Duffle, Stewart & Weidner By: John A. Statler, Esquire I. D. No. 43812 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas@jdsw.com ZACHARY HARNER, Plaintiff V. ZACHARY DUFFY, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4214 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANT ZACHARY DUFFY TO PLAINTIFF'S COMPLAINT INCLUDING NEW MATTER AND NOW, comes the Defendant, Zachary Duffy, by his attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who file the following Answer and New Matter in response to the Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. It is admitted that an accident occurred on Monday, June 4, 2007 at approximately 4:15 p.m. on S.R. 944 (Wertzville Road) in East Pennsboro Township. 4. Admitted on information and belief. 5. Admitted. 6. It is admitted that Defendant Zachary Duffy was operating the Volkswagen eastbound on Wertzville Road and lost control on a curve and left the roadway. 7. It is admitted that the Defendant's vehicle left the roadway and struck a utility pole with the underside of the vehicle and came to rest on the roof facing the opposite direction. 8. Admitted on information and belief. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Zachary Duffy was negligent, careless, wanton and reckless and denied that he operated his motor vehicle in a negligent, careless, wanton and reckless manner as follows: a. failing to maintain control over his vehicle and leaving the travel lane of the highway; b. traveling in excess of the posted speed limit and failing to travel at a safe speed; C. failing to apply his brakes in time to avoid striking the mailbox and embankment; d. failing to take reasonable evasive action to avoid the accident; e. failing to drive his vehicle with due regard to the highway and traffic conditions which were existing and of which he was or should have been aware; f. failing to keep proper and adequate control over his vehicle; and g. driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to rights and safety of other and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. 12. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. 13. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. 14. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. 15. Denied, after reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the specific injuries and damages allegedly sustained by Plaintiff Zachary Harner and, therefore, denies the same and demands strict proof at time of trial if deemed material. WHEREFORE, Defendant Zachary Duffy respectfully requests that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Zachary Duffy and against the Plaintiff Zachary Harner. NEW MATTER By way of additional answer and reply, Defendant Zachary Duffy raises the following New Matters: 16. Some or all of the Plaintiffs claims may be barred by the applicable statute of limitations. 17. Some or all of the Plaintiffs claims are barred in whole or in part and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C. S. A. §1701, et seq., and especially by §1705 and §1722 of that law. 18. To the extent that the Plaintiff has been paid or will be paid for some or all of his damages, then claims for those damages are barred both by §17122 of the Pennsylvania Motor Vehicle Financial Responsibility Law and by the defense of payment generally. 19. Discovery may reveal that the Plaintiff has failed to mitigate his damages. WHEREFORE, Defendant Zachary Duffy respectfully requests that the Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant Zachary Duffy and against the Plaintiff Zachary Harner. DATE: 06 339099 13806-95 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John-A-St ler, E quire Attorney I.D. N-6-743812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Zachary Duffy VERIFICATION I, ZACHARY DUFFY, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; 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. ZA ARY F DATE: 7 ZCl og CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer of Defendant Zachary Duffy to Plaintiffs Complaint Including New Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 30 day of , 2008, addressed to the following: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Stager, E quire Attorney I.D. No. 812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Zachary Duffy c_> ;.? ?:? ?_t -, , ? :;-? w-- n _??- r- C.,.3 -? _.?.? p-, ? - ? .,, r,? ; ._-; `.? rP? •< ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney IN : 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 ZACHARY HARNER, Plaintiff V. ZACHARY DUFFY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-04214 JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action as settled, P.C. Alchael E. Kosik, Esquire I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 10/29/08 cc: John A. Statler, Esquire 396502 Q 4 --r Cep n rr7 ^ .,? C. 7 t ,tom .