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Home My WebLink About08-5095In the Court of Common Pleas of Cumberland County, Pennsylvania Harvey Freeman and Honey G. Freeman, : Husband and Wife /] Plaintiffs, No. ?? - 50y5 l.'t V ??, - ! VS. Brittney A. Holton, Defendant, NOTICE JURY TRIAL DEMANDED CIVIL TERM 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIN ABOUT HIRING A LAWYER. 4 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania Harvey Freeman and Honey G. Freeman, : Husband and Wife Plaintiffs, No. VS. Brittney A. Holton, Defendant, JURY TRIAL DEMANDED CIVIL TERM COMPLAINT AND NOW, come the Plaintiffs, Harvey Freeman and Honey G. Freeman, by and through their attorneys, Saidis, Flower & Lindsay, and respectfully represent as follows: 1. Plaintiff Honey G. Freeman is an adult individual currently residing at 18138 Villa Creek Drive, Tampa, Florida 33647. 2. Plaintiff Harvey Freeman is an adult individual currently residing at 18138 Villa Creek Drive, Tampa, Florida 33647. 3. Defendant Brittney A. Holton is an adult individual last known to be residing at 1907 Briggs Street, Harrisburg, Pennsylvania, 17103-1661. 4. On October 11, 2006, Plaintiff Honey G. Freeman was the operator of a Ford Taurus motor vehicle which was involved in a motor vehicle accident described herein. 5. On the aforesaid date, Defendant was the owner of a 2005 Chevrolet Cobalt motor vehicle that was involved in a motor vehicle accident described herein. 6. On the aforesaid date, Plaintiff Honey G. Freeman was operating her motor vehicle at the intersection of North 21" Street and Cumberland Boulevard in Camp Hill, Cumberland County, Pennsylvania. 7. Plaintiff was making a left turn with a green light when her vehicle was struck by Defendant's vehicle which was being operated by Defendant. 8. Defendant disregarded a steady red traffic signal causing her vehicle to strike that of Plaintiff Honey G. Freeman. 9. At the time of the accident described herein, Plaintiff was appropriately operating her motor vehicle. 10. The accident was directly and proximately caused by Defendant's negligence and carelessness which consisted, among other things, of the following: (a) Operating her motor vehicle in a careless, reckless and negligent manner; (b) Operating her motor vehicle at an excess rate of speed under the circumstances; (c) Operating her motor vehicle with no warning of approach or intended direction; (d) Not having her motor vehicle under the proper control so as to stop said vehicle within the assured cleared distance ahead (75 Pa.C.S.A. §3361); (e) Operating her motor vehicle without due regard to the rights, safety, and position of the Plaintiff; (f) Failing to have her motor vehicle under the proper control so as to prevent her vehicle from striking the Plaintiff's motor vehicle; (g) Failing to keep a proper lookout; (h) Failing to use due care under the circumstances; (i) Failing to notice the motor vehicle of the Plaintiff; 0) Upon noticing the motor vehicle of the Plaintiff, failing to yield the right-of-way to Plaintiff's vehicle; (k) Failing to take evasive action in order to avoid impacting with Plaintiff's vehicle; (1) Failing to apply her brakes in sufficient time to avoid striking Plaintiff's vehicle; (m) Operating her motor vehicle in disregard of the rules of the road, the ordinances of Camp Hill, Pennsylvania, and the laws of the Commonwealth of Pennsylvania including but not limited to the motor vehicle code, 75 Pa.C.S.A. § 3112. 11. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. Count I - Negligence Plaintiff Honey G. Freeman v. Defendant 12. Paragraphs 1 - 11 are incorporated herein as though if fully set forth at length below. 13. As a result of Defendant's negligence, Plaintiff Honey G. Freeman sustained a Galeazzi fracture with dislocation and a dorsal wound on her right arm, some of which or all may be permanent. 14. As a result of the Defendant's negligence, Plaintiff Honey G. Freeman has suffered great bodily pain and suffering as well as mental anxiety and nervousness, to her great detriment and loss. 15. As a result of Defendant's negligence, Plaintiff Honey G. Freeman has sustained serious and permanent injury for the treatment of which she has incurred medical bills in excess of $26,000.00. 16. As a result of Defendant's negligence, Plaintiff Honey G. Freeman has suffered a loss of earnings and/or earning capacity. 17. As a result of Defendant's negligence, Plaintiff Honey G. Freeman has suffered an interruption of her daily habits and pursuits to her great and permanent detriment and loss. WHEREFORE, Plaintiff Honey G. Freeman demands judgment against Defendant in an amount in excess of $50,000.00 exclusive of interest and costs. Count II - Loss of Consortium Plaintiff Harvey Freeman v. Defendant 18. Paragraphs 1 - 17 are incorporated herein as though if fully set forth at length below. 19. As a result of Defendant's negligence, Plaintiff Harvey Freeman has been deprived of the society, companionship, contributions, and consortium of his wife Plaintiff Honey G. Freeman, to his great detriment and loss. 20. As a result of Defendant's negligence, Plaintiff Harvey Freeman has incurred and will in the future incur large medical bills and expenses to treat his wife's injuries. 21. As a result of Defendant's negligence, Plaintiff Harvey Freeman has suffered a disruption in his daily habits and pursuits and a loss of enjoyment of life pleasures. WHEREFORE, Plaintiff Harvey Freeman demands judgment against Defendant in an amount in excess of $50,000.00 exclusive of interest and costs. 1,0 o Da e Respectfully submitted, SAIDIS, FLOWER & LINDSAY r By: e ynos Attorney I.D. 80440 Thomas E. Flower Attorney I.D. 83993 Attorneys for Plaintiffs 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 VERIFICATION I, Honey G. Freeman, hereby verify that the ' statements made in the foregoing Complaint are true and correct to the best of my information, knowledge 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. Dated: 9/ 2008 Honey G. Fre an VERIFICATION I, Harvey Freeman, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. -? -?--? Dated: 2008 Harvey Fr man AW 0 5 2008 V w w ro ? n C _TJ } ". 1 d V _.. N eM'? c =s 1f .) cil q? f V c.}a C CJ Y} ?'f {rY ,, y CT7 . J,.f ot/) I Aw -1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FREEMAN HARVEY ET AL VS HOLTON BRITTNEY A R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 8th , 2008 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So an Docketing 18.00 Out of County 9.00 Surcharge 10.00 / R. as Kline Dep Dauphin County 41.25 her' f of Cumberland County Postage 1.35 79.60' ?Ilt' 09/08/2008 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of 1 A. D. f - In The Court of Common Peas of Cumberland County, Pennsylvania Harvey Freeman et al vs. Brittney A. Holton No. 08-5095 civil August 27, 2008 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Daupi' County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. , Sheriff of Cumberland County, PA Affidavit of -Service Now, , 20 at within upon at o'clock M. served the by handing to a and made known to Sheriff of Sworn and subscribed before me this day of , 20 copy of the original So answers, COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA i , , ... .fay Elf the ?'hcrrfrf Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Mary Jane der R al Estate DSnepu William T. Tully Solicitor • Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HARVEY FREEMAN ET AL VS BRITTNEY A HOLTON Sheriff s Return No. 2008-T-1864 OTHER COUNTY NO. 085095 And now: SEPTEMBER 3, 2008 at 12:35:00 PM served the within COMPLAINT upon BRITTNEY A HOLTON by personally handing to GENE HOLTON 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1907 BRIGGS STREET HARRISBURG PA 17103 BROTHER Sworn and subscribed to So Answers, before me this 3RD day of September, 2008 A!?w NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County 11, Commission Expires Sept 1 2010 Sheriff of D hin Co , Pa. By Deputy Sheriff Deputy: R HOPKINS Sheriffs Costs: $41.25 8/28/2008 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brittney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Brittney Holton. The Defendant reserves the right to otherwise plead in this matter. Date: September 16, 2008 B LAW OFFICE OF S Donald R. Dorer, E44uir Attorney for Defendant Identification No. 39126 Respectfully submitted, l ,? 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brittney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Dean E. Reynosa, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Attorney for Plaintiffs Date: September 16, 2008 - 1) Donald R. Dorer, Esquire Attorney for Defendant ?y ` s. ft ..?. ,'?'lam 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brittney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4.-5. Denied. Paragraphs 4 and 5 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). 6. Admitted. T-11. Denied. Paragraphs 7 through 11 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Defendant, Brittney A. Holton, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 12. Paragraphs 1 through 11 are incorporated herein by reference, and made a part hereof as if set forth in full. 11-17. Denied. Paragraphs 13 through 17 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. § 1029(e). WHEREFORE, Defendant, Brittney A. Holton, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part hereof as if set forth in full. 19.-21. Denied. Paragraphs 19 through 21 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Brittney A. Holton, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 22. Paragraphs 1 through 21 are incorporated herein by reference, and made a part hereof as if set forth in full. 23. The Plaintiffs' claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. § 1705. aw 24. The Plaintiffs' claims for medical expenses and/or wage losses may be barred, or should be reduced, pursuant to § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. WHEREFORE, Defendant, Brittney A. Holton, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, LAW OFFICE OF S Date: October 1. 2008 B Donald R. Dorer, Esqufr Attorney for Defendant Identification No. 39126 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brittney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Brittney A. Holton, verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. V Dated: Brittney A. Holto I • I 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brittney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS VS. BRITTNEY A. HOLTON, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: Date: October 1. 2008 Dean E. Reynosa, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Attorney for Plaintiff j. Donald R. Dorer, Esquire Attorney for Defendant CA) i t 1 In the Court of Common Pleas of Cumberland County, Pennsylvania Harvey Freeman and Honey G. Freeman, Husband and Wife . Plaintiffs, VS. Brittney A. Holton, Defendant, No. 08-5095 JURY TRIAL DEMANDED CIVIL TERM Plaintiff s Reply to Defendant's New Matter AND NOW comes the Plaintiffs, Harvey and Honey Freeman, by and through their legal counsel and hereby aver as follows in response to Defendant's New Matter: 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are hereby incorporated by reference as if they were fully set forth at length herein. 23. Denied. The averments stated in this paragraph state legal conclusions to which no response is required. 24. Denied. The averments stated in this paragraph state legal conclusions to which no response is required. WHEREFORE, Plaintiffs Harvey and Honey Freeman demand judgment against Defendant in an amount in excess of $50,000.00 exclusive of interest and costs. Respectfully submitted, SA LO -a/ - USA By Date Attorney for Plaintiffs 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 R CERTIFICATE OF SERVICE AND NOW, October c?'( , 2008, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFF'S REPLY to DEFENDANT'S NEW MATTER upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 C7 i ? an C-3 cr. rrt -" ms , :c "O s N Cr "" _4 jcJ' 'I?-I );().? ,U SAIDIS. hLONN ER t LINDSAY Dean E. l1ei nosa, Esquire '109 Market Street Camp Hill, PA 17011 "telephone Number: (717) 737-3405 Attorneys for Plaintiffs HARY'EY FREEMAN AND HONEY G. FREEMAN, HUSBAND :AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: ? ` _ SAIDIS, FLOWER & LINDSAY By: _ D an E. Revno.ut, E?Sd 1O?t Ylarke( Street Camp Hill. PA 1701 1 Telephone Number: (717) 73'' -3405 ltturneYs.fru- Pluintif fs Court I.D. ????Mlfj 08-016519 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Bridney Holton HARVEY FREEMAN AND HONEY G. FREEMAN, HUSBAND AND WIFE PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 5095 VS. BRITTNEY A. HOLTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praeci a to Settle, Discontinue and End to be served by regular first class mail upon: Dean E. Reynosa, Esquire Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Attorney for Plaintiffs Date: AprillW, 2009 Donald R. Dorer, Esquire Attorney for Defendant OF THE PF,"a "INOTRRY 2009 APR 17 Pik 1: 5 7 ?u N, Ty