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Home My WebLink About08-7226GEORGE McENTEE, and IN THE COURT OF COMMON PLEAS ANGIE McENTEE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 0$ - 7aa(a Civil Trio., SUSAN SUPKO, CIVIL ACTION - LAW Defendant 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, 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: D H R/tgd Cl David H Rosenberg, Esquire I. D.20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Rosenbergahhrlaw.com GEORGE McENTEE, and : IN THE COURT OF COMMON PLEAS ANGIE McENTEE, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. . NO. ?- SUSAN SUPKO, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, come the Plaintiffs, George McEntee and Angie McEntee, his wife, by and through their attorney, HANDLER, HENNING & ROSENBERG, by David H Rosenberg, Esquire, and make the within Complaint against the Defendant, Susan Supko as follows: 1. Plaintiff, George McEntee, is an adult individual currently residing at 403 4th Street, Box 179, Summerdale, Cumberland County, Pennsylvania 17093. 2. Plaintiff, Angie McEntee, is an adult individual currently residing at 403 4th Street, Box 179, Summerdale, Cumberland County, Pennsylvania 17093. 3. Defendant, Susan Supko, is an adult individual currently residing at 605 Maple Avenue, Marysville, Perry County, Pennsylvania 17053. 4. At all times material hereto, Plaintiff, George McEntee, was the owner and operator of a 2006 Ford Ranger bearing Pennsylvania license plate number RC1387 ("Plaintiff's vehicle") 5. At all times material hereto, Defendant, Susan Supko, was the operator of a 2004 Chevrolet, jointly owned by Russell Supko and Susan Supko, and bearing Pennsylvania license plate number DDG 3113 ("Defendant's vehicle"). 6. At all times material hereto, there were no adverse weather or road conditions. 7. On or about February 28, 2007, at approximately 12:08 p.m., Plaintiff, George McEntee, was traveling eastbound on Belle Vista Drive in East Pennsboro Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant, Susan Supko, was traveling westbound on Belle Vista Drive in East Pennsboro Township, Cumberland County, Pennsylvania, when suddenly and without warning, Defendant crossed over the double line, swerved into the Plaintiff's lane of travel on Belle Vista Drive, and although Plaintiff tried to avoid the Defendant's vehicle, Defendant's vehicle slammed head-on into Plaintiff's vehicle. 9. As a result of the violent head-on impact, Plaintiff's vehicle then struck an embankment and finally came to rest with disabling damage. 10. As a result of the collision, Plaintiff, George McEntee, was thrown into the rear-view mirror of Plaintiff's vehicle, had a violent impact with the windshield, and immediately felt extreme pain, so he was transported via ambulance to Harrisburg Hospital. 11. At the time of the collision, Plaintiff, George McEntee, was insured under a motor vehicle policy through Erie Insurance Group and covered by the Limited Tort Option, however, Plaintiff would be considered to have Full Tort coverage due to his sustaining serious injuries pursuant to 75 Pa. C.S.A. § 1705(d). 12. As a direct and proximate result of the negligence of the Defendant, Susan 2 AW Supko, Plaintiff, George McEntee, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE/RECKLESSNESS George McEntee v. Susan Supko 13. Plaintiffs, George McEntee, and Angie McEntee, his wife, incorporate and make part of this Count paragraphs 1 through 12 above, as if the same were set forth fully below. 14. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, George McEntee, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Susan Supko, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the roadway and the position of Plaintiff's vehicle approaching from the opposite direction; (b) In failing to operate her vehicle under proper and adequate control in negotiating the crest of a grade or curve so that she could have avoided Plaintiff's vehicle; (c) In disregarding the speed of vehicles, the condition of the highway, and the traffic upon the highway approaching from the opposite direction; (d) In failing to maintain proper and adequate observation of the existing traffic conditions in each direction; (e) In failing to keep a proper lookout for vehicles lawfully proceeding in the opposite direction,; (f) In failing to operate her vehicle on the right half of the roadway, in violation of 75 Pa. C.S.A. § 3301; 3 or (g) In failing to keep her vehicle off of the left side of the roadway, in violation of 75 Pa. C.S.A. § 3306; (h) In moving her vehicle without safety on a roadway laned for traffic, in violation of 75 Pa. C.S.A. § 3309; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; 0) In driving in a careless manner, in violation of 75 Pa. C.S.A. § 3714; (k) In failing to take such precautions that a prudent person would take under the circumstances in regard to the speed and control of her vehicle and in failing to keep a lookout for vehicles while approaching Defendant from the opposite direction. (1) In driving her vehicle upon a roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, sustained severe injuries, including, but not limited to, a fractured neck at the C5 level, a non-displaced incomplete fracture at the junction of the lamina and superior articular facet at C4 on the left side, severe pain to his head, sternum, and neck extending from his bilateral upper cervical area to both shoulders, tenderness in his neck and cervical spine, linear skin avulsion, multiple abrasions and contusions, significant loss of motion in his cervical spine and neck, chest pain and left rib tightness from a separated 4 rib, arthritis in his cervical spine secondary to the motor vehicle crash at the same area of his fracture, a herniated disc and pain in his back, and residual soft tissue injuries at the site of fracture. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, has suffered great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 19. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 20. As a direct and proximate result of the Defendant's negligence, Plaintiff, George McEntee, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 21. Plaintiff, George McEntee, believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, George McEntee, seeks damages from Defendant, Susan Supko, in an amount in excess of compulsory arbitration limits of Cumberland County. 5 COUNT II - LOSS OF CONSORTIUM Angie McEntee v. Susan Supko 22. Plaintiffs, George McEntee, and Angie McEntee, his wife, incorporate and make part of this Count paragraphs 1 through 21 above, as if the same were set forth fully below. 23. At all times material to this action, Plaintiffs, George McEntee, and Angie McEntee, were married as husband and wife. 24. As a direct and proximate result of Defendant's negligence, the Plaintiff, Angie McEntee, has suffered a loss of consortium, society, and comfort from her husband, George McEntee, and she will continue to suffer a similar loss in the future. 25. As a direct and proximate result of Defendant's negligence, the Plaintiff, Angie McEntee, has been compelled, in order to effect a cure for her husband's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Angie McEntee, seeks damages from the Defendant, Susan Supko, in an amount in excess of the compulsory arbitration limits of Cumberland County. DATE: Z Q? Respectfully submitted, HANDLER, HENNING & ROSENBERG BY: David H senberg, Esquire I.D. No. 20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 6 Ca T; C'? 9b 04 So ? r - { C? c-? -t7 ?s> t.w rJ -n F ;.err; F F: `F 1LES\CIienta\Doaega1 3050\Curren1\556,.3050.556. pra 1 C'eated: 9120/04 0:06PM :wised: 12/22/08 10A0AM 3050.556 George B. Faller, Jr., Esquire I.D. No. 4981.3 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant GEORGE McENTEE and IN THE COURT OF COMMON PLEAS OF ANGIE McENTEE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 08-7226 CIVIL ACTION - LAW SUSAN SUPKO, Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON LAW OFFICES By George B. aller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 22, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 MARTSON LAW OFFICES By Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 22, 2008 '. s ?. 7 ) - "t y,. ,. ?a?, ._„ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCENTEE GEORGE ET AL VS SUPKO SUSAN 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: SUPKO SUSAN but was unable to locate Her deputized the sheriff of PERRY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 23rd , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 46.40 Sheriff of Cumberland County Postage .93 84.33 ? 1?Ua??`? 12/23/2008 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania George McEntee, et. al. vs. Susan Supko No. 2008-7226 Civil Now, 12/12/08 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Par County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, December 17 20 0 8 , at 7:50 o'clock P M. served the within Complaint upon Susan Supko at 605 Maple Ave. Marysville, PA (Marysville Borough) 17053 by handing to Russell Supko, Defendants Husband a True & Attested copy of the original complaint and made known to Him the contents thereof. So answers ck Deputy Sh ff of Perry Sworn and subscribed before me this jjjh day of , 20 Ap mama&& R1 P v CARET F. UOSER, Not ry ' ftwlW eoro. Perry County Commbdw Bom Feb.16 2012 COSTS SERVICE _ MILEAGE _ AFFIDAVIT clan D. Houck Badge #8-4 County, PA ? . r ?; ?4 ? ? ,,?. , ? F:\F1LES\CGrnts\Donega13050\Cmrent\556\3050.556.ans l /nlm Created: 9/20/04 0:06PM Revised: 2/5/09 2:13PM 3050.556 George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant GEORGE McENTEE and ANGIE McENTEE, his wife, Plaintiffs, V. SUSAN SUPKO, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7226 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: GEORGE McENTEE and ANGIE McENTEE Plaintiffs, and their attorney, DAVID H. ROSENBERG, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes the Defendant, Susan Supko, by and through her attorneys, MARTSON LAW OFFICES, and hereby responds to Plaintiffs' Complaint as follows: 1-2. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in these paragraphs. 3-7. Admitted. 8-10. Denied pursuant to Pa. R.C.P. 1029(e). 11-12. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determine that a response hereto is necessary, the same is denied pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE/RECKLESSNESS George McEntee v. Susan Supko 13. The averments of paragraphs 1 through 12 are incorporated by reference as though fully set forth herein. 14-21. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determine that a response hereto is necessary, the same is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. COUNT II - LOSS OF CONSORTIUM Aniie McEntee v. Susan Supko 22. The averments of paragraphs 1 through 21 are incorporated by reference as though fully set forth herein. 23. Denied pursuant to Pa. R.C.P. 1029(e). 24-25. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determine that a response hereto is necessary, the same is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. NEW MATTER 26. The averments of paragraphs 1 through 25 are incorporated by reference as though fully set forth herein. 27. Plaintiffs' claims may be barred or reduced by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Defendant Susan Supko demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice. MARTSON LAW OFFICE ByJ George B ler, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 5, 2009 Attorneys for Defendant VERIFICATION The foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 7 ! Susan Supko R TILESThents\Donegal 3050\Current\556\3050.556.ans I CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG 1300 Linglestown Road Harrisburg, PA 17110 MARTSON LAW OFFICES ByZ f(4 Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 5, 2009 Ca R P n 4 -09i m -; I Co ? r ' ?fTi `Lry' = "? Ci 1 W David H Rosenberg, Esquire I.D.20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: Rosenberg hhrlaw.com _ GEORGE McENTEE, and IN THE COURT OF COMMON PLEAS ANGIE McENTEE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-7226 SUSAN SUPKO, CIVIL ACTION - LAW Defendant PLAINTIFFS' REPLY TO NEW MATTER Now, comes the Plaintiffs, George McEntee and Angie McEntee, by and through their counsel, HANDLER, HENNING & ROSENBERG, LLP, David H Rosenberg, Esq., and replies to Defendant's New Matter as follows: 26. This does not require a response. 27. Denied. This is a conclusion of law in which a response is not required. If a response was required, this conclusion of law is specifically denied. WHEREFORE, Plaintiff, George McEntee and Angie McEntee, seeks damages from the Defendant, Susan Supko, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ?l " D By David H R enberg, Esquire I.D. #20569 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff GEORGE McENTEE, and IN THE COURT OF COMMON PLEAS ANGIE McENTEE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-7226 SUSAN SUPKO, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE On the 17th day of February 2009, 1 hereby certify that a true and correct copy of Plaintiffs' Reply To New Matter was served upon the following by depositing in U.S. Mail; Mr. George B. Faller, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Angie M ntee o,,, 9 as a?M V VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit.. The language of the document is of counsel and, not my own. I have read the document and to the extent that it is based upon information.which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. . a=j&sz:?S?? Georg cEntee Date: 7Z2 s' ° 8 N I •° ....r r `f;i FrI ' Ct3, rJC?7 ff r ? . ? i ~?` J David H Rosenberg, Esquire I.D.20569 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax: (717) 233-3029 E-mail: Rosenberg-na hhrlaw.com GEORGE McENTEE, and ANGIE McENTEE, his wife Plaintiffs V. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7226 CIVIL ACTION - LAW SUSAN SUPKO, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 24' day of March 2009, I hereby certify that I have, on this date, served the within Plaintiff s, George and Angie McEntee's, answers to Defendants' Interrogatories & Request for Production of Documents addressed to Plaintiff, via first class mail by sending a true and correct copy of same to their attorney and including copies to all parties of interest as follows: Susan Supko c/o Trudy E. Fehlinger, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 HANDLER,gHENNING & ROSENBERG, LLP By: Date: 312/ /D7 Davi H Rosenberg, Esquire Att rney ID# 20569 1 00 Linglestown Road Harrisburg, PA 17110 (717)238-2000 r I'M GEORGE McENTEE, and IN THE COURT OF COMMON PLEAS ANGIE McENTEE, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-7226 SUSAN SUPKO, CIVIL ACTION - LAW Defendant rl, ; r -p PRAECIPE J TO THE PROTHONOTARY: - P C? Please mark the Docket in the above captioned matter as Settled, Discontinued and Satisfied. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: ? ? ? David Rosenberg, Esquire Supr me Court I.D. # 20569 13 Linglestown Road H rrisburg, PA 17110 17),'238-2000 DATED: Attorney for Plaintiff