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Home My WebLink About09-3202L KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs V. CARLENE A. BAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3,°Z6 7. CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED 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 an 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. 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 SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs V. CARLENE A. BAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 3 d-6,1- CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Keith A. Hummel and Christine Hummel, by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent as follows: 1. Plaintiffs, Keith A. Hummel and Christine Hummel, are citizens of the Commonwealth of Pennsylvania, husband and wife, who reside in Cumberland County, Pennsylvania. 2. Defendant, Carlene A. Baker, is a citizen of the Commonwealth of Pennsylvania and an adult individual who resides in Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter mentioned took place on or about March 18, 2008, at or about 6:36 a.m. at the intersection of East Main Street and South Chestnut Street, in the Borough of Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Keith A. Hummel was operating his motorcycle east on East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 5. At the same time, Defendant, Carlene Baker was operating her motor vehicle west on East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 46 6. At the aforementioned time and place, Defendant Baker began to turn left onto South Chestnut Street and drove her automobile into the eastbound lane of East Main Street directly into Mr. Hummel's lane of travel causing a head-on collision with Mr. Hummel's motorcycle. 7. The foregoing accident and all of the injuries set forth herein sustained by Plaintiff, Keith A. Hummel, are the direct and proximate result of the negligence, carelessness, wanton, and reckless manner in which Defendant, Carlene A. Baker operated her motor vehicle as follows: A. making an left turn in violation of the Vehicle Code; B. failure to keep her vehicle within her lane of travel; C. failure to yield the right of way to the Hummel motorcycle while attempting a left turn; D. failure to operate her vehicle at a speed which would allow her to stop prior to causing a collision with Mr. Hummel; and, E. driving her vehicle upon a highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others in violation of the motor vehicle code of the Commonwealth of Pennsylvania. COUNTI KEITH A. HUMMEL v. CARLENE A. BAKER 8. Paragraphs one through seven are incorporated herein by reference as though set forth at length. 9. Plaintiff, Keith A. Hummel sustained painful and severe injuries, which include but are not limited to dorsal spine muscle strain, medial collateral ligament injury to the left knee, left shoulder injury, back and neck injury and multiple contusions and abrasions. 10. By reason of the aforesaid injuries sustained by Plaintiff, Keith A. Hummel, he was forced to incur liability for medical treatment, physical therapy, medications, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefore. 11. Because of the nature of his injuries, Plaintiff Keith A. Hummel avers that he will be forced to incur similar expenses in the future, and claim is made therefore. 12. As a result of the aforementioned injuries, Plaintiff, Keith A. Hummel has undergone and will continue to undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 13. As a result of the aforementioned injuries, Plaintiff, Keith A. Hummel has been and in the future may be subject to humiliation and embarrassment, and claim is made therefore. 14. As a result of the aforementioned injuries, Plaintiff Keith A. Hummel has been unable to report to work and has sustained lost wages, and claim is made therefore. 15. Plaintiff Keith A. Hummel 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 therefore. COUNT II CHRISTINE HUMMEL v. CARLENE BAKER 16. Paragraphs one through fifteen are incorporated herein by reference as though set forth at length. 17. As a result of the aforesaid injuries sustained by her husband, Keith A. Hummel, Christine Hummel has been and may in the future may be deprived of the care, companionship, consortium and society of her husband, all of which will be to her detriment, and claim is made therefore. WHEREFORE, Plaintiffs, Keith A. Hummel and Christine Hummel respectfully request that judgment be entered against Defendant, Carlene Baker in an amount in excess of $50,000.00, exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, O'BRIEN, BARIC & SCHERER - -/?AA/I?, /A is a A. er , Esquire I. D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/hummel/complaint.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements are not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 5-' It-09 e-? Cs, - a"Ly Re 1-.?53?-6 Sheriffs Office of Cumberland County R Thomas Kline ???ntn of Culubt.. Edward L Schorpp Sheri Solicitor Ronny R Anderson. Jody S Smith Chief Deputy aC OF TfX SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/26/2009 06:55 M - Shawn Harrison, Deputy Sheriff, who being duly sworn according to laws states that on May 26, 200 at 1855 hours, he served a true copy of the within Complaint and Notice, upon the within named defend nt, to wit: Charlene A. Baker, by making known unto herself personally, defendant at 5001 McDon Id Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time ha ding to her personally the said true and correct copy of the same. SHERIFF COST: $39.24 May 27, 2009 Keith A.I Hummel SO ANSWERS, R THOMAS KLINE, SHERIFF By. Deputy!Sheriff A. Baker C) c a CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs V. CARLENE A. BAKER, Defendant NO. 2009-3202 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO PA.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Michael B. Scheib, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorney for the Defendant, Carlene A. Baker, in the above-captioned matter and mark the docket accordingly. Date: June 3, 2009 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: C MICHAEL B. SCHEIB, ESQUI Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Carlene A. Baker t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH A. HUMMEL & NO. 2009-3202 CIVIL TERM CHRISTINE HUMMEL, Plaintiffs V. CIVIL ACTION - LAW CARLENE A. BAKER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 3`d day of June, 2009, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: a 1, lxzwf MIC AEL B. S EIB, ESQUI Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Carlene A. Baker FILE RCE OF THE PPOTHONMARY 2009 JUN -5 PM 3: 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH A. HUMMEL & NO. 2009-3202 CIVIL TERM CHRISTINE HUMMEL, Plaintiffs V. CIVIL ACTION - LAW CARLENE A. BAKER, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Christine Hummel c/o Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 You are hereby n6tified 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. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: MICHAEL B. SCHEIB ESQUIRE Attorney for Defendant Supreme Court I.D. #63868 110 South Northern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH A. HUMMEL & NO. 2009-3202 CIVIL TERM CHRISTINE HUMMEL, Plaintiffs V. CIVIL ACTION - LAW CARLENE A. BAKER, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT COMES NOW, the Defendant, Carlene A. Baker, by and through her attorneys, Griffith, Strickler, Lerman, Solymos & Calkins and Michael B. Scheib, Esquire, and responds to the allegations in Plaintiffs' Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the Plaintiff, Keith A. Hummel, was operating a motorcycle east on East Main Street in Mechanicsburg, Pennsylvania. The remaining allegations are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 4 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 5. Admitted. 6. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 7. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. COUNTI KEITH A. HUMMEL v. CARLENE A. BAKER 8. Paragraphs 1 through 7 of Defendant's Answer with New Matter are incorporated herein as though fully set forth. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 10. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 11. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 12. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 13. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 14. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. 15. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, answering Defendant, Carlene A. Baker, respectfully requests this Honorable Court to enter judgment in her favor, together with costs of suit. COUNT II CHRISTINE HUMMEL v. CARLENE BAKER 16. Paragraphs 1 through 15 of Defendant's Answer with New Matter are incorporated herein as though fully set forth. 17. Denied. This paragraph states a legal conclusion to which no response is required. To the extent a response is required, the allegations are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of Plaintiffs' Complaint, and the same are denied and strict proof thereof is demanded. WHEREFORE, answering Defendant, Carlene A. Baker, respectfully requests this Honorable Court to enter judgment in her favor, together with costs of suit. By way of further answer, Defendant asserts the following: NEW MATTER 18. Paragraphs 1 through 17 of Defendant's Answer with New Matter are incorporated herein as though fully set forth. 19. Plaintiffs' injuries, if any, may be barred or limited by the Motor Vehicle Financial Responsibility Law. 26. Plaintiffs' injuries, if any, may be barred or limited by a limited tort selection. 27. Plaintiffs' injuries, if any, were caused by the acts or omissions of a third party over whom Defendant had no control. 28. Plaintiffs' injuries, if any, were caused by events which either pre-dated or post-dated the motor vehicle accident which is the subject of this lawsuit. 29. Plaintiffs' damages were caused by her own conduct. WHEREFORE, answering Defendant, Carlene A. Baker, respectfully requests this Honorable Court to enter judgment in her favor, together with costs of suit. Date: J? S , 2009 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By. MICHAEL B. SCHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Carlene A. Baker VERIFICATION I, Carlene A. Baker, hereby verify that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. Dated: ti,q-- a -32009 Gaelo-?- ",Q---- a Carlene A. Baker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs V. CARLENE A. BAKER, Defendant NO. 2009-3202 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thiscR5 ftay of June, 2009, I, Michael B. Scheib, Esquire, a member of the firm of Griffith, Strickler, Lerman, Solymos & Calkins, hereby certify that I have this date served a copy of the Defendant's Answer to Plaintiffs' Complaint Pursuant to Pa. R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 (Attorney for Plaintiffs) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: C? M C AEL B. CHEIB, ESQUIRE Supreme Court I.D. No. 63868 110 South Northern Way York, PA 17402-3737 (717) 757-7602 Attorney for Defendant, Carlene A. Baker ALED-OFFICE OF THE PPO'N'OTARY 2009 JUN 29 PM 3.08 F Pfa 14i?'S'YLVAN A KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs v. IN TH~ COURT OF COMMON PLEAS OF CUM ERLAND COUNTY„ PENNSYLVANIA NO. 2p09-3202 CIVIL TERM CIVIL (ACTION-LAW CARLENE A. BAKER Defendant JURYTRIAL DEMANDED 18. No answer required. 19. Denied. The allegations in this paragraph are conclusions of law to which '~ no responsive pleading is required. 26. Denied. The allegations in this pa~agraph are conclusions of law to which no responsive pleading is required. ', 27. Denied. The allegations in this pal~-agraph are conclusions of law to which no responsive pleading is required. 28. Denied. Plaintiff's injuries were caused or aggravated by the motor vehicle accident which is the subject of this litigation. 29. Denied. Plaintiff's injuries were caused by Defendant's conduct. Respectfully submitted, O'BRI~N, BARK & SCHERER _--`-l-t.~- ichael A. Scherer, Esquire D. 61974 9 West South Street :arlisle, Pennsylvania 17013 X17) 249-6873 mas.dir/personalinjury/hummel/newmatter.rep VERIFICAjTION The statements in the foregoing Plaintiff's Reply To New Matter are based upon information which has been assembled by our'attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we havle given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the pen~'~Ities of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: '1 " ~ ~'~ `~ ~~ ~ ,~: Keith A. Hummel CERTIFICATE OF SERVICE I hereby certify that on July 16, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of Plaintiffs ply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as Michael B. Sche Griffith, Strickler, Lerman 110 South Nor1 York, Pennsyly< ~, Esquire Solymos & Calkins Bern Way pia 17402 S. Lin ~-ILEr'~- .. :~,~~ a./~. ice, .. .. Zvi. ` ~ ., "~ ~'~' ,~ t _ f ,.''' : ~... KEITH A. HUMMEL & CHRISTINE HUMMEL, Plaintiffs v. CARLENE A. BAKER Defendant {N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3202 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued. Respectfully submitted, BARK SCHERER is ae c er, Esquire I.D. # 61974 Date: ~3~' 1~ 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs ~~ ~.a ~~, ~._ _~~: rz~3 c`~ ~ . , V.. -- .~, ~ ...;~ ~ ice, , ~ :~~ ?"TI ~ ~. ~~ - ~ .P ~ ~ ,~> _:: ~~ CERTIFICATE OF SERVICE I hereby certify that on September ~~ , 2010, I, Jennifer S. Lindsay, secretary at Baric Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael B. Scheib, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, Pennsylvania 17402 J nn' a indsa