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HomeMy WebLinkAbout09-4122COLGAN MARZZACCO, LLC By: Christopher J. Marzzacco ID No. 78262 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 502-5000 Attomey for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW D. HOLLAR and ALEXANDRA E. HOLLAR, his wife Plaintiffs V. ANDREW M. DAMON and PATRICIA A. DAMON, Defendants NO. b9- A41AA Civ%i -rem 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 COLGAN MARZZACCO, LLC By: Christopher J. Marzzacco ID No. 78262 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 502-5000 Attomey for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW D. HOLLAR and ALEXANDRA E. HOLLAR, his wife Plaintiffs NO. V. ANDREW M. DAMON and PATRICIA A. DAMON, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COME Plaintiffs, Matthew D. Hollar and Alexandra E. Hollar, his wife, by and through their counsel, Christopher J. Marzzacco, Esquire, of Colgan Marzzacco, LLC., respectfully averring the following: 1. Plaintiffs, Matthew D. Hollar and Alexandra E. Hollar, his wife, are adult residents of Pennsylvania, currently residing at 15 G Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Andrew M. Damon and Patricia A. Damon, are adult residents of Pennsylvania, currently residing at 417 Wren Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On or about January 19, 2008, Plaintiff Matthew Hollar was operating his vehicle, a 1995 Toyota 4Runner, southbound on the Carlisle Pike in Silver Spring Township, Cumberland County, Pennsylvania. 4. On the same date, Defendant Andrew Damon was operating Defendants' vehicle, a 1997 Kia Sonoma, northbound on the Carlisle Pike in Silver Spring Township. 5. On the aforementioned date, at approximately 3:50 pm, Plaintiff Matthew Hollar lawfully began to make a left turn from the southbound lane of the Carlisle Pike to pull into a driveway through two northbound lanes of vehicles, which were stopped for a red traffic signal ahead of them. 6. On the aforementioned date and time, Defendant Andrew Damon negligently and illegally drove his vehicle on the berm of the northbound lanes of the Carlisle Pike and into the passenger side of Plaintiff Matthew Hollar's car as it entered the driveway of 6485 Carlisle Pike. A collision occurred. 7. The aforementioned motor vehicle collision caused Plaintiffs' vehicle to spin counter-clockwise and resulted in severe physical damage to Plaintiffs' vehicle. 8. At the aforementioned date and place and at all times relevant thereto, Plaintiff Matthew Hollar exercised due care and caution for his safety while operating his vehicle. 9. The aforementioned motor vehicle collision and resulting injuries, damages and losses to Plaintiffs were caused solely and exclusively by the negligent conduct of the Defendant and were not caused in any way by the Plaintiffs. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Matthew Hollar and Alexandra Hollar are the direct and proximate result of the negligent and careless manner in which Defendant Andrew Damon operated his motor vehicle as follows: a) Failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b) Failure to apply his breaks in sufficient time to avoid striking the Plaintiffs' vehicle; c) Failure to keep alert and maintain a proper watch for other motor vehicles on the roadway; d) Failure to travel at a safe speed; e) Failure to drive his vehicle with due regard for the highway and traffic conditions then existing and of which he was or should have been aware; f) Failure to keep proper and adequate control over his vehicle; g) Failure to obey traffic control devices, as per the Pennsylvania Motor Vehicle Code; and h) Otherwise driving his vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and the safety of others as per the Statutes of the Commonwealth of Pennsylvania and/or the ordinances of Silver Spring Township pertaining to the operation of motor vehicles. CLAIM I: NEGLIGENCE MATTHEW D. HOLLAR v. ANDREW M. DAMON 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. As a direct and proximate cause of the aforementioned motor vehicle collision and the negligent conduct of Defendant, Plaintiff Matthew Hollar sustained serious personal injuries and impairments of bodily functions including, but not limited to a large left paracentral disc herniation at C6-7, left upper extremity C7 radicular symptoms and other neck injuries, as well as bilateral hand paresthesia, some of which may be permanent in nature. 13. By reason of the aforesaid injuries sustained by Plaintiff Matthew Hollar, he was forced to incur costs from medical treatment, medications, hospitalization and similar miscellaneous expenses in an effort to restore his health, and claim is made therefore. 14. Because of the nature of his injuries, Plaintiff Matthew Hollar has been advised and therefore avers that he may be forced to incur similar medical expenses in the future, and claim is made therefore. 15. As a result of the aforementioned injuries, Plaintiff Matthew Hollar has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 16. As a result of the aforementioned injuries, Plaintiff Matthew Hollar has suffered great humiliation and embarrassment and in the future will be subject to the same, and claim is made therefore. 17. As a result of the aforementioned injuries, Plaintiff Matthew Hollar has sustained work loss, loss of opportunity and a permanent reduction of his earning power and capacity, and claim is made therefore. 18. As a result of the aforesaid injuries, Plaintiff Matthew Hollar has sustained uncompensated work loss, and a claim is made therefore. 19. Plaintiff Matthew Hollar continues to suffer persistent pain and experiences 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. CLAIM II: LOSS OF CONSORTIUM ALEXANDRA E. HOLLAR v. ANDREW M. DAMON 20. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference. 21. As a result of the aforementioned injuries sustained by her husband, Matthew Hollar, Plaintiff Alexandra Hollar has been, and may in the future, be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment, and claim is made therefore. WHEREFORE, Plaintiffs Matthew D. Hollar and Alexandra E. Hollar demand judgment against Defendant Andrew M. Damon in an amount in excess of Fourty Thousand Dollars ($40,000.00), exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, COLGAN MARZZACCO, LLC By: Christop er J. M rzzacco, Esquire Attorney ID #78262 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 502-5000 Attorney for Plaintiffs Matthew and Alexandra Hollar Date: (` "? VERIFICATION The undersigned, MATTHEW D. HOLLAR, verifies that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Dated: MATTHEW D. HOLLAR VERIFICATION The undersigned, ALEXANDRA E. HOLLAR, verifies that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, Dated: (o? ac' -lM6J5M ' O- 'C • 1-6 ? ALEXANDRA E. HOLLAR QSj 0 c [ tf'ii ?'" ^k !Tt 2C0 9 - ? 1' 16 F 1'i 2: 2 0 Ciulefi 'IN 1 Y *78.50 PA ATrl cw,-v 3l3! R.T# ouiv W Sheriffs Office of Cumberland County R Thomas Kline Sheriff %V 0 irmbrr??h4 Edward L Schorpp Solicitor Ronny R Anderson Chief Deputy OFFICE OF T E S-ERIFF Jody S Smith Civil Process Sergeant Matthew D. Hollar vs. Andrew M. Damon Case Number 2009-4122 SHERIFF'S RETURN OF SERVICE 06/29/2009 06:38 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Andrew M. Damon, by making known unto Samatha Damon, wife of defendant at 417 Wren Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWERS, ??srie?w? ?a?. July 01, 2009 R THOMAS; KLINE, SHERIFF De uty S eriff 0 N _ 4„ r-1:;1 Z r r . tiC7 ?^- ` ? `.` r-- rr1 TJ C-,-_ rT1 Sheriffs Office of Cumberland County R Thomas Kline AI ELI, 4'. r j Sheri r, r _ v L r.'},?I Ronny R Anderson VZ4 Chief Deputy J?$ Jody S Smith Civil Process Sergeant C?F tCc > . , s tn?rr CL !V Edward L Schorpp Solicitor Matthew D. Hollar vs. Case Number Andrew M. Damon 2009-4122 SHERIFF'S RETURN OF SERVICE AMENDED 06/29/2009 06:38 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Andrew M. Damon, by making known unto Samatha Damon, wife of defendant at 417 Wren Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Patricia A. Damon, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 07/02/2009 02:12 PM - Dauphin County Return: And now July 2, 2009 at 1412 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Patricia A. Damon by making known unto Ivan Alexander, adult in charge at 6307 Pine Street Harrisburg, Blue Bell, PA 19422 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 SO ANSWERS, July 07, 2009 R THOMAS KLINE, S RIFF Deputy Sheriff tAlve Elf the '46- r Mary Jane Snyder Real Estate Depuy William T. Tully f Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MATTHEW D HOLLAR VS PATRICIA A DAMON Sheriff s Return No. 2009-T-1858 OTHER COUNTY NO. 094122 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy And now: JULY 2, 2009 at 2:12:00 PM served the within COMPLAINT upon PATRICIA A DAMON by personally handing to IVAN ALEXANDER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 6307 PINE STREET HARRISBURG PA 17112 BOYFRIEND Sworn and subscribed to before me this 6TH day of July, 2009 "A 41 NOTARIAL SEAL ARY JANE SNYDER Notary Publi Highspire, DaupLin County M Commission L-x ires Set 1, 2010 So Answers, Sheriff of Dau1r i C By® Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 7/2/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Matthew D. Hollar Patricia A. Damon 6307 Pine Street Harrisburg, PA 17112 vs. Civil No. 2009-4122 Now, June 30, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin 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 o'clock M, served the within upon at by handing to. a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before COSTS me this day of 20 SERVICE $ MILEAGE AFFIDAVIT MATTHEW D. HOLLAR and : IN THE COURT OF COMMON PLEAS ALEXANDRA E. HOLLAR :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-4122 v. ANDREW M. DAMON Defendant :JURY OF TWELVE DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. ANSWER WITH NEW MATTER OF DEFENDANT ANDREW M. DAMON TO PLAINTIFFS' COMPLAINT 1. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. 2. Admitted in part and denied in part. It is admitted that Defendant Andrew M. Damon and Defendant Patricia A. Damon are adult residents of Pennsylvania; however, it is admitted only that Defendant Andrew M. Damon resides at 417 Wren Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 6. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 7. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 8. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 9. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 10. a-h. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, 2 the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). CLAIM I: NEGLIGENCE MATTHEW D. HOLLAR V. ANDREW M. DAMON 11. Answering Defendant incorporates herein paragraphs 1 through 10 of this answer as though fully set forth at length. 12. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 13. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 14. After reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph, and the same are, therefore, denied, strict proof being demanded at trial, if relevant. 15. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 3 16. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 17. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 18. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 19. The averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). CLAIM II: LOSS OF CONSORTIUM ALEXANDRA E. HOLLAR V. ANDREW M. DAMON 20. Answering Defendant incorporates herein paragraphs l through 19 of this answer as though fully set forth at length. 21. The averments contained in this paragraph are legal conclusions to which no responsive pleading is required. To the extent that a responsive pleading is required, the averments contained in this paragraph are denied generally, pursuant to Pa.R.C.P. 1029(e). 4 WHEREFORE, Answering Defendant Andrew M. Damon respectfully requests that this Honorable Court dismiss Plaintiffs' complaint in its entirety, with prejudice. NEW MATTER 22. Answering Defendant incorporates herein paragraphs 1 of this Answer through 21 as though fully set forth at length. 23. The applicable Statute of Limitations may have expired prior to the proper institution of this action. 24. Answering Defendant was not negligent. 25. Plaintiff may have failed to state a cause of action upon which relief can be granted. 26. Any acts or omission of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or the losses of Plaintiff. 27. The incident and/or damages described in Plaintiff s Complaint may have been caused or contributed to by the Plaintiff. 28. The negligent acts or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 29. Plaintiff may have assumed risk. Plaintiff may have been contributorily negligent. 30. The incident, injuries and/or damages alleged to have been sustained by Plaintiff were not proximately caused by Answering Defendant. 5 31. Plaintiff may have failed to mitigate his damages. 32. Plaintiff may have selected the "limited tort" option under his motor vehicle insurance policy, thereby waiving any non-economic damages claim for injuries that are not found to be serious. 33. Defendant hereby avers that the injuries sustained by Plaintiff, if any, were not "serious" under the statute, thereby negating any non-economic claim by Plaintiff. 34. Plaintiff s recovery of this case, if any, is limited by the provisions of 75 Pa.C.S.A. §§1720 and 1722. WHEREFORE, Defendant Andrew M. Damon respectfully requests that this Honorable Court dismiss Plaintiff s Complaint, in its entirety, with prejudice. Respectfully submitted, FORRY ULLMAN SE F. MU QUIRE Attorney ID No. 78119 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 (717) 441-9257 Date: October 9, 2009 Attorneys for Defendant 6 VERIFICATION I, Andrew Damon, do hereby verify that the foregoing Answer with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that the Answer with New Matter, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of this Answer with New Matter and the defense of this case; tha± the language of ±he Ans~~~er with ?~1e ~v Matter is that of counsel; that subject to the limitations set forth herein, the averments of the Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made in the foregoing document are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~~ D D FORRY ULLMAN BY: Joseph F. Murphy, Esquire Attorney I.D. No. 78119 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 j murphy@forryullman. com MATTHEW D. HOLLAR and ALEXANDRA E. HOLLAR Plaintiffs v. ANDREW M. DAMON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4122 JURY OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Beth Myers, of FORRY ULLMAN, attorneys for Defendant Andrew M. Damon certify that the within Answer with New Matter was served, this date, by first-class mail, postage prepaid, addressed as follows: Christopher J. Marzzaco, Esquire Colgan Marzzacco, LLC 130 West Church Street, Suite 100 Dillsburg, PA 17019 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY ULLMAN, P.C. By: MYERS, P Date: October 9, 2009 7 Z,~~g C~ ~ ! 3 F~4 ~: ! T! ii. r .