Loading...
HomeMy WebLinkAbout09-5405LISA DRANK IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. OR - 5405 34-rerlK STEPHANIE LEARISH Defendant. CIVIL ACTION - LAW 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, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SCHMIDT KRAMER PC By: Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, Pa 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff LISA DRANK IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. C1. 5yol? l M-- STEPHANIE LEARISH Defendant. CIVIL ACTION- LAW COMPLAINT AND NOW, comes the Plaintiff, Lisa Drank, by and through her attorneys, SCHMIDT KRAMER PC, and hereby avers as follows: 1. The Plaintiff, Lisa Drank, currently and at all times relevant hereto has resided at 7270 Huntington Street, Harrisburg, Dauphin County, Pennsylvania, 17111. 2. The Defendant, Stephanie Learish, is an adult individual believed to be currently residing at 1211 Summit Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts which give rise to this cause of action occurred on or about May 5, 2008 on Interstate 81 (I-81) heading south in Cumberland County, Pennsylvania at approximately 4:33 pm. 4. At the time of the accident, Plaintiff Lisa Drank was the operator of a vehicle traveling south in the right-hand lane on I-81. 1 5. At the time of the accident, Defendant Stephanie Learish was the operator of a vehicle traveling south in the left-hand lane on I-81. 6. At the aforementioned time and place, Defendant Stephanie Learish crossed the dotted line into the right lane and struck the left rear bumper of Plaintiff Lisa Drank's vehicle causing it to spin out of control, travel off of the highway, and roll over once before coming to a rest in a field along the roadway. 7. At the aforementioned time and place, Defendant Stephanie Learish was driving negligently, carelessly, and/or recklessly as set forth below, causing the collision with Plaintiff Lisa Drank. 8. The accident was in no way caused or contributed to by the Plaintiff, Lisa Drank, and was solely caused by the Defendant, Stephanie Learish, for the reasons set forth below. 9. The accident either caused, aggravated, exacerbated, and/or contributed to the serious injuries set forth below. COUNT I NEGLIGENCE LISA DRANK v. STEPHANIE LEARISH 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference and made part thereof as if set forth in full. 11. The negligence, carelessness, and/or recklessness of Defendant Stephanie Learish consisted of, including, but not limited to, the following: A. Operating her vehicle at an excessive rate of speed under the circumstances; 2 B. Failing to have her vehicle under proper and adequate control; C. Failing to apply the brakes in time in order to avoid the collision with the Drank vehicle; D. Failing to operate her vehicle according to existing traffic and weather conditions and/or traffic controls; E. Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; F. Failing to keep a reasonable lookout; G. Operating her vehicle in a reckless and careless manner; H. Operating her vehicle in a manner so as to create a dangerous situation for other vehicles on the roadway; I. Failing to allow for a proper distance between her vehicle and the other vehicles on the road; and J. Failing to drive in a manner as to not lose control of her vehicle. 12. As a direct and proximate result of the actions of Defendant Stephanie Learish, the Plaintiff, Lisa Drank, is believed to have sustained injuries, including, but not limited to neck pain, multiple contusions and abrasions, ecchymosis, and left arm pain. 13. As a direct and proximate result of the actions of Defendant Stephanie Learish and the injuries sustained in the accident, the Plaintiff, Lisa 3 Y Drank, incurred medical bills and may continue to incur medical bills for treatment in the future, and thus, a claim for these medical bills is made. 14. As a direct and proximate result of the actions of Defendant Stephanie Learish, the Plaintiff, Lisa Drank, has undergone in the past and may continue to undergo in the future great inconvenience, and thus, a claim for this loss is made. 15. As a direct and proximate result of the actions of Defendant Stephanie Learish, the Plaintiff, Lisa Drank, may have suffered a diminution of her ability to enjoy life and life's pleasures and may continue to suffer permanent diminution in the future, and thus, a claim for these losses is made. 16. As a direct and proximate result of the actions of Defendant Stephanie Learish, the Plaintiff, Lisa Drank, may have been obliged to spend various sums of money and incur various expenses for the injuries she has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 17. As a direct and proximate result of the actions of Defendant Stephanie Learish, the Plaintiff, Lisa Drank, may have suffered special or general damages which may be revealed during discovery, and thus, a claim for these losses is made. 4 WHEREFORE, the Plaintiff, Lisa Drank, demands judgment of the Defendant, Stephanie Learish, in an amount in excess of an amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT KRAMER PC Date: ? -? 99 By: A n/ Scott B. Cooper, Esquire I.D. No. 70242 209 State Street Harrisburg, PA 17101 (717) 232-6300 (717) 232-6467 Fax scooper@schmidtkramer.com Attorney for Plaintiff 5 .0, ? VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL I, Lisa Drank, hereby verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon the information which has been gathered by my counsel in preparation of this lawsuit. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the Complaint are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications made to authorities. LISA DRANK DATE: -112 5 1 0 C1 Q 2 0 J , -?? iii f ! C = v 4'T8. 'SO PIN AIV Co la5os eaasq gy Sheriffs Office of Cumberland County R Thomas Kline Y! r' Sheriff 6tn of?tttt6rrf,?? p Ronny R Anderson ; 4 2009 UG 11 A g ? Chief Deputy Jody S Smith Civil Process Sergeant OFF JOE OF THE ""RIFF Edward L Schorpp Solicitor Lisa Drank vs. Stephanie Learish Case Number 2009-5405 SHERIFF'S RETURN OF SERVICE 08/05/2009 04:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 5, 2009 at 1640 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephanie Learish, by making known unto herself personally, defendant at 1211 Summit Way Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 06, 2009 SO ANSWERS, j g ?? eA? 'A-f90MAS KLINE, HERIFF Deputy Sheriff FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney ID #64059 540 Court Street; P.O. Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777-249 clohnston(a forrYullman.com Attorney for Defendant LISA DRANK : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-5405 STEPHANIE LEARISH CIVIL ACTION LAW Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant STEPHANIE LEARISH in the above case and designate 540 Court Street, P.O. Box 542, Reading, Pennsylvania 19603, as the place notices and papers other than original process may be served. FORRY ULLMAN By: ZA*? C S C. J STON, ESQUIRE DATE: 0 13 O LISA DRANK Plaintiff vi. STEPHANIE LEARISH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-5405 CIVIL ACTION LAW CERTIFICATE OF SERVICE I, CURTIS C. JOHNSTON, ESQUIRE, hereby certify that a true and correct copy of the Praecipe for Entry of Appearance was mailed by first class mail addressed as follows: SCOTT B. COOPER, ESQUIRE Schmidt Kramer 209 State Street Harrisburg, PA 17101 FORRY ULLMAN By: CURTIS C. J "TON, ESQUIRE Date: August 13, 2009 FitM-OFFt OF Tr E PROTHMTMY 2019 AUG 14 PM 3: 01 COJNTY p YLVAI FORRY ULLMAN CURTIS C. JOHNSTON, ESQUIRE Attorney ID #64059 540 Court Street; P.O. Box 542 Reading, PA 19603 610.777.5700 / FAX 610.777-249 cjohnston@forryullman.com Attorney for Defendant LISA DRANK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 09-5405 STEPHANIE LEARISH CIVIL ACTION LAW Defendant : JURY TRIAL DEMANDED DEFENDANT, STEPHANIE LEARISH'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, Defendants, Stephanie Learish, by and through her attorneys, Forry Ullman, and hereby files the following Answer to Plaintiffs' Complaint with New Matter and states as follows: 1. Admitted on information and belief. 2. Admitted. 3. Admitted. 4-6. Denied as stated. It is admitted only that Defendant, Stephanie Learish was an operator of a motor vehicle which was involved in a collision with Plaintiff's vehicle on Southbound Route I-81 at the date and time alleged in Plaintiff's Complaint. The remaining averments are generally denied pursuant to Pa. R.C.P. 1029(e). Strict proof thereof, if relevant, is demanded at trial. 7. Denied as stated. The averments contained in Paragraph 7 of Plaintiff's Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 8. Denied as stated. The averments contained in Paragraph 8 of Plaintiff's Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 9. Denied as stated. The averments contained in Paragraph 9 of Plaintiff's Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. COUNT I - NEGLIGENCE 10. Answering Defendant hereby incorporates by reference Paragraphs 1 - 9 of this Answer as though more fully set forth at length herein. 11 (a j). Denied as stated. The averments contained in Paragraph 11(a j) of Plaintiffs Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 12. Denied as stated. The averments contained in Paragraph 12 of Plaintiff's Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 13. Denied as stated. The averments contained in Paragraph 13 of Plaintiff's Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 14. Denied as stated. The averments contained in Paragraph 14 of Plaintiffs Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 15. Denied as stated. The averments contained in Paragraph 15 of Plaintiffs Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 16. Denied as stated. The averments contained in Paragraph 16 of Plaintiffs Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. 17. Denied as stated. The averments contained in Paragraph 17 of Plaintiffs Complaint constitute conclusions of law to which no response is required. The averments are further generally denied pursuant to Pa. R.C.P. Rule 1029(e). Strict proof thereof, if relevant, is demanded at trial. NEW MATTER Answering Defendant hereby asserts the following New Matter in accordance with Pa. R.C.P. Rule 1030 and states as follows: 18. The Plaintiffs Complaint fails to state a claim upon which relief may be granted. 19. The Plaintiff s claims are barred by the statute of limitations. 20. The Plaintiff s claims are barred in full or in part pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law including, but not limited to, the Plaintiffs limited tort election if applicable and the preclusion of recovering any amounts for benefits paid or payable under the MVFRL. 21. The Plaintiffs claims are barred in full or in part to the extent Plaintiff failed to mitigate her damages. 22. The Plaintiffs claims are barred in full or in part to the extent that the subject automobile accident was not the proximate cause of some or all of the Plaintiffs alleged injuries and damages, some or all of which were pre-existing conditions not aggravated by the subject accident. 23. The Plaintiff's claims are barred in full or in part to the extent Plaintiff has fully and/or partially recovered from all or some of her alleged injuries and damages, some or all of which are not causally related to the subject accident. 24. Plaintiff s claims are barred in full or in part by the doctrine of Release, Accord and Satisfaction, and/or Payment. WHEREFORE, Defendant, Stephanie Learish respectfully requests that judgment in her favor and against Plaintiff, plus all other relief available under law. Respectfully submitted, FORRY ULLMAN By: CUR S C. J STON, ESQUIRE DATE: August 27, 2009 VERIFICATION I, STEPHANIE LEARISH, do hereby verify that the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter was prepared with the assistance and advice of counsel, upon whose advice I have relied; that Defendant's Answer to Plaintiff's Complaint 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 Defendant's Answer to Plaintiff's Complaint with New Matter and the defense of this case; that the language of Defendant's Answer to Plaintiff's Complaint with New Matter is that of counsel; that subject to the limitations set forth herein, the averments of Defendant's Answer to Plaintiff's Complaint 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: STEPHANIE LEARISH LISA DRANK : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. DOCKET NO. 09-5405 STEPHANIE LEARISH : CIVIL ACTION LAW Defendant CERTIFICATE OF SERVICE I, CURTIS C. JOHNSTON, ESQUIRE, hereby certify that a true and correct copy of Defendant, Stephanie Answer to Plaintiff's Complaint with New Matter was mailed by first class mail addressed as follows: SCOTT B. COOPER, ESQUIRE Schmidt Kramer 209 State Street Harrisburg, PA 17101 Respectfully submitted, FORRY ULLMAN By: Cv?zAN4?? CURTIS J HNSTON, ESQUIRE Date: August 27, 2009 . RUED OF TIILE PP ?', sf `^ TAIPY 2CO Uu" 31 r' j 2. ?4 +: ?LBPOENA RECORDS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lisa Drank vs. Stephanie Learish Page 2 of 3 Court of Common Pleas Case Number: 09- 5405 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Curtis Johnston, Esquire of Forry Ullman - Reading certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 10/12/2009 CC: Curtis Johnston, Esquire Forry Ullman - Reading 540 Court Street P.O. Box 542 Reading PA 19603 Litigation Solutions, LLC on behalf of Curtis Johnston, Esquire of Forry Ullman - Reading Attorney for the Defense http://rats.litsol.comlratsevents/subpoena-records.asp?WRid=WR40823&PLid=PL34445... 10/12/2009 PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Lisa Drank Court of Common Pleas Vs. Stephanie Learish 09-5405 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Colonial Park Family Practice All available TO: Scott Cooper, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC') on behalf of Curtis Johnston, Esquire intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Date of Issue: 10/1/2009 CC: Curtis Johnston, Esquire - Court of Common Pleas F-0{rrY !f likuli 4 " pee' ' tlj If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 Litigation Solutions, LLC on behalf of: Curtis Johnston, Esquire Defense COUNSEL LISTING FOR LISA DRANK VS. STEPHANIE LEARISH County of Cumberland Court of Common Pleas Counsel Cooper, Esquire, Scott Firm Counsel Type 209 State Street Harrisburg PA 17101 Opposing Counsel 717- ?- Z- 6';d o 1= 7(7-237-?'?1 COIF ON Tvw E [ .TIC Or PENNS r v aU-T!2 , COUNTY OF CUMBERLAND Lisa Drank vs. Stephanie Learish 09-5405 File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PUPSUA-NT TO RULE 4009.22 TO: Colonial Park Family Practice (Name of Person or Entity) %Vithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ;PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after-its service, the party serving this subpoena may seek a court order compelling you to comply with it. TPIIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Curtis Johnston, Esquire ADDRESS: 540 Court Street P.O. Box 542 Reading PA, 19603 TELEPHONE: 610-777-5700 SUPREME COURT ID # '64 O5 9 ATTORNEY FOR: D e f e n s e BY THE COURT: Prothonotary, Civil Division Date: `?4t.4,? Se 1 of the Court -? Deputy Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Colonial Park Family Practice 4807 Jonestown Road Suite 141 Harrisburg PA 17109 Attention: Records Department Subject: Drank, Lisa SS # : 7640 Date of Birth: 7/31/1965 Requested Items: Please remit: a complete copy of any and all documents in your possession from 5/1/2001 to Present regarding the above-named patient, including but not limited to: • Medical records (charts, test results, reports, correspondence, office notes) • A LIST of Films (X-rays, MRIs, CTs), • Billing records. F1Lr';- -,?CE CE THE'' NOTARY 2099 OCT 13 P 1: 23