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Home My WebLink About09-5644TRICIA M. PLANK and PHILLIP J. PLANK 5330 Old Harrisburg Road York Springs, PA 17372 Plaintiffs VS. DANIEL P. HOHMAN 4250 Carlisle Road Gardners, PA 17324 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. v y-r(o yy CIVIL PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY, Please issue a writ of summons upon the above captioned Defendant. Thank you for your prompt attention to this matter. Date: %u x413, teol Respectfully submitted, Jos . Buckley, Escf torney for the Plaintiff ID #38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 OF JMTARY 2a9 AUG 1 3 Ph 2: 54 i ?'?LV?II?iV1 ??,? qq 9 4.0, a- a 9 / V- (" Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS TRICIA M. PLANK and PHILLIP J. PLANK 5330 OLD HARRISBURG ROAD YORK SPRINGS, PA 17372 Plaintiff Vs. DANIEL P. HOHMAN 4250 CARLISLE ROAD GARDNERS, PA 17324 Defendant Court of Common Pleas No 09-5644 In CivilAction-Law To DANIEL P. HOHMAN, You are hereby notified that TRICIA M. PLANK AND PHILLIP J. PLANK, the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment m9i be entered againjS you. (SEAL) Cup ris-R. Long, Pr of Date August 13, 2009 By Attorney: JOSEPH D. BUCKLEY, ESQUIRE Deputy Name: Address: 1237 HOLLY PIKE, CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: (717) 249-2448 Supreme Court ID No. 38444 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor % Loll," r c!t ??c+r?brrf n? QFF!C' E OF T! ; -BRIFF FILEC40,-FICF OF THE P"R?Mr -i;DN ARY Tricia M. Plank vs. Daniel P. Hohman 2004 AUG 19 AM 9: 16 CUMBEii,`. i,t Vf,)Uj M PENNSYL. ANIA Case Number 2009-5644 SHERIFF'S RETURN OF SERVICE 08/15/2009 08:35 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 15, 2009 at 0835 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Daniel P. Hohman, by making known unto Tishia Hohman, wife of defendant,at 4250 Carlisle RoagGardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.34 August 17, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By 040oe Deputy Sheriff K ? JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjsCc?jdsw.com TRICIA M. PLANK and PHILLIP J. PLANK, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5644 Civil V. CIVIL ACTION - LAW DANIEL P. HOHMAN, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Daniel P. Hohman in the above-captioned matter. Respectfully submitted, , DUFFIE, STEWART & WEIDNER Date: August 25, 2009 375321 Jeff rsdn J. Shipman, Esquire Atto ney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant CERTIFICATE OF SERVICE 1 hereby certify that a copy of the foregoing Praecipe for Entry, of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 25, 2009: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER J. Shipman RE.J 'mot ?r^r_ 'OF TH?: 2009AUG 26 r- t 3.21+ culld" ??.:41? 'nt/mss JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: itsCcD_jdsw.com TRICIA M. PLANK and PHILLIP J. PLANK, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5644 Civil V. DANIEL P. HOHMAN, Defendant TO THE PROTHONOTARY: PRAECIPE CIVIL ACTION - LAW JURY TRIAL DEMANDED PLEASE enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of the date of service thereof or suffer judgment of non pros. Date: October 28, 2009 JOHNSON, DUFFIE, STEWART & WEIDNER By eff rson J. Ship an, Esquir RULE TO: Plaintiffs Tricia M. and Phillip J. Plank c/o, Joseph D. Buckley, Esquire You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. A it. J Date: /0#9/09 stz k4 P thonotary J__?/ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Rule to File Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on October 28, 2009: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER Z? IA/ Je er on J. S-hipmafi OF THE U^r+,-ONRY 2009 OCT 29 FM 3: 23 CJU 'LJNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRICIA M. PLANK and PHILLIP J. PLANK Plaintiffs vs. DANIEL P. HOHMAN Defendant NO. 09-5644 CIVIL JURY TRIAL DEMANDED IMPORTANT NOTICE r~_ _~- _ _,_, ~=y ~, --~ \J ~ N ! 1 -~ r-n _r3 V ~.__ . ~. =,~ i: . .. (_: w N L~i J ti .. .__, :,:~ c_~ r~ 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 days (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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 n ~ { J ,r„ _ C-) ~~ ~ J-'-7 ~'' rn T 'L- ~ Q7 f l) ,77 `~' N _ - ~,,; ~r,~ _j .~ ~._ ..; .~ _n. '~-~ IN THE COURT OF COMMON PLEAS OF n' ` ~'' ` a CUMBERLAND COUNTY PENNSYLVANIA ~~ ~; , TRICIA M. PLANK and PHILLIP J. PLANK Plaintiffs vs. DANIEL P. HOHMAN Defendant NO. 09-5644 CIVIL JURY TRIAL DEMANDED COMPLAINT AND NOW this ~~~ day of February, 2010, come Plaintiffs, by and through his counsel, Joseph D. Buckley, Esquire and complain of Defendant as follows: COUNT I -Claim of Plaintiff Tricia Plank 1. Plaintiff, Tricia M. Plank, ("Plaintiff') is an adult female currently residing with her husband, Plaintiff Phillip J. Plank, at 5330 Old Harrisburg Road, York Springs, Adams County, PA 17372. 2. Defendant is adult male currently residing at 4250 Carlisle Road, Gardners, Cumberland County, PA 17324. 3. On or about August 18, 2007, Plaintiff was driving her motor vehicle, a 2002 BMW model BXS, and was stopped in traffic for a red traffic signal indicator in the left lane of northbound Route 15 in York County, PA. 4. At the same time Defendant was operating his motor vehicle, a 2005 Dodge SLT on said northbound Route 15 in York County. 5. Defendant was operating his vehicle in a negligent manner in that he did not observe that the vehicles in front of him were stopped for a red light and caused an accident with the vehicle which Plaintiff was operating and struck said vehicle in the rear causing damage to Plaintiff's vehicle and person. 6. As a result of Defendant's negligent operation of his vehicle and of the impact of the vehicle which Plaintiff was operating and Defendant's vehicle, Plaintiff suffered severe injuries. 7. The proximate cause and/or a substantial factor in causing the accident was Defendant's failure to operate his vehicle in a safe and proper manner. 8. As a result of the accident caused by Defendant's negligent act or acts, Plaintiff suffered injuries to her neck, back, legs and arms and has undergone many months of medical treatment and therapy to alleviate or correct the injuries suffered as a result of the accident and is still under doctor's care. 9. As a result of the accident caused by Defendant's negligent act or acts, Plaintiff has returned to work in her former capacity, but has many restrictions and limited use of her arm and shoulder and continues to have back and neck issues and pain. 10. As a result of the accident caused by Defendant's negligent act or acts, Plaintiff is permanently disabled. 11. As a result of the accident caused by Defendant's negligent act or acts and the multiple injuries sustained therefrom, Plaintiff will have to endure intensifying pain in her shoulder, arm, legs, back and neck. 12. Plaintiff has incurred medical bills not in excess of twenty-five thousand dollars. 13. Plaintiff will incur future medical bills in excess of twenty-five thousand dollars. 14. Plaintiff has suffered loss of wages not in excess of twenty-five thousand dollars. 15. Plaintiff will suffer future loss of wages in excess of twenty-five thousand dollars. 16. Plaintiff has suffered pain and suffering in excess of twenty-five thousand dollars. 17. Plaintiff will suffer future pain and suffering in excess of twenty-five thousand dollars. 18. Plaintiff has suffered loss of enjoyment of life in excess of twenty-five thousand dollars. 19. Plaintiff will suffer future loss of enjoyment of life in excess of twenty-five thousand dollars. COUNT II -Loss of Consortium 20. Plaintiffs incorporate by reference the allegations contained in paragraphs 1- 19 above, as though set forth herein at length. 21. Plaintiff Phillip J. Plank has suffered loss of consortium in an amount not in excess of fifty thousand dollars ($50,000.00) as a result of the injuries to his wife, Plaintiff Tricia Plank, said injuries being caused by the negligent acts of Defendant. WHEREFORE, Plaintiff Tricia Plank prays that this Honorable Court enter a judgment in her favor as against Defendant in an amount in excess of one hundred thousand dollars ($100.000.00) together with interest and costs of this action and further that Plaintiff Philip Plank prays that this Honorable Court enter a judgment in his favor as against Defendant in an amount not in excess of fifty thousand dollars ($50.000.00) together with interest and costs of this action Respectfully submitted ~.~ Attorney of the Plaintiff ID # 3 8444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com VERIFICATION We, TRICIA M. PLANK and PHILLIP J. PLANK ,verify that we have read the foregoing Complaint and to the best of our individual knowledge, information and belief the statements made therein are true and correct. We understand that the statement made herein are subject to the provisions and penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date: Z~ ~ ~' . ZA~d CIA M. PLANK v PHILLIP J. PL N IN THE COURT OF COMMON PLEAS OF TRICIA M. PLANK and CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. PLANK 5330 Old Harrisburg Road York Springs, PA 17372 Plaintiffs vs. NO. 09-5644 CIVIL DANIEL P. HOHMAN 4250 Carlisle Road Gardners, PA 17324 Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Reply to New Matter and Answer to Counterclaim was duly served this date by United States First-Class Mail, postage prepaid upon the following persons or entities: Jefferson J. Shipman, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 G~ ;r Date: February 23, 2010 ~~~, ,i r eph D. Buck ey, Esquir Attorney for the Plaintiff 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 Supreme Court ID No. 38444 f + Johnson, Duffle, Stewart 8~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: iis(c~jdsw.com 2~IO~EA4 !9 a~ ~~ 00 Attorneys for Defendant OF T~!E P"~T~~'^J~~'A4~ ~_ !i ., .` TRICIA M. PLANK and IN THE COURT OF COMMON PLEAS OF PHILLIP J. PLANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-5644 Civil v. CIVIL ACTION -LAW DANIEL P. HOHMAN, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Tricia M. Plank and Phillip J. Plank Go Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 AND NOW, this 18th day of March, 2010, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER B. fferson J. Ship an :393847 Johnson, Duffie, Stewart ~ Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 Fax: (717) 761-3015 E-mail: jjsCc~jdsw.com TRICIA M. PLANK and PHILLIP J. PLANK, Plaintiffs Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5644 Civil v. DANIEL P. HOHMAN, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant Daniel P. Hohman by and through his counsel, Johnson, Duffie, Stewart & Weidner and Jefferson J. Shipman, Esquire, and files the following Answer to Plaintiffs' Complaint: COUNT I Claim of Plaintiff Tricia Plank 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in Part. Denied in Part. It is admitted only that the accident occurred on or about August 18, 2007 and that the Plaintiff was operating a 2002 BMW on Route 15 in York County, Pennsylvania. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 3 and the same are therefore denied. 4. Admitted. 5. Denied. The averments contained in paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in paragraph 8 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 8 and the same are therefore denied. 9. Denied. The averments contained in paragraph 9 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 9 and the same are therefore denied. 10. Denied. The averments contained in paragraph 10 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 10 and the same are therefore denied. 11. Denied. The averments contained in paragraph 11 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 11 and the same are therefore denied. 12. Denied. The averments contained in paragraph 12 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 12 and the same are therefore denied. 13. Denied. The averments contained in paragraph 13 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 13 and the same are therefore denied. 14. Denied. The averments contained in paragraph 14 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 14 and the same are therefore denied. 15. Denied. The averments contained in paragraph 15 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 15 and the same are therefore denied. 16. Denied. The averments contained in paragraph 16 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 16 and the same are therefore denied. 17. Denied. The averments contained in paragraph 17 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 17 and the same are therefore denied. 18. Denied. The averments contained in paragraph 18 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 18 and the same are therefore denied. 19. Denied. The averments contained in paragraph 19 are in part conclusions of law and fact to which no response is required. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 19 and the same are therefore denied. COUNT II Loss of Consortium 20. Mr. Hohman incorporates herein by reference his answers to paragraph 1 through 19 above as though fully set forth herein at length. 21. Denied. After a reasonable investigation, Mr. Hohman is without sufficient knowledge or information to form a believe as to the truth of the averments contained in paragraph 21 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant Daniel P. Hohman respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 22. That Plaintiffs' alleged cause of action may be barred in whole or in part by the Pennsylvania Motor Vehicle Financial Responsibility Act and the limited tort option. 23. That if it should be found that there was any negligence on the part of Mr. Hohman, which is denied, then in that event any such negligence was not a factual cause nor substantial factor of the Plaintiffs' alleged injuries. 24. That the Plaintiffs' alleged injuries may have been preexisting. 25. That the Plaintiff may have failed to mitigate her alleged injuries. 26. That the accident and Plaintiffs' alleged injuries may have been caused by third parties or entities not presently involved in this action. 27. That the Plaintiff may have been comparatively negligent. WHEREFORE, Defendant Daniel P. Hohman respectfully requests that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed with prejudice. JOHNSON, DUFFIE, STEWART & WEIDNER Bc J ffers n J. Ship n ttorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: March 18, 2010 Attorneys for Defendant VERIFICATION The undersigned says that the facts set forth in the foregoing document are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Danie. P. Hohman Dated: ~ /~ ~~ ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 18, 2010: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 :393874 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mic elle H. Spangler '; a -0F6 t?+C:. C". t1F I- ? r: r ZQ ?OCT 12 P3" 2: 11 YBEr,LA, D t0UI T , r7 r E Ri! S! /. F JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: hs@jdsw.com TRICIA M. PLANK and PHILLIP J. PLANK, Plaintiffs V. NO. 09-5644 Civil DANIEL P. HOHMAN, Defendant Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JURY TRIAL DEMANDED PRAECIPE TO MARK THE DOCKET SATISFIED AND DISCONTINUED TO THE PROTHONOTARY: Kindly mark the above docket satisfied and discontinued. Counsel for JOHNSON, DUFFIE, STEWART & WEIDNER B(L I A Z_ e son J. Ship an, Esquire ounsel for Defendant Date: October _L, 2010 :416679 Date: October , 2010