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HomeMy WebLinkAbout09-7325BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth 763 Main Street Steelton, PA 17113 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David Teats NO: (A - lfU6 eivi I-Form 1974 Fry Loop Avenue Carlisle, PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 IMPORTANT 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 THIS CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE OF 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 HELP. AVISO IMPORTANTE LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTAS, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACA FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDIRA FAVORDEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERER DINERO O SUS PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LIEVA ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDS SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth 763 Main Street Steelton, PA 17113 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David Teats 1974 Fry Loop Avenue Carlisle, PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 NO: 09- '7 3aS &-H! 1111---/ CIVIL ACTION COMPLAINT 1. Plaintiff, Bradley Collingsworth is an adult individual who resides at the address captioned above. 2. Defendant, David Teats is an adult individual who resides at the address captioned above. 3. Defendant, Aimee Hoffman is an adult individual who resides at the address captioned above. 4. On or about April 18, 2008, at or about 10:15 p.m., the vehicles owned, controlled and operated by Defendants were traveling north on Carlisle Pike near Salem Church Road, Hampden Township, PA, when said vehicles were so carelessly, recklessly and/or negligently operated and/or controlled, that they were caused to strike the rear of the vehicle operated by Plaintiff, Bradley Collingsworth, which was lawfully stopped in front of them at the point aforesaid, causing Plaintiff's vehicle to be pushed into the vehicle in front of him. 5. The aforesaid incident involving the Plaintiff was caused solely as a result of the carelessness, negligence and recklessness of the Defendants, jointly, severally, and/or singularly, consisting, inter alia, of the following: a. Operating said vehicles at an excessive speed under the circumstances. b. Failing to have said vehicles under proper and adequate control at the time of this accident. c. Operating said vehicles in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid. d. Failing to give proper and sufficient warning of the approaching or stopping of said vehicles. e. Failing to bring the said vehicles to a safe stop. f. Failing to yield the right of way. g. Otherwise failing to exercise due and proper care under the circumstances. h. Being careless, reckless and negligent as a matter of law. i. Being in attentive in performing their duty as operators and owners of a motor vehicle. j. In other respects which may well be pointed out during discovery or at the time of trial. 6. The aforesaid accident and resulting injuries to the Plaintiff, Bradley Collingsworth were caused solely and exclusively by virtue of the negligence, carelessness and recklessness of Defendants, and was due in no manner whatsoever to any act or failure on the part of the Plaintiff herein. 7. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant set forth hereinabove, the Plaintiff, Bradley Collingsworth has sustained serious and permanent injuries, including, but not limited to acute cervical and lumbar strain and sprain, cervical radiculitis, acute exacerbation to his bilateral shoulders including an acute left rotator cuff tear and tear of the supraspinitis tendon impingement requiring surgery, right patellofemoral arthrosis and other injuries resulting in a serious impairment of bodily function, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has incurred and continues to incur financial expenses for medicine and medical care, in order to effectuate a cure for the aforementioned injuries, and may be compelled to expend sums of money for the same purposes in the future and for the rest of his life. 9. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth had undergone and is undergoing great physical pain and mental anguish, and may continue to endure same for an indefinite period of time in the future, and for the rest of his life, all to his great detriment and loss. 10. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants set forth hereinabove, the Plaintiff, Bradley Collingsworth has suffered a loss of the enjoyment of life's pleasures, and may continue to suffer such losses in the future, all to his great detriment and loss. 11. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has been unable to attend to his daily chores, duties and activities, resulting in losses, including loss of earnings and earnings power, which losses may continue for an indefinite period of time into the future, to his great detriment and loss. WHEREFORE, the Plaintiff, Bradley Collingsworth claims damages from the Defendants, jointly, severally and/or singularly in an amount in excess of Fifty Thousand ($50,000). RESPECTFULLY SUBMITTED BROWNSTEIN VITALE & WEISS, P.C. VERIFICATION 16 4/a/4' ereby states that he/she is the Plaintiff in this action and verifies that the statements made in the foregoing are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties relating to the unsworn falsification to authorities. C -?--vj DATED: - D? OFTHEMM)NO M OCT 23 M 12; 1 i1 " wo WN $'18.5o Pty A`rr 4 CiCIF 13303 Sheriffs Office of Cumberland County R Thomas Kline Sheriff I E 0.- ( {L J t Ilt.r-r, Ronny R Anderson Chief Deputy 2009 1'10 V ".? AN (0j: 2 Jody S Smith Civil Process Sergeant C' `c Edward L Schorpp Solicitor Bradley Collingsworth vs. Case Number Aimee Hoffman 2009-7325 SHERIFF'S RETURN OF SERVICE 10/28/2009 04:00 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1600 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Teats, by making known unto himself personally, at 1974 Fry Loop Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/30/2009 06:44 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1844 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Aimee Hoffman, by making known unto Raymond Hoffman, father of defendant at 2900 Dickinson Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $63.34 SO ANSWERS, November 02, 2009 R THOMAS KLINE, SHERIFF Depu Sheriff' i By i Depu y eriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY COLLINGSWORTH, CIVIL DIVISION Plaintiff, NO. 09 - 7325 V. PRAECIPE FOR APPEARANCE DAVID TEATS and AIMEE HOFFMAN, (Jury Trial Demanded) Defendants. Filed on Behalf of the Defendant, David Teats Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #17472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY COLLINGSWORTH, CIVIL DIVISION Plaintiff, V. NO. 09 - 7325 DAVID TEATS and (Jury Trial Demanded) AIMEE HOFFMAN, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, David Teats, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: K vin D. auch, Esquire ounsel for Defendant, avid Teats CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 4T" day of November, 2009. Gary Brownstein, Esquire Brownstein, Vitale & Weiss, P.C. Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020 Philadelphia, PA 19102 (Attorney for Plaintiff) Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: K in D. Mauch, Esquire C unsel for Defendant, David Teats { iL.i..VM{?.s?t r NOTARY 2009NOY -6 PH 1: 45 CULL.,-, ? J?`?..jP?'l I Y PrE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRADLEY COLLINGSWORTH, CASE NUMBER: 09-7325 Plaintiff ISSUE NUMBER: V. PLEADING: DAVID TEATS and AIMEE HOFFMAN, Defendant PRAECIPE FOR APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: AIMEE HOFFMAN, Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRADLEY COLLINGSWORTH, CASE NO: 09-7325 Plaintiff V. DAVID TEATS and AIMEE HOFFMAN, Defendant PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, AIMEE HOFFMAN, in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: A JURY TRIAL IS DEMANDED E. KALYH U(} #FREY, ESQUIRE Counsel fo e Defendant, AIMEE HOFFMAN CERTIFICATE OF SERVICE That counsel for the Defendant, AIMEE HOFFMAN, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the _ day of V _m bCe- , 2009. Gary Brownstein, Esquire Brownstein, Vitale & Weiss, P.C. Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020 Philadelphia, PA 19102 (Counsel for Plaintiffi Kevin D. Rauch Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 (Counsel for Defendant, David Teats) Respectfully submitted, CIPRIANI & WERNER, P.C. BY/E. GO Y, ESQUIRE AIMEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRADLEY COLLINGSWORTH, ) Plaintiff ) V. ) DAVID TEATS and AIMEE HOFFMAN, ) Defendant ) CASE NO: 09-7325 JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT AIMEE HOFFMAN TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Aimee Hoffman ("Defendant"), by and through her counsel, Cipriani & Werner, P.C., and files the within Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers the following: 1. Plaintiff, Bradley Collingsworth ("Plaintiff'), alleges that he was injured as a result of a motor vehicle accident that occurred on April 18, 2008, at or about 10:15 p.m. near the intersection of Salem Church Road and Carlisle Pike, Cumberland County, Pennsylvania. (A copy of the Complaint is attached hereto as Exhibit "A", ¶4). 2. Plaintiff alleges in Paragraph 5 of his Complaint that Defendant acted negligently, carelessly and recklessly in the following ways: a. Operating said vehicles at an excessive speed under the circumstances; b. Failing to have said vehicles under proper and adequate control at the time of this accident; c. Operating said vehicles in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid; d. Failing to give proper and sufficient warning of the approaching or stopping of said vehicles; e. Failing to bring the said vehicles to a stop; f. Failing to yield the right of way; g. Otherwise failing to exercise due and proper care under the circumstances; h. Being careless, reckless and negligent as a matter of law; i. Being in attentive [Sic] in performing their duty as operators and owners of a motor vehicle; and j. In other respects that may well be pointed out during discovery or at the time of trial. 3. In Paragraphs 4, 5, 5(h), 6, 7, 8, 9, 10, and 11, Plaintiff alleges that the conduct of Defendant was "negligent, careless and reckless," which said language warrants the imposition of punitive damages. MOTION TO STRIKE (DEMURRER) ALLEGATION OF "RECKLESSNESS" FOR FAILURE TO COMPLY WITH PENNSYLVANIA RULE OF CIVIL PROCEDURE 1028(a)(4) 4. Paragraphs 1 through 3 of Defendant's Preliminary Objections are incorporated herein as if fully set forth at length. 5. Throughout the Complaint, Plaintiff alleges that Defendant acted negligently, carelessly and recklessly. 6. Allegations of reckless conduct may form the basis of an award for punitive damages. 7. Pennsylvania Rule of Civil Procedure 1019(a) requires that the material facts on which a cause of action is based must be stated in concise and summary form. 8. Language for punitive damages must be dismissed if a plaintiff fails to plead specific facts which, if proven, would establish that a defendant's conduct was so outrageous - i.e., that a defendant acted in a harmful manner demonstrating that it either desired that or was substantially certain that the plaintiff would be seriously injured - as to warrant the imposition of punitive damages. 9. Boilerplate allegations as to the nature of a defendant's conduct must be disregarded by the Court. 10. Plaintiff's allegations, at best, would only establish that Defendant was negligent or grossly negligent. As pled, Plaintiff's Complaint contains no material facts which support allegations that Plaintiff is entitled to punitive damages and that Defendant's conduct was reckless, outrageous or malicious. 11. Negligence and gross negligence are insufficient to warrant the imposition of punitive damages. In Pennsylvania, punitive damages are not awarded for mere inadvertence, mistake, errors of judgment and the like, which constitutes ordinary negligence. 12. The allegations of recklessness must be stricken. WHEREFORE, Defendant, Aimee Hoffman, respectfully request this Honorable Court to dismiss or strike off the allegations of recklessness and claim for punitive damages contained in Plaintiff's Complaint for failure to allege sufficient facts to establish that Defendant's conduct was reckless and outrageous. MOTION TO STRIKE PARAGRAPHS 5(c), (s), (h), (i) and (i) OR, IN THE ALTERNATIVE, FOR A MORE SPECIFIC PLEADING PURSUANT TO PA. R.C.P. 1028(a)(3) and (4) 13. Paragraphs 1 through 12 of Defendant's Preliminary Objections are incorporated herein as if fully set forth at length. 14. In Paragraphs 5(c), (g), (h), (i) and 0), Plaintiff has insufficiently specified any acts of negligence made by Defendant. Specifically, said Paragraphs allege: c. Operating said vehicles in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid. g. Otherwise failing to exercise due and proper care under the circumstances; h. Being careless, reckless and negligent as a matter of law. i. Being in attentive [Sic] in performing their duty as operators and owners of a motor vehicle. j. In other respects that may well be pointed out during discovery or at the time of trial. 15. Pleading practice in Pennsylvania requires the pleading party to set forth enough information in the Complaint to apprise the opposing party of the issues which it must be ready to meet in order to prepare a case for trial. PA. R.C.P. 1019(a). 16. Paragraphs 5(c), (g), (h), (i) and 0) fail to conform to law or the Rules of Court since said allegations are vague and do not state material facts. The allegations are also impertinent. Said Paragraphs fail to advise Defendant of the specific acts of commission or omission, which constitute the alleged negligence of which Plaintiff complains. 17. The general allegations contained in said Paragraphs fail to inform Defendant of the issues that she must meet at trial, and further prevents her from forming a proper Answer to the Complaint. 18. The aforesaid improper allegations severely prejudice Defendant in that, if permitted to remain in the Complaint, would then allow Plaintiff to have an opportunity to amend the Complaint to introduce new causes of action after the applicable statute of limitations has run. See, Conner v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), and its progeny, including Starr v. Myers, 109 Dauphin 147 (1988). WHEREFORE, Defendant, Aimee Hoffinan, requests that Paragraphs 5(c), (g), (h), (i) and 0) be stricken from Plaintiff's Complaint or, in the alternative, request that Plaintiff be directed to file a more specific pleading since it is insufficiently specific. Respectfully submitted, CIPRIANI & WERNER, P.C. Date: r?, ?f d cl B E. LPH GODF IRE Pa. ID# 77052 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Attorney for the Defendant Aimee Hoffman Exhibit A Nov 03 09 09:08a BROWNSTELN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth '763 Main Street Steelton, PA 17113 p.2 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David Feats 1974 Fry Loop Avenue Carlisle. PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 IMPORTANT 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) DAYSAFTBR THIS COMPLA1NTAND NOTICE ARE SERVED, BY EN''TERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND F1L1NG 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 THIS CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE OF ANY MONEY CLAIMED I 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 GETHELP. No: o4-'13;1,5' ivit l AVISOIMPORTANTE LE HAN DEMANDADO A LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DE.'MA'NDAS EXPUES A EN LAS PACINAS SIGUIENTAS, USTED TIENE VEI. (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIMCACION. HACA FA.LTAASENTARUNA COMPARENCIA ESCRITA 0 EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SILM DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTLNUAR LA DEMA.VDA EN CONTRA SUVA SIN PREVIO AVISO 0 NOTIFICACION. ADEMAS, LA CORTE PUEDE DECm1IR A FAVOR DEL DEMANDANTE V RRQT(IRRF. 0I1R TICTRn CI'1NP[.A CON MDAS LAS PROVISIONES DE ESTA DEMA"A. LISTED PLEDE PERER DrURO O SUS PROPIEDADES U OTROS DERECHOSIMPORTANTESPARAUSTED. LIEVAESTA DEMAIVA A UN ABOGADO IMMEDIATAMEVTE. SI NO TIETE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA A LLAME POX TELEFONO A LA OFICrNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDS SE PUEDE CONSEGU'IR ASISTENCIA LEGAL. Cumberland Count} Bar AssociatilM *Vw F W.m RE I) 32 South Bedford Street MT&whggrgd I hM Wft 9Et my Wd Carlisle, PA 17013 &N COie a co". Pr. (7166 17) 249-3 ? Nov 03 09 09:08a BROWNSTEIN VITALE & WEISS, P.C. By. Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215)751-1"0 Bradley Collingsworth 763 Main Strout Steelton, PA 17113 V. David Teats 1974 Fry Loop Avenue Carlisle, PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COwTV NO: CIVIL ACTION COMPLAIN 4. p.3 Plaintiff, Bradley Collingsworth is an adult individual who resides at the address captioned above. Defendant, David Teats is an adult individual who resides at the address captioned above. Defendant, Aimee Hoffman is an adult individual who resides at the address captioned above. On or about April 18, 2008, at or about 10:1 p.m., the vehicles owned, controlled and operated by Defendants were traveling north on Carlisle Pike near Salem Church Road, Hampden Township, PA, when said vehicles were so carelessly, recklessly and/or negligently operated andlor controlled, that they were caused to strike the rear of the vehicle Nov 03 00 00:09,3 PA operated by Plaintiff, Bradley Collingsworth, which was lawfully stopped in front of them at the point aforesaid, causing Plaintiffs vehicle to be pushed into the vehicle in front ofhim. 5. The aforesaid incident involving the Plaintiff was caused solely as a result of the carelessness, negligence and recklessness of the Defendants, jointly, severally, and/or singularly, consisting, inter alia, of the following: a. Operating said vehicles at an excessive speed under the circumstances. b. Failing to have said vehicles under proper and adequate control at the time of this accident. c. Operating said vehicles in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid. d. Failing to give proper and sufficient warning of the approaching or stopping of said vehicles. e. Failing to bring the said vehicles to a safe stop. f. Failing to yield the right of way. g. Otherwise failing to exercise due and proper care under the circumstances. h. Being careless, reckless and negligent as a matter of law. i. Being in attentive in performing their duty as operators and owners of a motor vehicle. j. In other respects which may well be pointed out during discovery or at the time of trial. 6. The aforesaid accident and resulting injuries to the Plaintiff, Bradley Collingsworth were caused solely and exclusively by virtue of the negligence, carelessness and recklessness of Defendants, and was due in no manner whatsoever to any act or failure on the part of the Plaintiff herein. 7. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendant set forth hereinabove, the Plaintiff, Bradley Collingsworth has sustained serious Nov 03 09 09:08a p.5 and permanent injuries, including, but not limited to acute cervical and lumbar strain and sprain, cervical radiculitis, acute exacerbation to his bilateral shoulders including an acute left rotator cufftear and tear of the supraspinitis tendon impingement requiring surgery-, right patellofemoral arthrosis and other injuries resulting in a serious impairment of bodily function, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a d mot and proximate result of the negligence, carelessness and reeklonvnPCC of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has incurred and continues to incur financial expenses for medicine and medical care, in order to effectuate a cure for the aforementioned injuries, and may be compelled to expend sums of money for the same purposes in the future and for the rest of his life. 9. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth had undergone and is undergoing great physical pain and mental anguish, and may continue to endure same for an indefinite period of time in the future, and for the rest of his life, all to his great detriment and loss. to. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants set forth hereinabove, the Plaintiff, Bradley Collingsworth has suffered a loss of the enjoyment of life' s pleasures, and may continue to suffer such losses in the future, all to his great detriment and loss. 11. As a direct and proximate result of the negligence, carelessness and recklessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has been unable to attend to his daily chores, duties and activities, resulting in losses, including loss of earnings Nov 03 09 09:08a p.6 and earnings power, which losses may continue for an indefinite period of time into &e future, to his great detriment and loss. WHEREFORE, the Plaintiff, Bradley Collingsworth claims damages from the Defendants, jointly, severally and%or singularly in an amount in excess of Fifty Thousand ($50,000). RESPECTFULLY SL-BMITTED BROWNSTEIN' VITALE & WEISS, P.C. By. a lik wnstein, Esquire Attoi7 ey or Plaintiff Nov 03 09 09:08a VERIFICATION p.7 17 n P4", 4l•?t?cJ4hereiw states that helshe is the Plaintiff in this action and verities that the statements made in the foregoing are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties relating to the unswom falsification to authorities. DATED: CERTIFICATE OF SERVICE That counsel for the Defendant, AIMEE HOFFMAN, hereby certifies that a true and correct copy of her Preliminary Objections to Plaintiff's Complaint has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the / Iday of Nom- '-- , 2009. Gary Brownstein, Esquire Brownstein, Vitale & Weiss, P.C. Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020 Philadelphia, PA 19102 (Counsel for Plaintiff) Kevin D. Rauch Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 (Counsel for Defendant, David Teats) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: E. RALPH GODF Counsel for the D fendant, AIMEE HOFFMA 74UMAW 2 NOV 1 8 AM 9, 11 AENNSYNMIA i PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRADLEY COLLINGSWORTH, Plaintiff V. DAVID TEATS and AIMEE HOFFMAN, Defendants CASE NO: 09-7325 JURY TRIAL DEMANDED State the matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PreliminM Objections of Aimee Hoffman to Plaintiffs Complaint. 2. Identify all counsel who will argue cases: (a) for plaintiff: Gary Brownstein Esquire Brownstein Vitale & Weiss, P.C., Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020, Philadelphia, PA 19102 (b) for defendants: E Ralph Godfrey Esquire Cipriani & Werner P.C. 1001 Mumma Road Suite 201, Lemoyne, PA 17043 Kevin D. Rauch, Esquire Summers McDonnell Hudock Guthrie & Skeel L.L.P. 1017 Mumma Road, Lemoyne, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 1/6/2010 ly submitted, Date: 11/19/2010 By E. Rahlb Go ey, Es ire Attorney #7 2 1011 M&mf Road, Suite 201 Lemoyne, PA 17043 Attorneys for Defendant, Aimee Hoffman CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, counsel for the Defendant, Aimee Hoffinan hereby certify that a true and correct copy of the Praecipe for Argument was mailed to all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of , 2009: Gary Brownstein, Esquire Brownstein, Vitale & Weiss, P.C. Two Penn Center Plaza 1500 JFK Boulevard, Suite 1020 Philadelphia, PA 19102 (Counsel for Plaintiffi Kevin D. Rauch Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P. 1017 Mumma Road Lemoyne, PA 17043 (Counsel for Defendant, David Teats) LP ODF Y, ESQUI R- --4' A" CF 4 p???TAt?Y 2(?9NOY ZO PM 2? p5 '' 1 ?Jt?l?t t cuw, BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 HK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth 763 Main Street Steelton, PA 17113 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. David Teats 1974 Fry Loop Avenue Carlisle, PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 IMPORTANT NOTICE NO: 09-7325 AVISO IMPORTANTE LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTAS, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACA FALTA ASENTAR UNA COMPARENCIA ESCRITA O EN PERSONA O CON UN ABOGADO Y ENTREGAR A LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERER DINERO O SUS PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LIEVAESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDS SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 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 THIS CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE OF 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 HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BROWNSTEIN VITALE & WEISS, P.C. By: Gary Brownstein, Esquire Identification No. 36431 Two Penn Center Plaza 1500 JFK Blvd, Suite 1020 Philadelphia, PA 19102 (215) 751-1600 Bradley Collingsworth 763 Main Street Steelton, PA 17113 V. David Teats 1974 Fry Loop Avenue Carlisle, PA 17013-4620 and Aimee Hoffman 2900 Dickinson Avenue Camp Hill, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-7325 AMENDED CIVIL ACTION COMPLAINT 1. 2. 3. 4. Plaintiff, Bradley Collingsworth is an adult individual who resides at the address captioned above. Defendant, David Teats is an adult individual who resides at the address captioned above. Defendant, Aimee Hoffman is an adult individual who resides at the address captioned above. On or about April 18, 2008, at or about 10:15 p.m., the vehicles owned, controlled and operated by Defendants were traveling north on Carlisle Pike near Salem Church Road, Hampden Township, PA, when said vehicles were so carelessly and/or negligently operated and/or controlled, that they were caused to strike the rear of the vehicle operated by Plaintiff, Bradley Collingsworth, which was lawfully stopped in front of them at the point aforesaid, causing Plaintiff's vehicle to be pushed into the vehicle in front of him. 5. The aforesaid incident involving the Plaintiff was caused solely as a result of the carelessness and negligence of the Defendants, jointly, severally, and/or singularly, consisting, inter alia, of the following: a. Operating said vehicles at an excessive speed under the circumstances. b. Failing to have said vehicles under proper and adequate control at the time of this accident. c. Operating said vehicles in a careless manner without due regard for the rights and safety of those lawfully upon the highway, one of whom was the Plaintiff aforesaid. d. Failing to give proper and sufficient warning of the approaching or stopping of said vehicles. e. Failing to bring the said vehicles to a safe stop. f. Failing to yield the right of way. 6. The aforesaid accident and resulting injuries to the Plaintiff, Bradley Collingsworth were caused solely and exclusively by virtue of the negligence and carelessness of Defendants, and was due in no manner whatsoever to any act or failure on the part of the Plaintiff herein. 7. As a direct and proximate result of the negligence and carelessness of the Defendants set forth hereinabove, the Plaintiff, Bradley Collingsworth has sustained serious and permanent injuries, including, but not limited to acute cervical and lumbar strain and sprain, cervical radiculitis, acute exacerbation to his bilateral shoulders including an acute left rotator cuff tear and tear of the supraspinitis tendon impingement requiring surgery, right patellofemoral arthrosis and other injuries resulting in a serious impairment of bodily function, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a direct and proximate result of the negligence and carelessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has incurred and continues to incur financial expenses for medicine and medical care, in order to effectuate a cure for the aforementioned injuries, and may be compelled to expend sums of money for the same purposes in the future and for the rest of his life. 9. As a direct and proximate result of the negligence and carelessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth had undergone and is undergoing great physical pain and mental anguish, and may continue to endure same for an indefinite period of time in the future, and for the rest of his life, all to his great detriment and loss. 10. As a direct and proximate result of the negligence and carelessness of the Defendants set forth hereinabove, the Plaintiff, Bradley Collingsworth has suffered a loss of the enjoyment of life's pleasures, and may continue to suffer such losses in the future, all to his great detriment and loss. 11. As a direct and proximate result of the negligence and carelessness of the Defendants as set forth hereinabove, the Plaintiff, Bradley Collingsworth has been unable to attend to his daily chores, duties and activities, resulting in losses, including loss of earnings and earnings power, which losses may continue for an indefinite period of time into the future, to his great detriment and loss. WHEREFORE, the Plaintiff, Bradley Collingsworth claims damages from the Defendants, jointly, severally and/or singularly in an amount in excess of Fifty Thousand ($50,000). RESPECTFULLY SUBMITTED BROWNSTEIN VITALE & WEISS, P.C. By: &Ik- ownstein, Esquire Attorne or Plaintiff VERIFICATION ??O ereby states that he\she is the Plaintiff in this action and does hereby verify that the statements made in the Pleading to which this verification is attached are true and correct to the best of his\her knowledge, information and belief. The undersigned understands and accepts that the statements made therein are made subject to the penalties relating to the unsworn falsification to authorities. / r DATED: Z ?? Cr-------- R'! 7 THE 2TO0i NJ LS Fi L- 5Z P ? s , y JUL , 5 2010 IN THE COURT OF G BRADLEY COLLINGS Plaintiff v. DAVID TEATS and AIP MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ZTH, ) CASE NO: 09-7325 JURY TRIAL DEMANDED HOFFMAN, ) ORDER AND NOW, this parties to dismiss, it is from this action with /~' day of , 2010, pursuant to the Stipulation of the y ordered, adjudged, and decreed that Aimee Hoffman is dismissed per the parties' Stipulation. BY THE COURT: v(ydr ~ ~rvu~nS~G N ~ ~~ }!ev; h jJ. ~u~, Esp. vL~- ~/~ok ~~y c-n r -r ~ j `.-• fT'~' f ~.. [~...:.. ~, _ y ~. E- :.,~ 0 C_ _.. c. ~. A~~ ~T -„ ~~_ ~~ r.> -rt :::~ ;-il -~ t-' _ 1--. ,.' ~, . ~;.; 'ij ..~ ,~ r I IN THE COURT OF BRADLEY COLLINGS v. tc t ~~Ln~v1-i ~~ MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA `Ii! CIVIL DIVISION ZQJQ ~U~ -~ A~'~ J J ; OZ JORTH, ) CASE NO: 09-7325 CUP,~~;::^;~~~.,;~/ ~~:'~!}~ti1' ) ) ) ~~ JURY TRIAL DEMANDED J,~V yl DAVID TEATS and AIl~1EE HOFFMAN, Plaintiff and De ndants, acting by and through their counsel of record, as evidenced by their signatures below, h reby agree and stipulate as follows: 1. The parti s do hereby voluntarily dismiss and discontinue this action against Aimee Hoffman, with prejudice. 2. It is Esqui Plaza 15(~(~J~ Blvd. Philadelphia, PA 19102 Counsel- for Plaintiff Kevin Rauch, Esquire Summers, McDonnell, u~ 100 Sterling Pkwy Ste 3 6 Mechanicsburg, PA 170 0 Counsel for Defendant, a agreed that the Court may enter an Order in the form attached hereto. Lemoyne, PA l-'T043 Counsel for the Defendants Guthrie & Skeel, L.L.P. Teats IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADLEY COLLINGSWORTH, Plaintiff, v. DAVID TEATS and AIMEE HOFFMAN, Defendants. CIVIL DIVISION NO. 09 - 7325 (Jury Trial Demanded) PRAECIPE TO SETTLE AND DISCONTINUE TO: THE PROTHONOTARY cp -n vn c Please mark the above-referenced case settled and discontinued, with prejudice. Respectfully submitted, BROWNSTEIN, & WEISS, P.C. By: f ?j?? Druw115=11, M5yu11"_ sel for Plaintiff