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HomeMy WebLinkAbout09-7538W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com SHARON H. KEEFER, and GREGORY S. KEEFER, her husband Plaintiffs V. JOAN E. COLLINS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 09-7638 0,1,, i (Tel-m CIVIL ACTION -LAW Defendant 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 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mcis adelante en las siguientes p6ginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aquf en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Henning, Esquire 1. D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiffs Fax : (717) 233-3029 E-mail: HenninaO-HHRLaw.com SHARON H. KEEFER, and : IN THE COURT OF COMMON PLEAS GREGORY S. KEEFER, her husband, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. b 9. 7,53 j 7 t - JOAN E. COLLINS, CIVIL ACTION - LAW Defendant. COMPLAINT AND NOW, come the Plaintiffs, Sharon H. Keefer and Gregory S. Keefer, her husband, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and make the within Complaint against the Defendant, Joan E. Collins, and aver as follows: 1. Plaintiff, Sharon H. Keefer, is an adult individual currently residing at 559 Jonathan Street, Shippensburg, Pennsylvania 17257. 2. Plaintiff, Gregory S. Keefer, is an adult individual currently residing at 559 Jonathan Street, Shippensburg, Pennsylvania 17257. 3. Defendant, Joan E. Collins, is an adult individual currently residing at 1970 Saranec Avenue, Lake Placid, New York 12946. 4. At all times material hereto, Plaintiff, Sharon H. Keefer, was the owner and operator of a 1994 Chrysler LHS bearing Pennsylvania license number GMT 9024 (hereinafter "Plaintiffs vehicle") 5. At all times material hereto, Defendant, Joan E. Collins, was the owner and operator of a 2005 Jeep Grand Cherokee bearing New York license plate number DVF 7646 (hereinafter "Defendant's vehicle"). 6. At the time of the collision, Plaintiff, Sharon H. Keefer, was insured under a motor vehicle policy through Nationwide Insurance Company, under which policy, Plaintiff was covered by the Limited Tort Option. In any event, Defendant was operating a vehicle registered in another state and therefore, pursuant to 75 Pa.C.S.A. §1705 (d)(ii) will be deemed to have Full Tort status regardless of the tort selection indicated on her personal motor vehicle insurance policy. 7. At all times material hereto, there were no adverse weather or road conditions. 8. On or about January 24, 2008, at about 5:24 p.m., Plaintiff, Sharon H. Keefer, was lawfully stopped and/or stopping as she exited the ramp from Interstate 81 approaching the intersection of Walnut Bottom Road in Shippensburg Township, Cumberland County, Pennsylvania. 9. At approximately the same time and place, Defendant, Joan E. Collins, was exiting the ramp from Interstate 81 approaching the intersection of Walnut Bottom Road, 2 directly behind Plaintiff's vehicle, in Shippensburg Township, Cumberland County, Pennsylvania. 10. Suddenly and without warning, the vehicle being operated by Defendant, Joan E. Collins, impacted the rear of the vehicle occupied by Plaintiff, Sharon H. Keefer, while Plaintiffs vehicle was lawfully stopped and/or stopping for traffic. 11. As a direct and proximate result of the negligence of the Defendant, Joan E. Collins, Plaintiff, Sharon H. Keefer, sustained serious personal injuries, as set forth more specifically below: COUNT I - NEGLIGENCE Sharon H. Keefer v. Joan E. Collins 12. Plaintiff, Sharon H. Keefer, incorporates and makes part of this Count, paragraphs 1 through 11 above, as if the same were set forth fully below. 13. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Sharon H. Keefer, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, Joan E. Collins, generally and more specifically as set forth below: (a) In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; (b) In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway, in violation of 75 Pa. C.S.A. § 3310(a); 3 (c) In failing to operate her vehicle in such a manner that would allow her to apply the brakes and stop before striking the rear of Plaintiff's stopped vehicle; (d) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's stopped vehicle; (e) In failing to properly regulate the speed of her vehicle so as to prevent a rear-end collision; (f) In failing to operate her vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; (g) In failing to operate her vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361; (h) In following another vehicle more closely than is reasonable and prudent; (i) In failing to keep a proper lookout for vehicles lawfully traveling on the exit ramp from Interstate 81 approaching Walnut Bottom Road in Shippensburg Township, Cumberland County, Pennsylvania; (j) In failing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. § 3714; (k) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have her vehicle under such control that injury to persons or property could be avoided; and 4 (1) In otherwise driving her vehicle upon the roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, sustained severe injuries, including, but not limited to a cervical strain/sprain, neck and shoulder strains/Isprains with resulting pain. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 16. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 17. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, has been compelled, in order to effect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 5 19. As a direct and proximate result of the Defendant's negligence, Plaintiff, Sharon H. Keefer, has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 20. Plaintiff, Sharon H. Keefer, believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Sharon H. Keefer, seeks damages from Defendant, Joan E. Collins, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM GREGORY KEEFER v. JOAN E. COLLINS 21. Plaintiffs, Sharon H. Keefer and Gregory Keefer, her husband, incorporate and make part of this Count paragraphs 1 through 20 above, as if the same were set forth fully below. 22. At all times material to this action, Plaintiffs, Sharon H. Keefer and Gregory Keefer, were lawfully married as husband and wife. 23. As a direct and proximate result of Defendant's negligence, the Plaintiff, Gregory Keefer, has suffered a loss of consortium, society, and comfort from his wife, Sharon H. Keefer, and he will continue to suffer a similar loss in the future. 24. As a direct and proximate result of Defendant's negligence, the Plaintiff, Gregory Keefer, has been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his great detriment and loss. 6 WHEREFORE, Plaintiff, Gregory Keefer, seeks damages from the Defendant, Joan E. Collins, in an amount in excess of the compulsory arbitration limits of Cumberland County exclusive of interest and costs. Respectfully Submitted, HANDLER, HENNING & ROSENBERG, LLP Date: 1 o By W. Scott Henn' , Es ire 7 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Y. 41-W Sharon H. Keefer Date: iol i31v4 O FILED-0 'F CE OF THE FROTFn!?OTAAY 2009 OCT 30 F 1: 35 *qg. 50 PA ATT%( ??, I4944 0 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY F: = T 7. ,ICY r? Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor C?.,,,?: )FPI ,E " - Sharon H. Keefer vs. Joan E. Collins SHERIFF'S RETURN OF SERVICE 11/02/2009 11/06/2009 Case Number 2009-7538 On this date R. Thomas Kline, Sheriff mailed the within complaint and notice by certified mail, return receipt requested to Joan E. Collins. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Joan E. Collins, in the following manner: On November 2, 2009 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 1970 Saramec Avenue Lake Placid, NY 12946. The certified mail return receipt card was returned to the Cumberland County Sheriffs Office as "Box Closed, Unable to Forward, Return to Sender" on November ^ ^^^^ SHERIFF COST: $39.15 November 06, 2009 ~ ~ U. ,t SHARON H. KEEFER, and GREGORY S. KEEFER, her husband, Plaintiff(s) v. JOAN E. COLLINS, Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-7538 CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Complaint in the above referenced matter. Please instruct the Sheriff of Cumberland County to serve the Complaint upon Defendant, Joan E. Collins, by Certified Mail at: 1970 Saranac Ave. Lake Placid, NY 12946 Date: O~` /~f ~~d~TJ HANDLER, HENNING & ROSENBERG, LLP By ~/~ [.~ W. Scd`tt Hennin~ I.D. #32298 1300 Linglestown R~ Harrisburg, PA 1711 (717) 238-2000 Attorney for Plaintiff C rc-~ «'a,~ 7y f~~3~8L~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Flr~ ,~~ Sheriff ~~~ ~~ ~o ~~~,,~ti~a of ~~c~t~6~y~rrD Jody S Smith ~ ~ ,1~,= . ~~' ~d~d M~~ "~ ~M ~~ ~i~ Chief Deputy ~ ~ ;.,, ~~ry Edward L Schorpp ~ ~" ~t ~ 5,~i~ i;#~.1 Solicitor ~~~ e = `" ' K~ fi~E~'F~ ~~p~I~P,v'SY~VAt~1A Sharon H. Keefer (et al.) vs. Joan E. Collins Case Number 2009-7538 SHERIFF'S RETURN OF SERVICE 02/22/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Joan E. Collins. 02/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Joan E. Collins, in the following manner: On February 22, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 1970 Saranac Avenue, Lake Placid, NY 12946. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Holly Brooks on February 22, 2010. SHERIFF COST: $34.15 March 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF rc Goir. ;?ySuHe Sheriff. Teleosoft Inc. w ~ ~ ~ ~ ~~• ~, . ., ,~ ~- - - r` Postage $ m p Certified Fee p O Retum Redept Fee Postmark (Endorsement Required) Here p m Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~ ,7 a3/d O ent To ~ ~S`tieet ;apt N Qr3.II....E.+.__~'if~~~.1115_____._____~ ~--_7_.53.8----- orPOeoxtvo. 1970 Saranac Av e . - ------------------------------ CIry, State, ZIP+4 Lake ----------- - - - - -- -- --- Placid, _ __ _ ----- ~~ -- - -- ° -------». NY 12946 :.. 2~~. ^ Complete items 1, 2, and 3. Also complete A• Joan E. Collins 1970 Saranac Ave. Lake Placid, NY 12`946 item 4 if Restricted Delivery is desired. X ^ Print your same and address on the reverse so that we can return the card to you. g. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 09-7538 ^ Agent ^ Addre D. Is delive~,r address different from item ~ ^ Yes If YES, enter delivery address below: ^ No 3. Service Type.: ~Cert~ed Mail ^ Express Mail f7 Registered- a`~ ' ~ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7 Q Q'4 y 3 5:0 O Q Q 3 714 5 8 9 7 8 (Transfer from service Iabe1J PS Form 3811, February 2004 Domestic Retum Receipt f 02595-02-M-1540 M Sharon H. Keefer and Gregory Keefer, Plaintiff vs. Joan E. Collins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-7538 RULE 1321-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATOR$ TO THE HONORABLE, THE JUDGES OF SAID COURT: C. iT1 -'V CD -0 c ?r .. Kevin D. Rauch, Esquire, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is for personal injuries in an amount above the compulsory arbitration limits plus costs, interest, and all other relief; however, all parties have agreed to submit this matter to arbitration of a possible alternatives dispute resolution. The counterclaim of the defendant in this action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise'' disqualified to sit as arbitrators: Kevin D. Rauch, Julia A. Phillips, W. Scott Henning WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Qm'V ay,pp?d et4-.Pssa u*?58aa? RWOFCOUiRRTT AND NOW, , 200, in consideration of the foregoing petition, Esquire, and , Esquire, and Esquire, are appointed arbitrators in the above (,captioned action (or actions) as prayed for. By the Court, #17509 Kevin A. Hess, P.J. ll? CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS - RULE 1312-1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day of April, 2011. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOOK, GUTHRIE & SKEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant Sharon H. Keefer and Gregory Keefer, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-7538 VS. Joan E. Collins, Defendant RULE 1321-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mme' { cnr ? ` u Kevin D. Rauch, Esquire, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in this action is for personal injuries in an amount above the compulsory arbitration limits plus costs, interest, and all other relief; however, all parties have agreed to submit this matter to arbitration of a possible alternative dispute resolution. The counterclaim of the defendant in this action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Kevin D. Rauch, Julia A. Phillips, W. Scott Henning WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RWOFCOUiRRT Real (Zip ?* a4.0bt"9( o^i ck?&.9ssa u*0?582k9_7 J?. AND NOW, /? , 209(1 , inconsideration of the foregoing petition, Esquire, and Esquire, and A -A ?,f 01 .4 .1 61 Esquire, are appointed arbitrators in the above captioned ticp'(or, actions) as prayed for. `nom - ' ;t''' By the Court, cnrr , 0Q C-n 4 I/ r ,?„ C7 -fir- C7 #17509 Kevin A. Hess, P =' ?_?ac 11q/1?1 ?? C.J 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS - RULE 1312-1 has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19th day of April, 2011. W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 (Attorney for Plaintiffs) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: 4, Kevin D. Rauch, Esquire Counsel for Defendant Atetfi In the Court of Common Pleas of Cumberland Plaintiffs ?Aq , ?? ?/ ? County, Pennsylvania No. U9 - 7 S3 8 Defendant Civil Action - Law. Oath We solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States an t stitution of this Commonwealth a will discharge the duties of our office with fidelity. r n Si nature ignature Signature S ol?v, L,Badk64J Name (Chairman) O1APO, a hi G6 S e ! "7 LawTirm 3-(-/o U . Address Name Name eL., i ju-tsha- 4- Mc&4tb?- Law Fi m Law Firm V &7f Cry lC r l Yd -7( Address Address Ife 1ud C?a m p l ? if ??1 I? o l d Ceti, I v1C . M- /?4I ? nu(L K -? ka(K, a5 0 City, r Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) » InV0r a 160 hh -frT CA"I a aA74?,2,cl am? -fie (? m6w4 LJ4-- 3 j t)(/ 7. ov F/LJ CoJ s ©-F s u1 , dissents. (Insert name if applicable.) Date of Hearing: ?I_ Date of Award: F = a_ 1 (Chairman) Notice of Entry of Award Now, the day of dz4t , 20 J/ , at S--'a / , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ eA94?? 1 ?l Prothonotary By: Deputy i AU 1 7 'F NM sY eta' '?d? , l? l e-' r tom. /?G? c< { f r J 7?11i1 r?9 lc?g e • y t