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Home My WebLink About09-8767IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KATHLEEN SHAW and NO. DQ - 8?(oq aivitTem GREGORY SHAW, Plaintiffs V. I !JARED M. COOVER, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default 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 OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE BLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY FFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO EE. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL DDAa as E. ANSTINN, D', Yoea. Pen-xevvvwv?e i?tios (,KATHLEEN SHAW and (GREGORY SHAW, Plaintiffs v. (,JARED M. COOVER, Defendant NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED AVISO PARA DEFENDER Conforme a PA RCP Num. 1018.1 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las uejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir e la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en ersona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las emandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la 'orte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en i demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED UEDE PERDER DINERO, O PROPRIEDADES U OTROS DERECHOS IMPORTANTES ARA LISTED. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED O TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA QUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO ONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE ROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER ERVICIOUS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O ;RATIS. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 1-800-990-9180 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA d)AU.A E. Av[aTUN?u. Ha, Q', Yone. oPexxsxc?wxu ??rus ATHLEEN SHAW and REGORY SHAW, Plaintiffs v. kRED M. COOVER, Defendant COMPLAINT NO. CIVIL ACTION-LAW JURY TRIAL DEMANDED 1. The Plaintiffs, Kathleen Shaw and Gregory Shaw, wife and husband, are adult ividuals residing at 333 Whiskey Run Road, Newville, Pennsylvania 17241-8614. 2. The Defendant is a minor individual residing at 109 Logan Lane, Shippensburg, vania 17257. 3. On January 4, 2009, Plaintiff Kathleen Shaw was a passenger in a 2007 Black ummer H3, bearing Pennsylvania registration plate GPZ-0290, which was owned and operated by Plaintiff Gregory Shaw. 4. On January 4, 2009, the Defendant was the operator of a 2000 Nissan Maxima bearing vania registration plate FHY-0300, which was owned by and used with the permission of teven L. Coover. 5. On January 4, 2009, at approximately 6:40 p.m., Plaintiff's vehicle was being operated on Ridge Road approaching its intersection with Oakville Road in North Newton and was intending to proceed straight through the intersection which was not by any traffic control device for motorists proceeding on Ridge Road. 6. At that same time and place, the Defendant was operating his vehicle northbound on le Road when he pulled from a position controlled by a stop sign in order to make a left turn onto westbound Ridge Road and pulled directly into the Plaintiffs' path of travel ausing a collision with Plaintiffs' vehicle which resulted in injuries and damages to the tiffs. 7. This accident occurred as a result of the negligence of the Defendant and was due in manner to any act, or failure to act, on the part of the Plaintiffs. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is demanded. COUNTI KATHLEEN SHAW V. JARED M. COOVER 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated herein fully as though set forth at length. 10. The negligence of the Defendant consisted of the following; a: Failing to properly operate and control his motor vehicle; b: Failing to keep alert and maintain a proper lookout for the presence IDeu.m E. A ?4Ta., a:. P, V, Yuaa, F6NNSVL?A..w ??+?z of other motorists on the streets and highways; c: Operating his vehicle in careless disregard for the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. §3714; d: Failing to yield the right-of-way to Plaintiff's vehicle in violation of 75 Pa. C.S. §3323(b); e: Failing to observe the presence of Plaintiff's vehicle when the Defendant knew or should have known of the presence of Plaintiff's vehicle; and f. Failing to safely execute a left hand turn. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and injuries including but not limited to cervical and lumbar strain/sprain, lumber disc injury, leg pain, headaches, hip pain, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur bills and expenses for the injuries she has suffered, and she will continue to incur expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has suffered, or may , a severe loss of her earnings and impairment of her earning capacity and the loss of and impairment of earning capacity will, or may continue in the future. 14. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the ture may undergo, great mental and physical pain and suffering, scarring and disfigurement, anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of 11. IF DAB n E. S1xSTIXE, Yoea, PervNS V?vwttae6 i?+??s activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II GREGORY SHAW V. JARED M. COOVER 15. The allegations contained in paragraphs 1 through 14, inclusive, are incorporated as fully as though set forth at length. 16. Solely as a result of the negligence of the Defendant, and the resulting injury to his , the Plaintiff, Gregory Shaw, has been deprived of the assistance, companionship and of his wife, all of which has been to his great loss and detriment. Said losses will for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter udgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: ?Aw oF???E= o. DAV N F., Aat¢ TINF. P. 1% Yoak. PexkEruvwrvu i?ann LAW O Attorney I.D. #22487 Two West Market Street P.O. Box 952 York, PA 17405 (717) 846 - 0606 VERIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. l_z I -Q r Kat leen Shaw 12-17? p a,,,) Grego y Shaw I)A O.A E,?E?RN'E'fl P7 D. Bn. Qom. YonePaPaxmsrcvw..?w ??iiia 0 7?L?, c l 6" 2: 27 49A.oo PO ATI ce w 834u 8 04 a 35,303 2Ci~ F~~ 2~ Fs'i 3~ c~ CU~~~.r'_:: ~i J~i~Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHLEEN SHAW and GREGORY SHAW, Plaintiffs, v. JARED M. COOVER, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof r a judgment May be entered against you. Summers, McDonnell, Hudock, Guthrie & Skeel, P.C. CIVIL DIVISION NO. 09-8767 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant 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 #17627 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KATHLEEN SHAW and GREGORY SHAW, Plaintiffs, NO. 09-8767 v• (Jury Trial Demanded) JARED M. COOVER, Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jared M. Coover, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeef, P.C., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that on January 4, 2010, at approximately 6:40 p.m., the vehicle in which the Plaintiff was a passenger was traveling westbound on Ridge Road approaching the intersection with Oakville Road, and that the intersection was not controlled by any traffic control device for motorists on Ridge Road. The remainder of the allegations in Paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 6. Admitted in part, denied in part. It is admitted that a collision occurred at the said date, time, and place. The remainder of the allegations in paragraph 6 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. By way of further answer, the Defendant was proceeding straight on Oakville Road when the subject accident occurred. 7. Paragraph 7 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 8. It is admitted that the Plaintiff is alleging that this matter exceeds the applicable arbitration limits. COUNTI KATHLEEN SHAW v. JARED M. COOVER 9. In response to paragraph 9, the Defendant reiterates and repeats all his responses in paragraphs 1 through 8 as if fully set forth at length herein. 10. Paragraph 10 and all of its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Jared M. Coover, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. COUNT II GREGORY SHAW y. JARED M. COOVER 15. In response to paragraph 15, the Defendant reiterates and repeats all his responses in paragraphs 1 through 14 as if fully set forth at length herein. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Jared M. Coover, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. NEW MATTER 17. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 18. Some and/or all of Plaintiffs' claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 19. To the extent that the Plaintiffs have selected the limited tort option or are deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs' ability to recover non-economic damages. 20. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Jared M. Coover, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & KEEL, P.C. By: Kdvvrily~/R~a~ich, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ~ -~~ -t a ~----`~ J red M. Coover #17627 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 24th day of February, 2010. Dale E. Anstine, Esquire Law Offices of Dale E. Anstine, P.C. Two West Market Street P.O. Box 952 York, PA 17405 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRI & KEEL, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant ''i~: 3 C . C' Y .~ , , ;., rw ~~ r.. ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KATHLEEN SHAW and NO. 2009-08767 _ GREGORY SHAW Plaintiffs v. CIVIL ACTION -LAW JARED M. COOVER Defendant PRAECIPE TO REMOVE To the Prothonotary: Please mark the above-referenced case SETTLED and DISCONTINUED. DALE E By; oTziao~~ `'~ Counsel for Plaintiff I.D. #22487