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Home My WebLink About01-0295WILLIAM I. ROBERTSON, Plaintiff VS. JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, OO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEOAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WILLIAM I. ROBERTSON, Plaintiff VS. JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PElqNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, William I. Robertson, is an adult individual residing at 227 E. Locust St., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. John W. Young, Jr., is an adult individual residing at 23 E. Locust St., Mechanicsburg, Cumberland County, PA 17055. 3. On Saturday, April 1, 2000, at approximately 7:53 P.M. Plaintiffwas traveling in an westbound direction on his 1995 Kawasaki motorcycle traveling on Market St. (S.R. 114 in Upper Allen Township, PA). 4. The Defendant was eastbound on Market St. (S.R. 114) in the left turn lane. 5. The Defendant turned left onto Cumberland Parkway into the path of the Plaintiff colliding with the Plaintiff at which time he was ejected from his motomycle. 6. Said negligent act of the Defendant caused said collision which resulted in the injuries to the Plaintiff William I. Robertson. following: At the time of said accident, the negligence of the Defendant consisted of the A. Driving while under the influence of alcohol; B. Driving under the influence of alcohol to a degree which rendered him incapable of safe driving; C. Failing to slow and bring his vehicle to a stop and allow the Robertson vehicle to pass; Failing to stop and/or yield; Failing to maintain his vehicle under proper and adequate control at the time; Operating his automobile without due regard for the rights, safety, well-being and position of PlaintiWs under the aforesaid circumstances; G. Failing to yield the right-of-way to PlaintiWs vehicle; H. Violating the Vehicle Code of the Commonwealth of Pennsylvania. I. Failing to give proper and sufficient warning of the approach of said vehicle; J. Such other acts of negligence, carelessness and recklessness as may be determined through the process of discovery and a trial· 8. Due to the negligence of the Defendant, as aforesaid, Plaintiffsuffered the following injuries, which were and are serious: severe trauma, ecchymosis and swelling over his lower right extremity including right buttocks. 9. All of the aforesaid injuries were caused solely by the Defendant, acting and failing to act, as aforesaid, and were in no way caused by any act, or failure to act, on the part of the Plaintiff. 10. As a further result of the conduct of the Defendant, as aforesaid, Plaintiffhas suffered medically determinable physical impairments which have prevented him and continues to prevent him from performing all normal acts and duties which constitute his ususal and customary daily activities. 14. As a further result of the conduct of the Defendant, Plaintiffhas incurred substantial medical expenses to treat his injuries suffered in said accident, and will continue to incur medical expenses for the treatment of said injuries all due Defendant's negligence. 15. As a further result of the conduct of the Defendant, Plaintiffhas incurred work loss, property loss, and may incur work loss in the future. 16. As a further result of the conduct of the Defendant, Plaintiff is experiencing severe pain and suffering, mental anguish, and humiliation and, in the future, may continue to do so. WHEREFORE, Plaintiffdemands judgment against Defendant, in an mount in excess of Forty Thousand ($40,000.00) Dollars plus costs and interests. (717) 234-7832 Attorney for Plaintiff SHERIFF'S RETURN - CASE NO: 2001-00295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBERTSON WILLIAM I VS YOUNG JOHN W JR REGULAR ROBERT L. FINK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE YOUNG JOHN W JR DEFENDANT at 0013:10 HOURS, at 701 E LOCUST ST MECHA-NICSBURG, PA 17055 JOHN W. YOUNG a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 31st day of January , 2001 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18,00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this ~ day of So Answers: R. Thomas Kline 02/01/2001 REX L. BICKLEY \05_A\LIAB\TJM\LLPG\67214\RYM\I 4180\02953 WILLIAM I. ROBERTSON, Plaintiff JOHN W. YOUNG, JR. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-295 CIVIL ACTION LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant John W. Young, Jr. in the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATED: BY: Tim~~' a~hthon, Esquire P.O. Box 803 Harrisburg, PA 17108 I.D. N-o. 52918 (717) 232-9323 Attorney for Defendant CERTIFICATE OF SERVICE I, Rachael L Minnich, employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this '~ day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, Pa 17101 RACHAEL L. M1NNICH WILLIAM I. ROBERTSON, Plaintiff JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-295 CIVIL ACTION LAW JLrRy TRIAL DEMANDED NOTICE TO PLEAD TO: THE PROTHONOTARY You are hereby notified to plead to the enclosed Answer with New Matter of Defendant, within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, DATED: BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GO~ .GIN 1 ;0 pi~'~'~ne ~tret~t_ 4~,h°!lo~rqUir e P.O. Box 803 H~sb~g, PA 17108 I.D. No. 52918 (717) 232-9323 Attorney for Defendant, John W. Young, Jr. \05_A\LIAB\TJM\LLPG\67228\RYM\14180\02953 WILLIAM I. ROBERTSON, Plaintiff JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-295 CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPI,AINT 1. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says he is. The remaining allegations of this paragraph are denied because Defendant after reasonable investigation and inquiry lacks information as to the truth thereof and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 2. Admitted. 3. Denied in accordance with Pa.R.C.P. 1029(e). 4. Admitted upon information and belief. 5. Admitted in part; denied in part. It is admitted only that Defendant turned left on to Cumberland Parkway as alleged. The remaining allegations of this paragraph are denied in accordance with Pa.R.C.P. 1029(e). 6. Denied in accordance with Pa.R.C.P. I029(e). 7. Denied. The allegations of this paragraph, together with its subparts (a) through (j) constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial if relevant. 8. Denied in accordance with Pa.R.C.P. 1029(e). 9. Denied in accordance with Pa.R.C.P. 1029(e). 10. Denied in accordance with Pa.R.C.P. 1029(e). I 1. Omitted. 12. Omitted. 13. Omitted. 14. Denied in accordance with Pa.R.C.P. 1029(e). 15. Denied in accordance with Pa.R.C.P. 1029(e). 16. Denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in his favor and against Plaintifftogether with such other relief, as this court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 17. Plaintiff's Complaint fails to state a cause of action as against Defendant upon which relief can be granted as a matter of law. 18. No act or omission on the part of Defendant was a substantial contributing factor in bringing about PlaintiWs injuries and/or damages, all such injuries and/or damages being expressly denied. 19. Plaintiff's claims may be barred or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 20. Defendant reserves his right to raise one or more of those defenses reserved by virtue of Pa.R.C.P. 1030. 21. Plaintiff's claims may be limited by the Doctrines of Res Judicata and/or Collateral Estoppel. WHEREFORE, Defendant John W. Young, Jr. demands judgment in his favor and against Plaintiff together with such other relief, as this court shall deem appropriate. DATED: ~/~ '~/{')/ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 100 Pine Shteet-- 4~" Floor P.O. Box 803 Harrisburg, PA 17108 I.D. No. 52918 (717) 232-9323 Attorney for Defendant, John W. Young, Jr. 3 VERIFICATION John W. Young, Jr., defendant in the above matter, verifies that the facts set forth in Answer with New Matter are tree to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. CERTIFICATE OF SERVICE I, Shonu McEchron, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~Q( day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: L. Rex Bickley, Esquire 121 South Street Harrisburg, Pa 17101 WILLIAM I. ROBERTSON, Plaintiff JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEI~I~'S~d3d~L~I/A NO. 01-295 CIVIL ACTION LAW JURY TRIAL DEMANDED ORDER TO SETTLE, DISCONTINUE AND END TO: Prothonotary, Cumberland County Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. L. Rex Bickl~, Esquire 121 South/~[reet Harrisb)a~g, Pa 17101 Attomey for Plaintiff, William I. Robertson \05_A~LIAB\TJM~LLPG\70020\SXVM 4180\02953 WILLIAM I. ROBERTSON, Plaintiff JOHN W. YOUNG, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-295 CIVIL ACTION LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, an employee of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this ,~],5t' day of ]'v~]~, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: L. Rex Bickley, Esquire 121 South Street Harrisburg, Pa 17101 (for Plaintiff) SHONU V. MCECHRON \05 A\LIAB\TJM\LLPG\6750%RYM\ 14180\02953