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Home My WebLink About10-3383JAY G. PRENSKY AND IN THE COURT OF COMMON PLEAS COLLEEN PRENSKY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 10- 3383 Civil Lm V. : CIVIL ACTION - LAW ANGELA MAY SHEAFFER, Defendant 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 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 M,J.oo Pb A71Tf C??' ?175? -7 -7 JAY G. PRENSKY AND IN THE COURT OF COMMON PLEAS COLLEEN PRENSKY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. V. ANGELA MAY SHEAFFER, : CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias 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 aqui 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 mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 James L. Goldsmith, Esq. Attorney I.D. #27115 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax j goldsmith@CKLegal.net Attorneys for Plaintiffs Jay G. Prensky and Colleen Prensky JAY G. PRENSKY AND IN THE COURT OF COMMON PLEAS COLLEEN PRENSKY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, : NO. V. ANGELA MAY SHEAFFER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Jay G. Prensky and Colleen Prensky, by and through their attorneys, Caldwell & Kearns; and file this Complaint and state in support thereof, state as follows: Plaintiffs Jay G. Prensky and Colleen Prensky ("Plaintiffs") are adult individuals, husband and wife, who reside at 101 North 24th Street, Camp Hill, Cumberland County, Pennsylvania, 17011 2. Defendant Angela May Sheaffer ("Defendant"), is an adult individual who resides at 340 Fox Hollow Road, Shermans Dale, Perry County, Pennsylvania, 17090. 1 3. The facts and occurrences set forth herein occurred on January 19, 2010, at or about 3:25 p.m. while Plaintiff Jay Prensky was operating a bicycle and traveling in an easterly direction on Trindle Road approaching its intersection with Sheely Lane in Hampden Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Jay Prensky was riding his bicycle as near to the right side of the roadway as was practicable, at a speed of approximately 19 or 20 mph. and in all manner exercising due care and obeying all applicable rules of the road. 5. At that time and place, Defendant was the operator of a 2006 Mazda motor vehicle also traveling in an easterly direction on Trindle Road approaching its intersection with Sheely Lane, Hampden Township, Cumberland County, Pennsylvania. 6. As the bicycle operated by Plaintiff Jay Prensky and the motor vehicle operated by Defendant approached Sheely Lane, Defendant passed Plaintiff Jay Prensky on his left and initiated a right turn onto Sheely Lane. 7. Defendant initiated the afore-referenced right turn onto Sheely Lane immediately after overtaking Plaintiff Jay Prensky and in so doing, entered into his path of travel when he was so close as to constitute a hazard that he could not avoid despite the immediate application of his brakes. 8. Solely as a result of the negligence of the Defendant as more fully set forth below and as described above, Plaintiff Jay G. Prensky had insufficient time to slow, stop, swerve or otherwise avoid impacting the vehicle operated by the Defendant. 9. Solely as a result of the negligence of the Defendant described above and as more fully set forth below, Plaintiff Jay Prensky was thrown from his bicycle, flew through the air, and landed on Trindle Road and in so doing sustained physical injuries, including but not limited to, 2 fractures of his cervical vertebra at C6 and C7 with associated soft tissue edema; left shoulder abrasions and pain with weakness, parathesias, and radiculopathy extending down the left arm and into his left, dominant hand. 10. Solely as a result of the negligence of the Defendant, Plaintiff Jay Prensky suffered, and will continue to suffer, great pain and anguish for an indefinite time into the future. 11. Solely as a result of the negligence of the Defendant, Plaintiff Jay Prensky is undergoing and continues to undergo medical treatment for which he is and will be obligated to expend various sums of money. 12. Solely as a result of the negligence of the Defendant, Plaintiff Jay Prensky, a medical doctor, opthalmologist and retinal surgeon, has suffered, continues to suffer and will in the future suffer an inability to fully perform the tasks of his profession resulting in a diminution in his earning capacity and a loss of wages in excess of sums likely to be recovered from other obligors. 13. Solely as a result of the negligence of the Defendant, Plaintiff Jay Prensky has suffered and continues to suffer from the physical disfigurement in the form of left pectoral muscle atrophy and atrophy of the muscles of the left upper arm. 14. Solely as a result of the negligence of the Defendant, Plaintiff Jay Prensky was required to cancel a paid-for vacation and has suffered the loss or damage of personal property, including but not limited to, his bicycle, bicycle helmet, eye glasses and articles of clothing worn at the time of the incident referenced above. 15. At the time of the occurrence which is the subject of this litigation, Plaintiffs maintained the Full Tort Option with their motor vehicle insurer. WHEREFORE, Plaintiff Jay G. Prensky demands judgment against Defendant Sheaffer in an amount in excess of the jurisdictional limit for arbitration plus interest, costs, and delayed damages. COUNT I - NEGLIGENCE 16. Averments 1 through 15 are incorporated herein as though they were set forth at length. 17. The foregoing accident and all of the injuries and damages averred by Plaintiffs are solely the result of the negligence, carelessness and recklessness of the Defendant in the operation of a motor vehicle, including but not limited to the following: a. having passed Plaintiff Jay Prensky to his left, Defendant failed to remain left of him until she had clearly and safely overtaken his vehicle in violation of 75 Pa.C.S.A. 3303. b. failing to keep a lookout and maintain a proper watch for persons lawfully on the roadway, including Plaintiff Jay Prensky; in failing to operate her vehicle with due regard to the conditions which were then and there existing and of which she should have been aware; d. in failing to exercise a reasonable standard of care under the circumstances while endeavoring to make a right turn; and in placing her vehicle suddenly in the path of Plaintiff Jay Prensky and thereby creating for him a sudden emergency. WHEREFORE, Plaintiffs demand judgment against the Defendant for an amount in excess of the jurisdictional limit for arbitration plus interest, costs and delayed damages. 4 COUNT II - LOSS OF CONSORTIUM 18. Averments 1 through 17 are incorporated herein as though they were set forth at length. 19. Soley as a result of the negligence of the Defendant as aforesaid, and as a result of the injuries averred to Plaintiff Jay Prensky, Plaintiff Colleen Prensky has been deprived of the society and companionship of her husband. WHEREFORE, Plaintiffs demand judgment against the Defendant for an amount in excess of the jurisdictional limit for arbitration plus interest, costs and delay damage Respectfully submitted, Dated: May 20, 2010 CALDWELL & KEAR" B 0 ? ?4z; Y: James L. Golds iith, Esq. Attorney I.D. # 15 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@CKLegal.net Counsel for Plaintiffs 06144-002/161102 VERIFICATION I, Colleen Irensky verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Colleen Prensky A VERIFICATION I, Jay G. Prensky, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 2z-V 0 t.. y G. rensky ~. r 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS vs. ANGELA MAY SHEAFFER, DEFENDANT ~ a ~ Z010.lt~~ 30 F'r3 l2~ X17 I7 r' I Y±V J i~~Yt"~i~`~ I!'~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Angela May Sheaffer. The Defendant reserves the right to otherwise plead in this matter. Respectfully submitted, LAW CJFFICE OF SN~D,~F~ & DORER Date: June 29. 2010 By" t7~- Ii` I f U ~ Donald R. Dorer°Esq lu relu re Attorney for Defendant Court I.D. No. 39126 1 0-01 1 621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ANGELA MAY SHEAFFER, DEFENDANT NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Date: June 29. 2010 Attorney for Defendant ~~ D_ 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS vs. ANGELA MAY SHEAFFER, DEFENDANT ~ ~t~" i`. ,_._ ~ . 20(~ ~`.~ ~7 i~ ~ t~.~ 52 r_ ~7 ~ i4 ~, ~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted in part, denied in part. It is admitted only that Plaintiffs, Jay G. Prensky and Colleen Prensky are adult individuals residing at the listed address. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 2. Admitted. 3. Admitted in part, denied in part. It is admitted only that on January 19, 2010 at or about 3:25 p.m., Plaintiff Jay Prensky was operating a bicycle and traveling in an easterly direction on Trindle Road approaching its intersection with Sheely Lane in Hampden Township, Cumberland County, Pennsylvania. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 4. Denied. Paragraph 4 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e). 5. Admitted. 6.-15. Denied. Paragraphs 6 through 15 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Angela May Sheaffer, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. COUNT I -NEGLIGENCE 16. Paragraphs 1 through 15 are incorporated herein by reference, and made a part hereof as if set forth in full. 17. The allegations in paragraph 17, including subparagraphs 17(a) through 17(e) of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Angela May Sheaffer, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 2 COUNT II -LOSS OF CONSORTIUM 18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part hereof as if set forth in full. 19. The allegations in paragraph 19 of the Complaint are conclusions of law to which no response is required. To the extent a response is deemed necessary, said allegations are denied generally pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Angela May Sheaffer, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 20. Paragraphs 1 through 19 are incorporated herein by reference, and made a part hereof as if set forth in full. 21. The Plaintiffs' claims for non-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. §1705. 22. The Plaintiffs' claims for medical expenses and/or wage losses. may be barred, or should be reduced, pursuant to §1722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. 3 WHEREFORE, Defendant, Angela May Sheaffer, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, LAW OFFICE OF SNYDER & DORER Date: Julv 23. 2010 By: Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 4 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS vs. ANGELA MAY SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for the Defendant, Angela May Sheaffer in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: July 23. 2010 Attorney for Defendant, Angela May Sheaffer Identification No. 39126 1 ao11 s21 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite s00 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer .JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS vs. ANGELA MAY SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer to Complaint with New Matter to be served by regular first class mail upon: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for F' '"" Date: July 23. 2010 Donald R. Dorer, Esquire Attorney for Defendant ;, 10-011621 r LAW OFFICE OF SNYDER & DORER ~ ,~ ~~ F-' 214 Senate Avenue, Suite 600 - ; ~ ~' ~ .- ~; Camp Hill, PA 17011 --._. -~,, Telephone Number: (717) 731-0988 -- .-~~~- ~_ Attorneys for Defendant, Angela May Sheaffer ~ < < ~ - •- ., c:; co ,~ -.. JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ANGELA MAY SHEAFFER, DEFENDANT No. 10 - 3383 CIVIL ACTION -LAW BURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer to Complaint with New Matter for the attorney's Verification that had been filed with the Court on or about July 27, 2010. Date: August 16. 2010 Donald R. Dorer, Esquire Attorney for Defendant Court I.D. No. 39126 Respectfully submitted, 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer .JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ANGELA MAY SHEAFFER, DEFENDANT NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED VERIFICATION I, Anoela Mav Sheaffer verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: Angel ay Shea r 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ANGELA MAY SHEAFFER, DEFENDANT NO. 10 - 3383 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Date: Auaust 16. 2010 onald R. Dorer, Esquire Attorney for Defendant 10-011621 JAMES L. GOLDSMITH, ESQUIRE CALDWELL & KEARNS 3631 NORTH FRONT STREET HARRISBURG, PA 17110 TELEPHONE NO. (717) 232-7661 ATTORNEY FOR PLAINTIFFS JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS VS. ANGELA MAY SHEAFFER, DEFENDANT -II_P.O-OI~ DICE s;e = I PROTI-IONOTA R T 2011 FEB 23 AM 11: 46 OU PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3383 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. CALDWELL & KEARNS Date: Z L 2 1 ? ? Jages L. Golds th Esquire 3,(W North Fr nt reet arrisburg, PA 17110 Telephone No. (717) 232-7661 Attorney for Plaintiffs Court I.D. 27115 10-011621 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Angela May Sheaffer JAY G. PRENSKY AND COLLEEN PRENSKY, PLAINTIFFS VS. ANGELA MAY SHEAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3383 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached PraeciDe to Settle. Discontinue and End to be served by regular first class mail upon: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Plaintiffs Date: February 21, 2011 Donald R. Dorer, Esquire Attorney for Defendant