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Home My WebLink About10-4219IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. - ' ai9 ~~ Civil Action - X Law MICHELLE DIBERADINE and WILLIAM DIBERADINE, her husband 625 Paige Hill Road New Bloomfield, PA 17068 versus BRIAN RHOADES 2008 Princeton Avenue Camp Hill, PA 17011 DERRICK SMITH 1921 Sapphire Lane Aurora, IL 60506 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and foryca~de~i to Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N. Second Street Harrisburg, PA 17110 717-238-6570 Names/Address/Telephone No. of Attorney C Y~ ~.~. ~_ C ~'r Z=- ~ -. tJ C (X) Sheriff Attorney Court ID No. 23144 Date: N _O O c_.. c z r A ca 0 c~ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: ~ ~. l U eputy ()Check here if reverse is issued for additional information ~~~ iii ~~, ^~, -c ~~ ~{7~a ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~ylSn 0~ ~Mtip1~«~r~ ~ i ~7- ~a~F c ~ .:F -k~ zH~~iFF Jody S Smith Chief Deputy Richard W Stewart Solicitor 2010 J~?L - ! ~~ ;~~ 3b CUPti ,M~° , ,, TY _ ~uN Michelle Diberadine ~ vs. Brian Rhoades Case Number 2010-4219 SHERIFF'S RETURN OF SERVICE 06/28/2010 04:46 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2010 at 1646 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Brian Rhoades, by making known unto himself personally, at 2008 Princeton 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: $41.94 June 29, 2010 ~__ ~ DENNI RY, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF ±ei CounfySuite Sheri$ Teleosoft. Inc. ~{~~ C ~~ 1010 JJ! 13 ;~1y ~~ 3~ F;\ CVit~~~ _ ~1. k t5 F JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D: 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 21'1D STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE :717-23 8-6570 FACSIMILE: 717-238-4809 ATTORNEYS FOR PLAINTIFF MICHELLE DIBERARDINE and WILLIAM DIBERARDINE, Plaintiffs v. BRIAN RHOADES and DERRICK SMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-4219 CIVIL ACTION -LAW PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Please filed the attached copy of the Sheriffls Return of Service as Proof of Service in the above matter indicating service of Brian Rhoades, Defendant in this matter on June 28, 2010. Respectfully submitted, & CHERNICOFF, P.C. Dated: July ~, 2010 By: Esquire 7.D. #2314 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\HomeW}IEW[1"11DOCS\D-F\Dibererdine, Michelle\praecipe proof service Brian rhoedes only 070910.wpd SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~$~~xtr ct ~~~~~~~~~~~,~ Chief Deputy C~ ;~ Richard W Stewart ~~ $OIICItOf iCE ~F r~~ ~~~~RIFF Michelle Diberadine I vs. Brian Rhoades Case Number 2010-4219 SHERIFF'S RETURN OF SERVICE 06/28/2010 04:46 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2010 at 1646 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Brian Rhoades, by making known unto himself personally, at 2008 Princeton 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: $41.94 June 29, 2010 DENNI RY, DEPU SO ANSWERS, ~~ RON R ANDERSON, SHERIFF ~ z~~~'~~~?~ JUL 0 2 2010 e ~ : -------------•-----. (c) CountySuite Sheriff, Teleo=_off, Inc. CERTIFICATE OF SERVICE I do hereby state that on the ~ day of July 2010, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Brian Rhoades 2008 Princeton Avenue Camp Hill, PA 17011 Pro Se Defendant Derrick Smith 1921 Sapphire Lane Aurora, IL 60506 Pro Se Defendant ._ - T~ - r L j,. j jj ,j;_ ~ ~ ' ~ € ~ . ~ ~ Jordan D. Cunningham, Esquire Jb~ 3o PM ~ ; ~ Cunningham & Chernicoff, P.C. ~~i,:_: ; _„,;?1F~ 2320 North Second Street r'~. ~ Harrisburg, PA 17110 Telephone: 717-23 8-6570 Facsimile: 717-23 8-4809 Email: jcunninghamncclawpc.com MICHELLE DIBERARDINE and IN THE COURT OF COMMON PLEAS WILLIAM DIBERARDINE, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. N0.2010-4219 BRIAN RHOADES and CIVIL ACTION -LAW DERRICK SMITH, Defendants PRAECIPE TO REINSTATE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reinstate the attached Writ of Summons to the above captioned term and number. Respectfully submitted, CUNNING Date: y 30 !~D By: COFF, P.C. 7ordan D. Cunningham, Esquire PA Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 F:\Home\AHEWITT\DOCS\D-F\Diberardine, Michelle\praecipe to reinstate 073010.wpd ~~ •~ ~~, GrAiti Y; ~ v L 7 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades ~'.' •' ~~ f~*. '1' ~ ~' 4 ~. . . . ~ 1 .. pv~ a n7 ~ ,; i. MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS VS. NO. 2010 - 4219 BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS 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, Brian Rhoades. Date: July 30, 2010 LA i By: `- & DORER Donald R. Dorer, Esquire Attorney for Defendant, Brian Rhoades Court I.D. No. 39126 Respectfully submitted, :.~ ., M. 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4219 VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Brian Rhoades herein, and that he caused a true and correct copy of the attached Entrv of Appearance to be served by regular first class mail upon: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiffs and Derrick Smith 1921 Sapph' ' Aurora, IL Date: Julv 30. 2010 Attorney for Defendant, Brian Rhoades ~~ t 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS ;~ ~ ~, - 1\r T~ rr ~ y`. ~i I . a , _. .. ~Ul~ ^at ~PI'-2 '~'• ~ GL t '_ _ .. ;i'u; 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4219 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiffs to file a Complaint within twe ty (20) days hereof or suffer the entry of a Judgment of Non Pro ; Date: Julv 30.2009 - Donald R. Dorer, Esquire Attorney for Defendant, Brian Rhoades Court I.D. 39126 RULE TO FILE COMPLAINT AND NOW, this a'~ day of , 2010 a RULE is hereby entered upon the Plaintiffs to file a Compl int herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTAR H 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N O. 2010 - 4219 CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Brian Rhoades herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiffs and Derrick Smith 1921 Sapphire Lane Aurora, IL 6050 Date: Julv 30. 2010 Donald R. Dorer, Esqui Attorney for Defendant, Brian Rhoades 41 :NOTARY Fit 1: 16 CUWFkLk1-) CQUNTY PENNSYLVANIA JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE : 717-238-6570 FACSIMILE: 717-238-4809 ATTORNEYS FOR PLAINTIFF MICHELLE DIBERARDINE and WILLIAM DIBERARDINE, Plaintiffs V. BRIAN RHOADES and DERRICK SMITH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-4219 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 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 1-800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion 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 accion 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 reclamacion 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 1-800-990-9108 717-249-3166 2 JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE : 717-238-6570 FACSIMILE: 717-238-4809 ATTORNEYS FOR PLAINTIFF MICHELLE DIBERARDINE and IN THE COURT OF COMMON PLEAS WILLIAM DIBERARDINE, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 2010-4219 BRIAN RHOADES and CIVIL ACTION - LAW DERRICK SMITH, Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, comes your Plaintiffs, Michelle Diberardine and William Diberardine, by and through their counsel, Cunningham & Chernicoff, P.C., who files this Complaint at Law and, in support thereof, avers the following: Michelle Diberardine v. Brian Rhoades and Derrick Smith Count I. Background 1. Plaintiff, Michelle Diberardine, is an adult individual who resides at 625 Page Hill Road, New Bloomfield, Perry County, Pennsylvania. 2. Plaintiff, William Diberardine, is an adult individual who, at all times relevant hereto, has been the husband of Michelle Diberardine and resides at 625 Page Hill Road, New Bloomfield, Perry County, Pennsylvania. Defendant, Brian Rhoades, is an adult individual who currently resides at 2008 Princeton Avenue, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Derrick Smith, is an adult individual who resides at 1921 Sapphire Lane, Aurora, Illinois. 5. The facts and occurrences hereinafter related took place on or about July 31, 2008 at approximately 10:00 o'clock p.m. at the intersection of Gettysburg Road and Hartzdale Drive, Lower Allen Township, Cumberland. County, Pennsylvania. 6. At that time and place, Plaintiff Michelle Diberardine, was the owner of a 1998 Mitsubishi Eclipse and was operating her vehicle in a westerly direction on Gettysburg Road and was stopped at the red traffic light at the intersection of Gettysburg Road and Hartzdale Drive. 7. At that time and place, Defendant, Brian Rhoades (hereinafter referred to as "Defendant Rhoades"), was the owner of a 1990 Chevrolet S-10 truck, blue in color, and was operating his vehicle in a westerly direction on Gettysburg Road. Defendant, Derrick Smith (hereinafter referred to as "Defendant Smith"), was the owner of a 2006 GMC Yukon, black in color, and was operating his vehicle in a westerly direction on Gettysburg Road and was stopped at the red traffic light at the intersection of' Gettysburg Road and Hartzdale Drive behind the vehicle being operated by Plaintiff, Michelle Diberardine. 2 Count II. Cause of Action - Negligence 9. At that time and place, the vehicle operated by Defendant Rhoades was caused or allowed to crash into the rear of the vehicle operated by Derrick Smith, which vehicle was proceeding in the same direction in front of Defendant Rhoades' vehicle, the impact of the collision causing Defendant Smith's vehicle to crash into the rear of the vehicle being operated by Plaintiff Michelle Diberardine. 10. Said collision of the vehicle being operated by Defendant Rhoades with the vehicle being operated by Defendant Smith which then was caused to collide with the vehicle being operated. by Plaintiff, Michelle Diberardine, and all of the herein mentioned injuries and damages sustained by Plaintiff, Michelle Diberardine, are the direct result of the careless, reckless, and negligent manner in which the Defendants, Brian Rhoades and Derrick Smith, operated their vehicles, as follows: a. Defendant Rhoades in failing to keep alert and maintain a proper look out for the presence of other motor vehicles on the highway; b. Defendant Rhoades in failing to keep proper and adequate control over his vehicle; C. Defendant Rhoades in failing to have his vehicle under such control as to stop within the assured clear district ahead; d. Defendant Rhoades in failing to exercise the high degree of care required at an intersection and in failing to maintain a proper look out for traffic at said intersection; 3 e. Defendant Rhoades in failing to exercise caution and prepare to stop his vehicle for the red light traffic signal which was located at the intersection of Gettysburg Road and Hartzdale Drive and situated as a substantial distance ahead of his vehicle. f. Defendant Rhoades in failing to observe traffic stopped for the traffic signal at the intersection of Gettysburg Road and Hartzdale Drive and in failing to slow the vehicle he was operating in order to avoid striking the vehicle being operated by Defendant Smith; g. Defendant Rhoades in operating his motor vehicle while under the influence of alcohol; h. Defendant Rhoades in failing apply his brakes in time to avoid striking Defendant Smith's vehicle which vehicle, in turn, struck the vehicle being operated by Plaintiff, Michelle Diberardine; Defendant Rhoades, in driving his vehicle behind Defendant Smith's vehicle at a distance to close for safety of Defendant Smith and Plaintiff Michelle Diberardine; Defendant Smith in failing to exercise the high degree of care required at an intersection in failing to maintain a proper look out for traffic both in front and behind him at said intersection; k. Defendant Smith in stopping his vehicle behind Plaintiff Michelle Diberardine's vehicle at a distance too close for the safety of the Plaintiff, Michelle Diberardine; 4 Defendant Smith, in stopping his vehicle at too short a distance in relation to Plaintiff Michelle Diberardine's vehicle, that would allow him an assured clear distance between his vehicle and Plaintiff, Michelle Diberardine's vehicle to have his vehicle under control in order to avoid striking Plaintiff Michelle Diberardine's vehicle in the event his vehicle was struck by a third vehicle; m. Defendant Smith in failing to apply his brakes in time to avoid the striking of Plaintiff, Michelle Diberardine's, vehicle after having been stricken by Defendant Rhoades' vehicle; n. Defendant Smith in driving and stopping his vehicle behind Plaintiff, Michelle Diberardine, at a distance too close for the safety of the Plaintiff, Michelle Diberardine; and o. Defendants Rhoades and Smith in driving their vehicles in a reckless manner and with careless disregard for the safety of Plaintiff, Michelle Diberardine, and in otherwise operating their vehicles upon the highway in a manner endangering persons and property and in violation of the Motor Vehicle Code of Pennsylvania. 11. As a result of the aforesaid collision, Plaintiff, Michelle Diberardine. was thrown and jostled about thereby sustaining painful, permanent, severe, and disabling injuries as follows: a. An injury to the cervical area of her neck and spine; b. An injury to her right shoulder; C. A bruised rotator cuff, 5 d. A partial dislocation of her right shoulder; Pain in her right arm and at the base of her neck; f. Numbness in her right arm and hand; g. Hand and fingers of her right arm at times being cold and tingling; h. Headaches; An inability to hold in her right arm for any period of time items of weight exceeding several pounds; A severe shock to her nerves and nervous system; and k. Other severe and painful injuries. 12. Plaintiff, Michelle Diberardine, has been advised and therefore avers that the aforesaid injuries, other than her contusions, may be permanent in nature. 13.By reason of the aforesaid injuries sustained by Plaintiff, Michelle Diberardine, she was forced to incur liability for medical treatment, medicine, hospital emergency services, and similar miscellaneous expenses in and about an effort to restore herself to health and because of the nature of said injuries she has been advised and therefore avers that she will be forced to incur similar expenses in the future. 14. Plaintiff, Michelle Diberardine's, medical expenses have surpassed the $5,000 threshold of medical coverage provided by her automobile insurance carrier for the payment of medical expenses and she has been advised by her medical health insurance carrier, Highmark Blue Shield, that it is claiming a subrogation interest for all medical bills which they have paid on her behalf related to this injury. 6 15. As a result of said injuries, Plaintiff, Michelle Diberardine, has undergone and in the future will undergo great mental and physical pain and suffering, great inconvenience in caring out her daily activities, and loss of life's pleasure and enjoyment; and a claim is made for. 16. As a result of said injuries, Plaintiff, Michelle Diberardine, by reason of not being able to fulfill her employment duties at the West Shore EMS, has sustained the loss of 12 hours of work. 17. As the result of said collision, by reason of her 1998 Mitsubishi Eclipse being damaged, sustained a loss for repair of damage, a claim for which is made therefore. WHEREFORE, Plaintiff, Michelle Diberardine, demands judgment, both joint and severable, against Defendants, Brian Rhoades and Derrick Smith, in an amount in excess of the jurisdictional amount requiring compulsory arbitration. Count III. William Diberardine v. Derrick Smith and Brian Rhoades 18. The averments of Paragraphs 1 through 17 are incorporated herein by reference as if more fully set forth herein. 19. At all times relevant hereto, Plaintiff William Diberardine has been married to Plaintiff, Michelle Diberardine. 20. By reason of the aforesaid injuries sustained by his wife, Plaintiff, Michelle Diberardine, Plaintiff William Diberardine has been and in the future will be deprived of the assistance, companionship, consortium, and society of his wife, all of which have been and will be to his great damage and loss; and claim is made therefore. 7 WHEREFORE, Plaintiff William Diberardine demands joint and severable judgment in favor of the Plaintiff and against the Defendants, Brian Rhoades and Derrick Smith. in an amount in excess of the jurisdictional amount requiring compulsory arbitration. Respectfully submitted, & CHERNICOFF, P.C. Dated: August ?j, 2010 By: 1 J Cunningham, Esquire 3144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F.Utome\AHFWIT'F\DOCS\D-F\Diberardine. Michel le\complaint082010-wpd VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. illiam Diberardine Dated: ?&? VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. -S? Dated: - JW' ?- CERTIFICATE OF SERVICE I do hereby state that on the6/day of August 2010, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17044 Counsel for Defendant Brian Rhoades Derrick Smith 1921 Sapphire Lane Aurora, IL 60506 Pro Se Defendant i A4 (a LVHe*itt Legal Assistant ~~~-Q~-rl( ~TAAY dF THE P~'~' ~_;f~, 0115105982.1-B50 LAW OFFICES OF TWANDA TURNER- HAWKINS KENNETH S. O'NEILL, ESQUIRE Identification No. 80015 Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195-1032 Telephone: (610) 398-5499 MICHELLE DIBERARDINE and WILLIAM DIBERARDINE V. BRIAN RHOADES and DERRICK SMITH i0 S~"" --~ PN 3~ 5? ATTORNEY FOR DEFENDn~B~~i.j`~'~~ i.,C~UNTY Brian Rhoades and Derrick S ~~~~ J~p COURT OF COMMON PLEAS OF CUMBERLAND COUNTY N0.2010-4219 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my Appearance on behalf of Derrick Smith in reference to the above- captioned case. / -- KENNETH S. O'NEI ,~F/SQUIRE Attorney for Defendant Derrick Smith 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS r-i r IN THE: COURT OF COMMON PLEA!` CUMBERLAND COUNTY, PENNSYLi41AA = NO. 2010 - 4219 - VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT OF DEFENDANT, BRIAN RHOADES, WITH NEW MATTER Michelle Diberardine v. Brian Rhoades and Derrick Smith Count I - Background 1. Admitted. 2. Admitted in part, denied in part. It is admitted only that Plaintiff, William Diberardine, is an adult individual residing at the listed address. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P. §1029(e). 3. Admitted. 4. Paragraph 4 of Plaintiffs' Complaint is directed to another Defendant as to which no response is required from answering Defendant. S. Denied. Paragraph 5 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P §1029(e). 6. Admitted in part, denied in part. It is admitted only that the Plaintiff, Michelle Diberardine, was operating her vehicle in a westerly direction on Gettysburg Road. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 7. Admitted. 8. Paragraph 8 of Plaintiff's' Complaint is directed to another Defendant as to which no response is required from answering Defendant. WHEREFORE, Defendant, Brian Rhoades, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudiice. Count II - Cause of Action-Negligence 9. Denied. Paragraph 9 of Plaintiffs' Complaiint is generally denied pursuant to Pa. R.C.P. §1029(e). 10. Admitted in part, denied in part. The Defendant, Brian Rhoades, generally admits he was solely negligent in the accident described in Plaintiffs' Complaint. All other allegations deemed factual in nature are generally denied pursuant to Pa. R.C.P 1029(e). 11. Denied, Paragraph 11 of Plaintiffs' Complaint, including subparagraphs 11(1) through 11(k) are generally denied pursuant to Fla. R.C.P. §1029(e) by answering Defendant 12.-17. Denied. Paragraphs 12 through '17 of Plaintiffs' Complaint is generally denied pursuant to Pa. R.C.P. §1029(e) by answering Defendant. WHEREFORE, Defendant:, Brian Rhoades, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Count III - William Diberardine v. Derrick Smith and Brian Rhoades 18. Paragraphs 1 through 17 are incorporated herein by reference, and made a part hereof as if set forth in full. 19.-20. Denied. Paragraphs 19 through 2_0 of Plaintiffs' Complaint are generally denied pursuant to Pa. R.C.P. §1029(e) by answering Defendant. WHEREFORE, Defendant, Brian Rhoades, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. NEW MATTER 21. Paragraphs 1 through 20 are incorporated herein by reference, and made a part hereof as if set forth in full. 22. 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. 3 23. '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. WHE=REFORE, Defendant, Brian Rhoades, respectfully requests your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. Respectfully submitted, LAW ?O-FFICE OF SNYDF-R & DORER t Date: September 16, 2010 By:_- L v Donald R. Dorer, E_`?quire Attorney for Defendant, Brian Rhoades Court I.D. No. 39126 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS vs. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS No. 2010 - 4219 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Brian Rhoades verify that the statements made in the foregoing Answer to Complaint of Defendant, Brian Rhoades, 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: Brian Rhoades 10-013521 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brian Rhoades MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS IN THE: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS No. 2010 - 4219 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that lie is the attorney for the Defendant, Brian Rhoades herein, and that he caused a true and correct copy of the attached Answer to Complaint of Defendant, Brian Rhoades, with New Matter to be served by regular first class mail upon: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street P.O. Box 60,457 Harrisburg, PA 17106-0457 Attorney for Plaintiff, and Kenneth S. O'Neill, Esquire Law Offices of Twanda Turner-Hawkins Iron Run Corporate Center 7535 Windsor Drive Suite 101-I8 Allentown, PA 18195 . Attorney for Defendant, Derlracl Smith Date: September 16, 2010 Donald R. Dorer, Es ' u i r e Attorney for Defendant, Brian Rhoades 10-013521 JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE NO. (717) 238-6570 Attorneys for Plaintiffs MICHELLE DIBERARDINE AND WILLIAM DIBERARDINE, PLAINTIFFS VS. BRIAN RHOADES AND DERRICK SMITH, DEFENDANTS CC ?O-I HONOTAR'`f NJ I MAR Is Ati t l. 02 cuMeER YL?AN A T.'f pEKN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 4219 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. Date: 211? /I/ CUNNINGHAM YCHERNICOFF, P.C. By: Jor . Cunningham, Esquire 2 0 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone No. (717) 238-6570 Attorneys for Plaintiffs Court I.D. 23144 CERTIFICATE OF SERVICE I do hereby state that on the Lq day of March 2011,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Donald R. Dorer, Esquire Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17044 Counsel for Defendant Brian Rhoades Kenneth S. O'Neill, Esquire Law Offices of Twanda Turner-Hawkin Iron Run Corporate Center 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Fax: 610-398-5481 Counsel for Defendant Derrick Smith Legal Assistant