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HomeMy WebLinkAbout10-4367SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICitOr ~ou~tit~ cC ~rci~rbrrJ;;r~A _~ ., r~~ ~ t ~" ~~,y C';~FSC£ is-` ~M~ >~ERIr F Fl~i=i` `C TEr i Z~C?Y 2010 J;~~. -$ ~t`i 2~ G6 ~~- ,_ ~-K`~"~~p .~t~~ Brian White vs. Case Number Amy Devins 2010-4367 SHERIFF'S RETURN OF SERVICE 07/07/2010 08:20 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2010 at 2020 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Amy Devins, by making known unto herself personally, at 90 Salem Church Road, Lot 516, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 July 08, 2010 (c~ GountySuite Shenft. Teleosoft. Inc- AM NDA COBAUGH, DE SO ANSWERS, :.. ~~^,~ RON R ANDERSON, SHERIFF AUU 24 AM t0? 2b d??,.NraG COLM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN WHITE, Plaintiff, NO. 10-4367 V. PRAECIPE FOR RULE TO FILE COMPLAINT AMY DEVINS, Defendant. (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 #18055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN WHITE, Plaintiff, NO. 10-4367 V. AMY DEVINS, Defendant. (Jury Trial Demanded) PRAECIPE FOR RULE TO FILE COMPLAINT TO: The Prothonotary Kindly rule the Plaintiff, Brian White, to file a Complaint in Civil Action within twenty (20) days. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: KOvin D. Rauch( Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th day of August, 2010 Thomas Ollason, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17104 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: vin `9AJucIj, Esquire unsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN WHITE, Plaintiff, NO. 10-4367 v. AMY DEVINS, Defendant. (Jury Trial Demanded) RULE AND NOW, this a+* day of 2010, upon consideration of Defendant's Praecipe for Rule to File a Complaint, a Rule is hereby granted upon Plaintiff to file a Complaint within twenty (20) days of service, or suffer judgment Non Pros. Rule issued this day of '2010. ,I a C/ Pro honotary ;?? p7,ARY 10 "'J'G 24 AM 10' 26 ,LAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN WHITE, Plaintiff, NO. 10-4367 V. PRAECIPE FOR APPEARANCE AMY DEVINS, (Jury Trial Demanded) Defendant. 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 #18055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN WHITE, Plaintiff, CIVIL DIVISION NO. 10-4367 V. (Jury Trial Demanded) AMY DEVINS, Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., on behalf of the Defendant, Amy Devins, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL-P.C. A By: n D. Rauch, Esquire ,isel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 20th day of August, 2010 Thomas Ollason, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17104 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. By: in-D. Refuch, Esquire nsel for Defendants r - _ T}t: t p l?I C f Brian White Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Amy Devins Defendant No. 10-4367 : Civil Term NOTICE TO DEFEND 20 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN WHITE Plaintiff VS. AMY DEVINS Defendant CIVIL ACTION - LAW NO: 10-4367 JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the plaintiff, Brian White, by and through his counsel, Lavery, Faherty, Young & Patterson, P.C., and files this civil complaint against defendant Amy Devins and in support thereof, avers as follows: 1. Plaintiff Brian White (hereinafter, the "Plaintiff') is an adult individual who resides at 426 Clover Road, in Etters, York County, Pennsylvania 17319. 2. Defendant Amy Devins is an adult individual who resides at 90 Salem Church Road, L516, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about July 2, 2008, at approximately 1:10 p.m., at the intersection of Silver Spring Square and Carlisle Pike, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Plaintiff Brian White was the owner and operator of a 2007 Chevrolet Cobalt (hereinafter "Chevy") traveling on Silver Spring Square. 5. Defendant Amy Devins, at the aforementioned time and place was the owner and operator of a 1998 Dodge Durango bearing license plate number GKW3072. 6. The intersection of Carlisle Pike and Silver Spring Square is controlled by a traffic signal. 7. After being stopped at the intersection of Silver Spring Square and Carlisle Pike, Plaintiff, Brian White, observed the left turn signal for his lane of traffic and began to execute his left turn onto northbound Carlisle Pike when suddenly and without warning he was violently struck by the vehicle operated by Defendant Amy Devins. 8. At the aforementioned time and place, Defendant Amy Devins, traveling south on Carlisle Pike, allowed the vehicle she was operating to run the red light controlling her lane of travel and strike the vehicle operated by Plaintiff. 9. Amy Devins failed to stop at the intersection of Carlisle Pike and Silver Spring Square prior to entering the intersection and violently and without warning struck the vehicle being driven by Plaintiff. 10. The subject crash occurred as a sole result of the negligence of the Defendant and was due in no part to any act or omission by the Plaintiff. COUNTI BRIAN WHITE vs. AMY DEVINS 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Defendant Amy Devins was negligent, reckless and careless in her operation of the vehicle involved in the crash in that she: a. failed to stop at the traffic signal at the Intersection in violation of 75 Pa. C.S. § 3111(a); b. was traveling in excess of the posted speed limit; C. failed to keep her vehicle under control; d. failed to keep her vehicle within the proper lane of travel; e. failed to pay attention; 2 f. caused or allowed her vehicle to strike Plaintiff's vehicle while it was within its proper lane of travel; g. failed to operate her vehicle at a speed which would have allowed her to avoid the accident; h. failed to operate her vehicle at a speed which would have allowed her to come to a stop without striking the Plaintiff's vehicle; i. operated the Durango upon the highway in a manner endangering persons and property, and in a reckless manner with careless disregard for the rights and safety of others, and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania; j. Otherwise failed to operate her vehicle in compliance with the Pennsylvania Vehicle Code. 13. Defendant Devins' negligence, carelessness and recklessness caused the crash. 14. The accident and injuries to Brian White, as described herein, were directly and proximately caused by the careless, reckless, willful, wanton, dangerous, and negligent operation of the Durango vehicle by Amy Devins. 15. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, sustained serious personal injuries including, but not limited to, cervical spine sprain/strain, shoulder sprain/strain, headaches. 16. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, was hindered from performing his usual activities of daily living to his great loss and detriment. 17. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, was unable to perform his usual activities at his place of employment. 18. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, has suffered great physical pain, discomfort and mental anguish and will 3 continue to endure the same for an unidentified period of time in the future to his great physical and emotional detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, has suffered a loss of life's pleasures to his great detriment and loss. 20. As a direct and proximate result of the negligence of Defendant, Amy Devins, the Plaintiff, Brian White, has been compelled, and may in the future be compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to his great detriment and loss. 21. As a direct and proximate result of Defendant's actions Plaintiff has and continues to suffer losses of income, of earnings, potential income and benefits, and diminution of earning capacity. 22. Further, as a direct result of the motor vehicle accident caused by Defendant's negligence, Plaintiff suffered the loss of a promotion resulting in a partial loss of earning capacity. WHEREFORE, Plaintiff, Brian White, seeks damages from the Defendant, Amy Devins, in an amount in excess of the compulsory arbitration limit of Cumberland County, exclusive of interest and costs, and demand a trial by jury. Resp Young & Patterson, P.C. Date: t n, i Z- t© 1 [rIVX !`" Tho as Ollason Att . No: 61039 225 Market Street, Suite 304 PO Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 tollason cillaverylaw.com Attorney for Plaintiff 4 CERTIFICATE OF SERVICE I, Cheryl A. Richard, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 12th day of October, 2010, I served a true and correct copy of the foregoing Complaint via U.S. First Class mail, postage prepaid, addressed as follows: Cumberland County Courthouse ATTN: Prothonotary One Courthouse Square Carlisle, PA 17013-3387 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie and Skeel, P.C. 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 U ` Cheryl A. ichard, Legal Assistant to Thomas Ollason, Esquire 5 '" V'ERIFIGATIC)N The undersigned hereby verifies that the facts set forth in the foregoing Complaint 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 Complaint is that of counsel and not my own. I have read the Complaint and to the extent that the Complaint are 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 Complaint is that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 0 B` _,Cf Brian White r FILED-OFFICE OF THE PROTHONOTARY 20!0 NOV 22 PM 12: 44 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BRIAN WHITE, Plaintiff, NO. 10-4367 V. STIPULATION AMY DEVINS, (Jury Trial Demanded) Defendant. 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 #18055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN WHITE, Plaintiff, V. AMY DEVINS, Defendant. CIVIL DIVISION NO. 10-4367 (Jury Trial Demanded) STIPULATION AND NOW, comes the Defendant, Amy Devins, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch, Esquire and files the following Stipulation: The undersigned parties hereby Stipulate and agree that the language of "reckless, willful, wanton," set forth in paragraph 14 of the Complaint, is hereby stricken. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, PA By: By: D. Ra ch, Esquire -el fch ?efendant Thus tOTlason, Esquire Co nsel for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Stipulation has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 19"' day of November, 2010 Thomas Ollason, Esquire 225 Market Street, Suite 304 Harrisburg, PA 17104 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, P.C. j By: 1111AA vin. Ra ch, Esquire ounsel for Defendant ' _?ryry(ri'g?EHT f-L, I lAii 2011 FEB - 6 x';; 910: U A,`, D C0Ur? `t 5 Y C.1?'r? P? I,? Thomas Ollason, Esquire Counsel for Plaintiff Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 - telephone (717) 233-7003 - facsimile tollason@laverylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brian White, Plaintiff, : No.: 10-4367 V. Amy Devins, Defendant. JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes, the Plaintiff, Brian White, by and through his counsel, Lavery, Faherty, Young & Patterson, P.C., and Thomas Ollason, Esquire, and hereby files the following Reply to New Matter and in support thereof, avers as follows: 1. The averments contained in paragraph 23 of Defendant's New Matter contain conclusions of law to which no response is required. To the extent that a response is deemed to be required, the same are denied generally pursuant to Pa. R.C.P. 1029(d) and (e) and strict proof is demanded. 2. The averments contained in paragraph 24 of Defendant's New Matter constitute conclusions of law to which no response is required. To the extent that a response is deemed to be J required, the same are denied generally pursuant to Pa. R.C.P. 1029(d) and (e) and strict proof is demanded. 3. The averments contained in paragraph 25 of Defendant's New Matter contain conclusions of law to which no response is required. To the extent that a response is deemed to be required, the same are denied generally pursuant to Pa. R.C.P. 1029(d) and (e) and strict proof is demanded. 4. The averments contained in paragraph 26 of Defendant's New Matter contain conclusions of law to which no response is required. To the extent that a response is deemed to be required, the same are denied generally pursuant to Pa. R.C.P. 1.029(d) and (e) and strict proof is demanded. WHEREFORE, Plaintiff, Brian White, respectfully requests this Honorable Court enter judgment in his favor and against the Defendant, Amy Devins, together with costs, attorney's fees and any and all other relief this Court deems just and appropriate. Respectfully submitted, Lavery, Faherty, You4g & Patterson, P.C. By: DATE: • 3 ?' tk T oihas Ollason, Esquire 215 Market Street, Suite 304 P . Box 1245 rrisburg, PA 17108-1245 17) 233-6633 (telephone) 17) 233-7003 (facsimile) Atty No. PA61039 tollason@laverylaw.com Attys for Plaintiff 2 . • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Brian White, Plaintiff, : No.: 10-4367 V. = Amy Devins, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 31St day of January, 2011, I served a true and correct copy of the foregoing Plaintiff's Reply to New Matter via U.S. First Class mail, postage prepaid, addressed as follows: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterline Parkway, Suite 306 Mechanicsburg, PA 17050 Counsel for Defendant to Thomas Ollason, Esquire 3 Brian White, Plaintiff VS Amy Devins, Defendant To the Court: Case No. 1 0-4 367 STATEMENT OF INTENTION TO PROCEED Brian white, Plaintiff 11) rn —17.7 1.1%) C.,) intends to proceed with the above captioned matter. Print Name Thomas 011ason Sign Name Date: Attorney for Plaintiff, Brian White IMPORTANT NOTE In the, event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.