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Home My WebLink About01-1377ROBERT R. HOSTETTER, Plaintiff VS. ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 61 ' ~377 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above-captioned action. Attorney for Plaintiff 61 W. Louther St. Carlisle, PA 17013 R. Mark Thomas Attorney for Plaintiff 101 S. Market St. Mechanicsburg, PA 17055 ROBERT R. HOSTETTER, Plaintiff VS. ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/]'-~? ? CIVIL TERM CIVIL ACTION-LAW WRIT OF SUMMONS TO: Robert R. Hershey 1503 Terrace Avenue Carlisle, PA 17013 You are hereby notified that Robert R. Hostetter has commenced an action against you. Date: SHERIFF'S RETURN - CASE NO: 2001-01377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOSTETTER ROBERT R VS HERSHEY ROBERT R REGULAR CPL. MICPIAEL BARRICK Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS HERSHEY ROBERT R DEFENDANT , at 0010:16 HOURS, at 1503 TERP~ACE AVE CARLISLE, PA 17013 ROBERT R. HERSHEY a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 13th day of March and attested copy of WRIT OP SUMMONS by handing to the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this ~2g~--- day of ~P~othonotary So Answers: R. Thomas K~ine 03/14/2001 STEPHANIE E. CHERTOK, ESQ. Deputy SEeriff F:\FILES\DATAFILE\DONEGAL DOC\179-pre I/jib Created 04/02/01 12:08:37 PM ROBERT R. HOSTETTER, Plaintiff ROBERT R. HERSHEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1377 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant, Robert R. Hershey in the above matter. Issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgement of non pros. MARTSON DEARDORFF WILLIAMS & OTTO By )~ (/~-~ Daniel K. Deardorff, Es~ I.D. # 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant Date: April 2, 2001 RUL~ AND NOW, this ,2,~.~{ day of ~t.~,.37 ,2001, a Rule is issued upon the Plaintiffto file a Complaint within twenty (20) days from service hereof. Prothonotary CERTIFICATE OF SERVICE I, Jody L Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephanie Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 MARTSON DEARDORFF W1LL1AMS & OTTO By Jody~./l~oore Tefft..~st High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 2, 2001 ROBERT R. HOSTETTER, Plaintiff ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1377 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 of 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 (717) 249~3166 ROBERT R. HOSTETTER, Plaintiff ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1377 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, by and through his attorneys, Stephanie E. Chertok and R. Mark Thomas, and hereby file a Complaint against the Defendant as follows: 1. Plaintiff, Robert R. Hostetter, is an adult individual residing at Claremont Hospital and Rehabilitation Center, Claremont Rd., Carlisle, PA 17013. 2. Defendant, Robert R. Hershey, is an adult individual residing at 1503 Terrace Avenue, Carlisle, PA 17013. 3. At all times material to this action, Plaintiff was a pedestrian traveling in a motorized wheelchair. 4. At ail times material to this action, Defendant was operating a 1995 Buick Century owned by Defendant and bearing Pennsylvania registration number AAG9488. 5. On August 4, 2000, at approximately 3:40 p.m., Defendant, was traveling north in the left lane of North Hanover Street. 6. On August 4, 2000, at approximately 3:40 p.m., Plaintiff was crossing in a crosswalk on West North Street in a northerly direction. 7. On August 4, 2000, at approximately 3:40 p.m., Defendant turned left onto West North Street from North Hanover Street and struck Plainfff in the center of the crosswalk. 8. On August 4, 2000, at approximately 3:40 p.m., when struck by the Defendant, the Plaintiff was thrown from his wheelchair and landed on the road, sustaining injuries. 9. There were no adverse weather conditions at the time of the accident. 10. As a direct and proximate result of the negligence of Defendant, Robert R. Hershey, Plaintiff, Robert R. Hostetter, has suffered serious bodily injury as set forth in full hereinafter. COUNT 1 HOSTETTER v. HERSHEY 11. Plaintiff hereby incorporates and makes a part of this Count paragraphs 1 through 10 of this Complaint as if fully set forth herein. 12. The occurrence of the aforesaid accident and the injuries to Plaintiffresulting therefrom were caused directly and proximately by the negligence of the Defendant generally and more specifically as set forth below; a. failing to apply the brakes in time to avoid a collision with Plaintiff; b. failing to have the vehicle under proper and adequate control; c. failing to observe the Plaintiff on the highway; d. failing to keep a reasonable lookout for pedestrians lawfully on the road; e. failing to yield the right-of-way to a pedestrian already upon the highway; f. operating a vehicle into and against the Plaintiff; and g. operating a vehicle in a careless and reckless manner without due regard for the rights and safety of those lawfully upon the road. 13. As the result of the negligence of Defendant, Plaintiff sustained injuries which resulted in his admission to Carlisle Hospital on August 4, 2000, for treatment for the following: a. aggravation of preexisting injuries to the left hip; b. aggravation of preexisting injuries to the left shoulder and neck; e. pain in the right hip; d. inability to tend to personal needs, including: i. inability to transfer himself in and out of his wheelchair; ii. inability to catheterize himself to empty his bladder; iii. inability to wash himself; iv. inability to prepare his own meals and feed himself; and v. inability to walk using prosthetic legs. e. stroke (cerebral vascular accident) which caused weakness, paralysis and an inability to use Plaintiff's right arm and hand; f. stroke which caused paralysis of esophagus so that Plaintiff cannot swallow and is unable to take food or liquid by mouth; and g. necessity of feeding tube that was surgically inserted into Plaintiff's stomach for instillation of all fluids and nourishment for his body. 14. As a result of the negligence of Defendant, Plaintiff has been and probably will in the future be hindered from attending to his usual occupation and dally duties, to his great detriment, loss, humiliation and embarrassment. 15. As a result of the negligence of Defendant, Plaintiff has suffered a loss of life's pleasures and will continue to suffer the same in the future to his great detriment and loss. 16. As a result of the negligence of Defendant, Plaintiff has undergone great physical pain, discomfort and mental anguish, and he will continue to endure the same for an inde£~nite period of time in the future, causing him great physical, emotional, and financial detriment and loss. 17. As a result of the negligence of the Defendant, Plaintiff has incurred and continues to incur past and future medical expenses to his great detriment and loss. 18. Plaintiff believes, and therefore avers, that his injuries are permanent in nature and that he has suffered and continues to suffer from the following: a. frequent hospitalization; b. strokes; c. constant physical pain and anguish; d. constant mental pain and anguish; e. inability to tend to personal needs; f. inability to eat or drink anything; and g. inability to move about with his wheelchair or on his prosthetic legs. 19. Plaintiff also requires, due to his permanent injuries, continual twenty-four hour care in a nursing home. WItEREI~ORE, Plaintiff, Robert R. Hostetter, seeks damages from Defendant, Robert R. Hershey, in an amount in excess of Twenty-Thousand Dollars ($20,000.00), and demands a trial by jury. Respectfully submitted, Co Counsel for the Plmnt~ff ID No. 52651 61 W. Louther St. Carlisle, PA 17013 R. Mark Thomas Co-Counsel for the Plaintiffs ID No. 41301 101 S. Market St. Mechanicsburg, PA 17055 ROBERT R. HOSTETTER, Plaintiff Vo ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 01-1377 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, co-counsel for the Plaintiff, does hereby certify that a copy of the Complaint was served this ~[:~ day of /~XD ,2001, by first-class, U.S. mail upon those listed below: Daniel K. Deardorf, Esq. (Attorney for Defendant) 10 E. High St. Carlisle, PA 17013 Stepl~anie E. Chertok, Esq. Co-Counsel for Plaintiffs VERIFICATION I, Robert R. Hostetter, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. Robert F:\FILES~DAT A FI LEkOONEGA L DOCM 79-~qs/fib Created: 04/19/01 01:30:00 PM Revise~ 04/27/01 09:4935 AM ROBERT R. HOSTETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1377 CiVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER Robert R. Hostetter, Plaintiff, and his attorney, STEPHANIE E. CHERTOK, ESQUIRE ROBERT R. HERSHEY, Defendant TO: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes the Defendant Robert R. Hershey, by and through his attorneys, MARTSON, DEARDORFF, WILLIAM & OTTO, and hereby files the following Answer with New Matter. 1-2. Admitted. 3-19. Denied. Generally pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant demands judgment in his favor against the Plaintiff. NEW MATTER 20. Plaintiff, at the time of the accident, was crossing West North Street while the pedestrian control signal was indicating "don't walk." 21. By his actions, Plaintiffwas comparatively negligent and assumed the risk of injury. 22. By his actions, Plaintiff violated state law and local ordinances which prohibit pedestrians from crossing a street when a pedestrian control signal indicates "don't walk." 23. Plaintiff is not entitled to plead, prove or recover damages covered by the Pennsylvania Motor Vehicle Responsibility Act. WHEREFORE, Defendant demands judgment in his favor against Plaintiff. MARTSON DEARDOREF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: April ]o, 2001 Attorneys for Defendant CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephanie Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BYJody L~o~ee ~t,c/5/ Ten E~e'F~igh Street Carlisle, PA 17013 (717) 243-3341 Dated: April~o, 2001 EUGENE R. HOSTETTER, INDIVIDUALLY : AND AS ADMIN. OF THE ESTATE OF : ROBERT R. HOSTETTER, DECEASED, : Plaintiff : : v. : NO. 01-1377 : ROBERT R. HERSHEY, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW JURY TRIAL DEMANDED SUBSTITUTION OF SUCCESSOR UNDER PA R.C.P. 2352 Pursuant to PA R.C.P. 2352, Eugene R. Hostetter, Administrator of the Estate of Robert R. Hostetter, has succeeded to the interest of Robert R. Hostetter, deceased, to the above- captioned action. Eugene R. Hostetter's right to substitution is based on the fact that he has been named as Executor of the Estate of Robert R. Hostetter. BY:/Ste~hanie E. Chertok, Esq. J Attorney for Plaintiff Supreme Court ID - 52651 61 W. Louther St. Carlisle, PA 17013 R. Mark Thomas, Esq. Attorney for Plaintiff Supreme Court ID - 41301 101 S. Market St. Mechanicsburg, PA 17055 EUGENE R. HOSTETTER, INDIVIDUALLY AND AS Al)MIN. OF THE ESTATE OF ROBERT R. HOSTETTER, DECEASED, Plaintiff ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1377 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, attorney for Eugene R. Hostetter, does hereby certify that a copy of the Plaintiff's Substitution of Successor Under PA R.C.P. 2352, was mailed this dayof (,,fLfY~_ ,2001, by first-class U.S. Mail, postage prepaid, upon those listed below: Daniel K. Deardorf, Esq. (Attorney for Defendant) 10 E. High St. Carlisle, PA 17013 /gI'ephbhie E. Chertok, Esq. EUGENE R. HOSTETTER, INDIVIDUALLY AND AS ADMIN. OF OF THE ESTATE OF ROBERT R. HOSTETTER, DECEASED, Plaintiff ROBERT R. HERSHEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1377 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answers to Plaintiff's Interrogatories was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013 R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 MARTSON DEARDORFF WILLIAMS & OTTO BYAmi J. Thurn~a Ten East Higl5 Street Carlisle, PA 17013 (717) 243~334l Dated: August 13, 2001 EUGENE R. HOSTETTER, INDIVIDUALLY AND AS ADMIN. OF THE ESTATE OF : ROBERT R. HOSTETTER, DECEASED,: NO. 01-1377 CIVIL TERM Plaintiff : ROBERT R. HERSHEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case as settled, discontinued and at end since the parties have reached an amicable resolution to this matter. Respectfully submitted, R. Mark Thomas, Esquire ID# 41301 101 S. Market Street Mechanicsburg, PA 17055 (717) 796-2100