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HomeMy WebLinkAbout11-6133SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff (i'lLED-u1 t-j? 4t1?, ?i l Ittl!(irr f 3k,'.-, ,ar'? ` : Jody S Smith t?E? t 1 ?;'t t r. Chief Deputy AUG 15 A W ' Richard W Stewart Solicitor fi UM RL A h PENNSYLVAiflilt, Christine M. Myers i vs. Amy L. Brophy Case Number 2011-6133 SHERIFF'S RETURN OF SERVICE 08/04/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Amy L. Brophy, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Penn y vania o serve the within Writ of Summons according to law. 08/09 09:14 AM - Dauphin County Return: And now August 9, 2011 at 0914 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Amy L. Brophy by making known unto herself personally, at 207 Cherrington Drive, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Amy L. Brophy, but was un to locate her in his bailiwick. He therefore returns the within Writ of Summons as not foun as to the defendant Amy L. Brophy. Request for service at 201 Stonehedge Drive, Carlisle, Pennsylvania 17015 the Defendant was not found. Amy L. Brophy currently resides at 207 Cherrington Drive, Harrisburg, Pennsylvania 17110. SHERIFF COST: $64.00 SO ANSWERS, August 11, 2011 x RON R ANDERSON, SHERIFF ic; Coun`:VSuite S^erfi. ie.^sofl, in;:. 0 METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire I.D. No. 931.77 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorney for Plaintiff Christine M. Myers CHRISTINE M. MYERS, Plaintiffs VS. AMY L. BROPHY, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant, Amy Brophy c/o Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 c _ .? - ??y N -t - -- <© -a C 3 -n =C: 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6133 CIVIL ACTION - LAW Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 481591-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 481591-1 METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 CHRISTINE M. MYERS, Plaintiffs VS. AMY L. BROPHY, Defendants Attorney for Plaintiff Christine M. Myers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6133 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Christine M. Myers, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Christine M. Myers, is an adult individual residing at 1088 Bent Creek Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Amy L. Brophy, is an adult individual who resides at 207 Cherrington Drive, Harrisburg, Dauphin County, Pennsylvania, 17110. 3. The facts and circumstances hereinafter set forth occurred on August 17, 2009, at approximately 4:31 p.m. at or near the 399 block of Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Christine M. Myers, was the owner and operator of a 2004 Chevrolet Blazer, bearing Pennsylvania License Plate No. FVL9425. 481591-1 5. At the aforesaid time and place, Defendant, Amy Brophy, was the operator of a 2004 Toyota Corolla bearing Pennsylvania License Plate No. DMD9177, owned by Charles Brophy. 6. At the aforesaid time and place, Plaintiff, Christine M. Myers, was traveling westbound on Market Street and was stopped at a red light at or near the 3900 block of Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant, Amy Brophy, was also traveling westbound on Market Street, behind the vehicle being operated by Plaintiff. 8. At the aforesaid time and date, Defendant, Amy Brophy, failed to stop the vehicle she was operating and struck the rear of the vehicle being operated by Plaintiff. 9. Defendant, Amy Brophy, owed a duty to Plaintiff, Christine M. Myers, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff, Christine M. Myers, in particular. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Amy Brophy, in operating her vehicle in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; (b) Following too closely to Plaintiff's vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle she was operating so as to avoid a rear-end collision; (d) Failing to maintain and stop the vehicle she was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; 481591-1 (e) Failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid the collision with the rear of Plaintiff's vehicle; (f) Failing to maintain adequate control of the vehicle she was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of her impending collision with her vehicle; (h) Moving her vehicle when not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; (i) Operating her vehicle in careless disregard for the safety of persons and/or property in violation of 75 Pa.C.S.A. §3714(A) and applicable law; (j) Failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (k) Operating her vehicle too fast for the conditions existing at the aforesaid time and place in violation of 75 Pa.C.S.A. §3361 and applicable law; (1) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; (m) Exceeding the applicable maximum speed limit in violation of 75 Pa.C.S.A. §3362 and applicable law; (n) In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway; (o) Failing to maintain a safe following distance; (p) Failing to observe stopped traffic; (q) Rearending Plaintiff's vehicle; (r) Failing to stay alert to traffic; (s) Failing to keep her eyes on the roadway; and (t) Otherwise operating her vehicle at an unsafe speed and in a careless and negligent manner. 481591-1 11. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, sustained and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation of pre-existing conditions, and which include, but are not limited to, the following: a. Neck pain/injury; b. Back pain/injury; c. Numbness/tingling into hands, bilaterally; d. Numbness/tingling into legs, bilaterally; e. Left shoulder pain/injury; f. Pelvic pain/injury. 12. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, has undergone and in the future will undergo physical pain, mental anguish, discomfort, inconvenience, distress, embarrassment and humiliation, past, present and future loss of her ability to enjoy the pleasures of life and limitations in her pursuit of daily activities all to her great loss and detriment. 13. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 14. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, sustained incidental costs and losses to include, but not limited to, past and future medication costs and medical appliances, and travel to and from medical appointments for which damages are claimed. 481591-1 15. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, has and/or may in the future incur a loss of wages, a loss of earning capacity, loss of household services and other economic damages for which damages are claimed. 16. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Amy Brophy, Plaintiff, Christine M. Myers, has been scarred and disfigured. WHEREFORE, Plaintiff, Christine M. Myers, demands judgment in her favor and against the Defendant, Amy Brophy, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for prosecution. Date: 11/2./ , 2011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By D. Campbell, Esquire I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 481591-1 VERIFICATION I, Christine M. Myers, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is 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 content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: ???j/ / / Christine M. Myers 481591-1 CERTIFICATE OF SERVICE 1, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Complaint with reference to the foregoing action by first class mail, postage prepaid, this Ll f day of Ak kl , 2011 on the following: Defendant, Amy Brophy c/o Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: y D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 (717) 234-9478 (fax) Attorneys for Plaintiff 481591-1 . » t'ILED`'aF'ICI OF THE PROTHONOTAR`(' 2011 DEC 2 9 AM 11: 51 METZGER, WICKERSHAM, P.C. By: Zachary D. Campbell, Esquire CUMBERLAND COUNTY I.D. No. 93177 PENNSYLVANIA 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiff (717)238-8187 Christine M. Myers CHRISTINE M. MYERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 11-6133 CIVIL ACTION - LAW AMY L. BROPHY, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER 17. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, it is specifically denied that Defendant is entitled to reserve the right to supplement this New Matter based on any additional information revealed during the course of discovery in this litigation. Defendant is bound by the Pennsylvania Rules of Civil Procedure and the applicable local rules of civil procedure and is deemed to have waived any defenses and/or affirmations not made in Defendant's Answer with New Matter. 18. The averments contained in paragraph 18 of Defendant's New Matter are denied as conclusions of law to which no reply is required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, the Defendant has failed to identify the defenses allegedly available to her pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law and, as a result, Plaintiff cannot more 485336-1 specifically reply to Paragraph 18 of Defendant's New Matter. By way of further reply, Plaintiff is not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law and Defendant is not provided any defenses to any of the claims raised in Plaintiff's Complaint which is incorporated herein by reference. Strict proof of the same is demanded. 19. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defendant has not identified any prior accident, occurrence, illness, condition, injury or event which caused or contributed to Plaintiff's injuries and damages and Plaintiff cannot more specifically reply. 20. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, Answering Defendant was negligent and her negligence was a substantial factor or factual cause in the happening of the accident. 21. Conclusions of law, no reply required. If a reply is required, the averments are specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of further reply, Answering Defendant was negligent and her negligence was a substantial factor or factual cause in the happening of the accident and Plaintiff, Christine Myers' injuries as set forth in the Complaint filed in this action which is incorporated herein by reference. WHEREFORE, Plaintiff, Christine Myers, respectfully request that Defendant, Amy Brophy's, New Matter be dismissed and that judgment be entered in her favor and against Defendant as requested in the Complaint filed in this action. 485336-1 7 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ;(acha'h . Campbell, Esquire A y I.D. No. 93177 3211 North Front Street Harrisburg, PA 17110 Dated: (717) 238-8187 (717) 234-9478 (fax) Attorneys for Plaintiffs !2 2 g Za?l 485336-1 VERIFICATION I, Christine Myers, hereby certify that the following is correct: The facts set forth in the foregoing Reply to New Matter are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Reply to New Matter is that of counsel and not my own. I have read the Reply to New Matter, and to the extent that it is 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 content of the Reply to New Matter is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: i°1Iy ldo( 1 A4d?Ov Christine Myers 485336-1 CERTIFICATE OF SERVICE I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Reply to Defendant's Answer And New Matter with reference to the foregoing action by first class mail, postage prepaid, this1, ay of r G , 20/? , on the following: Defendant, Amy Brophy c/o Daniel K. Deardorff, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 achary D. Campbell, Esquire 485336-1