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Home My WebLink About11-6347SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor U THE PR 3TNONOT`AR"( 1011 AVG 22 AM 8-- 4- C CUMBERLAND COUNTY PENNSYLVANIA Tina Smith vs. Barry Hoffman Case Number 2011-6347 SHERIFF'S RETURN OF SERVICE 08/16/2011 07:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 16, 2011 at 1920 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Barry Hoffman, by making known unto himself personally, at 51 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 August 17, 2011 ROBE T BITNER, DEP SO ANSWERS, RON R ANDERSON, SHERIFF jc wntySuite Shen`f. Te'eos:at. Inc. OWENS, BARCAVAGE AND MCINROY, LLC BY: Bart W. Holmes, Esquire Attorney I.D. No. 85071 2595 Interstate Drive " r. r. ca C7,i cn Harrisburg, PA 17110 } (717) 909-2500 Attorneys for Defendant Barry Hoffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TINA SMITH, Plaintiff V. BARRY HOFFMAN, Defendant CASE NO.: 11-6347 JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE OF ATTORNEY TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter the appearance of Bart W. Holmes, Esquire, and the law firm of Owens Barcavage & McInroy, LLC, on behalf of Defendant Barry Hoffman. OWENS BARCAVAGE & MCINROY, LLC April 13, 2012 Bart W. Holmes, Esquire PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 Attorneys for Defendant Barry Hoffman ??r CERTIFICATE OF SERVICE AND NOW, this 13th day of April, 2012, I, Bart W. Holmes, Esquire hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Bart W. Holmes, Esqui f 'ri OWENS, BARCAVAGE AND MCINROY, LLC - , BY: Bart W. Holmes, Esquire ...t . cr Attorney I.D. No. 85071 9 2595 Interstate Drive -r Harrisburg, PA 17110 rn (717) 909-2500 Attorneys for Defendant Barry Hoffman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TINA SMITH, Plaintiff V. BARRY HOFFMAN, Defendant . CASE NO.: 11-6347 JURY TRIAL DEMANDED PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly Issue rule upon Plaintiff Tina Smith to file a Complaint against Defendant Barry Hoffman, in the above case with twenty (20) days after service of the rule or the Prothonotary/Clerk, upon praecipe, shall enter a judgment of non pros. OWENS BARCAVAGE & McINROY, LLC April 13, 2012 iL?'rA? --J Bart W. Holmes, Esqui PA ID No.: 85071 2595 Interstate Drive Harrisburg, PA 17110 Attorneys for Defendant Barry Hoffman CERTIFICATE OF SERVICE AND NOW, this 13th day of April, 2012, I, Bart W. Holmes, Esquire hereby certify that I have this date served a copy of the foregoing document pursuant to Pa.R.C.P. 1012, by United States Mail, postage prepaid, addressed to the party or attorney of record as follows: Francis J. Lafferty, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Bart W. Holmes, Esqu re NOW, 14 .0 RULE ISSUED AS ABOVE. .1 Prothonotary/Clerk, Civil Division Jay. Deputy METZGER, WICKERSHAM, P.C. By: Amy E. Bauccio, Esquire Attorney I.D. No. 307216 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 0 TJSI1 cNNSYLVANIA Attorneys for Plaintiff Tina Smith TINA SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 11-6347 CIVIL ACTION - LAW BARRY HOFFMAN, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND To: Defendant, Barry Hoffman c/o Bart W. Holmes, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 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 Plaintiffs. 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 (800) 990-9108 493929-1 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 493929-1 METZGER, WICKERSHAM, P.C. By: Amy E. Bauccio, Esquire Attorney I.D. No. 307216 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs Tina Smith TINA SMITH, Plaintiff vs. BARRY HOFFMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-6347 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiff, Tina Smith, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represent the following: 1. Plaintiff, Tina Smith, is an adult individual residing at 102 Parsonage Street, Newville, Cumberland County, Pennsylvania, 17241. 2. At the time of the accident, Plaintiff, Tina Smith, was residing at 10 Pennsylvania Avenue, Apartment 3, Newville, Pennsylvania, 17241. 3. Defendant, Barry Hoffman, is an adult individual with a last known address of 51 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania, 17015. 4. The facts and circumstances hereinafter set forth occurred on August 26, 2009, at approximately 5:07 p.m. on or near State Route 641/Carlisle Road, West Pennsboro Township, Cumberland County, Pennsylvania. 493929-1 5. At the aforesaid time and place, Plaintiff, Tina Smith, was the operator of a 1996 Jeep Grand Cherokee, bearing Pennsylvania License Plate No. EJB8916, owned by Jeffrey Souders. 6. At the aforesaid time and place, Defendant, Barry Hoffman, was the owner and operator of a 1992 Ford F150 bearing Pennsylvania License Plate No. YKK4367. 7. At the aforesaid time and place, Plaintiff, Tina Smith, was traveling eastbound on State Route 641 /Carlisle Road and was stopped for a vehicle turning in front of her. 8. At the aforesaid time and place, Defendant, Barry Hoffman, was also traveling eastbound on State Route 641 /Carlisle Road, behind the vehicle being operated by Plaintiff. 9. At the aforesaid time and date, Defendant, Barry Hoffman, failed to stop the vehicle he was operating and struck the rear of the vehicle being operated by Plaintiff. 10. Because of the careless actions of the Defendant, Barry Hoffman, a violent collision occurred between the two vehicles. 11. Defendant owed a duty to Plaintiff, Tina Smith, and other lawful users of the roadways in the Commonwealth of Pennsylvania to operate the vehicle he was driving in such a way as not to cause harm or damage to said other persons and to the Plaintiff in particular. 12. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, Barry Hoffman, in operating his vehicle in a careless and negligent manner as follows: (a) Failing to observe Plaintiff's vehicle on the roadway; (b) Following too closely to Plaintiffs vehicle in violation of 75 Pa.C.S.A. §3310 and applicable law; (c) Failing to slow or stop the vehicle he was operating so as to avoid a rear-end collision; 493929-1 (d) Failing to maintain and stop the vehicle he was operating within the assured clear distance ahead in violation of 75 Pa.C.S.A. §3361 and applicable law; (e) Failing to apply the brakes to the vehicle he 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 he was operating in order to avoid a collision; (g) Failing to give warning to Plaintiff of his impending collision with her vehicle; (h) Moving his vehicle when not safe to do so in violation of 75 Pa. C.S.A. §3333 and applicable law; (i) Operating his 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 his vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; (k) Operating his 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 his eyes on the roadway; and 493929-1 (t) Otherwise operating his vehicle at an unsafe speed and in a careless and negligent manner. 13. As a direct and proximate result of the collision and the negligent and careless conduct of Defendant, Barry Hoffman, Plaintiff, Tina Smith, 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. Cervicalgia; c. Back pain/injury; d. Spinal stenosis; e. Left shoulder pain/injury; f. Head pain/injury; g. Buttock pain/injury; h. Right leg pain/injury; i. Muscle spasms; j. Multiple contusions/abrasions; k. Coccyx pain/injury. 14. As a direct and proximate result of the aforesaid. collision, negligence and carelessness of Defendant, Barry Hoffman, Plaintiff, Tina Smith, 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. 15. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Barry Hoffman, Plaintiff, Tina Smith, has and/or may in the future incur expenses for medical treatment, surgery and rehabilitation for which damages are claimed. 493929-1 16. As a direct and proximate result of the aforesaid collision and the negligence and carelessness of Defendant, Barry Hoffman, Plaintiff, Tina Smith, 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. 17. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Barry Hoffman, Plaintiff, Tina Smith, 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. 18. As a direct and proximate result of the aforesaid collision, negligence and carelessness of Defendant, Barry Hoffman, Plaintiff, Tina Smith, has sustained or in the future may sustain scarring and disfigurement for which damages are claimed. 19. Plaintiff, Tina Smith, was the insured on a policy of insurance issued by State Farm Insurance bearing policy number 824314-D29-38D which was in effect on the date of the above-referenced collision. Plaintiff selected the full tort option regarding that policy. Therefore, Plaintiff, Tina Smith, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, Tina Smith, demands judgment in her favor and against the Defendant, Barry Hoffman, 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. 493929-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: SZo%2 By: Amy . Bauccio, squire Attorney I.D. No. 307216 Zachary D. Campbell, Esquire Attorney I.D. No. 93199 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 493929-1 VERIFICATION I, Tina Smith, 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 unsworn falsification to authorities. Dated: Tina Smith 493929-1 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 Plaintiff s Complaint with reference to 14 the foregoing action by first clash mail, postage prepaid, this day of Af , 2012 on the following: Defendant, Barry Hoffman c/o Bart W. Holmes, Esquire Owens, Barcavage & M?Inroy, LLC 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ary . Campbell, Esquire 493929-1 METZGER, WICKERSHAM, P.C. By: Amy E. Bauccio, Esquire Attorney I.D. No. 307216 Zachary D. Campbell, Esquire Attorney I.D. No. 93177 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 THO TARY N121W 23 PH 1.03 rUTVIBERLAND COUNTY Attorney for Plaintiffs Tina Smith TINA SMITH, IN THE COURT OF COMMON 'PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 11-6347 CIVIL ACTION - LAW BARRY HOFFMAN, Defendants JURY TRIAL DEMANDED PRAECIPE TO° SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended. METZGER, WICKERSHAM, KNAUSS' & ERB, P.C. By Zac D. Campbell, Esquire I.D. No. 97133 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 /2 /20M (717) 238-8187. Date: ?? _' Attorneys for Plaintiff 496301-1 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 a Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this -L?day of May, 2012, on the following: Defendant, Barry Hoffman c/o Bart W. Holmes, Esquire Owens, Barcavage & McInroy, LLC 2595 Interstate Drive, Ste. 101 Harrisburg, PA 17110 Yvonne Smith Allstate Insurance Companies 309 Lakeside Drive Suite 100 Horsham, PA 19044 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ary D. Campbell, Esquire 496301-1