The URL can be used to link to this page

Home My WebLink About11-7519IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEVIN BALL, TRAVIS HALL & MELINDA HALL 64 Horsekiller Road Shippensburg, PA 17257 Plaintiffs V. WILLIAM N. PALMERO, driver 389 Crossroad School Road Newville, PA 17241 and WILLIAM C. PALMERO, Sr. 389 Crossroad School Road Newville, PA 17241 and PENNSYLVANIA STATE POLICE, TROOP H -HARRISBURG 800 Bretz Drive Harrrisburg, PA 17112 Defendants 1 1 `' MOO FILE NO t \' ?l o e;Z . e : ? .: ? M C1V1` U) C") --a s e_. . r- CIVIL ACTION - LAW 8 r-a -tom PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above-captioned action. Dxi'r 0 --a -Z l Respectfully submitted, ABom & KuTuLAias, LLP Ile Jasot P. Kiltaxlakis, E 2 W st High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 80411 Ck bk38S?, DEVIN HAIL, TRAVIS HALL & MELINDA HALL 64 Horsekiller Road Shippensburg, PA 17257 Plaintiffs V. FILE NO.: I I -__? S l( e l V t WILLIAM N. PALMERO, driver : CIVIL ACTION - LAW 389 Crossroad School Road Newville, PA 17241 and WILLIAM C. PALMERO, Sr. 389 Crossroad School Road Newville, PA 17241 and PENNSYLVANIA STATE POLICE, TROOP H -HARRISBURG 800 Bretz Drive Harrrisburg, PA 17112 Defendants WRIT OF SUMMONS TO: WILLIAM N. PALMERO 389 Crossroad School Road Newville, PA 17241 and WILLIAM C. PALMERO, Sr. 389 Crossroad School Road Newville, PA 17241 and PENNSYLVANIA STATE POLICE, TROOP H -HARRISBURG 800 Bretz Drive Harrisburg, Pa 17112 You are notified that Devin Hall, Travis Hall, and Melinda Hall, have commenced an action against you. Date 3 r notary Deputy Prothonotary 01 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 E-Mail: dgoodemoteC&attomey eg neral.gov J , . FEB i 3 PH 2: 'UMBER PENNSYLVANIA DAVIN HALL, TRAVIS HALL & MELINDA HALL, Plaintiffs V. WILLIAM N. PALMERO, driver, and WILLIAM C. PALMERO, SR., and PENNSYLVANIA STATE POLICE, TROOP H - HARRISBURG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 11-7519 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Pennsylvania State Police, Troop H - Harrisburg, in regard to the above case. Respectfully submitted, LINDA L. KELLY Attorney General By. _i6iiel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document(s) upon the person(s) and in the manner indicated below: SERVICE BY FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Jason P. Kutulakis, Esquire ABOM & KUTULKIS, LLP 2 West High Street Carlisle, PA 17013 (Attorney for Plaintiff) (717) 249-0900 William N. Palmero, driver 389 Crossroad School Road Newville, PA 17241 William C. Palmero, Sr. 389 Crossroad School Road Newville, PA 17241 By: Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 717-783-3147 - Direct Dial DATED: February 8, 2012 Senior Deputy Attorney General SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1'" I r Pi CTH"NOTAlkE' Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 FEB 23 AM 8=11 CUMBERLAND COUNTY PENNSYLVANIA Devin Hall Case Number vs. Pennsylvania State Police (et al.) 2011-7519 SHERIFF'S RETURN OF SERVICE 01/31/2012 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: Pennsylvania State Police, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. 02/01/2012 02:32 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2012 at 1432 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: William Nicholas Palmero, by making known unto himself personally, at 389 Crossroad School Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of th*AUTSHALL, DEPUTY 02/0312012 Dauphin County Return: And now February 3, 2012 at 1049 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: Pennsylvania State Police, Troop H-Harrisburg by making known unto Cindy Fisher, Clerk for The Pennsylvania State Police at 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17109 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/14/2012 07:18 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1918 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: William C. Palmero, Sr., by making known unto himself personally, at 389 Crossroad School Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same- I A G TSHA TY SHERIFF COST: $117.45 February 21, 2012 SO ANSWERS, )? RONNY R ANDERSON, SHERIFF mtfivg Of the 'Sher-ft William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEVIN HALL, TRAVIS HALL & MELINDA HALL VS PENNSYLVANIA STATE POLICE Sheriffs Return No. 2012-T-0413 OTHER COUNTY NO. 2011-7519 And now: FEBRUARY 3, 2012 at 10:49:00 AM served the within WRIT OF SUMMONS upon PENNSYLVANIA STATE POLICE by personally handing to CINDY FISHER 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 1800 EL MERTON AVE HBG PA 17109 CLERK WRIT OF SUMMONS REFUSED BY SGT. MORRIS AT 8000 BRETZ DRIVE. Sworn and subscribed to before me this 6TH day of February, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of D.-*6ku,( B Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 2/2/2012 C= .n7l �OD rl* CM YC) 1771 — Johnson, Duffie, Stewart&Weidner By: John A. Statler, Esquire I.D. No. 43812 Attorneys for Defendants William N. Palmero, 301 Market Street William C. Palmero, Sr. and Kathy Palmero P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jas @jdsw.com DEVIN HALL, TRAVIS HALL and IN THE COURT OF COMMON PLEAS MELINDA HALL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION — LAW WILLIAM N. PALMERO, NO. 11-7519 CIVIL WILLIAM C. PALMERO, SR. and KATHY PALMERO, JURY OF 12 PERSONS DEMANDED Defendants DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT WILLIAM N. PALMERO AND NOW, come the Defendants, by their attorneys, Johnson, Duffle, Stewart & Weidner, P.C. who file the following Response to the Plaintiffs' Motion for Summary Judgment as to Defendant William N. Palmero: 1. Admitted. 2. Denied as stated. Defendant Kathy Palmero was not a co-owner of the vehicle at the time of the accident. 3. Admitted. 4. Admitted. 5. Denied as stated. 6. Admitted. 7. Admitted. 8. Denied. 9. Denied. 10. Admitted. 11. Denied. Plaintiff Devin Hall knew that William N. Palmero did not have a valid driver's license. 12. It is admitted that police pursued the Palmero vehicle onto Creek Road on the date, time and place of he subject accident. With respect to the remaining allegations of paragraph 12, after reasonable investigation, the Defendants have insufficient information as to the truth or falsity of said averments and, therefore, deny the same and demand strict proof thereof. 13. Admitted as to William N. Palmero. 14. Admitted. 15. It is admitted that the speed limit on Creek Road was 35 miles per hour on the date, time and place of the subject accident. With respect to the remaining allegations of paragraph 15, after reasonable investigation, Defendants have insufficient information as to the truth or falsity of said averments and, therefore, deny the same and demand strict proof thereof. 16. It is admitted that Plaintiff Devin Hall was extracted from the vehicle and transported by helicopter to Penn State Hershey Children's Hospital on the date, time and place of the subject accident. With respect to the remaining averments in paragraph 16, after reasonable investigation, Defendants have insufficient information as to the truth or falsity of said averments and, therefore, deny the same and demand strict proof thereof. 17. The averments in this paragraph constitute conclusions of law to which no response is required. If a response is deemed to be required, the averments are denied generally pursuant to Pa. R. C. P. 1029 (d) and (e). 18. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. 19. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. 20. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. 21. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. 22. After reasonable investigation, Defendants have insufficient information as to the truth or falsity of the averments in this paragraph and, therefore, deny the same and demand strict proof thereof. 23. Admitted as to William N. Palmero. 24. It is admitted that Defendant William N. Palmero answered a guilty plea to certain charges following the motor vehicle accident. It is specifically denied that William N. Palmero entered a guilty plea to all of the charges listed in paragraph 24 of the Plaintiffs' Motion for Summary Judgment. 25. Denied as stated. 26. The statute at 75 Pa. C.S.A. §3732.1 speaks for itself and no response is required. 27. a. Admitted; b. Admitted; C. Admitted; d. Admitted; e. Admitted; f. Admitted; g. Admitted; h. Admitted; i. Admitted; j. Admitted; k. Admitted; I. Admitted; M. Admitted; n. Admitted; o. Admitted; P. Admitted; q. Admitted; r. Denied. Kathy Palmero was not a co-owner of the vehicle at the time of the accident; S. Admitted. 28. Admitted. 29. Denied as stated. Even if it is determined that Defendant William N. Palmero was negligent per se, a jury would still be required to consider the issues of comparative negligence and causation. Therefore, summary judgment is not appropriate in this case. 30. The statute contained at 75 Pa. C.S.A. §3736 speaks for itself and no response is required. 31. Denied. 32. Admitted. 33. Denied as stated. Even if it is determined that Defendant William N. Palmero was negligent per se, a jury would still have to consider the issues of comparative negligence and causation. 34. Admitted. 35. Admitted. 36. It is admitted that Plaintiffs' counsel contacted Defendants' counsel regarding this Motion for Summary Judgment. Defendants' counsel advised Plaintiffs' counsel that he does not concur in the relief sought by this Motion. WHEREFORE, Defendants respectfully request that the Plaintiffs' Motion for Summary Judgment as to Defendant William N. Palmero be dismissed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, 're Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: /3 554712 22740-3061 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Defendants' Response to Plaintiffs' Motion for Summary Judgment as to Defendant William N. Palmero upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of R 2013, addressed to the following: Jason P. Kutulakis, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Statler, Attorney I.D. No. 43812 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants William N. Palmero, William C. Palmero, Sr. and Kathy Palmero