HomeMy WebLinkAbout12-1056IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS NO. PO (a- / 5& o(Vil
126 North 15," Street :
Allentown, PA 18102 :
Plaintiff,
V.
JEREMY R. FAHNESTOCK JURY TRIAL DEMANDED '=
=M rn r
447 Lewisberry Road Cc
New Cumberland, PA 17070
Defendant. °
?o C)e-
PRAECIPE FOR SUMMONS v= fir-`,
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Summons in Civil Action in the above case.
X Writ of Summons shall sued and forward d to the Sheriff.
By:
Todd . Miller, Esquire - Attorney I.D. #21242
Todd S. Miller & Associates
611 North 19th Street
Allentown, PA 18104
(610) 434-1533
Attorneys for Plaintiff
**********
WRIT OF SUMMONS
TO: Jeremy R. Fahnestock o'"k ''1 3,75 pd a1h,
447 Lewisberry Road L' ?{} x9e9
New Cumberland, PA 17070 Q a1 I gG'R
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION
AGAINST YOU. I
Prothonotary/Clerk, Civil Division
DATEBy:
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
126 North 15Th Street
Allentown, PA 18102
NO. d ' (a - 10,5 Q 0joi (
Plaintiff,
V.
JEREMY R. FAHNESTOCK
447 Lewisberry Road
New Cumberland, PA 17070
Defendant. :
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY
c C)
zrn rrn rn ?
:rm CO _0m
°
C
C-)
_z
C) x
_
r
?
CD
Please enter my appearance for Plaintiff, Raenease Figgs, in the above-captioned
case.
Papers may be served at the address set forth below.
Respectfully submitted,
TODD S. MI S
C : l
Todd S. Miller, Esquire - Attorney I.D. #21242
611 North 19th Street
Allentown, PA 18104
(610) 434-1533
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
of 611116"'14114
OFF F1 1h4 ?Ro4
2012 MAR 20 Ate 10. 46
?UMBERLAQ COUP i-
PENNSYLVANIA
Raenease Figgs
vs Case Number
.
Jeremy R. Fahnestock 2012-1056
SHERIFF'S RETURN OF SERVICE
02/24/2012 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: Jeremy R. Fahnestock, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of
Summons according to law.
03/09/2012 York County Return: And now, March 9, 2012 I, Richard P. Keuerleber, Sheriff of York County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jeremy R.
Fahnestock the defendant named in the within Writ of Summons and that I am unable to find him in the
County of York and therefore return same NOT FOUND. Request for service at 447 Lewisberry Road,
New Cumberland, Pennsylvania 17070 the Defendant was not found.
SHERIFF COST: $37.00
March 16, 2012
SO ANSWERS,
(Y/, Z
RON R ANDERSON, SHERIFF
?cj CouniySuipe Snenff. T'eiea=oft. Inc-
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
RAENEASE FIGGS
vs.
JEREMY R. FAHNESTOCK
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
Case Number
2012-1056 CIVIL\
SHERIFF'S RETURN OF SERVICE
03/09/2012 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES
HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT.
JEREMY R. FAHNESTOCK, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK.
THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED WRIT OF SUMMONS (WOSM)
AS "NOT FOUND" AT 447 LEWISBERRY ROAD, NEW CUMBERLAND, PA 17070.
PER CURRENT RESIDENT IN APT. A, SHE DOES NOT KNOW DEFT..
SHERIFF COST: $41.20 ZAER
S,March 09, 2012 RICHARD P K RLEBER, SHERIFF
- ---- ----- ---------- ------------------ ------------ ------------------ ------- - - ----- - -- ----------- ------
NOTARY
Affirmed and subscribed to before me this
9TH day of
MARCH 2012
(c) CountySute Sheriff.. Teleosoft. Ir
OMMON PEN SY IA
NO IA
C CITY OF YORK. YORK COUNTY
MY COMMISSION EXPIRES AUG. 12. 2013
LO_Ur UL
_HONOTAf- ;'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,u'F't _(;?LVft0" CIS
CIVIL DIVISION - LAW rUMBERLAND COUNTY
PENNSYLVANIA
RAENEASE FIGGS
NO. 2012-1056
Plaintiff,
V.
JEREMY R. FAHNESTOCK
Defendant. :
PRAECIPE TO REINSTATE OR REISSUE
TO THE CLERK OF COURTS, CIVIL DIVISION
Reinstate the Complaint in the above-captioned matter.
x Reissue the Writ of Summons in the above-captioned matter.
Other:
TODD S. MILLER & ASSOCIATES
B V.
Dated: rlc <<?
Todd S. Miller, Esquire
Attorney I.D. #21242
611 N. Nineteenth Street
Allentown, PA 18104
610-434-1533
Attorneys for Plaintiff
O
20;2 APR -4 PI`S 2: 1
"'IU BERLAND COIJNT?'
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS, CIVIL DIVISION
Plaintiff,
NO. 2012-1056
V.
PRAECIPE FOR APPEARANCE
JEREMY R. FAHNESTOCK,
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
#19195
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS, CIVIL DIVISION
Plaintiff,
V.
NO. 2012-1056
JEREMY R. FAHNESTOCK, (Jury Trial Demanded)
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, Jeremy R. Fahnestock, in the above case.
JURY TRIAL DEMANDED
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SS(EEL, P.C.
By:
vib-D.- R?Och, Esquire
unsel 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 3rd day of April, 2012.
Todd S. Miller, Esquire
Todd S. Miller & Associates
611 North 19th Street
Allentown, PA 18104
(Attorney for Plaintiff)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & $KEEL, P.C.
r
By: ;
vin D. Ra chi , Esquire
Counsel for Defendants
1` c1
N, 0
X 11 pl Pfd 2. r
PENNSYLVANIA `?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS, CIVIL DIVISION
Plaintiff,
NO. 2012-1056
V.
PRAECIPE FOR RULE TO
JEREMY R. FAHNESTOCK, FILE COMPLAINT
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
#19195
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS,
Plaintiff,
V.
JEREMY R. FAHNESTOCK,
Defendant.
CIVIL DIVISION
NO. 2012-1056
(Jury Trial Demanded)
PRAECIPE FOR RULE TO FILE COMPLAINT
TO: The Prothonotary
Kindly rule the Plaintiff, Jeremy R. Fahnestock, to file a Complaint in Civil Action
within twenty (20) days.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE &,SKEEL, P.C.
By:
vW15.- R4uf Esquire
unsel for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS, CIVIL DIVISION
Plaintiff,
V.
NO. 2012-1056
JEREMY R. FAHNESTOCK, (Jury Trial Demanded)
Defendant.
l? RULE
AND NOW, this I day of ??r l 2012, 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 L4 day of Iris , 2012.
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 3rd day of April, 2012.
Todd S. Miller, Esquire
Todd S. Miller & Associates
611 North 19th Street
Allentown, PA 18104
(Attorney for Plaintiff)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.,
By:
rrf D:'RAUch, Esquire
nsel for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
NO. 2012-1056
Plaintiff,
V. -?=
JEREMY R. FAHNESTOCK ^; ryt
Defendant.:
7-1
NOTICE TO DEFEND
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 Notice and Complaint are served, by entering a written appearance
personally or by attorney and filing in writing with the court your defense 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 right 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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
800-990-9108
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
NO. 2012-1056
Plaintiff,
V.
JEREMY R. FAHNESTOCK
Defendant. :
COMPLAINT
Plaintiff, Raenease Figgs, by and through her attorney, Todd S. Miller, Esquire,
hereby files the within Complaint, and support thereof avers as follows:
1. Plaintiff, Raenease Figgs, is an adult individual residing at 126 North 15'"
Street, Allentown, Lehigh County, Pennsylvania.
2. Defendant, Jeremy R. Fahnestock, is an adult individual residing at 215
Ducktown Road, Hellam, York County, Pennsylvania.
3. On or about February 28, 2010, at approximately 2:21 p.m., Plaintiff,
Raenease Figgs, was a passenger in a vehicle being driven by Tara Martin, traveling
on Exit 31 approaching to merge onto Highway 30 in Manchester Township, York
County, Pennsylvania.
4. At the above mentioned time and place, Defendant, Jeremy R.
Fahnestock, was traveling behind the vehicle in which Plaintiff was a passenger, on
Exit 31 approaching Highway 30 in Manchester Township, York County,
Pennsylvania.
5. While traveling the exit ramp to merge onto Highway 30, and looking
for a clear path to merge into traffic, Defendant violently struck the rear of the
vehicle in which Plaintiff was a passenger.
COUNT I
6. Plaintiff, Raenease Figgs, incorporates by reference the allegations
in paragraphs 1 through 5 above, as though set forth herein at length.
7. The negligence and carelessness of the Defendant, Jeremy
Fahnestock, consists of the following:
a. Failing to keep the Defendant's vehicle under proper and
adequate control;
b. Failing to keep a careful and diligent watch on the highway;
C. Operating the Defendant's vehicle at a rate of speed that
was too fast for conditions;
d. Operating the Defendant's vehicle without regard for the
safety, rights and position of the vehicle in which Plaintiff was a passenger;
e. Failing to observe and properly heed the vehicle in front of
the Defendant to avoid striking said vehicle;
f. Driving while being distracted by traffic, by use of a cell
phone or other portable device that could be used for phone or texting
2
transmissions;
g. Failing to observe the vehicle in which Plaintiff was a
passenger with enough time and distance to allow his vehicle to come to a stop
prior to striking the rear of the vehicle in front of him;
h. Causing the Defendant's vehicle to collide with the vehicle in
which Plaintiff was a passenger;
Failing to have his vehicle under proper and adequate
control under the circumstances as to be able to stop his vehicle without striking
the vehicle in which Plaintiff was a passenger.
8. The accident referred to herein resulted solely from the negligence
of the Defendant and in no manner was caused or contributed to by any act or
failure to act on the part of the Plaintiff.
9. As a direct and proximate result of the carelessness and negligence
of the Defendant, Jeremy Fahnestock, described herein, Plaintiff, Raenease
Figgs, has sustained personal injuries, including but not limited to injuries to
Plaintiff's head, neck, upper and lower back, right hand and thumb, 1-4-5 central
disk protrusion with nerve root irritation, right carpel tunnel syndrome, cervical
radiculitis, shoulder pain, hand paraesthesia, wrist and elbow, pain and
numbness radiating down both legs, right hand hemangioma or a collection of
blood vessels, permanent ulnar motor conduction decrease which is significant
across the elbow, permanent difficulty with wrist flexion and having to pick up
3
tiny items, difficulty with fine motor skills of the right hand, permanent scars, injury
to her nerves and nervous systems, all of which may be permanent in nature.
10. As a further direct and proximate result of the carelessness and
negligence of the Defendant, Plaintiff has suffered in the past and shall suffer in
the future, severe shock to her nerves and nervous system, depression, sleep loss,
humiliation, inconvenience, severe pain, suffering, embarrassment, and loss of
life's pleasures.
1 1 . As a further direct and proximate result of the carelessness and
negligence of the Defendant, Plaintiff has been required and may continue to
be required to expend substantial sums of money for hospital, medical, surgical,
and physical therapy for the treatment of the injuries described above.
12. As a further direct and proximate result of the carelessness and
negligence of the Defendant, Plaintiff has been and may in the future be
unable to attend to her customary and usual activities, all to her great detriment
and loss, financial and otherwise.
13. As a direct and proximate result of the above described
occurrence, Plaintiff has been unable to pursue and enjoy the usual activities of
the life of an individual Plaintiff's age, and has suffered a loss of enjoyment of
life, a loss of life expectancy, loss of happiness, and loss of the pleasures of life,
up to the filing of this Complaint, and will in the future be unable to pursue and
enjoy the usual activities of the life of an individual Plaintiff's age, and will suffer
4
a loss of enjoyment of life, loss of life expectancy, loss of happiness, and loss of
pleasure of life throughout the remainder of her life, all of which has been and
will be to her great financial loss.
14. As a direct and proximate result of the above described
occurrence, Plaintiff has suffered embarrassment, humiliation and disfigurement,
and will in the future suffer embarrassment, humiliation and disfigurement
throughout the remainder of her life, all of which has been and will be to her
great financial loss.
15. As a direct and proximate result of the above described
occurrence, the Plaintiff has been unable to pursue her usual occupation for
extended periods of time, from the date of the incident, upon which this cause
of action is based, up to the filing of this Complaint, and has suffered lost wages
and other employment benefits, and will in the future be unable to pursue her
usual occupation for extended periods of time, and will suffer lost wages and
other loss of employment benefits, all of which has been and will be to her great
financial loss.
16. As a direct and proximate result of the above described
occurrence, the Plaintiff has suffered a loss of earning power and capacity up to
the date of filing this Complaint, and will continue to suffer in the future a loss of
earning power and capacity, all of which has been and will be to her great
financial loss.
5
WHEREFORE, Plaintiff demands judgment be entered in her favor and
against Defendant for a sum in excess of the compulsory arbitration limits of
Cumberland County, together with interest and costs as the law provides.
Respectfully submitted,
TODD S. MILLER & ASSOCIATES
Y:
Todd S. Miller, Esquire - Attorney I.D. #21242
611 North 19' Street
Allentown, PA 18104
(610) 434-1533
Attorneys for Plaintiff
6
VERIFICATION
I, Raenease Figgs, hereby certify that I am the Plaintiff in the foregoing
action, that the Complaint is based upon information which I have furnished to
my counsel and information which has been gathered by my counsel in the
preparation of the lawsuit. The language of the foregoing document is that of
counsel and is not mine. I have read the foregoing document and to the extent
that the allegations therein are based upon information I have given to counsel,
they are true and correct to the best of my knowledge, information and belief.
To the extent that the contents of the foregoing document are that of counsel, I
have relied upon counsel in making this Verification. I understand that false
statements herein are made subject to the penalties of 18 PA CS Section 4904
relating to unsworn falsification to authoritie
Dated: 1? I ? ( I )-,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
NO. 2012-1056
Plaintiff,
V.
JEREMY R. FAHNESTOCK
Defendant. :
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of Plaintiff's Complaint, was
served on the following individual(s) by regular mail, deposited in the United States
Post Office, on the date indicated below:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, PC
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
[Attorneys for Defendant]
Respectfully submitted,
TODD S. MILLER & ASSOCIATES
By:
Todd S. Miller, Esquire, Attorney ID #21242
Date of Service: 611 North 191" Street
Allentown, PA 18104
i ao r a- Attorneys for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
't< THE PP,DTHON 0 tr,l'1't
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
7012 APR CO AM 8: 45
CUMBERLAND COUNTY
PENNSYLVANIA
Raenease Figgs
vs.
Jeremy R. Fahnestock
Case Number
2012-1056
SHERIFF'S RETURN OF SERVICE
03/22/2012 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: Jeremy R. Fahnestock, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of
Summons according to law.
03/27/2012 09:38 AM - York County Return: And now March 27, 2012 at 0938 hours I, Richard P. Keuerleber, Sheriff
of York 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: Jeremy R. Fahnestock by making known unto Kilah
Fahnestock, Wife of Defendant at 215 Ducktown Road, Hellam, Pennsylvania 17406 its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
April 18, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
RAENEASE FIGGS
vs.
JEREMY R. FAHNESTOCK
SHERIFF'S RETURN OF SERVICE
Case Number
2012-1056 CIVIL\
03/27/2012 09:38 AM -DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE KILAH FAHNESTOCK, SPOUSE, WHO ACCEPTED AS
"ADULT PERSON IN CHARGE" FOR JEREMY R. FAHNESTOCKAT 215 DUCKTOWN ROAD,
HELLAM, PA 17406.
X
O D TA L",' 5 E 'UT 7
SHERIFF COST: $34.66
April 12, 2012
RICHARD P KEUERLEBER, SHERIFF
-- -- ------ --- - - -- --------- - - -..-
NOTARY
Affirmed and subscribed to before me this
12TH day of APRIL 2012
?i C-c i, :ysst? 5 snt Ie?eooo t MY COMM SSION EXPIRES AUG. 1 , 2013
COMMONWEAL'H OF P NSYLVANIA
A
L. R
i' r s` t i i f liUr I
ElkifdSYLVAN!A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS,
Plaintiff,
V.
JEREMY R. FAHNESTOCK,
Defendant.
CIVIL DIVISION
NO. 2012-1056
ANSWER AND NEW MATTER
(Jury Trial Demanded)
TO: Plaintiff
You are hereby notified to file a written
Response to the enclosed Answer and
New Matter within twenty (20) days
From service hereof or a judgment
May be entered against you.
Filed on Behalf of the Defendant
Counsel of Record for This Party:
Kevin D. Rauch, Esquire
Pa. I.D. #83058
•
111-Dt"t- SUMMERS, McDONNELL, HUDOCK,
GUTHRIE and SKEEL, P.C.
Summers, McDonnell, Hudock, Firm #911
Guthrie & Skeel, P.C.
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
(717) 901-5916
#19195
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RAENESE FIGGS,
Plaintiff,
V.
JEREMY R. FAHNESTOCK,
Defendant.
CIVIL DIVISION
NO. 2012-1056
(Jury Trial Demanded)
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, Jeremy R. Fahnestock, by and through his
counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, P.C., and Kevin D. Rauch,
Esquire, and files the following Answer and New Matter and in support thereof avers as
follows:
1. After reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and
strict proof thereof is demanded at the time of trial.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part, denied in part. It is admitted that a collision occurred
between the vehicles identified on the stated date, time and place. The remainder of the
allegations in paragraph 5 are denied generally pursuant to Pa.R.C.P. 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
COUNTI
6. In response to paragraph 6, the Defendants reiterates and repeats all his
responses in paragraphs 1 through 5 as if fully set forth at length herein.
7. Paragraph 7 and all of its subparts state legal conclusions to which no
response is required. To the extent, however, that a response is deemed necessary,
said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
8. Admitted in part, denied in part. It is admitted that the Defendant was
negligent in the operation of his motor vehicle on the date, time and place of the subject
accident. The remainder of the allegations in paragraph 8 states a legal conclusion to
which no response is required. To the extent, however, that a response is deemed
necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e).
Strict proof thereof is demanded at the time of trial.
9. Paragraph 9 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
10. Paragraph 10 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
11. Paragraph 11 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
12. Paragraph 12 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
13. Paragraph 13 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
14. Paragraph 14 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
15. Paragraph 15 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
16. Paragraph 16 states a legal conclusion to which no response is required.
To the extent, however, that a response is deemed necessary, said averments are
denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, Jeremy R. Fahnestock, respectfully requests this
Honorable Court enter judgment in his favor and against the Plaintiff with costs and
prejudice imposed.
NEW MATTER
17. The motor vehicle accident in controversy is subject to the Pennsylvania
Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative
defenses, all rights, privileges and/or immunities accruing pursuant to said statute.
18. Some and/or all of Plaintiffs claims for damages are items of economic
detriment which are or could be compensable pursuant to either the Pennsylvania Motor
Vehicle Financial Responsibility Law and/or other collateral sources and same may not
be duplicated in the present lawsuit.
19. To the extent that the Plaintiff has selected the limited tort option or is
deemed to have selected the limited tort option then this Defendant sets forth the
relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a
bar to the Plaintiffs ability to recover non-economic damages.
20. This Defendant pleads any and all applicable statutes of limitation under
Pennsylvania Law as a complete or partial bar to any recovery by Plaintiff in this action.
WHEREFORE, Defendant, Jeremy R. Fahnestock, respectfully requests this
Honorable Court enter judgment in his favor and against the Plaintiff with costs and
prejudice imposed.
Respectfully submitted,
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
By: ZL- 0/? ? -
Kevin D. Rauch, Esquire
Counsel for Defendant
VERIFICATION
Defendant verifies that he is the Defendant in the foregoing action; that the
foregoing ANSWER AND NEW MATTER is based upon information which he has
furnished to his counsel and information which has been gathered by his counsel in the
preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of
counsel and not of the Defendant. Defendant has read the ANSWER AND NEW
MATTER and to the extent that the ANSWER AND NEW MATTER is based upon
information which he has given to his counsel, it is true and correct to the best of his
knowledge, information and belief. To the extent that the content of the ANSWER AND
NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit.
Defendant understands that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: LA ?o I r),
J Fahnestock
#19195
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER
AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class
mail, postage pre-paid, this 18th day of May, 2012.
Todd S. Miller, Esquire
Todd S. Miller & Associates
611 North 19th Street
Allentown, PA 18104
(Attorney for Plaintiff)
SUMMERS, McDONNELL, HUDOCK,
GUTHRIE & SKEEL, P.C.
An:!-
By:
Kevin D. Rauch, Esquire
Counsel for Defendants
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
NO. 2012-1056
n
Y_a
Plaintiff,
v.
JEREMY R. FAHNESTOCK JURY TRIAL DEMANDED
Defendant. :
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
And now comes Plaintiff, Raenease Figgs, by and through her attorney, Todd
S. Miller, Esquire, and files the following response to New Matter:
17. Denied. The allegations contained herein are conclusions of law to
which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
If it is judicially determined that an answer is required, all allegations of paragraph
17 are denied, and strict proof to the contrary is demanded at the time of trial.
18. Denied. The allegations contained herein are conclusions of law to
which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
If it is judicially determined that an answer is required, all allegations of paragraph
18 are denied, and strict proof to the contrary is demanded at the time of trial.
19. Denied. The allegations contained herein are conclusions of law to
which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
If it is judicially determined that an answer is required, all allegations of paragraph
19 are denied, and strict proof to the contrary is demanded at the time of trial.
20. Denied. The allegations contained herein are conclusions of law to
which no response is required pursuant to the Pennsylvania Rules of Civil Procedure.
If it is judicially determined that an answer is required, all allegations of paragraph
20 are denied, and strict proof to the contrary is demanded at the time of trial.
WHEREFORE, Plaintiff demands judgment in her favor and against the
Defendant, together with appropriate costs and interest as provided by law.
Respectfully submitted,
TODD S. MILLER & ASSOCIATES
By: -
Todd S.'Miller, Esquire - Attorney I.D. #21242
611 North 19t' Street
Allentown, PA 18104
(610) 434-1533
Attorneys for Plaintiff
2
VERIFICATION
1, Raenease Figgs, hereby certify that I am the Plaintiff in the foregoing
action; that the foregoing answers are based upon information which I have
furnished to my counsel and information which has been gathered by my
counsel in the preparation of the lawsuit. The language of the foregoing
document is that of counsel and is not mine. I have read the foregoing
document and to the extent that the allegations therein are based upon
information I have given to counsel, they are true and correct to the best of my
knowledge, information and belief. To the extent that the contents of the
foregoing document are that of counsel, I have relied upon counsel in making
this Verification. I understand that false statements herein are made subject to
the penalties of 18 PA CS Section 4904 relating to unsworn falsification to
authorities.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
RAENEASE FIGGS
V.
NO. 2012-1056
Plaintiff,
Defendant. :
CERTIFICATE OF SERVICE
It is hereby certified that a true and correct copy of Plaintiff's Reply to
JEREMY R. FAHNESTOCK
Defendant's New Matter, was served on the following individual(s) by regular mail,
deposited in the United States Post Office, on the date indicated below:
Kevin D. Rauch, Esquire
Summers, McDonnell, Hudock, Guthrie & Skeel, PC
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
[Attorneys for Defendant]
Respectfuiiy submitted,
TODD S. MILLER & ASSOCIATES
By:
Todd S. Miller, Esquire, Attorney ID #21242
Date of Service: 611 North 19'h Street
Allentown, PA 18104
Attorneys for Plaintiff