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HomeMy WebLinkAbout12-3033 MICHAEL HANSEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW n NO. JOSHUA D. WEST Defendant JURY TRIAL REQUESTED COMPLAINT (7) r., by and through his attorney Rot== AND NOW comes Plaintiff Michael Hansen , , , cx? A _ Zn M Kulling, Esquire, and avers in support of his complaint as follows: -c INTRODUCTION .?. c-= rv 1. This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania due to the negligence of Defendant, Joshua D. West. 2. It is alleged that Defendant Joshua D. West did operate a vehicle owned by Defendant in a negligent and illegal manner, causing serious bodily injury to Plaintiff Michael Hansen. PARTIES 3. Plaintiff Michael Hansen is an adult individual residing at 82 Lonesome Road, Newville, Pennsylvania 17241. 4. Defendant Joshua D. West is an adult individual whose last known address is at 2808 Hillside Street, Harrisburg, Pennsylvania 17109. FACTS 5. Previous paragraphs are incorporated by reference as if fully set forth herein. /0 3.7SpdA1_ C t?ay9z 6. On May 13, 2010, Plaintiff was traveling North on PA Route 114 in Mechanicsburg, Cumberland County, Pennsylvania. 7. Plaintiff came to stop in a line of traffic at a construction site where flagmen were directing traffic. 8. While waiting, Plaintiff glanced in his rear-view mirror and saw a white Chevrolet pickup truck, driven by the Defendant, approaching a high rate of speed. Plaintiff did not believe the pickup truck would be able to stop at such a high rate of speed and did not believe the pickup truck would be able to avoid contact with him. 9. Plaintiff attempted to move his vehicle out of the way, but could not avoid the pick up truck driven by the Defendant. Plaintiff was subsequently struck in the right-rear corner of his vehicle. 10. The force of the impact pushed Plaintiff s vehicle out of the way, and Defendant's vehicle continued on, striking the rear of another vehicle in front of Plaintiffs vehicle causing that vehicle to strike another vehicle. In all, four vehicles were involved in the accident. 11. The accident was investigated by Officer Sadler with the Silver Spring Township Police Department who indicated that Defendant struck Plaintiff s car and other vehicles. 12. Because of the accident, Plaintiff suffered serious injuries including but not limited to neck pain, lower back pain, right arm pain and leg weakness. 13. Due to the severity of the injuries, Plaintiff incurred substantial pain and suffering. Plaintiff also has substantial expenses to for treatment and therapy. 14. Specifically, Due to the accident, Plaintiff suffered Degenerative lumbar disease with diffuse degenerative bulge disc (L4/5); asymmetric leftward disc bulge (L5/S1, C5/6 and C6/7); degenerative spondylosis and hypertrophic degenerative arthropathy of the lumbar spine; diffuse disc bulge (T2/3 and T3/4). 15. Plaintiff then was treated by a neurosurgeon who diagnosed him with neck strain, cervicalgia and cervical radiculopathy. 16. Plaintiff is a self employed contractor and the injuries suffered have a negative impact on his ability to work now and in the future. Count I Negligence of Defendant Joshua D. West 17. Previous paragraphs are incorporated herein by reference as if fully set forth herein. 18. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, are the direct and proximate result of the negligence, carelessness, and/or recklessness of Defendant, generally and more specifically as set forth below: a. In failing to be reasonably vigilant to observe the road and traffic conditions then and there existing; b. In failing to have due regard for the speed of the vehicles and the traffic upon the road and the condition of the highway; c. In failing to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway; d. In failing to operate his vehicle at a speed that was safe for existing conditions, in violation of 75 Pa. C.S.A. § 3361. e. In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa. C.S.A. § 3714; f. In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have his vehicle under such control that injury to persons or property could be avoided; g. In otherwise driving his vehicle upon the roadway in a manner endangering persons and property and in a manner with careless disregard to the rights and safety of others in violation or the Motor Vehicle Code of the Commonwealth of Pennsylvania. 19. As a direct and proximate result of the negligence of the Defendant, Joshua D. West, Plaintiff suffered serious bodily injuries with lasting effect as mentioned above. 20. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered great physical pain, discomfort and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, to his great physical, emotional, and financial detriment and loss. 21. As a direct and proximate result of the Defendant's negligence, Plaintiff has suffered injuries including, but not limited to, head aches, numbness in fingertips and right arm weakness. 22. As a direct and proximate result of the Defendant's negligence, Plaintiff has suffered lost wages and will in the future continue to suffer a loss of income and/or loss of earning capacity. 23. As a. direct and proximate result of the Defendant's negligence, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to his great detriment and loss. 24. As a direct and proximate result of the Defendant's negligence, Plaintiff has been, and probably will in the future be, hindered from attending to his daily duties, to his great detriment, loss, humiliation, and embarrassment. 25. As a direct and proximate result of the Defendant's negligence, Plaintiff has suffered a loss of life's pleasures, and will continue to endure the same in the future, to his great detriment and loss. 26. Plaintiff believes and, therefore, avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Michael Hansen, seeks damages from Defendant, Joshua D. West, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Date: `S l2 _ Respectfully submitted, RO N R & ASSOCIATES Robert A. Kulling, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 ID# 308874 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t Y' t ? 1 ly . AM 24 r;Ll.tk C0 u; 4 ry Michael Hansen vs. Joshua D. West SHERIFF'S RETURN OF SERVICE f.:ase Number ?012-3033 05/17/2012 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: Joshua D. West, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the vuithin Complaint and Notice according to law. 05/22/2012 Dauphin County Return: And now, May 22, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Joshua D. West the defendant named in the within Complaint and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 2808 Hillside Street, Harrisburg, Pennsylvania 17109 the Defendant was not found. Deputies were advised, Joshua D. West s thought to be residing at 39 Brian Drive, Carlisle, Pennsylvania 1701,13. SHERIFF COST $3' 45 SO ANSWERS, June 28, 2012 9-4Y R ANDERSON SHERIFF -L r f" IV -f, f Vrr Shelley Ruhl Real L>ta e Deputy William T. T'ulI Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax (717i 255-3889 .`ack Duignan Chief Deputy Michael W. Rinehart rAssis1 r), Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin MICHAEL HANSEN JOSHUA. D. WEST Sheriff s Return No. 2012-T-1502 OTHER COUNTY NO. 2012-3033 1. Jack Lat\vick. Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JOSHUA D. WEST the DEFENDATxd'T named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin. alid therefore return same NOT FOUND. MAY 22, 2012. DEFENDANT CALLED FROM 717-773-5919 AND ST'A'TED HE CURRENTLY L['VES AT 39 BRIAN DRhVE, CARLISLE, PA 17015 AND NO LONGER RESIDES AT 2808 HIL1_.SIDE STREET, HARRISBURG, PA 17109. Sworn and subscribed to before n-le this 20TH day of June, 2012 'XJFId? COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Em,c?(?-Olninission ar.n MI Ioffman. Notarv Public y of Harrisburg Dauphin Countv Expire> Au gust 17, 2014 So Answers, L-- Sheriff of Dauphin County, Pa. Deputy Sher f Deputy: MEGAN TRITT Sheriffs Costs: S58 6/2.0/2012 L W OFFICES OF HUBSHMAN & FLOOD B s ANDREA J. BULLOCK, ESQUIRE drea_J_Bullock@Progressive.com A orney Identification No. 203240 5 65 Campus Drive, Suite 200 P ymouth Meeting, PA 19462 6 0-832-1801 H FILE O15J2-9891 ~;~ ,. THE ~' ATM®N4 Ah Z~ll1AUG f5 PM 08 Gt1 '.. ~~. TY Attorney for Defendant, Joshua D. West ICHAEL HANSEN COURT OF COMMON PLEAS CUMBERLAND COUNTY v. A D. WEST NO. 12-3033 ENTRY OF APPEARANCE THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Joshua D. West in matter. LAW O~CES'4F HUBSHMAN & FLOOD BY: J. BLOCK, ESQUIRE J oshua,(~. West TE: ~ ~ 1 ~~ - rz 1 ~' MICHAEL HANSEN, Plaintiff v. JOSHUA D. WEST Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 12-3033 CIVIL TERM JURY TRIAL REQUESTED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Michael Hansen in the above-captioned matter. Dated: November 6, 2012 Respectfully Submitted, ROMINGER & ASSOCIATES Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (710 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff _? `~ ..~ ~ - r;, ._~ ~-~', ~ rte--- ,--- o.: ~ --~,-, ~._ .-- ., :~ : ~:_ --. ..~:~ w ,: , - •' ~.~ M[C'HAEL HANSEN, Plaintiff ~. JOSHUA D. WEST Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS~'LVANIA CIVIL ACTION-LAW NO. 12-3033 CIVIL TERM JURY TRIAL REQUESTED CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire, do hereby certify that I served a copy of the Pr•c~cci~~e to Enter Ap~~c~araru~c> upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Joshua D. West 39 Brian Drive Carlisle, Pennsylvania 17013 Dated:__ ~ ~ ls. ~ ~~' Respectfully submitted, ROMING R & ASSOCIATES ~. `'~ i v~'~- Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (71 i) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff MICHAEL HANSEN, Plaintiff v. JOSHUA D. WEST Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 12-3033 CIVIL 'TERM JURY TRIAL REQUESTED PRAECIP:E TO REINSTATE COMPLAINT _.~ ~= ~ - a _~{ ``-T r n o rn -_~ r- ~ ~, T ~ 1 ~ S-_ , -.r ~ ~ ,~, _ ~- ~~ - ...~ _~, z =. ~~ ,.. ~-~ ~; ~ _ =~ _~ ~ U? ... .~ ,.~ . - TO THE PROTHONOTARY: Please reinstate the original Complaint in the above captioned matter, a copy of which is attached for certification and service. Date: November 6, 2012 Respectfully submitted, Rominger & Associates A Lee Mandarino, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff L~ ~3a ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson . ~ ~ LT{ _ ~~ ;~ f ~s ^. Sheriff ' E 1 _ ty 2 r ' ~? ~~ ~t ~, ~ ;, ~: ~~~,ti. ~ s ~7; u~1,r~~~~~ - - ~ s . ; ? F. ~; C Jody S Smith Chief Deputy >- ~ ~~ ~ 2 (~~ Z ~ ~~ ~; Richard W Stewart vt1M8£RL~i~~C1 ~~~~.,~. Solicitor ~~F ~ "x~tr~ P~IV!'~S`~~.4tA~lA Michael Hansen vs. Case Number Joshua D. West 2012-3033 SHERIFF'S RETURN OF SERVICE 11/09/2012 08:15 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joshua D. West at 39 Brian Drive, South Middleton Township, Carlisle, PA 17013. DE IS FRY, DE SHERIFF COST: $34.45 November 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF y NOTICE TO PLEAD TO: Plaintiff: You are hereby notified to file a written response to the enclosed Answer with Ne~Matter within twenty (20) days from service~'I;iereof r Judgment may be entered By: J. Bi r for LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J. BULLOCK, ESQUIRE Andrea_J_Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-832-1801 HC FILE O15J2-9891 MICHAEL HANSEN CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the attached pleading upon all other parties or their attorneys b ® ~ regular r- a~' By: ndrea J. Ilo ,"Esq~ Atto ey Defendant _. t. ~ ._ .~ ,_ .~ . ._. 4 __ ^, -, -: -r. ~. a -; i-== c , ,. r>~ -~- '°( '~ ~ _ _ '~-, ___ - ~~ ? ~ < ~ Attorney for Defendant, ~ "' ', '' Joshua D. West COMMON PLEAS CUMBERLAND COUNTY v. JOSHUA D. WEST NO. 12-3033 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 2. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 3. Denied. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 4. Denied. Answering defendant currently resides at 39 Brian Drive, Carlisle, PA 17015. WHEREFORE, answering Defendant demands judgment in his favor, together with costs, and against all parties, along with such other relief as this Honorable Court deems appropriate. COUNTI Hansen v. West 5. Answering Defendant incorporates by reference his responses to the averments of paragraphs 1 through 5 of Plaintiffs Complaint, as though fully set forth herein in their entirety. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 7. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 8. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 2 9. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 10. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 11. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph, and strict proof thereof is demanded at the time of trial. 12. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required.The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 13. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required.The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 3 14. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required.The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 15. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required.The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 16. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiffs complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, answering Defendant demands judgment in his favor, together with costs. 4 COUNT II Hansen v. West 17. Answering Defendant incorporates by reference his responses to the averments of paragraphs 1 through 17 of Plaintiff s Complaint, as though fully set forth herein in their entirety. 18. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. 19. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 20. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 21. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 5 22. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 23. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 24. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 25. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s 6 complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. 26. Denied. The allegations contained in this paragraph are conclusions of law, and no response is required. The answering defendant has no independent knowledge of what, if any, injuries or damages the plaintiff sustained. Further, it is denied that the alleged injuries, if truthful, are serious, permanent or causally related to the incident set forth in plaintiff s complaint. Furthermore, all averments are denied, and strict proof thereof is demanded at the time of trial. NEW MATTER 1. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 2. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. Section 1701 et seq. as amended (hereinafter "PMVFRL"). Further, the Defendant hereby asserts all of the defenses, limitations and immunities available pursuant to said law. 3. Pursuant to the applicable provisions of the PMVFRL, Defendant is precluded from pleading, introducing into evidence, proving or recovering the amount of benefits paid or payable under said law. 4. Plaintiff has selected the limited tort alternative, and Plaintiffs alleged injuries are not serious as defined by the PMVFRL; consequently, Plaintiff is precluded from recovering damages for pain and suffering by the applicable provisions of that law. 5. Plaintiff is the owner of a currently registered motor vehicle and does not have financial responsibility as defined by the PMVFRL. Further, Plaintiffs alleged injuries are not 7 serious as defined by that law; consequently, Plaintiff is precluded from recovering damages for pain and suffering by the applicable provisions of that law. 6. If there is a legal responsibility for the damages set forth in Plaintiffs Complaint, then the responsibility is that of other individuals and/or entities over whom the Defendant has no control. Plaintiffs injuries and damages as alleged were not caused in any manner whatsoever by the Defendant. 7. Plaintiff s claims are barred by the applicable Statute of Limitation. 8. Plaintiffs claims are barred in whole or in part by the doctrine of res judicata and/or the doctrine of collateral estoppel. 9. In the event that the Plaintiff requests damages for delay pursuant to Pa. R.C.P. 238, answering Defendant challenges the applicability and constitutionality of said rule, and places same at issue. 10. The accident at issue was the result of a sudden emergency, not of the making of Defendant. 11. The nature, existence, origin, causation, amount, duration and extent of injuries, damages and losses claimed are at issue and Defendant, Joshua D. West demands proof of same by Plaintiff as required by the applicable Rules of Civil Procedure. 12. Answering Defendant incorporates herein by reference and pleads as affirmative defenses, all of those defenses specified in Pennsylvania Rules of Civil Procedure 1030. 13. Answering Defendant avers that the incident referred to in Plaintiffs Complaint was caused by the negligence, carelessness and/or recklessness of Plaintiff, in that he: a. Failed to have the motor vehicle which he was operating under proper control at all times relevant; b. Failed to maintain proper look-out; 8 c. Operated a motor vehicle at an excessive rate of speed under the circumstances; d. Failed to obey the mandate of a red traffic signal; e. Failed to yield the right of way to the answering Defendant, who was then and there lawfully upon the highway; f. Operated a motor vehicle in violation of the motor vehicle laws of the Commonwealth of Pennsylvania; g. Was otherwise negligent, careless and/or reckless in the operation and/or maintenance of a motor vehicle; h. Was otherwise negligent, careless and/or reckless in their actions and/or omissions; i. Negligently, carelessly, and/or recklessly failed to adequately supervise, direct and control their agent, servant, workman, and/or employee while acting in the course and scope of his employment; j. Knew or should have known that his agent, servant, workman, and/or employee could not operate a motor vehicle in a careful, prudent, reasonable and safe manner; k. Was liable for the negligence of their agent, servant, workman and/or employee under the doctrine of respondeat superior. WHEREFORE, answering Defendant requests that Plaintiffs Complaint be dismissed with prejudice, and that judgment be entered in favor LA BY: Attorne e Zr Joshua .West DATE: ° and against the Plaintiff. & FLOOD ESQUIRE 9 VERIFICATION I, Andrea J. Bullock, Esquire, aver that I am the attorney for the Defendant, in this case, and I aver that the averments contained in the foregoing pleadings are true and correct to the best of my knowledge, information and belief; and that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 10 LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J. BULLOCK, ESQUIRE Andrea_J_Bullock@Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 610-832-1801 HC FILE O15J2-9891 MICHAEL HANSEN v. JOSHUA D. WEST ~.. i rt y~ ~ ~~~~~ Attorney or ~e~`t~t, Joshua D. West COMMON PLEAS CUMBERLAND COUNTY NO. 12-3033 JURY DEMAND TO THE PROTHONOTARY: Defendant, Joshua D. West, demands trial by twelve Jurors. & FLOOD BY: ESQUIRE Z ~ , ~ ~ Joshua. West DATE: LAW OFFICES OF HUBSHMAN& FLOOD OF THE PROTHONOTARY BY: ANDREA J. BULLOCK,ESQUIRE Andrea_J—BullockaProgressive.com 2013 JUN 14 P14 1: 2 7 Attorney Identification No. 203240 CUMBERLM U 5165 Campus Drive, Suite 200 pENNSYL40VACN01 NTY Plymouth Meeting,PA 19462 Attorney for Defendant, A 610-276-4963 Joshua D. West HC FILE 015J2-9891 MICHAEL HANSEN COMMON PLEAS CUMBERLAND COUNTY V. JOSHUA D. WEST NO. 12-3033 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22: Certifies that: I. a notice of intent to serve the subpoena with copies of the subpoena attached hereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served; 2, a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; 3. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena; 4. no objection to the subpoena has been received. LAW OFFICES OF AN&FLOOD BY: )NDREA J. BULLXt,,ESQUIRE Attorney for Defendant, Joshua D. West DATE: June 12, 2013 File No.01 SJ2-9891 LAW OFFICES OF HUBSHMAN & FLOOD BY: ANDREA J. BULLOCK,ESQUIRE Andrea_J_Bullock @Progressive.com Attorney Identification No. 203240 5165 Campus Drive, Suite 200 Plymouth Meeting, PA 19462 Attorney for Defendant, 610-276-4963 Joshua D. West HC FILE 015J2-9891 MICHAEL HANSEN COMMON PLEAS CUMBERLAND COUNTY V. JOSHUA D. WEST NO. 12-3033 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 MICHAEL HANSEN: Wellspan Neurosurgery Medical Records TO: Lee A. Mandarino, Esquire Andrea J. Bullock, Esquire intends to serve subpoena identical to the ones that are attached to this Notice. You have 20 days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the 20 day Notice period is waived, or, if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by contacting,Kristin C. Gushue. Andrea J.Bullock,Esquire,Attorney for Defendant Date of Issue: May 21, 2013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL HANSEN 'Court of Cornrnon Pleas Plaintiff JOSHUA D. WEST No. 12-3033 Defendant Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22 TO: Wells an Neurosumery (Name of Person or Entity) Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: Copies of any and ail Records for the past 1.0 years pertaining to Michael Hansen 82 Lonesome Road,Newville,PA 17241,DOB: 3/29/55,- SSN: xxx-xx-5544 at 5165 Campus Drive, Suite 200,Plymouth Meeting,PA 19462 (Addre§s). You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Andrea J. Bullock,Esquire Address: 5165 Campus Drive,Suite 200 Date: lc� Plyrnoutli Meeting, PA 19462 Telephone: (610) 276-4963 Supreme Court ID#: 203240 Attorney-for: Defendant BY THE COURT. -bmxwo. Qjji(L, Prothonotary MICHAEL HANSEN v. JOSHUA WEST Court of Comon Pleas : Cumberland County 12-3033 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended. o, Esquire Attorney for Plaintiff