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Home My WebLink About13-0887 CONNORS LAW,LLP ATTORNEYS FOR DEFENDANTS By: Patricia Burns Horn, I.D. #66603 Edward P. Nelson and Cory D.Nelson Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton,PA 19341 610.524.2100 PATRICK M. GARDNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. C- NO. 2013-887 ` EDWARD P.NELSON and -0 rn rn CORY D.NELSON, =rr-• r%) Defendants CIVIL ACTION—LAW y P r-) - PRAECIPE TO FILE COMPLAINT :T7 C:) = T TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, Patrick M. Gardner to File a Complaint within twenty (20)days from the service of the Rule or suffer the entry of a Judgment of Non Pros. Connor a ,LLP Date: June 18, 2013 By. Patricia Burns Horn, Esquire Attorney for Defendants RULE TO FILE COMPLAINT W to wit this day of �/�'� 2013 a Rule is hereby anted AND NO � y Y �' upon Plaintiff, Patrick M. Gardner, to File a Complaint herein within twenty (20) days from the service hereof or suffer the entry of a Judgment of Non-Pros for failure to do so. DEPUTY PROTHONOTARY =ALE ;.. - .' _ 2t7 13 JUL 29 PM I CuMSCr2L °tit ;I;i'; l'EN S;'LVANIA PATRICK M. GARDNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 2013-1bi2 CIVIL TERM EDWARD P. NELSON and CIVIL ACTION—LAW CORY D. NELSON Defendant 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 complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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,Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 PATRICK M. GARDNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 2013-1082 CIVIL TERM EDWARD P.NELSON and CIVIL ACTION—LAW CORY D. NELSON • Defendant . COMPLAINT AND NOW,this 29th day of July, 2013, comes the Plaintiff, PATRICK M. GARDNER, by his attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendant, EDWARD P. NELSON and CORY D. NELSON: 1. The Plaintiff Patrick Gardner, is an adult individual residing at 300 East Water Street, Landisburg, PA 17040. 2. The Defendant, Edward P. Nelson and Cory D. Nelson, are adult individuals with an address of 442 Union Hall Road, Carlisle, PA 17013. 3. On March 1, 2011, at approximately 3:05 p.m. the Plaintiff, Patrick M. Gardner was traveling southbound in the right lane of South Hanover Street, Carlisle, Cumberland County, Pennsylvania. As Patrick Gardner crossed the intersection of Willow Street through a flashing yellow light his vehicle, a black 1999 Dodge Coupe was struck by Edward P. Nelson's vehicle. 3 4. Without warning the Defendant, Cory D. Nelson operating a Maroon, 2006 Ford Sedan struck Plaintiff's vehicle. Defendant, Cory D. Nelson was controlled by a flashing red light at Willow Street and South Hanover Street. He waited for a van to pass the intersection and then proceeded through, at which time he struck Patrick Gardner's vehicle. 5. The accident and injuries sustained by the Plaintiff were caused by the negligent, careless and reckless actions of the Defendant, Cory D.Nelson. 6. The accident occurred without warning due to the inattention and poor judgment of the Defendant, Cory D. Nelson. 7. The Defendant was negligent and careless as follows: a. He failed to maintain his vehicle under proper control; b. He failed to properly see oncoming traffic on South Hanover Street; he failed to see Plaintiff's vehicle. c. He failed to provide to the Plaintiff any warning of the pending collision; d. He failed to obey the flashing red light and entered the intersection without waiting for the intersection to clear of the Plaintiff's vehicle. e. He failed to yield to Plaintiff's vehicle which had the right of way through the intersection. 4 8. The Plaintiff seeks compensation for the pain and suffering, medical bills, lost wages, emotional distress, and loss of life's pleasures and permanent injuries sustained in the accident as well as compensation for future losses he will incur in these areas from the Defendant. 9. The Plaintiff, Patrick M. Gardner seeks compensation for the medical expenses and any lost wages which he has incurred and may incur in the future to treat his injuries as a result of the injuries he sustained in the accident. 10. The Plaintiff, Patrick M. Gardner also seeks compensation for the serious and permanent injuries which he has sustained, which included injuries to his right arm and right elbow. 11. The automobile operated by Defendant, Cory Dennis Nelson was owned by Defendant, Edward P. Nelson. 12. At the time of the collision, Defendant Cory Dennis Nelson was acting on behalf of the owner, Edward P. Nelson as his agent. 5 Defendant, Edward P.Nelson is therefore liable for the damages caused by the negligence of his Agent, Defendant Cory Dennis Nelson. WHEREFORE, the Plaintiff requests compensatory damages from the Defendants, Edward P. Nelson and Cory D. Nelson in the amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT, P.C. F By: Mar is . McKnight, III, E ire 60 -st Pomfret Street Carlisle, 'ti s Ivania 17013 (717)249-2353 Supreme Court I.D. No. 25476 Attorney for plaintiff Date: July 29, 2013 6 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: a PATRIC M. GARDNER Date: July 29, 2013 7. PATRICK M. GARDNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. NO. 2013-1082 CIVIL TERM • EDWARD P. NELSON and CIVIL ACTION—LAW CORY D. NELSON Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Patricia Burns Horn, Esquire Connors Law 140 S. Village Avenue Exton, PA 19341 IRWIN & Mc ■ IGHT, P.b. r By: Marcus A.r cKni t ht, III, Esq• 're 60 West Pomfret St -et Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 29, 2013 8 NOTICE TO PLAINTIFF: ; r , You are hereb required to respond to fi� 7_ i't i the e F ed Ne Matter within twenty (2 df t date of service hereof. CUMBERLAND CQW°,%W( PENNSYL VA ,1A atricia Burns Horn,Esquire CONNORs LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Edward P. Nelson and Cory D. Nelson Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 PATRICK M. GARDNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2013-887. EDWARD P. NELSON and CORY D. NELSON, Defendants CIVIL ACTION—LAW ANSWER OF DEFENDANTS, EDWARD P. NELSON AND CORY D. NELSON, TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, Defendants, Edward P. Nelson and Cory D. Nelson, by and through their undersigned counsel, ConnorsLaw LLP,hereby respond to Plaintiff's Complaint, as follows: 1. Denied. Answering Defendants are without sufficient facts to form a belief as to the truth of veracity of the corresponding allegations in Plaintiff s Complaint. 2. Admitted. 3. Denied. Answering Defendants are without sufficient facts to form a belief as to the truth of veracity of the corresponding allegations in Plaintiff s Complaint. By way of further answer, Answering Defendant has no firsthand knowledge of the aforementioned accident. 4. Denied. Answering Defendants specifically deny any negligence or liability for the accident described in Plaintiffs Complaint. 5. Denied. The allegations contained in the corresponding paragraph of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. By way of further answer, Answering Defendants specifically deny any negligence, carelessness or recklessness or causing the accident or injuries complained of by Plaintiff. 6. Denied. Answering Defendants specifically deny any negligence or liability for the accident described in Plaintiff's Complaint. 7. Denied. Answering Defendants specifically deny any negligence or liability for the accident described in Plaintiff's Complaint. 8. Denied. The averments contained in the corresponding paragraph of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. 9. Denied. The averments contained in the corresponding paragraph of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. 10. Denied. The averments contained in the corresponding paragraph of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. 11. Admitted. 12. Denied. The allegations contained in the corresponding paragraph of Plaintiff's Complaint are conclusions of law to which no responsive pleading is required. By way of further response, Answering Defendants specifically deny that Cory Dennis Nelson was acting on behalf of Edward P. Nelson at the time of any accident described by Plaintiff. WHEREFORE, Answering Defendants hereby request judgment in their favor and against Plaintiff in the above-captioned matter. NEW MATTER 13. Answering Defendants herewith incorporate by reference ¶¶ 1 - 12 of this Answer, as though the same were fully set forth at length herein. 14. Plaintiffs Complaint fails to state a claim upon which relief can be granted. 15. Plaintiff s claims are barred in whole or in part by the doctrine of estoppel. 16. Plaintiffs claims are barred in whole or in part by the doctrine of release. 17. Plaintiff s claims are barred in whole or in part by the statute of limitations. 18. Plaintiff s claims are barred in whole or in part by the doctrine of laches. 19. Plaintiffs claims are barred by contract. 20. Plaintiff has failed to mitigate damages, if any. 21. Answering Defendant owed no duty of care to the Plaintiff. 22. Plaintiff did not suffer any injury or damage as a result of any act or failure to act on the part of the Answering Defendants. 23. In the event that the Plaintiff sustained the damages alleged in Plaintiffs Complaint, the same being expressly denied, the same injuries and/or damages were caused by the negligence of entities/individuals over whom Answering Defendants had no control, nor legal duty to control. 24. Any damages allegedly sustained by the Plaintiff were pre-existing and/or unrelated in any way to the accident described in the Plaintiff s Complaint. 25. At all times relevant hereto, Answering Defendants acted reasonably, prudently, properly, and with the fullest due care under the circumstances. 26. No act or omission of the Answering Defendants was the proximate or legal cause of any damages allegedly sustained by the Plaintiff. a a 27. If the Plaintiff suffered any damages alleged, they were caused solely by Plaintiff s own negligence. 28. Answering Defendants were not negligent. 29. Pursuant to 75 Pa. C.S.A. §1701, et seq., if Plaintiff elected the Limited Tort Option when applying for insurance that was in full force and effect at the time of the accident or was the owner of an uninsured vehicle, the Plaintiffs claims for any non-economic loss are barred. 30. Plaintiff has failed to breach the Limited Tort threshold and therefore, his injury claims are barred. 31. Answering Defendants herewith incorporate all affirmative defenses under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Answering Defendants, Edward P. Nelson and Cory D. Nelson, herewith demand that judgment be entered in their favor, and against the Plaintiff, together with such other relief as this Honorable Court might deem appropriate. Respectfully submitted, CONNORs LAW,LLP BY: Patricia Burns Horn, Esquire Attorneys for Defendants, Edward P. Nelson and Cory D. Nelson DATE: CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Edward P. Nelson and Cory D. Nelson Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 PATRICK M. GARDNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 2013-887 EDWARD P. NELSON and CORY D. NELSON, Defendants CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Answer of Defendants to Plaintiffs Complaint with New Matter was served by first class mail, postage prepaid, addressed as follows: Marcus McKnight, III Esquire Irwin&McKnight W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013-3222 CONNORs LAW,LLP BY: Patricia Burns Horn, Esquire Attorneys for Defendants, Edward P. Nelson and Cory D. Nelson DATE: 2r01� Y CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Edward P. Nelson and Cory D. Nelson Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 PATRICK M. GARDNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2013-887 T `•; EDWARD P. NELSON and CORY D. NELSON, r� Defendants CIVIL ACTION—LAW =�' JURY TRIAL DEMAND c7 _ < _. n yam, TO THE PROTHONOTARY: Defendants, Edward P. Nelson and Cory D. Nelson, hereby demand a trial by jury with regard to the above-captioned matter. CONNORS LAW,LLP BY: Pat t] rns Horn, Esquire Attorneys for Defendants, Edward P. Nelson and Cory D. Nelson DATE: J CONNORS LAW,LLP ATTORNEYS FOR DEFENDANT By: Patricia Burns Horn, I.D. #66603 Edward P. Nelson and Cory D. Nelson Kevin L. Connors, I.D. #52819 140 S. Village Avenue, Suite 120 Exton, PA 19341 610.524.2100 PATRICK M. GARDNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 2013-887 EDWARD P. NELSON and : CORY D. NELSON, Defendants CIVIL ACTION—LAW CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this day a true and correct copy of the Demand for Jury Trial was served by first class mail,postage prepaid, addressed as follows: Marcus McKnight, III Esquire Irwin&McKnight W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013-3222 CONNORs LAW,LLP BY. Patricia Burns Horn, Esquire Attorneys for Defendants, Edward P. Nelson and Cory D. Nelson DATE: � S a�� I 13-04747GW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 I C= F In the!Matter of: Court of Common Pleagr-r-- PATRICK M. GARDNER Cumberland County s C-D - VS - _ � EDWARD P. NELSON AND CORY D. No. 2013-887 NELSON i '�° r•E ; As a prerequisite to i service of a subpoena for documents and things pursuant to Rule 4009.22 I CCLR on behalf of PATRICIA BURNS, ESQUIRE Defendant certifies that (1) A.notice of intent to serve the subpoena(s)with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. I (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to'the subpoena(s) has been received. (4) The subpoenas) which will be served is/are identical to the subpoena(s)which is/are attached to the,notice of intent to serve the subpoena(s). i I i I i I � f DATE: 8/5/2013 PATRICIA BURNS, ESQUIR j Counsel for Defendant I Center City Legal Reproductions, Inc. CCLR 1:;315 Walnut Street, Suite 601, Philadelphia, PA 19107 ■ ■ ■ ■ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com i I I PATRICK M. GARDNER IN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY VS. I I EDWARD P. NELSON AND CORY No.2013-887 D. NELSON NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MARCUS MCKNIGHT, ESQUIRE IRWIN & MCKNIGHT W. POMFET PROFESSIONAL BUILDING 60 W. POMFET STREET CARLISLE, PA 117013 i Please take notice there has been a request by PATRICIA BURNS, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of(see enclosures). These records pertain to PATRICK GARDNER. I Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the'production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. i The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. i DATE: July 15, 2013 I Enclosures : Copy(copies)of Subpoena(s) Counsel Return Page y, i . I i I ' I Center City Legal Reproductions, Inc. CCLR 1.315 Walnut Street, Suite 601, Philadelphia, PA 19107 • ' • • (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com PATRICK M. GARDNER CCLR File NO. 13-04747GW I vs. I EDWARD P. NELSON AND CORY D. NELSON COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 7/15/2013 regarding records in the custody of(see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes/ no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 8/5/2013. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. i (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2013 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 &Above $.20 i Date: Attorney for plaintiff(s)/defendant(s) MARCUS MCKNIGHT, ESQUIRE IRWIN & MCKNIGHT W. POMFET PROFESSIONAL BUILDING 60 W. POMFET STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK M. GARDNER VS EDWARD P. NELSON AND CORY D. NELSON File No.2013-887 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:DAVID BAKER, M.D.—MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things Any and all medical records,billing records and films,reports,office notes, progress reports,doctors notes,charts, summaries,test results,lab tests,evaluations,etc.,pertaining to Patrick Gardner; DOB: 8/10/1982.**Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICIA BURNS,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PATRICK M. GARDNER VS EDWARD P. NELSON AND CORY D. NELSON File No.2013-887 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR.DAVID TANNER —MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things Any and all medical records,billing records and films,reports,office notes,progress reports,doctors notes,charts, summaries,test results,lab tests,evaluations,etc., pertaining to Patrick Gardner; DOB: 8/10/1982.**Certification Page Must Be Signed and Dated** AT: CENTER CITY LEGAL REPRODUCTIONS,INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate 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 is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: PATRICIA BURNS,ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS,INC. 1315 WALNUT STREET,SUITE 601 PHILADELPHIA,PA 19107 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk,Civil Disposition Deputy (Eff.7/97)