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HomeMy WebLinkAbout13-1730 Supreme Co ` nnsylvania COU leas For Prothonotary Use Only: t Docket No: CLI L` County C) The information collected on this firm is used solely for court administration purposes. This form does not supple or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint D Writ of Summons ❑ Petition Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff Name: Lead Defendant's Name: EDWARD L. RECH NICOLE R. MAHONEY Dollar Amount Requested: ©within arbitration limits Are money damages requested? Yes No (check one) ®x outside arbitration limits N Is this a Class Action Suit? Yes No Is this an MDJAppeal? ® Yes (91 No A Name of Plaintiff /Appellant's Attorney: SCHMIDT KRAMER, PC ® Cheek here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS n Intentional [I Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card D Board of Assessment Motor Vehicle Debt Collection: Other D Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S Product Liability (does not include mass tort) ( Employment Dispute: _ - Slander/Libel/ Defamation Discrimination C ® Other: Q Employment Dispute: Other Q Zoning Board T Other: I Other: o MASS TORT Asbestos Tobacco Q Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste rl Other: [I Ejectment Common Law /Statutory Arbitration 0 Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial Quo Warranto ® Dental Partition Replevin Legal Quiet Title 0 Other: ® Medical 0 Other: Q Other Professional: Updated 1/1/2011 SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE L AFT _3 A,sj f I. D. #19198 D. JOSEPH CHAPMAN, ESQUIRE i- I.D. #209519 k ?� #i `" COUNTY Y 209 State Street L- If ?, j YLVANIA Harrisburg, PA 17101 (717) 232 -6300 cschmidk&schmidtkramer.com Attorneys for Plaintiffs EDWARD L. RECH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. J 3. ' D w NICOLE R. MAHONEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED 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 AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 717 - 249 -3166 DS 1- 800 - 990 -9108 SCHMIDT KRAMER PC BY: CHARLES E. SCHMIDT, JR., ESQUIRE I. D. #19198 D. JOSEPH CHAPMAN, ESQUIRE I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 cschmidt&schmidtkramer.com Attorneys for Plaintiffs EDWARD L. RECH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff V. No. NICOLE R. MAHONEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Edward L. Rech, by and through his attorneys, Schmidt Kramer PC, and avers the following: 1. Plaintiff, Edward L. Rech, is an adult individual residing at 630 Rupley Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Nicole R. Mahoney, is an adult individual residing at 42 South 18th Street, Camp Hill, Cumberland County, Pennsylvania 17011. OPERATIVE FACTS 3. The incident giving rise to Plaintiff's cause of action occurred on State Street, in the borough of Camp Hill, Cumberland County, near its intersection with 16th Street, on October 3, 2012. 4. At that time and place, Defendant was attempting to make a left hand turn through a stopped line of traffic. 2 5. Plaintiff was traveling on State Street through the intersection with 16f Street, and his progress was not controlled by a traffic device. 6. Defendant suddenly, and without warning, accelerated into the turn through the stopped cars, causing a severe impact with Plaintiff's vehicle. 7. The impact of the collision caused Plaintiff's vehicle to roll over, causing injury to the Plaintiff. 8. The aforesaid incident was caused soley by the negligence of the Defendant, and was in no way the responsibility of the Plaintiff. NEGLIGENCE Paragraphs 1 -8 are incorporated herein as if set forth in full. 9. Defendant's negligence consisted of: a. Failing to yield the right of way to the Plaintiff and oncoming traffic; b. Failing to use a high degree of care while cutting through traffic; c. Accelerating too quickly to an unsafe speed while turning; d. Making a left hand turn when it was not safe to do so; e. Failing to keep a proper look out for oncoming vehicles while turning; and f. All or some of the acts set forth herein constitute violations of the Pennsylvania Motor Vehicle Code, sections 3323 and 3361, which is negligence per se. 10. As a sole result of the Defendant's negligence, Plaintiff has suffered injuries, some of which are severe and permanent, including: 3 a. Cervical sprain /strain; b. Strain/ sprain low back with radiation into the buttocks; c. Headaches; d. Balance dysfunction; e. Aggravation and re- injury of pre- existing condition in low back; and f. Damage to associated muscles, nerves, and ligaments. 11. As a result of Defendant's negligence, Plaintiff has incurred medical bills, some or all of which may be subject to reimbursement under 42 U.S.C. 1395y(b)(3)(A). 12. As a sole result of the Defendant's negligence, Plaintiff has undergone, and will continue to undergo into the future, pain and suffering. 13. As a sole result of the defendant's negligence, Plaintiff has sustained a loss of life's pleasures, and will sustain a loss of life's pleasures in the future. WHEREFORE, Plaintiff demands a judgment against the Defendant in an amount in excess of the compulsory arbitration limits of Cumberland County. 4 Y VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL 1, Edward Rech, verify that I am the Plaintiff in this action and that the foregoing document is based upon the information which has been gathered by ` my counsel in preparation of this action. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which 1 have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this Verification. I understand that intentional false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications made to authorities. Edward Rech Date: � i `> - ;�' � -- ? ti �`>� Respectfully submitted, SCHMIDT KRAMER PC By: _ David Joseph pma quire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232 -6300 Attorneys for Plaintiff Date: ,/ P C`-L- a 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i- L�0_�;' Sheriff W 1 E f RO THOINO �.rtl #stn s cuuoiir r Jody S Smith Chief Deputy _ � �� 1013APR 10 AM 8. 465, Richard W Stewart Solicitor 0��CrOFrr�EskERIFP �:,t1�16�RLA"�� GtiU `�-'' PENNSYLVANIA Edward L Rech Case Number vs. Nicole R Mahoney 2013-1730 SHERIFF'S RETURN OF SERVICE 04/05/2013 08:43 PM-Deputy Shawn Gutshall, 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: Nicole R Mahoney at 42 S. 18th Street, Camp Hill Borough, Camp Hill, 7011. TS UTY SHERIFF COST: $43.46 SO ANSWERS, April 08, 2013 RON . R ANDERSON, SHERIFF i i vountySuite Sheriff,fieieosoft inc Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211, Harrisburg, PA 17112 Attorney for Defendant, (717) 901-5002 Nicole Mahoney a Fax: (717) 901-5012 a 41 -� IN THE COURT OF COMMON PLEAS OF �� � �� CUMBERLAND COUNTY, PENNSYLVANIAN-- _ ;,a Eric Rech ca Plaintiff NO. 13-1730 3c a V. CIVIL ACTION - LAW —t Nicole Mahoney JURY TRIAL DEMANDED Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Nicole Mahoney, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: BY: Joseph R. D'Annunzio, Esquire Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: David ChapmanEsquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101 Date. Kimberly Stielper F It.IED-10 F F".CE SCHMIDT KRAMER PC 017 -1 HE PROTHONOTARY BY: D.JOSEPH C HAPMAN,ESQUIRE I.D. #209519 2013 MAY "" I AM 11 8 209 State Street Harrisburg,PA 17101 CUMBERLAND COUNTY (717) 232-6300 ichamanaschmidticramer.corn PENNSYLVANIA Attorneys for Plaintiffs EDWARD L. RECH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 13-1730 NICOLE R. MAHONEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 14. Admitted. 15. Admitted in part, denied in part. It is admitted that vehicles were traveling in the opposite direction from that of Defendant. It is denied that all vehicles traveling in the opposite direction of Defendant headed towards the intersection with 17th Street, were stopped. Further it is denied that all traffic on State Street, approaching 17th Street, were backed up to the intersection with S. 16ffi and State Street. 16. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in this paragraph, and strict proof is required thereof. 17. Denied. After reasonable investigation, the Plaintiff is unable to know what Defendant intended, and at particularly what time that occurred. Therefore strict proof is demanded thereof. By way of further answer, at the time Defendant made the left turn at the intersection with State Street and S. 16th Street, the intersection was not clear as a collision occurred between Plaintiff and Defendant. With regard to whether a motorist stopped and waived for Defendant to proceed through the intersection Plaintiff, after a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 18. After reasonable investigation the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment set forth in this paragraph. By way of further answer, Plaintiff admits that Defendant did make a left hand turn at the intersection of State Street and S. 16ffi Street. It is specifically denied that it was safe for her to make the turn. 19. Admitted in part, denied in part. It is admitted that Plaintiff was traveling in the opposite direction from Defendant. It is specifically denied that Plaintiff was driving on the shoulder of State Street. It is admitted that a collision occurred between the two vehicles in the intersection. It is denied Plaintiff struck Defendant in the Passenger's side front. 20. Denied. It is specifically denied that it was any conduct of Plaintiff's which caused the collision. Strict proof of Defendant's allegation in this paragraph is required at trial. a. Denied. It is specifically denied Plaintiff was driving on the shoulder of State street. b. Denied. It is specially denied that Plaintiff was traveling on the shoulder of the roadway. This paragraph also contains conclusions of law to which no response is deemed necessary. To the extent a response is required, Plaintiff did not violate Section 3304 of the Pennsylvania Motor Vehicle Code. c. This is a conclusion of law that does not require a response. To the extent this paragraph is deemed to require a response, it is specifically denied that contributory negligence bars Plaintiff's recovery. d. This is a conclusion of law that does not require a response. To the extent this paragraph is deemed to require a response, it is specifically denied that comparative negligence bars Plaintiff from recovering in this incident. 21. Denied. Plaintiff selected full tort and that option applies in this situation. 22. This is a conclusion of law that does not require a response. 23. This is a conclusion of law that does not require a response. 24. This is a conclusion of law that does not require a response. 25. This is a conclusion of law that does not require a response. 26. This is a conclusion of law that does not require a response. To the extent this paragraph is deemed to require a response, Plaintiff has stated a claim on which this Court can grant relief. WHEREFORE, Plaintiff respectfully requests that judgment be entered against Defendant in an amount in excess of the arbitration limits in Cumberland County. Respectfully submitted, SCHMIDT KRAMER PC By: ' David Joseph Ch � , Esq 'ire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff Date: 30/ �c3 VERIFICATION I, David Joseph Chapman, attorney for Plaintiff(s), verify that I am attorney of record for the Plaintiff(s), and that the foregoing document contains no facts within the knowledge of the Plaintiffs, but rather, is based upon the record.or facts solely within the knowledge of the attorney; and, for that reason, I make this Verification on behalf of Plaintiff (s). I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. SCHMIDT KRAMER PC David Joseph C a , Es uire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff(s) Date: April 30, 2013 CERTIFICATE OF SERVICE AND NOW, I, David Joseph Chapman, hereby certify that I have, this 30th day of April, 2013, served a copy of the foregoing document by serving a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road, Ste. 211 Harrisburg, PA 17112 Respectfully submitted, SCHMIDT KRAMER PC By: `z David Joseph QJeftan,"Esquire Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff --99.� '.i.. "D Gis d fIli" PRO T IMNO )fit 1 2013 JUL 10 PM !: 08 CUMBERLAND COUNTY PENNSYLVANIA SCHMIDT KRAMER PC BY: D.JOSEPH CHAPMAN,ESQUIRE I.D. #209519 209 State Street Harrisburg,PA 17101 (717)232-6300 jchapman@schmidtkramer.com Attorneys for Plaintiffs EDWARD L. RECH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff : V. No. NICOLE R. MAHONEY, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE AND END TO: PROTHONOTARY, CUMBERLAND COUNTY Please mark this case settled, discontinued, and ended. Respectfully submitted, SCHMIDT KRAMER PC By: David Joseph Cha an, sr Attorney I.D. #209519 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: .Jye.Y 5, 2-o13 Attorneys for Plaintiff