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Home My WebLink About13-5052 Supreme Court of Pennsylvania CourOdf Common Pleas C ADCOVer Sheet For Prothonotary Use Only: I County Docket No: �I,� Y c, CUMBERLAND a s� The information collected on this form is used solelv,for court administrotion purposes. This form does not supplement or replace the filing and service ofpleodings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 1:1 Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Terry Rickabaugh and Patrick Rickabaugh Katherine Anne Bordley I ❑ Checli here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant Attorney: AN C. S PEARS, ES N Are money damages requested? : OYes ❑ No Dollar Amount Requested: within arbitration limits A (Check one) X outside arbitration limits Is this a Class Action Suit? ❑ Yes 0 No 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment 0 Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product .Liability (does not include ❑ Statutory Appeal: Other E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord /Tenant I ❑ Other: ❑ MDJ -Money Judgment o MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa. R.C.P. 205.5 212010 L - U 2b :32 .r?kff-,";ERLA iD CO U�47- y EN Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.23 8.2000 Fax: 717.233.3029 Attorneys for Plaintiffs spears @hhrlaw.com TERRY RICKABAUGH, and IN THE COURT OF COMMON PLEAS PATRICK RICKABAUGH, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION — LAW KATHERINE ANNE BORDLEY, Defendant NOTICE 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 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 inay 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 rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 Attorneys for Plaintiffs spears @hhrlaw.com TERRY RICKABAUGH, and IN THE COURT OF COMMON PLEAS PATRICK RICKABAUGH, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION —LAW V. NO. KATHERINE ANNE BORDLEY, Defendant AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE AGENCIAS QUE QUE ZCAN S C OS LEGAL SIN CARGO O BAJO O COST O O R A OFRE PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 Andrew C. Spears (PA 87737) HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Ph.: 717.238.2000 Fax: 717.233.3029 Attorneys for Plaintiffs spears @hhrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY RICKABAUGH, and PATRICK RICKABAUGH, her husband, 1016 Martindale Road Martindale, PA 17549, CIVIL ACTION —LAW Plaintiffs, V. NO. KATHERINE ANNE BORDLEY, 530 Ellencroft Road Lewisberry, PA 17339, Defendant. COMPLAINT Plaintiffs, Terry and Patrick Rickabaugh ( "Mrs. and Mr. Rickabaugh "), by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, make this complaint against the defendant, Katherine Anne Bordley, ( "Defendant "), and aver as follows: 1. Mrs. and Mr. Rickabaugh are competent adult individuals currently residing at 1016 Martindale Road, Martindale, Lancaster County, Pennsylvania. 2. Upon information and belief, Defendant Katherine Anne Bordley is an adult individual currently residing at 530 Ellencroft Road, Lewisberry, York County, Pennsylvania. 3. At all times material hereto, there were no adverse weather or road conditions. 4. At all times material hereto, Mrs. Rickabaugh was lawfully standing in the middle of the intersection of Lowther Street and South Third Streets in Lemoyne, Cumberland County, Pennsylvania, as a flagger, directing traffic through a construction zone, within the course of her employment. 5. On October 10, 2012, at approximately 8:20 p.m., Defendant was the owner and operator of a white 2007 Hyundai bearing license plate number HLD9011 ( "Defendant's Vehicle "), traveling southeast on South Third Street, approaching its intersection with Lowther Street in Lemoyne, Cumberland County, Pennsylvania. 6. Mrs. Rickabaugh directed Defendant not to proceed through the intersection. 7. At approximately the same time and place, Defendant carelessly drove her vehicle southeast on South Third Street, into the lane for oncoming traffic and into the intersection, and violently struck Mrs. Rickabaugh, knocking her to the ground. 8. Defendant was issued two citations for violating 75 Pa. C.S. §§ 3102 and 3111 (obedience to authorized persons directing traffic and obedience to traffic control devices). 9. As a direct and proximate result of the negligence of Defendant, Mrs. Rickabaugh sustained extensive injuries as set forth below. COUNT I — NEGLIGENCE T erry Rickabaugh v Katherine An B2L A 10. The foregoing paragraphs are incorporated herein by reference. 11. The incident described above and Mrs. Rickabaugh's resultant injuries are the 2 direct and proximate result of the negligence and carelessness of Defendant, generally and more specifically as set forth below: a. In failing to keep a proper lookout for pedestrians or flaggers lawfully directing traffic in the intersection of Lowther Street and South Third Street in Lemoyne, Cumberland County, Pennsylvania; b. In failing to be reasonably vigilant to observe and react appropriately to Mrs. Rickabaugh as a pedestrian and flagger in the 'intersection of Lowther Street and South Third Street; c. In failing to take care not to injure Mrs. Rickabaugh as a pedestrian or flagger; d. In operating Defendant's Vehicle in careless disregard for the safety of persons or property, in violation of 75 Pa. C.S. § 3714; e. In failing to operate Defendant's Vehicle as a reasonable and prudent person would in similar circumstances, in violation of 75 Pa. C.S. § 3714; f. In failing to properly and adequately observe the existing conditions, namely, that Mrs. Rickabaugh was directing traffic through the intersection in a construction zone; g. In failing to operate Defendant's Vehicle at a safe and appropriate speed when special hazards existed with respect to pedestrians in a construction zone, in violation of 75 Pa. C.S. § 3361; h. In failing to operate Defendant's Vehicle at a speed, and under such control, so as to be able to stop within the assured clear distance ahead, 3 in violation of 75 Pa. C.S. § 3361; i. In failing to exercise reasonable care and control in the operation of her vehicle; and j. 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 her vehicle under such control that injury to persons or property could be avoided. 12. As a direct and proximate result of the negligence of Defendant, Mrs. Rickabaugh has: a. Sustained serious personal injuries including, but not limited to, injuries to her lower back, hip, and buttocks; b. Suffered physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss; c. Been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and /or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss; d. Suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss; e. Suffered a loss of income and /or earning capacity; and f. Been, and will in the future be, hindered from attending to her daily duties and chores, to her detriment and loss. 4 WHEREFORE, Plaintiff, Terry Rickabaugh, seeks damages from Defendant, Katherine Anne Bordley, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. COUNT II — LOSS OF CONSORTIUM P atrick Rickabaugh v Katherine An Bordley 13. All foregoing paragraphs are incorporated herein by reference. 14. At all times material to this action, Mrs. and Mr. Rickabaugh were lawfully married as husband and wife. 15. As a direct and proximate result of Defendant's negligence, Mr. Rickabaugh has: a. Suffered a loss of consortium, society, and comfort from his wife, Mrs. Rickabaugh, and he will continue to suffer a similar loss in the future. b. Been compelled, in order to effect a cure for his wife's injuries, to expend money for medicine and medical attention and will be required to expend money for the same purposes in the future, to his detriment and loss. 5 WHEREFORE, Plaintiff Patrick Rickabaugh seeks damages from Defendant, Katherine Anne Bordley, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Dated: August "4, 2013 BY- Andrew C. Spears (PA 87737) Attorneys for Plaintiffs, Terry and Patrick Rickabaugh 6 VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to 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 my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: J- Terry Rickab PatrickRickab ugh IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERRY RICKABAUGH, and CIVIL ACTION—LAW PATRICK RICKABAUGH, her husband, Plaintiffs, NO. 13-5052 Cr VS. c zr- KATHERINE ANNE BORDLEY, JURY TRIAL DEMANDED Defendant. N) ENTRY OF APPEARANCE fir..; Lrr..l >rlV TO THE PROTHONOTARY: Y Kindly enter my appearance on behalf of the Defendant, Katherine Anne Bordley, in the above captioned action. E EIN Date: y: ROLF . KROLL, ESQUIRE PA. ttorney I.D. No. 47243 Attorney for Defendant, KATHERINE A. BORDLEY 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 . . r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the__ I day of September, 2013, and addressed as follows: Andrew C. Spears, Esquire Handler, Henning&Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 MARGO S EDELSTEIN y: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith s"'a�� t a<g�aratir �f� Chief Deputy s rP 23 3: a Richard W Stewart Solicitor OP 1��1 �l NO (;(1u � ,i, PENNSYLVANIA Terry Rickabaugh (et al.) vs. Case Number Katherine Anne Bordley 2013-5052 SHERIFF'S RETURN OF SERVICE 08/26/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Katherine Anne Bordley, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 09/06/2013 The requested Complaint& Notice served by the Sheriff of York County upon Robert Long,who accepted for Katherine Anne Bordley, at 530 Ellencroft Road, Lewisberry, PA 17339. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, September 13, 2013 RONN1 R ANDERSON, SHERIFF To!eusofi.. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff ,;f .. ' `" Solicitor Reuben B Zeager k - Richard E Rice, II Chief Deputy, Operations - Chief Deputy,Administration TERRY RICKABAUGH (et al.) Case Number vs. 13-5052 CIVIL KATHERINE ANN BORDLEY SHERIFF'S RETURN OF SERVICE 09/06/2013 01:05 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT& NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE ROBERT LONG, FRIEND, WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR KATHERINE ANN BORDLEY AT 530 ELLENCROFT ROAD, LEWISBERRY, PA 17339. C .COST: $90.80 SO : , RS, September 11, 2013 RIC AR' P KEUE-LEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lisa L.Thorpe,Notary Public City of York,York County My Commission Expires Aug. 12, 201.7 NOTARY 'MEMBER,PEtaiSYLVATIIA ASSOCIA1701i ;_T.;RrS- Affirmed and subscribed to before me this 11TH day of SEPTEMBER , 2013 - 104 AO heal i�ountySui!e Sheriff,Teleosoft Inc Andrew C. Spears, Esq. Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com -44 HLED-CIFFIE THE PP,OTHOHOTAir'r. 7014 MAR 14 PH 2: 23 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiffs TERRY RICKABAUGH & PATRICK RICKABAUGH, her husband, Plaintiffs V. KATHERINE ANN BORDLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013-5052 : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY COURT: Please mark the above-captioned matter settled, discontinued and ended. Dated: 3/11/14 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears, Esquire I.D. No.: 87737 Attorney for Plaintiffs Andrew C. Spears, Esq. Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238 -2000 Fax : (717) 233 -3029 E -mail: Spears @hhrlaw.com Attorney for Plaintiffs TERRY RICKABAUGH & PATRICK IN THE COURT OF COMMON PLEAS RICKABAUGH, her husband, CUMBERLAND COUNTY, PENNSYLVANIA v. KATHERINE ANN BORDLEY, Plaintiffs NO. 2013 -5052 CIVIL ACTION - LAW Defendant . CERTIFICATE OF SERVICE On this 11th day of March, 2014, I hereby certify that a true and correct copy of Plaintiffs'Praecipe to Settle, Discontinue and End was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Rolf E. Kroll, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant HANDLER, HENNING & ROSENBERG, LLP Andrew C. pears, Esquire I.D. No.: 87737 Attorney for Plaintiffs