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Home My WebLink About13-6568 Supreme Court�of {Pennsylvania Court.:of- COmmoh Pleas For Prothonotary Use Only: Civil Cover � AM � � •°•- Docket No: s �, Cumberland° County l �� The informalion collected on this form is used solely for court administration purposes. This farm does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Z' James Frank Christopher Nelson I Are money damages requested? F1 Yes 0 No Dollar Amount Requested: Owithin arbitration limits 0 (check one) Ox outside arbitration limits N Is this a Class Action Suit? l Yes S No Is this an MDJAppeal? 0 Yes ED No A Name of Plaintiff /Appellant's Attorney: Matthew L. Owens, Esquire El Check 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 E l Intentional Buyer Plaintiff Administrative Agencies i Malicious Prosecution Debt Collection: Credit Card ] Board of Assessment 0 Motor Vehicle E] Debt Collection: Other E] Board of Elections 0 Nuisance Dept. of Transportation E] Premises Liability Statutory Appeal: Other S Product Liability (does not include E mass tort) � Employment Dispute: Slander/Libel/ Defamation Discrimination 0 C [3 Other: 0 Employment Dispute: Other 0 Zoning Board T Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco E] Toxic Tort - DES F1 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS I❑ Toxic Waste Other: El Ejectment 0 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Declaratory Judgment Ground Rent Mandamus Landlord /Tenant Dispute 0 Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY g g Quo Warranto Mort a e Foreclosure: Commercial 0 Dental Q Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 OF ITHI. ��}} tt r� r The Law Offices of Matthew L. Owens, Esq., LLC Matthew L. Owens, Esquire N �w V - 7 Aims I I : 0 2595 Interstate Drive, Suite 101 ;.;��MuCRL�,D CO Harrisburg, PA 17110 �'C��i�SYLy,�� {IA (717) 909 -2500 Attorney ID #76080 JAMES FRANK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. • No.. `` - �i Stp� CCU l • I� CHRISTOPHER NELSON Defendant :JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 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. MidPenn Legal Services 213A North Front Street Harrisburg, PA 17101 (800) 932 -0356 a-H J�.��i79aS AVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion 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 accion 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 reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds 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 QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. MidPenn Legal Services 213A North Front Street Harrisburg, PA 17101 (800) 932 -0356 The Law Offices of Matthew L. Owens, Esq., LLC Matthew L. Owens, Esquire 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909 -2500 Attorney ID #76080 JAMES FRANK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No.. CHRISTOPHER NELSON Defendant :JURY TRIAL DEMANDED COMPLAINT AND NOW COMES, Plaintiff, James Frank, by and through his attorney, Matthew L. Owens, Esquire and the Law Offices of Matthew L. Owens, Esq., LLC, who files the following Complaint: 1. Plaintiff, James Frank, is an adult individual residing at 5601 Devon Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Christopher Nelson, is an adult individual with a last known address of 317 Briar ridge Circle, Enola, Pennsylvania 17025. 3. Jurisdiction for this matter is appropriate as the operative facts occurred in Cumberland County and at the time the Defendant resided in Cumberland County. 4. The facts and occurrences hereinafter related occurred on or about October 1, 2012 at the intersection of Creekside Drive and Center Street Enola, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff James Frank was lawfully operating his motorcycle heading south on Center Street. 6. Defendant Nelson was driving a vehicle owned and /or insured by himself on Center Street when he failed to observe Plaintiff James Frank's vehicle directly ahead of him and violently rear -ended Plaintiff's vehicle. 7. As a result of the impact, Plaintiff Frank sustained serious injuries in the accident and was seen by his primary care physician and subsequently multiple medical professionals. 8. The aforesaid accident was a direct and proximate result of the negligence of Defendant Nelson as follows: a. He operated his vehicle in a careless, reckless, and negligent manner; b. He failed to be highly vigilant; c. He failed to have his vehicle under the proper control; d. He operated his vehicle without due regard to the rights, safety, and position of the Plaintiff James Frank and other drivers; e. He drove with excessive speed for conditions on the road; f. He was checking his email on his cellular telephone; g. He violated the laws of Motor Vehicle operation in the Commonwealth of Pennsylvania. 9. At all times, Plaintiff James Frank acted with due care and was not liable for contributory or comparative negligence. COUNT I- NEGLIGENCE 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth fully at length hereto. 11. As a result of the accident and the resulting injuries, the Plaintiff James Frank incurred medical expenses in the treatment, medication, hospital treatment, and other miscellaneous expenses for his injuries, and will continue to incur medical expenses into the future for his injuries for which a claim is asserted to the extent recoverable under the Motor Vehicle Financial Responsibility Law in Pennsylvania. 12. As a result of the accident and resulting injuries, Plaintiff James Frank sustained and will sustain losses for which the following are legally recoverable: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; d. Past and future loss of life's enjoyment/pleasures; e. Past and future loss of earnings /earnings capacity; f. Disfigurement; g. Fraying along the left labral; and h. Left labral tear and impingement. 13. As a result of Defendant Nelson's negligence, Plaintiff James Frank has suffered great bodily pain and suffering, as well as mental anxiety and nervousness, to his great detriment and loss. 14. As a result of the aforesaid accident, Plaintiff James Frank has sustained medical expenses as he was required to obtain medical treatment at the East Pensboro Ambulance, Aspire Urgent Care, Arlington Orthopedics and Surgery Center and Drayer Physical Therapy and will require further treatment and expense. He was also required to take prescription medication and will need the same in the future. 15. As a result of the aforesaid accident, Plaintiff James Frank sustained past and future pain and suffering, loss of life's pleasures, inconvenience, lost wages, and loss of earnings and /or earning capacity. 16. As a result of Defendant Nelson's negligence, Plaintiff James Frank has suffered an interruption of his daily habits and pursuits to his great and permanent detriment and loss. WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendant in an amount in excess of the applicable arbitration limits, plus interest, costs, delay damages and other such relief this Honorable Court deems appropriate. COUNT II- PUNITIVE DAMAGES 17. Paragraphs 1 through 16 are incorporated herin by reference as if set forth fully at length hereto. 18. The aforesaid accident occurred while the Defendant was using his cellular phone to check a form of electronic communication received by said device. 19. By Defendant not devoting his full attention to operating his vehicle safely, he consciously and indifferently disregarded the high risk of harm to others by his actions of not paying attention to the road. 20. The Defendant intentionally disregarded the safety of others by checking his cellular phone while operating his vehicle. WHEREFORE, Plaintiffs request Your Honorable Court to enter judgment against the Defendant for Punitive Damages in an amount in excess of the applicable arbitration limits, plus interest, costs, delay damages and other such relief this Honorable Court deems appropriate. Respectfully sub e , Date: 14 r Matthew L. Owens, Esquire The Law Offices of Matthew L. Owens, Esq., LLC Attorney for Plaintiffs 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909 -2500 VERIFICATION I verify that the foregoing facts are true upon my personal knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: (— 3 es Frank SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson '' Sheriff is"`G Jody S Smith 2 PV # Chief Deputy Richard W Stewart 1LLA GUG';, I. Solicitor r DINS YLVANIA James Frank vs. Case Number Christopher Paul Nelson 2013-6568 SHERIFF'S RETURN OF SERVICE 11/19/2013 04:37 PM - Deputy Jason Kinsler, 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: Christopher Paul Nelson at 317 Briar Ridge Circle, East Pennsboro, Enola, PA 17025. kiw, X,� -/g JASON 1<11 18 R, DEPUTY SHERIFF COST: $45.41 SO ANSWERS, November 20, 2013 RoNtrY~ R ANDERSON, SHERIFF 'rc, I �( I DEC P11 EINP4S Y LVA 1IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES FRANK, CIVIL DIVISION Plaintiff, NO. 13-6568 V. PRAECIPE FOR APPEARANCE CHRISTOPHER NELSON, 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 #20306 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES FRANK, CIVIL DIVISION Plaintiff, V. NO. 13-6568 CHRISTOPHER NELSON, (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, P.C., on behalf of the Defendant, Christopher Nelson, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: �evW. Kauch, Esquire ounsel 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 2nd day of December, 2013. Matthew L. Owens, Esquire The Law Offices of Matthew L. Owens, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Attorney for Plaintiff) SUMMERS, McDONNELL, HUDOCK & GUTHRIE, P.C. By: - "kz e n Such, Esquire Counsel for Defendant ftiL. PRO UUNJNO fAjt''o. 2014 FEB 21+ AN {;I: 149 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES FRANK, CIVIL DIVISION Plaintiff, NO. 13-6568 v. JOINT STIPULATION CHRISTOPHER NELSON, 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, P.C. Firm #911 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 (717) 901-5916 #20306 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES FRANK, CIVIL DIVISION Plaintiff, v. NO. 13-6568 CHRISTOPHER NELSON, (Jury Trial.Demanded) Defendant. • JOINT STIPULATION AND NOW, come the parties by and through their respective counsel and hereby Stipulate and Agree that "and/or insured" shall be stricken from Paragraph 6 of the Plaintiff's Complaint, with prejudice. SUMMERS, McDONNELL, HUDOCK LAW OFFICE a MATTHE & GUTHRIE, P.C. OWENS, Kevin D. Rauch, Esquire Matthew L. /f!ns Esquire Counsel for Defendant Counsel for -laintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing JOINT STIPULATION has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 21st day of February, 2014. Matthew L. Owens, Esquire ;. The Law Offices of Matthew L. Owens, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (Attorney for Plaintiff) SUMMERS, McDONNELL,.HUDOCK & GUTHRIE, P.C. By: Kevin D. Rauch, Esquire Counsel for Defendant