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Home My WebLink About02-0942MELISSA p. GREEVY, Pla/ntiff V. TERRENCE SEA_FORD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P )RIGINAL : NO. 2002-942 CIVIL : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please mark this action settled and discontinued. NAVITSKY, OLSON & WISNESKI 'chael[~l~vitsky, Es ~e -- 113728.1 MELISSA P. GREEVY 103 Valley View Drive Mechanicsburg, PA 17055 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, pENNsYLVANIA C1VIL ACTION - LAW : TERRANCE SEAFORD : 613 Belvedere Street : Carlisle, PA 17013 : versus Defendants ORIGINAL PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summong in the above-captioned action. X_~__Writ of Summons shall be issued and forwarded to Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Name/Address/Telephone No. of Attorney (X) Sheriff ( ) Defendant Dated: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. ~~. ) ~ . Prothonotary Dated:~&,.~ Jefferson J. Shipman, Esquire I.D. %51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MELISSA P. GREEVY, Plaintiff V. TERRANCE SEAFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002.-942 CIVIL : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE enter the appearance of Jefferson J. Shipman, Esquire and Goldberg, Katzman & Shipman, P.C., for the Defendant, Terrance Seaford, in the above-captioned matter. DATE: 104686.1 GOLDBERG, EATZMAN & SHIPMAN, P.C. Jef~ J. Ship~an, Esquire AttOrney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on January 5, 2004: Michael J. Navitsky, Esuqire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPM3kN, P.C. ~on J. S~ipman, Esquire ~ttorney I.D. ~51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Attorneys for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, ~LKTZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MELISSA P. GREEVY, : Plaintiff : TERRANCE SEAFORD, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-942 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the appearance of John R. Ninosky, Esquire, as counsel for Defendant, Terrance Seaford, in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: //~/O ~ 105558.1 Ninosky, Es~ire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717} 234-4161 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on January 22, 2004: Michael J. Navitsky, Esuqire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. Jef~r~o~ J. Shipman, Esquire Attorney I.D. #51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Attorneys for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, }(ATZMAN & SHIPMAN, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MELISSA p. GREEVY, PoCo IN THE COURT OF COMMON PLEAS Plaintiff v. TERRENCE SEAFORD, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-942 CIVIL : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED TO: NOTICE TO PLEAD Plaintiff and her attorney, Michael J. Navitsky, Esquire 2040 Linglestown Road, Suite Harrisburg, PA 17110 303 YOU ARE HEREBY notified to plead to the within New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, I<ATZMAN & SHIPMAN, P.C. 105563.1 on~ R. Ninosky, Esq6ire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant John R. Ninosky, Esquire I.D. #78000 GOLDBERG, ~ATZMAN & SHIP,S%N, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant MELISSA p. GREEVY, IN THE COURT OF COMMON PLEAS Plaintiff V. TERRENCE SEAFORD, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-942 CIVIL : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Terrence Seaford, by and through his counsel, Goldberg, Katzman & Shipman, P.C., who file this ;Lnswer with New Matter by respectfully stating the following: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that Plaintiff claims to have suffered damages as a result of a motor vehicle accident which occurred on March 23, 2000, in the 4200 block of Wertzville Road, Hampden Township, Cumberland County, Pennsylvania. It is denied that the Plaintiff sustained any injuries as a result of this incident. 4. Admitted. 5. Denied. The averments contained in Paragraph 5 are conclusions of law and fact to which no a response is deemed to be required, therein are specifically denied. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that Defendant's vehicle came in contact with the rear of the Plaintiff's vehicle. I did not fail to slow down, I failed to stop. The remainder of this allegation is denied pursuant to Pa. R.C.P. 1029(e). 8. Denied. I did not fail to slow down, I failed to stop. The averments contained in Paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. response is required. If the averments contained 9. Denied. The averments contained in Paragraph 9 are conclusions of law and fact to which no response is required. a response is deemed to be required, therein are specifically denied. 10. Denied. The conclusions of law and a response is deemed to be required, therein are specifically denied. the averments contained averments contained in Paragraph 10 are fact to which no response is required. the averments contained If If 2 11. to the ambulance arriving at the scene and she was placed on a Gurney. After reasonable investigation the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of Paragraph 11 and the same are therefore denied. 12. Denied. The averments contained in Paragraph 12 are conclusions of law and fact to which no response is required. If Denied. I recall Plaintiff being attend to subsequent the averments contained denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. This paragraph is denied pursuant to Pa. Defendant respectfully requests that Plaintiff's and that judgment be a response is deemed to be required, therein are specifically denied. 13. Denied. This paragraph is R.C.P. 1029(e). 14 Denied. R.C.P. 1029(e). 15. Denied. R.C.P. 1029(e). 16. Denied. R.C.P. 1029(e). 17. Denied. R.C.P. 1029(e). WHEREFORE, Complaint be dismissed with prejudice entered in his favor. 3 NEW MATTER 18. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 19. That the accident and any injuries sustained by Plaintiff may have been caused in whole or in part by the negligence of third persons or entities not presently involved in this action. 20. That if it should be found that there was any negligence on the part of Defendant, which negligence is expressly denied, any negligence was not a proximate cause of any damages to the Plaintiff. 21. This accident may have been unavoidable. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in his favor. 105563.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. JohW R. Nlnosky, E~quire I.D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 {717) 234-4161 Attorney for Defendant PURSUANT TO PA. R.C.P. NO. 1024(c) John R. Ninosky, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 83354.1 R. Ninosky ~J CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage Drepaid, in Harrisburg, Pennsylvania, addressed as follows on /~ : Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~ ~ Jo~n R. N' ' lnosKy, Esquire Attorney I.D. #78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Attorneys for Defendant MELISSA P. GREEVY, Plaintiff V. TERRANCE SEAFORD, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 02-942 Civil Term O[~[~G~, CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 18. The allegations constitute a conclusion of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff's Complaint states a claim upon which relief may be granted. 19. The allegations constitute a conclusion of law to which no response is required. To the extent that any response is required, said allegations are denied. The accident and injuries sustained by Plaintiff was caused solely by Defendant's negligence as set forth in Plaintiff's Complaint. 20. The allegations constitute a conclusion of law to which no response is required. To the extent that any response is required, said allegations are denied. Defendant's negligence as set forth in Plaintiff's Complaint caused Plaintiff's injuries and damages. 21. The allegations constitute a conclusion of law to which no response is required. To the extent that any response is required, said allegations are denied. The accident was caused by Defendant's negligence as set forth in Plaintiff's Complaint. Respectfully submitted, NAVITSKY, OLSON & WISNI~KI LLP Mi(~i J. N~(vi~ky, E~quire' / .,] i.r . No. 2040 Linglestown Road, Suite 30~ H~sburg, PA 17110 717/541-9205 Counsel for Plaintiff CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am this 17th day of February, 2004 serving a tree and correct copy of the Plaintiff's Response to Defendant's New Matter upon all counsel of record via postage prepaid United States first class mail addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Defendant Jessie K. Walsh MELISSA P. GREEVY, Plaintiff V. TERRANCE SEAFORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 02-942 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE ATTORNEY AFFIDAVIT Please file the enclosed Affidavit of Michael J. Navitsky, Esquire. The Affidavit is for attachment to PlaintiWs Response to New Matter filed on or about February 19, 2004. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Mi&hael $. ~//its'ky, Es~ire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, MICHAEL J. NAVITSKY, being duly swom according to law, depose and say that I am counsel for Plaintiff, Melissa P. Greevy, and I am authorized to make this affidavit on behalf of said Plaintiff, and verify that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief, or are true and correct based on the information obtained from Plaintiff. Sworn and subscribed before me this I~//q day of ~-£b}~O r c~ , 2004. Notary Public u ~ ,?~EL J.-NA' LOIS £ STALJFI:[R, NOTARY PUBLIC CTTY OF NAP,$1,'~8ORG, DAUPHIN COUNTY COMMISSm,~ EXPIRES MARCH 28, 20051 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm ofNavitsky, Olson & Wisneski LLP, do hereby certify that I am this 24th day of February, 200~ serving a tree and correct copy of the Praecipe to Attach Affidavit upon all counsel of record via postage prepaid United States first class mail addressed as follows: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Defendant Jessie K. Walsh Thomas E. Bretmer, Esquire Goldberg, Katzm~m & Shipm:m, P.C. PO Box 1268 Hardsburgo PA 17108-1268 717-234-4161 Attorneys for Defend~mt MELISSA P. GREEVY, Plaintiff TERRENCE SEAF()RD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-942 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: r Please enter the appearance of Thomas E. Brenner, Esquire of Goldbe g, Katzman & Shipman in place of Jefferson J. Shipman, Esquire. Date: April 13, 2004 GOLDBERG, I4.ATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire I.D. No. 32(i)85 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant 108785.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows on : Michael J. Navitsky, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglesmwn Road, Suite 3(113 Harrisburg, PA 17110 Attorneys fi)r Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ByQ~Z ~ a. E. Brenner, Esquire Date: April 13, 2004