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Home My WebLink About05-0847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. O~ - cf4'1 Cl'o~L ~ER-Y[ Plaintiff, v. MARK SPOTO, COMPLAINT Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. Plaintiff, v. MARK SPOTO, 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 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. Plaintiff, v. MARK SPOTO, Defendant. COMPLAINT AND NOW comes plaintiff, Liberty Mutual Insurance Company as subrogee of Leroy Hockenberry, Sr., by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: I. Plaintiff, Liberty Mutual Insurance Company as subrogee of Leroy Hockenberry, Sr., is a corporation doing business within the Commonwealth of Pennsylvania with a place of business located at 6575 Snowdrift Road, Suite 101, Allentown, Pennsylvania 18106. 2. Leroy Hockenberry, Sr., is an individual residing at 1725 Newport Road, Duncannon, Pennsylvania, 17020. 3. Defendant, Mark Spoto, is an individual residing at 844 Erford Road, Camp Hill, Pennsylvania 17011. 4. At all times relevant hereto, Hockenberry was the owner of a 2003 Chevrolet Impala automobile which was insured by Liberty and which was being driven by Cindy Hockenberry. 5. At all times relevant hereto, Spoto was the operator of a 2000 automobile bearing Pennsylvania license number EML 7995. 6. On or about November 13,2003, Cindy Hockenberry was traveling south on East Penn Drive near Adams Ricci Park in East Pennsboro Township, Cumberland County, Pennsylvania. 7. Spoto was traveling north on East Penn Drive near Adams Ricci Park. 8. Suddenly and without warning, Spoto lost control of his vehicle, crossed into the southbound lane, and struck the front end of Hockenberry's vehicle. 9. At all times relevant hereto, Cindy Hockenberry was traveling with due care and had the right of way. 10. As a result of the aforementioned collision, Hockenberry suffered damages in the amount of $28,741.91. II. The careless, negligent and reckless conduct of Spoto was the direct and proximate cause of the damages suffered by Hockenberry and that conduct is more particularly set forth below: a. In traveling too fast with respect to the road conditions; b. In failing to watch the road in front of his vehicle; c. In not looking or watching where his vehicle was being operated; d. In failing to control his vehicle; e. In entering the southbound lane of East Penn Drive; f. In blocking the southbound lane of East Penn Drive; g. In causing the collision between his vehicle and Hockenberry's vehicle; h. In failing to stay in his lane oftravel; I. In operating his vehicle in a reckless, careless and negligent manner; j. In operating his vehicle in violation of the Pennsylvania Motor Vehicle Code; k. In failing to provide Hockenberry with the standard of care owed to him under the existing circumstances. WHEREFORE, plaintiff, Liberty Mutual Insurance Company as subrogee of Leroy Hockenberry, Sr., demands judgment in its favor and against the defendant, Mark Spoto, in the amount of$28,741.9I, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher P. Deegan, Esquir Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiff s Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Complaint are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsifications to authorities. Christopher P. Dated: e2 -7-0.5' p {q. 8 ~ t Cf'\ lr\.. - -0 V( (1 \" W C>' ~n 0 - .~A - ~ -" -~ - ....:t - - ..t::. (.'" .-' ~ -, -,0< ...,,~) .-- SHERIFF'S RETURN - REGULAR CASE NO: 2005-00847 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LIBEETY MUTUAL INSURANCE CO VS SPOTO MARK HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPOTO MARK t e DEFENDANT , at 2002:00 HOURS, on the 1st day of March 2005 at 2907 GLENNWOOD ROAD CAMP HILL, PA 17011 FRANK SPOTO, FATHER OF by handing to -- MATTHEW SPOTO a true and attested copy of COMPLAINT & NOTICE together ith and at the same time directing His attention to the contents th reof. Additional Comments DEFENDANT'S CORRECT FIRST NAME IS BELIEVED TO BE MATTHEW, NOT MARK. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 Sworn and Subscribed to before me this -2~ day of ~ t:Xv>o.,J--- A . D . , -~'(~'~P'r~ -t/6 So Answers: ~" f.4~ :/ ,-,,;..~ R. Thomas Kline 03/02/2005 WEBER GALLAGHER SIMPSON STAPLE ---- By: /h THE LAW OFFICE OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~comcast.net . Attorney fClr Defendant LIBERTY MUTUAL INSURANCE IN THE COURT OF COMMON PLEAS COMPANY, as subrogee of Leroy CUMBERLAND COUNTY, PENNSYLVANIA Hockenberry, Sr., Plaintiff, vs. NO. 05-847 MATTHEW SPOTO, Defendant. CIVIL ACTION - LAW NOTICE TO PLEAD To: Christopher P. Deegan, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: July 13, 2005 THE LAW OFFICE OF SHANE B. KOPE '- -> (...~.::::.;s;~ .:.- -- Shane B. I<ope, Esq. By: THE LAW OFFICE OF SHANE B. KOPE BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkooelCilcomcast. net Attorney fClr Defendant LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Leroy Hockenberry, Sr., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-847 MATTHEW SPOTO, Defendant. CIVIL ACTION .- LAW ANSWER WITH NEW MATTER TO PLAINITIFF'S COMPLAINT NOW COMES the Defendant, Matthew Spoto (hereinafter "Spoto" or "Defendant"), by and through his attorney, Shane B. KOPE\, Esq., and files the following Answer with New Matter to the Complaint of Plaintiff, Liberty Mutual Insurance Company (hereinafter "Liberty" or "Plaintiff"). 1. Paragraph one (1) of Plaintiff's Complaint is admitted. 2. Paragraph two (2) of Plaintiff's Complaint is admitted. 3. Paragraph three (3) of Plaintiff's Complaint is admitted. 4. Paragraph four (4) of the Complaint is denied. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of such averments. The averments are therE!fore denied and proof thereof demanded, if relevant. 5. Paragraph five (5) of Plaintiff's Complaint is admitted. 6. Paragraph three (6) of Plaintiff's Complaint is admitted. 7. Paragraph three (7) of Plaintiff's Complaint i~\ admitted. 8. Paragraph eight (8) of Plaintiff's Complaint is. admitted in part and denied in part. Defendant does not dispute that his and Cindy Hockenberry's vehicles collided. However, Defendant denies having lost control of his vehicie and c:rossiriginto the southbound lane. By way of further answer, these averments are denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedum. 9. Paragraph nine (9) of Plaintiff's Complaint is denied. On the contrary, Cindy Hockenberry's was not traveling with due care and with the right of way. By way of further answer, these averments are denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. 10. Paragraph ten (10) ofthe Complaint is denied. After reasonable . . investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of such averments. The averments are therlefore denied and proof thereof demanded, if relevant. 11. Paragraph eleven (11) of the Complaint is denied in its entirety pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure,. WHEREFORE, Answering Defendant, Matthew Spoto, respectfully pray that Plaintiff's Complaint against him be dismissed with prejudice and that judgment be entered in their favor together with allowable costs of this action. 2 NEW MATTER 12. Defendant avers the following New Matter slgainst the Plaintiff: 13. The Plaintiff's Complaint fails to state a claim againsftfie Defendant upon which relief can be granted. 14. Investigation may reveal the allegations presented in the Plaintiff's Complaint are barred by the applicable statute of limitations, 15. The cause of action declared upon by the Plaintiff in the Complaint is barred and/or limited by the doctrine of comparative negli!lence. 16. The Plaintiffs cause of action declared upon in the Complaint is barred by the doctrine of contributory negligence. 17. Plaintiff s cause of action declan3d upon the Complaint is barred 'by the doctrine of the assumption of risk. WHEREFORE, Answering Defendant, Matthew Spoto, respectfully pray that Plaintiff's Complaint against him be dismissed with prejudice and that judgment be entered in their favor together with allowable costs of this ~Iction. Respectfully Submitted, Date: July 13, 2005 THE LAW OFFICE OF SHANEB. KOPE '- ----i:..~ --.. By: ~) -. - Shane B. Kope, Esq. 3 VERIFICATION I, I'IQ,H-Spoto, Defendant in this matter, verify that the statements made in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 7-13-05 C'7 ./?, ~' '/ ~(_-I~- ~--'tO M-lf-tSpoto CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on July 13, 2005, I served a copy of the foregoing Answer with New Matter to Plaintiff's Complaint by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Christopher P. Deegan, Esquire Weber Gallagher Simpson . Stapleton Fires & Newby, LLP Two Gateway Center 14th Floor Pittsburg, PA 15222 Attorney for Plaintiff ':--- ~::.:o - ~~. Shane B. Kope, Esq. Supreme Court 1.0. # 92207 THE LAW OFFICE OF SHANE B. KOPE 4660 Trindle Ro;ad, Suite 201 Camp Hill, PA H011 .... Tele. (717) 761-7573 Attorney for Defl~ndant -^j ~ "'" ~ ~-' ~1 o --n =r-r. n"c -rJ I" :.LIY (')0 ~~f~ -';;,,\n '~~ :; ~-< ~,~ CD -;::> :.1' <:? N -.J - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVIS][ON No. 05-847 Civil Term Plaintiff, v. REPLY TO NEW MATTER MARK SPOTO, Defendant. Filed on behalf of Plaintiff Counsel of Re'~ord for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. 05-847 Civil Term Plaintiff, v. MARK SPOTO, Defendant. REPLY TO NEW MATTER AND NOW comes plaintiff, Liberty Mutual Insurance Company as subrogee of Leroy Hockenberry, Sr., by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Reply to New Matter: 12. The averments set forth in paragraph 12 constitut'l conclusions oflaw to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 13. The averments set forth in paragraph 13 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 14. The averments set forth in paragraph 14 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 15. The averments set forth in paragraph 15 constitut(: conclusions oflaw to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 16. The averments set forth in paragraph 16 constitut<: conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. 17. The averments set forth in paragraph 17 constitute conclusions of law to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. WHEREFORE, plaintiff, Liberty Mutual Insurance Company as subrogee of Leroy Hockenberry, Sr., demands judgment in its favor and against the defendant, Mark Spoto, in the amount 01'$28,741.91, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher P. eegan, Esqui e Counsel for Plaintiff VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiff in the within action, am duly authorized to make this Verified Statement on its behalf, and make this Verified Statement due to the fact that plaintiffs Verified Statement cannot be obtained within the time limits necessary for filing this pleading, and I hereby verify that the statements set forth in the foregoing Reply to New Matter are true and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. ~. Christopher . Deegan, Eire Dated: P-t/~{)o CERTIFICATE OF SERVICE~ I, Christopher P. Deegan, Esquire, hereby certify that a true and correct copy of the foregoing Reply to New Matter was served upon the following by first-class mail this # day of August, 2005: Shane B. Kope, Esquire Shane B. Kope 4660 Trindle Road Suite 201 Camp Hill, P A 2005 E ,..., <;fi ~ ~. %:Q -no.;: ~ 1:';("\ -,.... C'> ~~ f:;-~ ~:' (]')r)..; I iF \oS) - ' ~c.\ ="-r ~(, ~ %~ -c\ 'Pc: '-P. =-< ~ c..> ~ -l .- ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Leroy Hockenberry, Sr., No. 05-847 Plaintiff, vs. MARK SPOTO, Defendant. ISSUE: Praecipe for Appearance Filed on Behalf of Defendant: MARK SPOTO Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. 1.0. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED A Y for Defendant ~ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Leroy Hockenberry, Sr., No. 05-847 Plaintiff, vs. MARK SPOTO, Defendant. JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Enter my Appearance on behalf of defendant MARK SPOTO. Papers may be served at the address set forth below. Attorneys for Defendant MciNTYRE, HARTYE & SCHMITT Louis C. Schmitt, Jr., Esquire PA 1.0. #52459 P.O. Box 533 Hollidaysburg, PA 16648-0533 PH: (814) 696-3581 FAX: (814) 696-9399 Date: June 15, 2006 -;_'i~- r,-: i" C) c:-: -. , ,,-'( :::..:(, !"<~ C; "';;n 1",) ./ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Leroy Hockenberry, Sr., No. 05-847 Plaintiff, ISSUE: NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF - DATED 10/24/06 vs. MARK SPOTO, Defendant. Filed on Behalf of Defendant: MARK SPOTO Counsel of Record: LOUIS C. SCHMITT, JR., ESQUIRE PA. I.D. No. 52459 MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 814/696-3581 JURY TRIAL DEMANDED and correct ailed to all 24TH day of I ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIBERTY MUTUAL INSURANCE COMPANY, as subrogee of Leroy Hockenberry, Sr., No. 05-847 Plaintiff, vs. MARK SPOTO, Defendant. JURY TRIAL DEMANDED NOTICE OF SERVICE OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF DATED 10/24/06 TO: PROTHONOTARY You are hereby notified that on the 24th day of October, 2006, Defendant, Mark Spoto served Interrogatories and Request for Production of Documents Directed to Plaintiff - Dated October 24,2006, by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Christopher Deegan, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP Two Gateway Center 14th Floor Pittsburgh, PA 15222 ouis C. Schmitt, Esquire PA I.D. No. 52459 P. O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 r-"' c;.-.> .c.;;) c:/'" c-' ,--"'~< ... ~. ....--~ r.'< , ) ;:Yl r""'-) -- .t:'" 0" { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. 05-847 Civil Term Plaintiff, v. MARK SPOTO, PRAECIPE TO SETTLE DISCONTINUE AND END Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA J.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 /. I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIBERTY MUTUAL INSURANCE COMPANY as subrogee of Leroy Hockenberry, Sr., CIVIL DIVISION No. 05-847 Civil Term Plaintiff, v. MARK SPOTO, Defendant. PRAECIPE TO SETTLE DISCONTINUE AND END TO PROTHONOTARY: Kindly settle discontinue and end the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: I 2 /1 ff /0 Lr I ' sqUire r-:> = c;;.::> cr-. o -n :r-n r11 -.-' ..-,F ;;,fJ C:; ~ (~,; "t"" -r (.;") :!:j )tM U -\ ?:6 .< o r'i n ~) CD w (..,.) \.0