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HomeMy WebLinkAbout14-1784 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County �y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the cling and service ofpleadings or other a ers as required by law or rules of court. Commencement of Action: S 0 Complaint ® Writ of Summons n Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: William Dougherty Nicole Drummond T Dollar Amount Requested: [3 within arbitration limits I Are money damages requested? Q Yes El No (check one) I@ outside arbitration limits N Is this a Class Aetion Suit? © Yes El No Is this an MDJAppeal? E3 Yes IM No A Name of Plaintiff/Appellant's Attorney: Timothy A. Shollenberger rl Check here if you have no attorney (are a Self- Represented [Pro Se] 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 ❑ Intentional rl Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment 0 Motor Vehicle Debt Collection: Other 0 Board of Elections ❑ Nuisance © Dept. of Transportation F1 Premises Liability rl Statutory Appeal: Other S rl Product Liability (does not include 0 Employment Dispute: E mass tort) © Slander/LibeU Defamation Discrimination C El Other: [3 Employment Dispute: Other © Zoning Board 0 Other: , I ® Other: O MASS TORT El Asbestos N ® Tobacco ® Toxic Tort - DES M Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ❑ Ejectment D Common Law /Statutory Arbitration B ❑ Other: Q Eminent Domain/Condemnation ❑Declaratory Judgment Ground Rent 0 Mandamus Landlord/Tenant Dispute E3 Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial ® Quo Warranto Dental ® Partition E3 Replevin r] Legal Q Quiet Title F1 Other: F1 Medical ® Other: ® Other Professional: Updated 1/1/2011 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way I4 MAIR 26 PH 2: 21 Enola, Pennsylvania 17025 CUI1QERLAND COUKY Telephone Number: (7,17) 728 -3200 PENfiS YLyl ANlA Fax Number: (717) 728 -3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN IN THE COURT OF COMMON PLEAS DOUGHERTY, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. NICOLE DRUMMOND, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED 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 may proceed without you and a judgment may entered against you by the Court without further notice for any money 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REDUCE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249 -3166 S I03� i z�d a� SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN IN THE COURT OF COMMON PLEAS DOUGHERTY, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. NICOLE DRUMMOND, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA l LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACI6N SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249 -3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN IN THE COURT OF COMMON PLEAS DOUGHERTY, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. NICOLE DRUMMOND, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, WILLIAM DOUGHERTY and JEAN DOUGHERTY, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent(s) the following: FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, WILLIAM DOUGHERTY, is an adult individual who currently resides at 3604 N. 4 th Street, Harrisburg, Dauphin County, Pennsylvania. 2. Plaintiff, JEAN DOUGHERTY, is an adult individual who currently resides at 3604 N. 4 th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiffs, WILLIAM DOUGHERTY and JEAN DOUGHERTY, are husband and wife, having been married on May 25, 1990. 4. Defendant, NICOLE DRUMMOND, is an adult individual whose last known address is 132 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on November 9, 2012, at or about 3:51 p.m. on the intersection of State Street and South 15 Street in Camp Hill, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Defendant, NICOLE DRUMMOND is driving a 2004 Saturn east in the 1500 Block of State Street, approaching the intersections of State and South 15 Street. 7. At the aforesaid time and place, the Plaintiff, WILLIAM DOUGHERTY is driving a 2007 Harley Davidson motorcycle west on State Street approaching the intersection of State and South 15 Street. 8. At the aforesaid time and place, Defendant, NICOLE DRUMMOND chooses to make a left hand turn onto South 15 Street and moves the Saturn into the westbound lane of State Street when the Plaintiff, WILLIAM DOUGHERTY, and the motorcycle he is driving is so close to the intersection that it will be impossible for him to take any evasive action to avoid the collision. 9. The Defendant, NICOLE DRUMMOND, does not see the Plaintiff, WILLIAM DOUGHERTY, or his motorcycle prior to initiating her left hand turn and driving the Saturn into the motorcycle's path of travel. 10. The Saturn being driven by the Defendant collides with the motorcycle being driven by WILLAM DOUGHERTY. 11. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, NICOLE DRUMMOND, in operating the Saturn in a careless, reckless, and negligent manner as follows: a. Turning her vehicle left within an intersection without yielding the right of way to a vehicle approaching in the opposite direction which was so close as to constitute a hazard in violation of Section 3322 of The PA Motor Vehicle Code; b. In failing to observe Plaintiff's vehicle on the highway; C. In failing to keep a reasonable look -out for the motorcycle being driven by the Plaintiff William Dougherty; d. In failing to yield the right- of- way'to traffic already upon the highway; and e. Driving a motor vehicle in such a manner as to deprive a motorcycle of the full use of its lane of travel in violation of Section 3523 (a).of The PA Motor Vehicle Code. WHEREFORE,. Plaintiff, WILLIAM DOUGHERTY demands judgment against Defendant NICOLE DRUMMOND for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT WILLIAM DOUGHERTY, PLANTIFF v. NICOLE DRUMMOND, DEFENDANT 12. Paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 13. As a result of the aforesaid collision, Plaintiff, WILLIAM DOUGHERTY, has suffered serious and permanent injuries, including but not limited to the following: a. Torn medial meniscus, right knee; b. Aggravation of degenerative joint disease, right knee; and C. Multiple contusions and abrasions. 14. As a direct and proximate result of the aforesaid injuries, Plaintiff, WILLIAM DOUGHERTY, has undergone and in the future will Undergo great pain and suffering for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, WILLIAM DOUGHERTY, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, WILLIAM DOUGHERTY, has and /or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, WILLIAM DOUGHERTY, has and /or may in the future incur a loss of earning capacity for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff, WILLIAM DOUGHERTY, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of this collision, Plaintiff, WILLIAM DOUGHERTY, has and /or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined. in 75 Pa. C.S.A. Section 1719. 20. As a further result of the aforesaid injuries,. Plaintiff, WILLIAM DOUGHERTY, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 21.. Plaintiff, WILLIAM DOUGHERTY, was occupying a motorcycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff, WILLIAM DOUGHERTY, remains eligible to claim compensation for non - economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, WILLIAM DOUGHERTY, demands judgment against Defendant, NICOLE DRUMMOND, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II JEAN DOUGHERTY, PLAINTIFF v. NICOLE DRUMMOND, DEFENDANT 22. . Paragraphs 1 through 21 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a further result of injuries sustained by her husband, Plaintiff, JEAN DOUGHERTY, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great detriment and loss. 25. As a further result of the injuries sustained by her husband, Plaintiff, JEAN DOUGHERTY, has suffered a loss of earnings for which damages are claimed. WHEREFORE, Plaintiff, JEAN DOUGHERTY, demands judgment against Defendants, NICOLE DRUMMOND, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorne for Plaintiff By: imot y K Aoll4nb.e( sq. Attorney I.D. #34343 2225 Millennium .Way Enola, PA 17.025 (71.7) 728 =3200 Date: A 2014 (717) 728 -3400 (fax) F :TILES \Clients '3050 Donegal \3050 Current\ 3050.714 '3 050.714.pra1. wpd Revised: 4/2/14 1 1 :21 AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendant 2014 4PR _14 p , v C UM8EPI PCNt SYL COUNTY ry WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 -1784 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Nicole Drummond in the above matter. MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendant Dated: Lek 1 1L/ CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 MARTSON LAW OFFICES By Dated: Ami J. Thu 10 East High Street Carlisle, PA 17013 (717) 243-3341 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 , Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant €';LED - ? FICE TIW PROTHONOTARY 2014 APR 14 Pt9 f-2 35 CUJMBUL+A:NO.CODU,N T Y 'PENN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14 -1784 CIVIL ACTION - LAW JURY TRIAL RTIFICATE OF SERVICE; • And now, thiJiay of I, 2014, I hereby certify that a copy of the foregoing Interrogatories have bee served upon the following, via US First Class Mail: Nicole Drummond do Daniel Deardorff Martson. Law 10 East High Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP By: imothy A. Shollenberger, Attorney ID #34343 31 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728 -3200 ! FAX (717) 728 -3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Eno la, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 • Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant FILEO-OFF iCE THE PROTHONOTA: 2014 APR 114 FM 12: 35 CUM UNT Y VAI.414,\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1784 CIVIL ACTION - LAW JURY TRIAL CERTIFICATE OF SERVICE And now, thislt day of foregoing Request for Production o Documents have been served upon the following, via US First Class Mail: , 2014, I hereby certify that a copy of the Nicole Drummond c/o Daniel Deardorff Martson Law. 10 East High Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP By. Timothy A. Shollenberg Attorney ID#34343 , Esq. F:\FILES \Clients \3050 Donegal\3050 Current \3 050.714\3050.714. ans I , wpd Revised: 4/11/14 8:54AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendant E PRO THONG TAR ` 2014 A PR 16 PM It :1'3 "AMA WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 -1784 : CIVIL ACTION - LAW NICOLE DRUMMOND, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs, and their attorney, TIMOTHY A. SHOLLENBERGER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Nicole Drummond, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs' Complaint as follows: 1 -7. Admitted. 8 -10. Denied as stated. As Defendant was driving east on State Street, she was intending to turn left onto 15th Street, but there was heavy traffic and a line of cars going west on State Street in the middle lane which was for vehicles intending to turn, so Defendant was unable to enter the middle lane to make her turn. As Defendant approached 15th Street in the eastbound lane, a driver in the middle lane going west in the line of traffic stopped her vehicle and motioned to Defendant indicating that she was yielding to Defendant and Defendant could safely turn left onto 15th Street. Defendant then slowly turned left across the middle lane and westbound lane and was hit by Plaintiff's motorcycle in the rear right side of her vehicle after Defendant had almost safely completed her turn onto 15th Street. 11. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. a. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. b. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. c. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. d. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. e. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor against Plaintiffs. COUNT I WILLIAM DOUGHERTY, PLAINTIFF V. NICOLE DRUMMOND, DEFENDANT 12. Paragraphs 1 through 11 of this Answer are incorporated herein by reference and made a part hereof. 13 -20. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. 21. A legal conclusion is stated to which no answer is required. WHEREFORE, Defendant demands judgment in her favor against Plaintiffs. COUNT II WILLIAM DOUGHERTY, PLAINTIFF V. NICOLE DRUMMOND, DEFENDANT 22. Paragraphs 1 through 21 of this Answer are incorporated herein by reference and made a part hereof. 23 -25. Denied pursuant to Pa. R.C.P. 1029 (e). Proof thereof is demanded. WHEREFORE, Defendant demands judgment in her favor against Plaintiffs. NEW MATTER 26. Paragraphs 1 through 25 of this Answer are incorporated herein by reference and made a part hereof. 27. Plaintiff may have been operating his motorcycle at a high rate of speed which negligence contributed to the accident. 28. Plaintiff should have been careful and cautious due to the heavy traffic in the middle lane and driven his motorcycle accordingly while keeping a lookout ahead for vehicles making turns. 29. A driver in the middle lane had stopped her vehicle and yielded to the Defendant to allow her to turn left. Paragraphs 8 through 10 of this Answer are incorporated herein. 30. Plaintiff is not entitled to recover damages that were paid for by his first party benefits with his own insurance carrier. 31. Defendant reserves the right to aver other New Matter based on the information revealed by discovery which has not yet taken place. 32. Plaintiff failed to mitigate his damages and prolonged his disability by not acting responsibly after having knee surgery. 33. Plaintiff had prior similar problems with his right knee. 34. The line of vehicles going west in the middle lane prevented Defendant from seeing Plaintiff in the right lane. 35. This accident was caused by the omissions and acts of other persons, not Defendant. 36. Plaintiff's surgery to his right knee was not required as a result of this accident. WHEREFORE, Defendant demands judgment in her favor against Plaintiffs. MARTSON LAW OFFICES By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendant Dated: (iiiciZatY 4 VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that 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 my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. FAF ILES Clientsll 050 DonegaM 050 Current\ 3 0 50.714 \ 3050.71 Cans I wpd Nicole Drummond CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Eno la, PA 17025 MARTSON LAW 0 J. Th a 10 East Hig Street Carlisle, PA 17013 (717) 243-3341 FAFILES \ Clientsl3050 DonegaR3050 Current13050.714 U050.714.siipulationl.wpd 'Revised: 4/8/14 4:33PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FILED-OFFICE OF THE PROTHONOTARY 2014APR 17 Pfl 3:51 CUMBERLAND COUNTY OTTO GILROY & FALLERPENNSYLVAN1A WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-1784 : CIVIL ACTION - LAW NICOLE DRUMMOND, Defendant : JURY TRIAL DEMANDED STIPULATION OF THE PARTIES AND NOW, this 17Paay of April, 2014, the parties stipulate and agree that the term "reckless" shall be deleted and removed from paragraph 11 and any other part where stated in Plaintiffs' Complaint. MARTSON LAW IFFICES SHOLLENBERGER & JANUZZI, LLP By Daniel K. Deardorff, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: ill T ( 2L4 Z o A. 'o 11e .erger, Esquire 2225 Millennium Way Enola, PA 17025 Attorneys for Plaintiffs Dated: 4' CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Stipulation was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: f-( lli1I/4 Timothy A. Shollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 MARTSON LAW OF ICES By Ami J. Thu 10 East High treet Carlisle, PA 17013 (717) 243 -3341 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728 -3200 Fax Number: (717) 728 -3400 Attorneys for Plaintiff 4 !;. ° V-tF ICE OF THE PROTHONOTARY 2014 APR 30 FM 2: 07 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2014 -1784 CIVIL ACTION - LAW JURY TRIAL DEMANDED IPLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, NICOLE DRUMMOND And now come the Plaintiffs, William Dougherty and Jean Dougherty, by and through their attorney, SHOLLENBERGER AND JANUZZI, LLP, and file their Reply to New Matter of Defendant, Nicole Drummond (hereinafter "Defendant "), and, in support thereof, respectfully represents the following: 26. Paragraphs 1 through 25 of the Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 27. Denied. Plaintiff was not operating his motorcycle at a high rate of speed and therefore, the speed at which the Plaintiff is operating his motorcycle is neither negligent nor a factual cause of harm. 28. Denied. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 29. After reasonable investigation, the Plaintiffs are without knowledge sufficient to form a belief as to the truth of said averment and therefore said averment is denied. 30. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 31. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required, same is denied pursuant to Pa. R.C.P. 1029(e). 32. Denied. It is specifically denied that Plaintiff failed to mitigate his damages and prolonged his disability by not acting responsibly after having knee surgery. 33. Denied as stated. Plaintiff suffered a torn medial meniscus, right knee and an aggravation of degenerative joint disease, right knee. 34. After reasonable investigation, the Plaintiffs are without knowledge sufficient to form a belief as to the truth of said averment and therefore said averment is denied. 35. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 36. Denied. It is specifically denied that Plaintiff's surgery to his right knee was not required as a result of this accident. WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Date: Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP /7f! ,,,t oll-''"'er,41"-Esquire I.D. # 34343 Attorney for Plaintiff SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN IN THE COURT OF COMMON PLEAS DOUGHERTY, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. NO. 2014-1784 NICOLE DRUMMOND, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ay of April, 2014, I hereby certify that I have served the following Plaintiffs' Reply to New Matter on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Date: SHOLLENBERGER & JANUZZI, LLP o hy A. Sho &nberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant FroTHONGT/ . 20111[J Y -M7 PH I: 22 CUMBERLAND COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1784 CIVIL ACTION - LAW JURY TRIAL CERTIFICATE OF SERVICE And now, this "day of , 2014, I hereby certify that a copy of the foregoing Plaintiffs R ponse to Def ants Request for Production of Documents have been served upon the following, via US First Class Mail: Daniel Deardorff, Esquire Martson Law 10 East High Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP orney ID#34343 berger, Esq. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant C(1��SSERL ph 1�(F PENNS YL ANIANT y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1784 CIVIL ACTION - LAW JURY TRIAL CERTIFICATE OF SERVICE 4 And now, this 5 day of / /Q , 2014, I hereby certify that a copy of the foregoing Plaintiff's Answers to Interro tories have been served upon the following, via US First Class Mail: Daniel Deardorff, Esquire Martson Law 10 East High Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP By: i► of S • len erg , Esq. Attorney ID#34343 11 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN DOUGHERTY, Plaintiffs v. NICOLE DRUMMOND, Defendant I- LEO -OF OF THE PRO THONO f 20711 JUN- PENNSY A UUN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-1784 CIVIL ACTION - LAW JURY TRIAL CERTIFICATE OF SERVICE Al And now, this ` dayof June, 2014, I herebycertifythat a copyof the foregoing Notice of Deposition of Nicole Drummond has been served upon the following, via U.S. Mail: Daniel Deardorff, Esquire Martson Law 10 East High Street Carlisle, PA 17013 SHOLLENBERGER & JANUZZI, LLP imothy A. ollenberger, Esq. Attorney ID#34343 2 SHOLLENBERGER & JANUZZI, LLP 2225 MILLENNIUM WAY ! ENOLA, PA 17025 (717) 728-3200 ! FAX (717) 728-3400 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WILLIAM DOUGHERTY and JEAN IN THE COURT OF COMMON PLEAS DOUGHERTY, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 14-1784 NICOLE DRUMMOND, CIVIL ACTION - LAW Defendant JURY TRIAL CERTIFICATE OF SERVICE And now, this day of June, 2014, I hereby certify that a copy of the foregoing Notice of Deposition of Amanda Lauver has been served upon the following, via U.S. Mail: Amanda Lauver 313 Ross Avenue New Cumberland, PA 17070 Daniel Deardorff, Esquire Martson Law 10 East High Street Carlisle, PA 17013 SHOLL7ERGER & JANUZZI, LLP By: i/1 -irmr Timothy A. Shollenberger, Esq. Attorney ID#34343 2 SHOLLENBERGER&JANUZZI,LLP 2225 MILLENNIUM WAY ENOLA,PA 17025 (717)728-3Ro0 I FAX(717)728-3400