HomeMy WebLinkAbout14-3869 Supreme Cou"r :o 'Pennsylvania
COLIC of COmmo leas For Prothonotary Use Only:
I[ it Cb- ear,Sv�l_ 1Vt Docket No:
Cu` bdrl nd y� County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S Complaint 0 Writ of Summons 0 Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Jamel Mitchell Barbara Danner
IT
I Are money damages requested? Yes No Dollar Amount Requested: rMwithin arbitration limits
Y g 9 (check one) Ooutside arbitration limits
0
N Is this a Class Action Suit? n Yes w No Is this an MDJAppeal? 0 Yes 0 No
A Name of Plaintiff/Appel]ant's Attorney: Zachary D. Campbell, Esquire
0 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
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card n Board of Assessment
E] Motor Vehicle 0 Debt Collection:Other [3 Board of Elections
0 Nuisance E] Dept. of Transportation
n Premises Liability 0 Statutory Appeal: Other
S Product Liability (does not include
E mass tort) M Employment Dispute:
Slander/Libel/Defamation Discrimination
C i Other: 0 Employment Dispute: Other Zoning Board
T 0 Other:
I 0 Other:
O MASS TORT
n Asbestos
N ®' Tobacco
n Toxic Tort-DES
M Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste C Ejectment 0 Common Law/Statutory Arbitration
B Other:
Eminent Domain/Condemnation 0 Declaratory Judgment
1]-' Ground Rent 0 Mandamus
® Landlord/Tenant Dispute 0 Non-Domestic Relations
rij Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ®i Mortgage Foreclosure:Commercial 0 Quo Warranto
El Dental n Partition l Replevin
ll Legal 0 Quiet Title 0 Other:
0 Medical Other:
C9 Other Professional:
Updated 1/1/2011
14yr'0T0 TAii"i
METZGER, � f z' ��
WICKERSHAM P.C. 2 �,9��. �
By: Zachary D. Campbell, Esquire C(;r 0
Attorney I.D. No. 93177 PENS S YL�,A,OUt�T�'
2321 Paxton Church Road ,qiq
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187 Attorneys for Plaintiff
JAMEL MITCHELL, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff c
vs.
NO.
BARBARA DANNER, CIVIL ACTION—LAW
Defendant WITHIN ARBITRATION LIMITS
TO: Barbara Danner
360 Old York Road
Wellsville, PA 17365
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013 C-S)
(717) 249-3166ot
.
`1
552810-1 e-
\2
r
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de
la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en
persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o
por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n
reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO
TIENE 0 NO CONOCE UN ABODAGO, VAYA 0 LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
552.810-1
METZGER, WICKERSHAM, P.C.
By: Zachary D. Campbell, Esquire
Attorney I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187 Attorneys for Plaintiff
JAMEL MITCHELL, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. NO.
BARBARA DANNER, CIVIL ACTION—LAW
Defendant WITHIN ARBITRATION LIMITS
COMPLAINT
AND NOW, comes the Plaintiff, Jamel Mitchell, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, and respectfully represents the following:
1. Plaintiff, Jamel Mitchell, is an adult individual residing at 1611 North 2nd Street,
Harrisburg, Dauphin County, Pennsylvania 17102.
2. Defendant, Barbara Danner, is an adult individual with a last known address of
360 Old York Road, Wellsville, York County, Pennsylvania, 17365.
3. The facts and circumstances hereinafter set forth occurred on April 9, 2014, at
approximately 5:10 p.m. at or near the intersection of Sporting Hill Road and the entrance to the
Hampden Center shopping plaza, Hampden Township, Cumberland County, Pennsylvania.
4. At the aforesaid time and place, Plaintiff, Jamel Mitchell, was the owner and .
operator of a 2013 Harley Davidson Breakout motorcycle bearing Pennsylvania License Plate
No. H2325.
552810-1
5. At the aforesaid time and place, Defendant, Barbara Danner, was the owner and
operator of a 2013 Chevrolet Impala, bearing Pennsylvania License Plate No. ESK0531.
6. At the aforesaid time and place, the motorcycle operated by Plaintiff, Jamel
Mitchell, was traveling northbound on Sporting Hill Road, Hampden Township, Cumberland
County, Pennsylvania.
7. At the aforesaid time and place, the vehicle operated by Defendant, Barbara
Danner, was traveling southbound on Sporting Hill Road, Hampden Township, Cumberland
County, Pennsylvania, and was approaching the intersection of Sporting Hill Road and the
entrance to the Hampden Center shopping plaza, Hampden Township, Cumberland County,
Pennsylvania.
8. At the aforesaid time and place, Plaintiff, Jamel Mitchell, moved his motorcycle
into the right turn lane to enter the Hampden Center shopping plaza, Hampden Township,
Cumberland County, Pennsylvania.
9. At the aforesaid time and place, Defendant, Barbara Danner, attempted to make a
left turn into the Hampden Center shopping plaza and turned left at the intersection directly into
the path of the motorcycle being operated by Plaintiff, Jamel Mitchell, who had the right-of-way
and without allowing the Plaintiff sufficient time or distance to avoid a collision.
10. Defendant owed a duty to Plaintiff, Jamel Mitchell, and other lawful users of the
roadways in the Commonwealth of Pennsylvania to operate the vehicle she was driving in such a
way as not to cause harm or damage to the Plaintiff.
552810-1
11. The aforesaid collision was the direct and proximate result of the negligence of
the Defendant, Barbara Danner, in operating the 2013 Chevrolet Impala in a careless 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 75 Pa. C.S.A. §3322 and applicable law;
b. Making an improper or careless turn;
c. Failing to follow duties at intersections in violation of 75 Pa. C.S.A. §3321
and applicable law;
d. Failing to slow or stop the vehicle she was operating so as to avoid a collision;
e. Failing to yield the right of-way to Plaintiff's motorcycle;
f. Failing to obey traffic control devices in violation of 75 Pa. C.S.A. §3111 and
applicable law;
g. Not making a proper left turn in violation of 75 Pa. C.S.A §3331 and
applicable law;
h. Moving her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A.
§3333 and applicable law;
i. Turning her vehicle when it was not safe to do so in violation of 75 Pa. C.S.A.
§3334 and applicable law;
j. Turning into a traffic lane or entering a traffic stream when it was not safe to
do so in violation of 75 Pa. C.S.A. §3334 and applicable law;
k. Failing to drive at a safe and appropriate speed under the circumstances,
including when approaching or entering an intersection in violation of 75 Pa.
C.S.A. §3361 and applicable law;
1. In operating the vehicle at an excessive rate of speed under the circumstances
in violation of 75 Pa. C.S.A. §3361 and applicable law;
in. In failing to yield the right-of-way to traffic already upon the roadway;
552810-1
n. Operating her vehicle in careless disregard for the safety of persons and/or
property in violation of 75 Pa. C.S.A. §3714 and applicable law;
o. In failing to apply the brakes to the vehicle she was operating or take other
evasive action to avoid a collision with the motorcycle Plaintiff was operating;
p. In failing to give warning to Plaintiff of her impending collision with
Plaintiff's motorcycle;
q. In failing to observe Plaintiff's motorcycle and other vehicles on the highway;
r. In failing to maintain adequate control of the vehicle she was operating in
order to avoid a collision;
s. Failing to make sure the roadway was clear before turning;
t. Failing to keep her eyes on the roadway;
u. Operating her vehicle while distracted;
v. Failing to stay alert to traffic;
w. In failing to operate her vehicle in accordance with existing traffic conditions
and traffic controls;
x. In failing to exercise the high degree of care required of a motorist entering an
intersection;
y. In failing to keep alert and maintain a proper lookout for the presence of other
motor vehicles and/or motorcycles on the streets and highways;
z. In failing to familiarize herself with the roadways and her surroundings;
aa. In not paying attention to her surroundings;
dd. In failing to keep her vehicle under proper and adequate control so as not to
expose others to an unreasonable risk of harm;
ee. Not making a safe left turn; and
ff. Colliding into Plaintiff's motorcycle.
552810-1
12. As a direct and proximate result of the collision and the negligent and careless
conduct of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, sustained and in the future may
sustain, serious and debilitating injuries, some of which are or may be permanent, may be an
aggravation and/or exacerbation, and which include,but are not limited to, the following:
a) Left knee pain/injury;
b) Left leg pain/injury.
13. As a direct and proximate result of the aforesaid collision, negligence and
carelessness of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, has undergone and in the
future will undergo physical pain, mental anguish, discomfort, inconvenience, distress,
embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures
of life and limitations in his pursuit of daily activities all to his great loss and detriment for which
damages are claimed.
14. As a direct and proximate result of the aforesaid collision, negligence and
carelessness of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, has and/or may in the
future incur expenses for medical treatment and rehabilitation for which damages are claimed.
15. As a direct and proximate result of the aforesaid collision, negligence and
carelessness of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, has and/or may in the
future incur a loss of earning capacity, loss of household services and other economic damages
for which damages are claimed.
16. As a direct and proximate result of the aforesaid collision and the negligence and
carelessness of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, sustained incidental costs
552810-1
S
and losses to include, but not limited to, past and future medication costs, mileage and medical
appliances for which damages are claimed.
17. As a direct and proximate result of the aforesaid collision and the negligence and
carelessness of Defendant, Barbara Danner, Plaintiff, Jamel Mitchell, has sustained or in the
future may sustain scarring and disfigurement for which damages are claimed.
18. As a result of this collision, Plaintiff, Jamel Mitchell, sustained damage to his
motorcycle. The cost to repair same is $5,209.99 and a claim is made therefore for the repair to
the motorcycle (see, Exhibit "A" attached hereto).
19. Plaintiff, Jamel Mitchell, was occupying a motorcycle at the time of the collision,
which is not a private passenger motor vehicle. Therefore, Plaintiff, Jamel Mitchell, remains
eligible to claim compensation for non economic loss and economic loss sustained in this
collision pursuant to 75 Pa. C.S.A. §1705.
WHEREFORE, Plaintiff, Jamel Mitchell, demands judgment against Defendant, Barbara
Danner, for the aforesaid damages in an amount in excess of the limits of compulsory arbitration
in Cumberland County, Pennsylvania plus interest and/or damages for delay and costs for
prosecution.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Za D. Campbell, Esquire
I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187
Dated: 7111 20 14 Attorneys for Plaintiff
552810-1
VERIFICATION
I,Jamel Mitchell,hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which I have
furnished to counsel, as well as upon information which has been gathered by counsel and/or others
acting on my behalf in this matter. The language of the Complaint is that of counsel and not my
own. I have read the Complaint,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 content of the Complaint is that of counsel,I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint
are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to
authorities.
Dated: (0j3e/,q
el Mi chell
552810-1
Exhibit A
1U -3 unta
;sprzaigf °end;
P' :'(8U'�D 3,5i95fi3,93 �c13fi F'� (7��50:5;'�•��4'fl.5'
dicier InsjAncl�r Aaarz. s'timae II? 1420
' Ho Dade I spea me,
e ^Rete veLi� 0 11 2'014 Appiax,ser � re �rariy
used �amiei t MLtchell;: rnspec ed D LER MIR AUDI
icy'oto °P 370b035 $5 Address Su5gilehaa Harley I3t�ids.onr.
e b lost U4 .03 2014 s Hrr2s3��xrgry
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�er> cam el Ft Eitc ell.' Repairer .Suscfaeha a Harley D-wv on:;
!cess 111 - 2n4 S 3f00 Al'I pato
dress 6 e wn �]-t�d
arr2sbur r .ffk 1-77-10'. �arrzsb�tarc�r ' A 17112`
grreed' :: $rad-
SON ,Ntoa�`i°,IM- SH Yr 2UI3r�1IN�] 1B '23'D$�50718
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Hpl 1 Gear •sh � ter brit 336 3:07- 1•:
,Rgl 1 Shafer ,rqd` 337f19"IB: 2`(�w 39>.
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Rp 1 Fenderxi 1;✓:r V4 {�07 2pz 33< 0'• `s
P. York of>l sea�T kit ? 93,7 t40 74.
�Zp1f '1 ,SYcle staid Fsprir�g 4+9"7��0�,A: v6 28
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�p:1 1 Footrest' lff i53370 3'I 55 OnI•.
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P. (0,00)595-:639".3 x13fi FC (ln_: 5E15-;:�0';405`.
• appraisals@rder�;�c�am
Co. : Ri-de-r Ins/'Andy Wang: Estimate Ik7;: 142.0
dm Na : 1426044 Date zi sge:cted. , _
-e Rece'ivea: 04.11 2;1314. Appraiser- Tzm iiraely
cured_ Jamiel R Mitchel-l. Inspectecf_ DREPAIR AUDIT
icy �To:� F
3700p.'45, 85 A40 5s::.: Susquelianna Harley
e :of loss 04-015-. 2011 8rrisba�irg� X14.
to .of loss Gol11sXAn Tel: . X7V)8101.- 993; Fax-: (:'71.Ty
ier: rami e1 A. Mitchell Repairer_ Susquehpxma'Harley-D'avl son
kress: 1511 N 2nd St.
Address: 6300' Allentown, swat
$arrlsburg,. .PA 17102 Harr3sb�rg; PA 171,12
. : (717)315=9894 Wrk: (. ) - Te1_ (717 8It 1:993; 'ak: (717)4 1-014:9
llgreed':: Brad
HARDY D iVI Sf)N Moetel FXSl3 Y 2fi11 IiiT 7 HD]8 'V:Z. f5-,):718
id%tion::s Ni.lea' e 2193,: Cblor Rp Uc.emsez H25. PA
opi RPL, DESCEtIPTIQN: PART N:C}'.. MICE; LBR' TtEaF' mII T
Rpl 1 Prn?t ry:hsg` cover ° '(17820:6A 349.95.
Rpl 1 'Fuel:. tank a�ssy 1.035
Rpl 1 Topp,-plate gskt `613$10.2
ltpl. 1. Signal lsnap: Ossy 1/x 6646 O9
Rpl i l rro aa5y lt. §104.5!,
Rpl- 1 Bearing. =923:1 11,:90:
Hateri.als ;and Supplies 35:0`0
xep. Warr' Inc N/A. 2':7
Kep True/Alio/Tes:t: N,�A; 1.;0':
e-2 ;Of: 2 Subtotals; , 73I:. 0 1 ,8 a.0 46:9`5
TOTAL :BLTTkRMNT
TOTAL ALLt�1WANCE #
DED&CT'T231E'' 500:.0.4} PATS ,ATET 3:731.24
is hOt. as authorizati:ar i for repair .qr. LBR Rp2& 7T..OfI/ 854.7,Q
ntoo: of .gayrneht Na sppietrtents.`yxill be givexi F�BR RI 77 .00 f 00:0;
at inspects an andor price appraval eaf .tie I,BR DfIt@. '77 h 00 fes. 0..041
ser;, All parts tarr teen pr replacement are: 77 r00 r 0..00
retaa,ned for: salvage: pie7c p Parts wiT1;be, St B ET 46.95
i up at-.'the cornpatjes. tiLsetro . . . `Part; #T's' 'RX ` :292
-r reference or4y and not. far ordering :of
PPA h e # 5 $497 DE lkic #.-IA 70 Tt7 AFi 5209,9g
"
- - - - - -
INS... PAYS.' 470:9...99
ndt a +dattabase. value;; 06+7NER. PAY5: 50.0..0.0
JOHNSON, DUFFIE, STEWART & WEIDNER
By: Matthew Ridley
I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
mr@jdsw.com
0 71-101i0 TA I
20'
JUL21
CjJp� p 2' 2
PENNSYLVANIA A ND COUNTY
NS Y ANIA
JAMEL MITCHELL,
Plaintiff
v.
BARBARA DANNER,
Defendant
Attorneys for Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3869 Civil
: CIVIL ACTION — LAW
: JURY OF 12 PERSONS DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned on behalf of the Defendant in
the above -captioned matter.
Date: July 18, 2014
640375
22740-3286
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: ,/2
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has
been duly served upon the following counsel of record, by depositing the same in the
United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July 18, 2014:
Zachary D. Campbell, Esquire
Metzger, Wickersham, P.C.
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
JOHNSON, DUFFIE, STEWART & WEIDNER
By: �E..
Miche E. Neff, Legal Secrtry to
Matthew Ridley, Esquire
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r'L I C)`s ; .
Sheriff I HE PR0THOHO Aii
Jody S Smith
Chief Deputy .: 2011i AUG 14 PM 3: 06
Richard W Stewart *`'"" CUMBERLAND COUNTY
Solicitor OFFICE OF THE msRIFF PENNSYLVANIA
Jame! Mitchell
vs.
Barbara Danner
Case Number
2014-3869
SHERIFF'S RETURN OF SERVICE
07/02/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Barbara Danner, 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.
07/10/2014 12:57 PM - The requested Complaint & Notice served by the Sheriff of York County upon Gerald Danner,
Spouse, who accepted for Barbara Danner, at 360 Old York Road, Wellsville, PA 17365. Richard
Keuerleber, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
August 12, 2014 RONi'4Y R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
Richard P Keuerleber
Sheriff
Michael S. Hose
Chief Deputy, Operations
SHERIFF'S OFFICE OF YORK COUNTY
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
JAMEL MITCHELL
vs. Case Number
BARBARA DANNER 14-3869 CIVIL
SHERIFF'S RETURN OF SERVICE
07/10/2014 12:57 PM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT & NOTICE BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE GERALD DANNER, SPOUSE, WHO ACCEPTED AS "ADULT
PERSON IN CHARGE" FOR BARBARA DANNER AT 360 OLD YORK ROAD, WELLSVILLE, PA 17365.
SHERIFF COST: $43.16
August 06, 2014
MICHAEL EfONOVAN, DEPUTY
SO WERS,
RICHA D P KEUERLEBER, SHERIFF
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Lisa L. Thorpe, Notary Public
City of York, York County
My Commission Expires Aug. 12, 2017
MEMBER, FEW:SYLVANIA ASSOCIATION (*NOTARIES
Affirmed and subscribed to before me this
6TH day of AUGUST
NOTARY
2014
iqi CountySuite Sheriff, Teleosoft, inc.
JOHNSON, DUFFIE, STEWART
By: Matthew Ridley
I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
mr@jdsw.com
FILED -OFFICE
THE PROTHONOTARY
ZOO AUG 15 Pr°112: 55
CUMBERLAND COUNTY
PENNSYLVANIA
& WEIDNER Attorneys for Defendant
JAMEL MITCHELL,
Plaintiff
v.
BARBARA DANNER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3869 Civil
: CIVIL ACTION — LAW
: JURY OF 12 PERSONS DEMANDED
NOTICE TO PLEAD
TO: Jamel Mitchell (Plaintiff)
c/o Zachary D. Campbell, Esquire
Metzger, Wickersham, P.C.
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
AND NOW, this 14th day of August, 2014, you are hereby notified to plead
responsively to the Answer and New Matter within twenty (20) days of the date of
service hereof, or judgment may be entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
By 71_77
Matthew Ridley, Esquire
Attorneys for Defendant
JOHNSON, DUFFIE, STEWART & WEIDNER
By: Matthew Ridley
I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
mr@jdsw.com
Attorneys for Defendant
JAMEL MITCHELL, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 14-3869 Civil
: CIVIL ACTION — LAW
Plaintiff
v.
BARBARA DANNER,
Defendant
: JURY OF 12 PERSONS DEMANDED
ANSWER AND NEW MATTER
AND NOW, comes the Defendant, Barbara Danner, by and through her counsel,
Matthew Ridley and Johnson, Duffie, Stewart & Weidner, and files the following Answer
and New Matter:
1. After reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and
strict proof thereof is demanded at the time of trial.
2. Admitted.
3. Admitted in part, denied in part. It is admitted that a collision occurred at
the date, time, and place of the subject accident. The remaining allegations of the
Complaint are admitted or denied as set forth below herein.
4. After reasonable investigation, the Defendant has insufficient
as to the truth or falsity of said averments, therefore said averments are
strict proof thereof is demanded at the time of trial.
5. Admitted.
6. Admitted.
7. Admitted.
8. After reasonable investigation, the Defendant has insufficient information
as to the truth or falsity of said averments, therefore said averments are denied and
strict proof thereof is demanded at the time of trial.
9. Admitted in part, denied in part. It is admitted that a collision occurred at
the date, time, and place of the subject accident. The remaining allegations of
paragraph 9 state legal conclusions to which no response is required. To the extent,
however, that a response is deemed necessary, said averments are denied generally
pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of
trial.
information
denied and
10. Denied. Paragraph 10 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
11. Denied. Paragraph 11 and its subparts state legal conclusions to which
no response is required. To the extent, however, that a response is deemed necessary,
it is denied that the Defendant:
2
a. Turned 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
75 Pa. C.S.A. § 3322 and applicable law;
b. Made an improper or careless turn;
c. Failed to follow duties at intersections in violations of 75 Pa.
C.S.A. § 3321 and applicable law;
d. Failed to slow or stop the vehicle she was operating so as to
avoid a collision;
e. Failed to yield the right-of-way to Plaintiff's motorcycle;
f. Failed to obey traffic control devices in violation of 75 Pa. C.S.A.
§3111 and applicable law;
g.
Made an improper left turn in violation of 75 Pa. C.S.A. §3331
and applicable law;
h. Moved her vehicle when it was not safe to do so in violation of
75 Pa. C.S.A. § 3333 and applicable law;
Turned her vehicle when it was not safe to do so in violation of
75 Pa. C.S.A. §3334 and applicable law;
Turned into a traffic lane or entered a traffic stream when it was not
safe to do so in violation of 75 Pa. C.S.A. § 3334 and applicable
law;
k. Failed to drive at a safe and appropriate speed under the
circumstances, including when approaching or entering an
intersection in violation of 75 Pa. C.S.A. §3361 and applicable law;
Operated the vehicle at an excessive rate of speed under the
circumstances in violation of 75 Pa. C.S.A. § 3361 and applicable
law;
m. Failed to yield the right-of-way to traffic already upon the roadway;
n. Operated her vehicle in careless disregard for the safety of persons
and/or property in violation of 75 Pa. C.S.A. § 3714 and applicable
law;
o. Failed to apply the brakes to the vehicle she was operating or take
other evasive action to avoid a collision with the motorcycle
Plaintiff was operating;
P. Failed to give warning to Plaintiff of her impending collision with
Plaintiff's motorcycle;
q. Failed to observe Plaintiff's motorcycle and other vehicles on the
roadway;
r. Failed to maintain adequate control of the vehicle she was
operating in order to avoid a collision;
s. Failed to make sure the roadway was clear before turning;
t. Failed to keep her eyes on the roadway;
u. Operated her vehicle while distracted;
v. Failed to stay alert to traffic;
w. Failed to operate her vehicle in accordance with existing traffic
conditions and traffic controls;
x. Failed to exercise the high degree of care required of a motorist
entering an intersection;
y. Failed to keep alert and maintain a proper lookout for the presence
of other motor vehicles and/or motorcycles on the streets and
highways;
z. Failed to familiarize herself with the roadways and her
surroundings;
aa. Failed to pay attention to her surroundings;
dd. Failed to keep her vehicle under proper and adequate control so as
not to expose others to an unreasonable risk of harm;
ee. Failed to make a safe left turn; and
ff. Carelessly and/or negligently collided into Plaintiffs motorcycle.
12. Denied. Paragraph 12 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
13. Denied. Paragraph 13 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
14. Denied. Paragraph 14 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
15. Denied. Paragraph 15 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
16. Denied. Paragraph 16 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
17. Denied. Paragraph 17 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
5
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
18. Denied. Paragraph 18 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
19. Denied. Paragraph 19 states a legal conclusion to which no response is
required. To the extent, however, that a response is deemed necessary, said
averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof
thereof is demanded at the time of trial.
WHEREFORE, the Defendant, Barbara Danner, respectfully requests this
Honorable Court enter judgment in her favor and against the Plaintiff with costs and
prejudice imposed.
NEW MATTER
By way of additional answer and reply, the Defendant, Barbara Danner, raises
the following New Matters:
20. Some or all of the Plaintiff's claims may be barred in whole or in part
and/or are limited by the provisions of the Pennsylvania Motor Vehicle Financial
Responsibility Law, 75 Pa.C.S. § 1701, et seq. and especially by §§ 1705 and 1722 of
that law.
21. Discovery may reveal that the Plaintiff failed to mitigate his damages.
6
22. To the extent that some of the Plaintiff's damages have been paid for in
the past or will be payable in the future by insurance, group contract or other
arrangement for payment, then claims for those damages are barred by § 1722 of the
Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1722, and by
the defense of payment generally.
23. Discovery may reveal that some of Plaintiff's medical conditions and
limitations preexisted the date of the subject accident and were not caused or
aggravated by the accident.
24. Discovery may reveal that some of Plaintiff's medical conditions and
limitations were caused or aggravated by events that occurred subsequent to the date
of the subject accident.
25. That Plaintiff may have failed to mitigate his alleged injuries.
26. The Plaintiff's own contributory negligence and/or comparative negligence
was a substantial factor or cause of the happening of the accident and Plaintiff's
injuries.
27. That Plaintiff's alleged cause of action may have been caused by an
intervening/superseding cause.
7
WHEREFORE, the Defendant, Barbara Danner, respectfully requests this
Honorable Court enter judgment in her favor and against the Plaintiff with costs and
prejudice imposed.
Date: August 14, 2014
640406
22740-3286
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
8
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendant
VERIFICATION
1, MATTHEW RIDLEY, hereby acknowledge that I am counsel for Barbara Danner in this
action; that I have sufficient knowledge or information and belief of the facts contained in the
Answer and New Matter; that the Verification from Barbara Danner cannot be obtained within
the time allowed for filing the Answer and New Matter; and that the verification is made in
accordance with Pa. R.C.P. No. 1024(c).
I understand that any knowingly false statements herein are made subject to penalties of
18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
MATTHEW RIDLEY, ESQUIRE
DATE: August 14, 2014
646067
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on August 14, 2014:
Zachary D. Campbell, Esquire
Metzger, Wickersham, P.C.
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
JOHNSON, DUFFIE, STEWART & WEIDNER
By: voiv.uut-
Miche . E. Neff, Legal S "c
Matthew Ridley, Esquire
ry to
METZGER, WICKERSHAM, P.C.
By: Zachary D. Campbell, Esquire
Attorney I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187
�`r
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ra I'ROTHO= <<<-
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2014 AUC; 22 M11: 27
CUMBERLAND COUNT,,'
PENNSYLVANIA
IA
Attorneys for Plaintiff
JAMEL MITCHELL,
Plaintiff
vs.
BARBARA DANNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 14-3869 Civil
CIVIL ACTION — LAW
WITHIN ARBITRATION LIMITS
PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER
20. The averments contained in paragraph 20 of Defendant's New Matter are denied
as conclusions of law to which no reply is required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Plaintiff's claims are not barred by any provision of the Pennsylvania Motor Vehicle Financial
Responsibility Law, including under § 1722, if applicable and, as a result, Plaintiff cannot more
specifically reply to Paragraph 20 of Defendant's New Matter. By way of further reply, Plaintiff
is not barred by any provision of the Pennsylvania Motor Vehicle Financial Responsibility Law.
Strict proof of the same is demanded.
21. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply,
Plaintiff, Jamel Mitchell, has sought the necessary medical treatment and has mitigated his
damages the best he could.
559285-1
22. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Plaintiff's claims are not barred by any provision of the Pennsylvania Motor Vehicle Financial
Responsibility Law, including under § 1722, if applicable. Furthermore, Plaintiff agrees that he
cannot recover first party medical and wage loss benefits paid by his automobile insurance but he
can recover any amount unpaid and/or in excess.
23. Denied. The averments are specifically denied pursuant to Pa.R.C.P. No. 1029(e).
It is specifically denied that any of Plaintiff's injuries suffered in the incident were pre-existing
to the accident on April 9, 2014. By way of further reply, Defendant has not identified or
specified what injuries are pre-existing and Plaintiff cannot more specifically reply and strict
proof of the same is demanded at trial.
24. Denied. The averments are specifically denied pursuant to Pa.R.C.P. No. 1029(e).
It is specifically denied that any of Plaintiff's injuries suffered in the incident were pre-existing
to the accident on April 9, 2014. By way of further reply, Defendant has not identified or
specified what injuries were aggravated and Plaintiff cannot more specifically reply and strict
proof of the same is demanded at trial.
25. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply,
Plaintiff, Jamel Mitchell, has sought the necessary medical treatment and has mitigated his
injuries the best he could.
26. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa. R.C.P. No. 1029(e) and 1030(note). By way of
further reply, it is specifically denied that the Plaintiff was contributorily and/or comparatively
559285-1
negligent, thereby limiting and/or barring any recovery. To the contrary, Plaintiff was not
negligent in any manner. Finally, it is specifically averred that Plaintiffs injuries were caused
as a direct and proximate result of Defendant's negligence as specifically set forth in the
Complaint that was filed in this action. Strict proof of the contrary is demanded.
27. Conclusions of law, no reply required. If a reply is required, the averments are
specifically denied and denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply,
Defendant has failed to specify what superseding and/or intervening cause they are referring to in
this averment and, therefore, Plaintiff cannot more specifically respond. Strict proof of
Defendant's assertion of a superseding/intervening event is demanded at the time of trial.
WHEREFORE, Plaintiff, Jamel Mitchell, respectfully requests that Defendant, Barbara
Danner's New Matter be dismissed and that judgment be entered in his favor and against
Defendant as requested in the Complaint filed in this action.
Dated: alas)
559285-1
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
, 2014
Zacha?y Campbell, Esquire
Attorney I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187
(717) 234-9478 (fax)
Attorneys for Plaintiff
VERIFICATION
I, Jamel Mitchell, hereby certify that the following is correct:
The facts set forth in the foregoing Reply to New Matter are based upon information which I
have furnished to counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behalf in this matter. The language of the Reply to New Matter is that of
counsel and not my own. I have read the Reply to New Matter, 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 content of the Reply to New Matter is that of counsel,
I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set
forth in the aforesaid Reply to New Matter are made subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities.
Dated: 810/14
559285-1
Jamel itchell
CERTIFICATE OF SERVICE
I, Zachary D. Campbell, Esquire, of the law firm of Metzger, Wickersham, Knauss &
Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Reply to Defendant's
Answer And New Matter with reference to the foregoing action by first class mail, postage
prepaid, this ZO day of 411 , 2014, on the following:
Defendant, Barbara Danner
c/o Matthew Ridley, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
P.O. Box 109
Lemoyne, PA 17043-0109
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Zac Campbell, Esquire
559285-1
01- THE PROTHOHOTAi
SEP 17 PH 1: 2L.
CUMBERLAND COUNTY
JOHNSON, DUFFIE, STEWART & WEIDNER pENNSYLVANIA
By: Matthew Ridley
I.D. No. 204265
301 Market Street
P. 0. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
mr@jdsw.com
Attorneys for Defendant
JAMEL MITCHELL, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 14-3869 Civil
V.
: CIVIL ACTION LAW
BARBARA DANNER,
Defendant JURY OF 12 PERSONS DEMANDED
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached Verification of Barbara Danner, for the original Verification
by the undersigned and attach to Defendant's Answer with New Matter to Plaintiff's Complaint
filed on August 15, 2014, in the above -captioned action.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
77.
By:
Date: September 16, 2014
651904
22740-3286
Matthew Ridley, Esquire
Attorney I.D. No. 204265
301 Market Street, P.O. Box 109
Lemoyne, PA 17043-0109
Telephone: (717) 761-4540
Email: mr@jdsw.com
Attorneys for Defendant, Barbara Danner
VERIFICATION
I, Barbara Danner, hereby acknowledge that I am a Defendant in this action; that
I have read the foregoing Answer and New Matter of Defendant to Plaintiff's Complaint;
and that the facts stated therein are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date:
94/x
Barbara Danner
9
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon
the following counsel of record, by depositing the same in the United States Mail,
postage prepaid, in Lemoyne, Pennsylvania, on September 16, 2014:
Zachary D. Campbell, Esquire
Metzger, Wickersham, P.C.
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Miche e E. Neff, Legal Sedr tary to
Matthew Ridley, Esquire
METZGER, WICKERSHAM, P.C.
By: Zachary D. Campbell, Esquire
Attorney I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187
r
L.F ,_ !'ROT e,,:!0 A!
ZX64 DEC -8 Pi -t 3: 20
CUH 'ERLLID
PE Jt'sYLVI TY
Attorneys for Plaintiff
JAMEL MITCHELL,
Plaintiff
vs.
BARBARA DANNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 14-3869 Civil
CIVIL ACTION — LAW
WITHIN ARBITRATION LIMITS
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above captioned matter settled, discontinued and ended.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
Dated: IZ 'S
Zachary D. Campbell, Esquire
Attorney I.D. No. 93177
2321 Paxton Church Road
P.O. Box 69200
Harrisburg, PA 17106-9200
(717) 238-8187
Attorneys for Plaintiff