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Home My WebLink About05-4045BROWNSTEIN VITALE & WEISS, P.C. BY: Edward R. Weiss, Esquire Identification No.: 36675 Frank Pollock, Esquire Identification No.: 80172 1308 Spruce Street Philadelphia, PA 19107 215-732-4780 CHARLIE GODLEY 6445 Hollow Drive East Petersburg, PA 17520 v. JENNIFER TEMP Attorney for Plaintiff(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: Q $' - ~~S' ~~ v ~ 1904 Georgia Avenue . Carlisle, PA 17013 IMPORTANT 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 WRrfTEN APPEARANCE PERSONALLY OR BY AN 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 THIS CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE OF 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 CET HELP. AVISO IMPORTANTE LE HAN DEMANDADO A U5TED EN LA CORTE. SI U5TED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS 5IGUIENTAS, U5TED TIENE VElNTE (20) DIA5 DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. HACA FALTA ASENTAR UNA COMPARENCIA E5CRITA O EN PERSONA O CON UN ABOGADO Y ENTRECAR A 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 TOMARA MEDIDAS Y PUEDE CONTINUAR LA DEMANDA EN CONTRA SUYA SIN PREVIO AVISO O NOTIFICACION. ADEMAS, LA CORTE PUEDE DECIDIR A FAVOR DEL DEMANDANTE Y REQUIERE QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. USTED PUEDE PERER DINERO O SUS PROPIEDADES U OTROS DERECHOS IMPORTANTES PARAU5TED. LIEVAESTA DEMANDA A UN ABOGADO IMMEDIA.TAMENTE. SI NO TIENE ABOGADO O SI NO T[ENE EL DINERO SUFIC[ENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA A LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDS SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Assn. 32 South Bedford Street Carlisle, PA 17013 717-249-3166 BROWNSTEIN VITALE & WEISS, P.C. BY: Edward R. Weiss, Esquire Identification No.: 36675 Frank Pollock, Esquire Identification No.: 80172 1308 Spruce Street Philadelphia, PA 19107 215-732-4780 Attorney for Plaintiff(s) CHARLIE GODLEY 6445 Hollow Drive East Petersburg, PA 17520 v. JENNIFER TEMP COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKETNO.:OS-~/O~!$ ~av~h l5 1904 Georgia Avenue Carlisle, PA 17013 COMPLAINT IN CIVII. ACTION 1. Plaintiff, Chazlie Godley [hereinafter Plaintiff) is an adult individual residing at the address set forth above. 2. Defendant, Jennifer Temp [hereinafter Defendant] is an adult individual residing at the address set forth above. 3. At all times material hereto, Defendant was the owner and/or operator of that certain motor vehicle involved in an accident on or about October 14, 2004. 4. At all times material hereto, Plaintiff was the owner and/or operator of that certain motor vehicle involved in an accident on or about October 14, 2004. 5. On or about October 14, 2004, Plaintiff was operating a motor vehicle which was at a stop on South 32°' Street in the left turn lane at its intersection with Harvard Avenue at which time Defendant did so carelessly and negligently operate her own vehicle so as to cause it to violently crash -1- into the vehicle occupied by Plaintiff causing Plaintiff to sustain serious and permanent injury and damage to his vehicle. 6. Either by election on his own automobile insurance policy, if any, or by operation of law, Plaintiffmay avail himself of the Full Tort Option as set forth in 75 Pa. C.S. § 1705 and is in no way limited in the amount he is entitled to recover from Defendant as a result of the negligence of Defendant in causing the accident described herein.. 7. The negligence and carelessness of Defendant, acting as aforesaid, consisted of the following: a. operating his vehicle at an excessive rate of speed under the conditions or circumstances then extant; b. failing to maintain proper and adequate control of his vehicle at all times material hereto; c. operating her vehicle in a reckless manner with no regard for the safety of the others on the road, one of whom was Plaintiff; d. failing to exercise due and proper care under the conditions or circumstances then extant; e. failing to maintain a proper lookout; f. violation of the laws, ordinances or regulations of the Commonwealth of Pennsylvania pertaining to and mandating proper operation ofa motor vehicle; such violation constituting negligence per se; g. being careless, reckless and negligent as a matter of law. h. following too closely. -2- The aforesaid accident was due solely to the negligence and carelessness ofDefendant acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. As a direct result of the negligence of Defendant acting as aforesaid, Plaintiff was caused to suffer and did sustain serious and permanent injuries to his head, neck, back, arms, legs, and body, in addition to serious and permanent injuries to the bones, muscles, tendons, ligaments, nerves, and tissues of his head, neck, back, arms, legs and body. 10. As a further direct result of the negligence ofDefendant acting as aforesaid, Plaintiff has been or will be required to receive and undergo medical attention and care, and to expend various sums of money and to incur various expenses for the injuries he has suffered, and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future. 11. As a further direct result ofthe negligence ofDefendant acting as aforesaid, Plaintiff has or may suffer a severe loss of his earnings and impairment of his earning power and capacity at present or for some period in the future. 12. As a further direct result of the negligence ofDefendant acting as aforesaid, Plaintiff has suffered medically determinable physical and\or mental impairment which prevent him from performing all or substantially all of the material acts and duties which constitute his usual and customary activities. 13. As a further direct result of the negligence ofDefendant acting as aforesaid, Plaintiff has or may hereafter incur other financial expenses which do or may exceed amounts which he may otherwise be entitled to recover. 14. As a further direct result of the negligence ofDefendant acting as aforesaid, Plaintiff -3- has suffered severe physical pain, mental anguish and humiliation, and he may continue to suffer the same for an indefinite time in the future. 15. As a further direct result of the negligence ofDefendant acting as aforesaid, the motor vehicle owned by Plaintiff was rendered a total loss. WHEREFORE, Plaintiffdemands judgment against Defendant in an amount not excess of $50,000.00, together with any and all other costs permitted by law or which the Court may deem just. BROWNSTEIN VITALE &WEISS, P.C. B C~ FRANK POLLOCK, ESQUIRE ATTORNEY FOR PLAINTIFF(S) -4- VERIFICATION hereby states that he\she is the Plaintiffin this action and does hereby verify that the statement made in the Pleading to which this verification is attached are true and correct to the best of hisUrer knowledge, information and belief. The undersigned understands and accepts that the statements made therein are made subject to the penalties relating to the unsworn falsification to authorities. DATED: rl 'Z4-U5 VERIFICATION C~-~, R ~d~ hereby states that he\she is the Plaintiffin this action and does hereby verify that the statements made in the Pleading to which this verification is attached are true and correct to the best of his\her knowledge, information and belief. The undersigned understands and accepts that the statements made therein are made subject to the penalties relating to the unsworn falsification to authorities. DATED: '~~ ~~, _T (J '~9, ~ d ~ ~ ~~ V c7 ~ o c ~ -„ S. Z7 f-:7 7t+ ri,~n -; ~ c ~ mT' r _.z [ . I _D ~ (.' ~ .:" r m `ICJ ;`~: ~.: (". y ~ `l~~ ~ ~ W ~ ~ W i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLIE GODLEY, CIVIL DIVISION Plaintiff, NO. 05-4045 v. PRAECIPE FOR APPEARANCE JENNIFER TEMP, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I. D, #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717)901-5916 #14041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLIE GODLEY, CIVIL DIVISION Plaintiff, v. NO. 05-4045 JENNIFER TEMP, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Jennifer Temp, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8r SKEEL, L.L.P. By: Kevin D. Rauch, Esquire Counsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has be n mailed by U. .Mail to counsel of record via first class mail, postage pre-paid, this day of , 2005. Frank Pollock, Esquire Brownstein, Vitale & Weiss, P.C. 1308 Spruce Street Philadelphia, PA 19107 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin D. Rauch, Esquire Counsel for Defendant i C ~.~ c_~ ~.7 . (` ~~ trr -3l [~ - ~` s--7 1^. ~,, _ ...41 ..., 1 _ -~ ~e ~( .1 ' __ ~{ ~I (.. 'J ~ ~ SHERIFF'S RETURN - REGULAR CASE N0: 2005-04045 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GODLEY CHARL VS TEMP JENNIFER BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTI was served upon TEMP JENNIFER the DEFENDANT at 1021:00 HOURS, on the 26th day of August 2005 at 1904 GEORGE AVENUE CARLISLE, PA 17013 JENNIFER TEMP by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.00 Affidavit .00 Surcharge 10.00 .00 32.00 Sworn and Subscribed to before me thJ'i_s ~ ~ day of 7C~M ~ ~ ~Ej f A . D . rotho y So Answer/~~~ ~~ " l~ R. Thomas Kline 08/29/2005 Brownstein, Vitale ~ W iss PC By ~ ~j~~~~"' - ` ~t Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLIE GODLEY, Plaintiff, v. JENNIFER TEMP, Defendant. TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from se ice reof o a judgment mayla~~ent ag ' st you. Guthrie & Skeel, L.L.P. Hudock, CIVIL DIVISION NO. 05-4045 ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717)901-5916 #14041 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLIE GODLEY, CIVIL DIVISION Plaintiff, v. NO. 05-4045 JENNIFER TEMP, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Jennifer Temp, by and through her counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 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. 4. 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. 5. Paragraph 5 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. 6. Paragraph 6 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. 7. Paragraph 7 and all of its subparts 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. 8. Paragraph 8 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. 9. Paragraph 9 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. 10. 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. Paragraph 11 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. 12. 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. 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. 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. 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. WHEREFORE, Defendant, Jennifer Temp, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed, NEW MATTER 16. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 17. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility law and/or other collateral sources and same may not be duplicated in the present lawsuit. 18. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility haw as a bar to the Plaintiffs ability to recover non-economic damages. 19. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania law as a complete or partial bar to any recovery by Plaintiff in this action. WHEREFORE, Defendant, Jennifer Temp, respectfully requests this Honorable Court enter judgment in her favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By.-- ~L~!N~~-- I n D. Rauch, Esquire ounsel for Defendant VERIFICATION Defendant verifies that she is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which she has furnished to her counsel and information which has been gathered by her counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, she has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: / ~ ~ ~ C S ~--- LL rC/~- ` ~ ~~ nnifer T p T a~aoa~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U ail to counsel of record via first class mail, postage pre-paid, this ~~ day of _, 2005. Frank Pollock, Esquire Brownstein, Vitale & Weiss, P.C. 1308 Spruce Street Philadelphia, PA 19107 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8~ SKEEL, L.L.P. By: evin D. Rauch, Esquire Counsel for Defendant n~ (" i t~ „ -tt . ~~ ~ ~ ~~~ 1 ` lD ,! ) ~i l l ° ftl .. _ `J { ~ ~G BROWNSTEIN VITALE &WEISS, P.C. BY: Edward R Weiss, Esquire Identification No.: 36675 Frank Pollock, Esquire Identification No.: 80172 1308 Spruce Street Philadelphia, PA 19107 215-732-4780 Attorney for Plaintiff(s) CHARLIE GODLEY v. COURT OF COMMON PLEAS CUMBERLAND COUNTY JENNIFER TEMP DOCKET NO.: OS-4045 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 16. Denied as a conclusion of law to which no response is required by the applicable Pennsylvania Rules of Civil Procedure. 17. Denied as a conclusion of law to which no response is required by the applicable Pennsylvania Rules of Civil Procedure. 18, Denied as a conclusion of law to which no response is required by the applicable Pennsylvania Rules of Civil Procedure. By way of further answer, Plaintiff has not selected the limited tort option and, therefore, his ability to recover damages of any kind is in no way limited. 19. Denied as a conclusion of law to which no response is required by the applicable Pennsylvania Rules of Civil Procedure. BRO SITALE &WEISS, P.C. ~~~ BY`~ / FRANK POLLOCK, ESQUIRE ATTORNEY FOR PLAINTIFF(S) t-o i 1 G• ;~0~1 BROWNSTEIN VITALE &WEISS, P.C. BY: Edward R. Weiss, Esquire Identification No.: 36675 Frank Pollock, Esquire Identification No.: 80172 1308 Spruce Street Philadelphia, PA 19107 215-732-4780 Attorney for Plaintiff(s) CHARLIE GODLEY COURT OF COMMON PLEAS CUMBERLAND COUNTY v. JENNIFER TEMP DOCKET NO.: OS-.4045 ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED and ENDED upon payment of your costs only. BROWNSTEIN VITALE &WEISS, P.C. FRANK POLLOCK, ESQUIRE ATTORNEY FOR PLAINTIFF(S) C~ o Q ~ ~.; ._.. '" - S'C'I -" C7 ~ rt -r,~ ~,:s ~- . - -c~ ~ -r j ~ '-~G C~