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HomeMy WebLinkAbout02-1207RITA and ROBERT DESANTIS, Plaintiffs, Vo NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. tSa - 7 JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (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 tomara medidas y puede enlrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. 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 ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 243095. I'uMTG\LC3 ORIGINAL RITA and ROBERT DESANTIS, Plaintiffs, V. NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. C,a- 00? JURY TRIAL DEMANDED Dearborn, Michigan. 2. Defendant Neal Raudabaugh is a minor individual and a citizen of the Commonwealth of Pennsylvania who resides at 1105 Copper Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about August 25, 2001 at approximately 9:35 a.m., on the Carlisle Fairgrounds. 4. At that time and place, Mrs. DeSantis and her husband were walking along a pedestrian path while attending a Corvette show held on the Carlisle Fairgrounds. 5. At the same time, the Defendant, then thirteen years old, was operating an EZ GO Golf Cart along the pedestrian path at the Carlisle Fairgrounds. 6. The Defendant caused the golf cart he was operating to collide into the back of Mrs. DeSantis' right foot and ankle near her Achilles tendon. 7. The foregoing accident and all of the injuries and damages set forth hereinafter are the direct and proximate results of the negligent, careless, wanton, and reckless manner in which Neal Raudabaugh operated the golf cart as follows: COMPLAINT Plaintiffs Rita and Robert DeSantis are married adult individuals who reside in 243095. I~MTG\LC3 a) failure to keep alert and maintain a proper watch for the presence of pedestrians; b) failure to keep proper and adequate control over the golf cart; c) operating a golf cart on a pedestrian path that was crowded; and d) driving the vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others. CLAIM I Rita DeSantis v. Neal Raudabaugh 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. As a result of the aforementioned collision, Mrs. DeSantis suffered painful and severe injuries including, but not limited to, contusion, swelling, and loss of range of motion of her right ankle, ecchymosis over the lateral malleolus and heal of her right foot, and aggravation of a prior existing shoulder injury resulting in shoulder pain. 10. By reason of her aforesaid injuries, Mrs. DeSantis was forced to incur liability for medical treatment, medications, physical therapy, and similar miscellaneous expenses in an effort to restore herself to health, and a claim is made therefor. 11. Because of the nature of her injuries, Mrs. DeSantis has been advised, and therefore avers, that she may be forced to incur similar medical expenses in the future, and a claim is made therefor. 12. As a result of the aforementioned injuries, Mrs. DeSantis has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, and loss of life's pleasures and enjoyment, and a claim is made therefor. 13. As a result of the aforementioned injuries, Mrs. DeSantis has been and in the future may be subject to embarrassment and humiliation, and a claim is made therefor. 243095. I hMTG\LC3 14. As a result of the aforementioned injuries, Mrs. DeSantis has suffered work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and a claim is made therefor. 15. Mrs. DeSantis continues to be plagued by persistent pain and limitation and therefore avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and a claim is made therefor. CLAIM II Robert DeSantis v. Neal Raudabaugh 16. Paragraphs 1 through 15 are incorporated herein by reference. 17. As a result the aforementioned injuries sustained by Plaintiff Rita DeSantis, Plaintiff Robert DeSantis has been, and in the future may be, deprived of the care, compassion, consortium, and society of his wife, all of which will result to his great detriment, and a claim is made therefor. WHEREFORE, Plaintiffs Rita DeSantis and Robert DeSantis demand judgment against Neal Raudabaugh in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 243095. I hMTG\LC3 VERIFICATION We, Rita DeSantis and Robert DeSantis, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are tree and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. WITNESS: Rita DeSantis Robert DeSantis Dated: 243095. I'~ITG~LC3 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for D~F~.~Aant _~ m~dnhg~,mh RITA and ROBERT DESANTIS, Plaintiffs Vo NEAL RAUDABAUGH, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CML ACTION - LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg, Katzman Shipman, P.C. on behalf Defendant Neal Raudabangh. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market S~xeet P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Raudabaugh CERTIFICATE OF SERVICE. I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C BY: SHERIFF'S RETURN - REGULAR CASE NO: 2002-01207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DESANTIS RITA ET AL VS P~AUDABAUGH NEAL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAUDABAUGH NEAL the DEFENDANT , at 2139:00 HOURS, on the 13th day of March , 2002 at 6 BRIAN DRIVE BOILING SPRINGS, PA 17007 by handing to NEAL RAUDABAUGH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~/~ ~ day of ~ ~,~2J A.D. ~ ~rothonot~r~-' So Answers: R. Thomas Kline 03/14/2002 ANGINO & ROVNER Deputy Sheriff Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SH/PMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attomev for Defendant Raudabough RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED PRAECIPE FOR JOINDER OF ADDITIONAL DEFENDANTS Please issue a Writ of Summons to join Harry Fair at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013 and Carlisle Productions, Inc. at, 1000 Bvfn Mawr Road, Carlisle, Pennsylvania 17013 as Additional Defendants in this matter. Date: q////O~.-- GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Raudabaugh CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire Date: 77916.1 WRIT TO JOINED AN ADDITIONAL DEFENDANT RITA AND ROBERT DESANTIS Plaintiff V$ NEAL RAUDABAUGH Defendant No.02-1207 Civil Term Cumberland County, ss: The Commonwealth of Pennsylvania to HARRY FAIR AND CARLISLE PRODUCTIONS, INC., 1000 BRYN MAWR ROAD, CARLISLE, PA 17013 (Name of Additional Defendant) You are notified that RITA AND ROBERT DESANTIS (Name (s) of Defendant (s)) has (have) joined you as an additional defendant in this action, which you are required to defend. DateAPRIL 12, 2002 CURTIS R. LONG Prothonotary Deputy (SEAL) REQUESTING PARTY: Name: THOMAS E. BRENNER, ESQUIRE Address: GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 MARKET STREET P O BOX 1268 HARRISBURG, PA 17108-1268 Attorney for: Plaintiff Telephone: 717-234-4161 SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-01207 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DESANTIS RITA ET AL VS RAUDABAUGH NEAL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, ADD'L DEFENDANT FAIR HARRY unable to locate Him COMPLAINT & NOTICE but was in his bailiwick. He therefore returns the the within named ADD'L DEFENDANT, FAIR HARRY HARRY FAIR WAS NOT KNOWN AT ADDRESS GIVEN. , NOT FOUND , as to HE HAS NOTHING TO DO WITH CARLISLE PRODUCTIONS. Sheriff's Costs: Docketing 18.00 Service 4.14 Not Found 5.00 Surcharge 10.00 .00 37.14 Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN 04/ 9/2oo2 Sworn and subscribed to before me this ~ day of~ ~o~2~ A.D. Pro~ndnota~y ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-01207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DESANTIS RITA ET AL VS RAUDABAUGH NEAL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE PRODUCTIONS the ADD'L DEFENDANT, at 1020:00 HOURS, on the 17th day of April at 1000 BRYN MAWR ROAD CARLISLE, PA 17013 REBECCA SPAHR a true and attested copy of COMPLAINT & NOTICE , 2002 by handing to EVENT COORDINATOR together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~/~ ~7~8~ ~ A.D. 'P~ot honor ary .' t - So Answers: R. Thomas Kline 04/19/2002 GOLDBERG KATZMAN SHIPMAN By: ~  ~y Sheriff WRIT TO JOINED AN ADDITIONAL DEFENDANT RITA AND ROBERT DESANTIS Plaintiff V$ NEAL RAUDABAUGH Defendant No.02-1207 Civil Term Cumberland County, ss: The Commonwealth of Pennsylvania to HARRY FAIR AND CARLISLE PRODUCTIONS, INC., 1000 BRYN MAWR ROAD, CARLISLE, PA 17013 (Name of Additional Defendant) You are notified that RITA AND ROBERT DESANTIS (Name (s) of Defendant (s)) has (have) joined you as an additional defendant in this action, which you are required to defend. DateAPRIL 12, 2002 CURTIS R. LONG Prothonotary (SEAL) REQUESTING PARTY: Name: THOMAS E. BRENNER, ESQUIRE Address: GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 MARKET STREET P O BOX 1268 HARRISBURG, PA 17108-1268 Attorney for: Plaintiff Telephone: 717-234-4161 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Rita and Robert Desantis, Plaintiffs c/o David L. Lutz, Esquire Angino & Rover 4503 N. Front Street Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. Date :c~'~//~ f//~O /t GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Defendant Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Hamsburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, ' Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant Neal Raudabaugh, by his attorneys, Goldberg, Katzman, Shipman, P.C., who state: 2. 3. 4. 5. 6. 7. wanton, or reckless. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. It is denied that Defendant Raudabaugh was negligent, careless, In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). CLAIM I reference. 9. 10. 11. 12. 13. 14. 15. The answers to paragraphs 1 through 7 are incorporated herein by Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 16. reference. 17. CLAIM II The answers to paragraphs 1 through 15 are incorporated herein by Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e) WHEREFORE, Defendant Raudabaugh requests that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 18. Plaintiff's injuries, if any, arose from her comparative negligence under the circumstances. 19. Plaintiff's claims relate to injuries or conditions unrelated to the incident described in the Complaint. WHEREFORE, Defendant Neal Raudabaugh requests that the Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: ~homa~-fi~. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Randabaugh VERIFICATION I, Neal Raudabaugh, hereby acknowledge that I am the Defendant in this action, that I have read the foregoing document, 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 unswom falsification to authorities. Date: 5'-'/3 0/~ ~. Neal Raudabaugh CERTIFICATE OF SERVICE I hereby cerffy that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Date: ~ ~/O,,L~ GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 77378.1 RITA and ROBERT DESANTIS, Plaintiffs, NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-1207 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 18. Denied. Plaintiff Rim DeSantis is at a loss as to how she can be negligent. Her Complaint has averred that she was walking along a marked walkway at a car show when the Defendant, operating a golf cart, collided into the rear of her. The Defendant's allegation that PlaintiffRita DeSantis was negligent is without merit. 19. Denied. The Plaintiffs' Complaint is very specific. Plaintiff Rita DeSantis was injured when the Defendant, operating a golf cart, collided in to the rear of her. WHEREFORE, the Plaintiffs respectfully request that the Defendant's New Matter be dismissed. Date: ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 247035. I~DLL~ITG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law finn of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER upon all counsel of record via potage prepaid first class United States mail addressed as follows: Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant 247035.1 ~DLL~MTG Thomas E. Brenner, Esquire GOLDBERG, KATZMAN 8: SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Term NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS · Additional Defendants · 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notification y pot cualquier quja o puede perder dinero o sus propiedades 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plainfifs NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED COMPLAINT AGAINST ADDITIONAL DEFENDANTS AND NOW, comes Defendant Neal Raudabaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C. who states: 1. The present action was initiated by Complaint filed on or about March 11, 2002. A copy is attached hereto as Exhibit A. 2. Defendant Neal Raudabaugh has filed an Answer to the Complaint, attached hereto as Exhibit "B". 3. Additional Defendant, Harry Fair, is an adult individual residing at 816 Lisburn Road, Carlisle, Cumberland County, Pennsylvania. 4. Defendant, Carlisle Productions, is a business entity with an address of 1000 Bryn Mawr Road, Carlisle, Cumberland County, Pennsylvania. 5. Defendant Neal Raudabaugh, at the time of the event referred to in the Complaint, was operating an EZ GO golf cart owned by Additional Defendant Carlisle Productions or Additional Defendant Harry Fair. 6. Should Defendant Raudabaugh be found liable on the Plaintiffs' claims, which liability is specifically denied, as he acted as the servant or agent of Additional Defendants Carlisle Productions and/or Additional Defendant Harry Fair, they are vicariously liable for his actions. 7. In the alternative, should Defendant Raudabaugh be found liable on the Plaintiffs' claims, which liability is specifically denied, as he acted as a permitted user of the golf car owned by Additional Defendant Carlisle Production and/or Additional Defendant Harry Fair, they are responsible for the Plaintiffs' claims. WHEREFORE, Defendant Neal Raudabaugh demands judgment against Additional Defendants Carlisle Productions and/or Harry Fair, finding them liable over on the Plaintiffs' claims or liable for indemnity or contribution on the Plaintiffs' claims. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: ~o/)7/o 2-~ 79408.1 Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Raudabaugh RITA ~d ROBERT DESANTIS, Plaintiffs, NEAL RAUDABAUOH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CML ACTION - LAW JURY TRIAL DEMANDED You have been ~md in court. If you wl~h ta defend &pinet the e~s mint ~e ~ w~i~ ~ (20) ~ m~ ~is C~pin~ ~d N~ ~ f~ ~ you. Ym ~ w~d ~t if you ~1 to do so ~e c~ may ~e~ o~er cin~ or retief~ue~cd by ~e Pin~ff. You mey lose m~ ~ p~ or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW~ER OR CANNOT AFFORD ONE. t30 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FI'ND OUT WI-IEILI~ YOU CAN GET L~OAL I~LP. COURT ADMINISTRATOR Fl., Cumberlnnd County Couz~m~ Cmli~ie, Pcnnsylvanin 19101 (?17) 2a0.6200 ~o~c~ LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TFENE ABO(3ADO O SI NO TIENE EL DINERO SUFICIENTE DE PAOAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR.ITA ABA,IO PARA AVERIOUAR DONDE SE PUEDE CONSEOUIR A$1STENCIA LEOAL. COURT ADMXNISTRATOR 4th FI., Cumberland Count,/Cou~hou~ Carlisle. Pmm~ylvsnia 17101 (717) 240-6200 24309~.I~MTCRLC3 TRUE COPY RITA and ROB£RT D£$ANTIS, Pin,miffs, NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW -- NO. JURY TRIAL DEMANDED Plaintiffs Rita end Robert DeSantis erg men'ted ~tdult individuals wire reside in Dearborn, Michigan. 2. Defendant Nee] Raudabaugh is a minor individ~_ml and a citizen of the Commonwealth of Pennsylvania who resides et 110~ COpper Creek Drive, Mechaniesburg, Ct~-nberland County, Peunsylvani._ 3. Thc facts and occurrences hct~'~mfler rela~:d took place on or about Augu:lt 25, 2001 at approximately 9:35 a.m., on the Carlisle Fairgrounds. 4. At that time and place, Mrs. DeSantis and her husband were walking along a pedestrian path while attending a Corvette show held on the Carlisle Fairgrounds. 5. At the same time, the Defendant, then thirteen years old, was operating an EZ (30 Golf Cart along the pedes'~ian path ar the Carlisle Fairgrounds. The Defendant caused the golf cart he was operating to collide into the ~ek of Mrs. DeSamis' right foot and ankle near her Achilles ~'ndon. 7. The foregoing accident and ail of the injuries and damages set forth hereinafter arc thc direct and proximate results of the negligent, careless, wanton, and reckless nuumer in which Neai Raudabaugh operated the golf cart as follows: &) f'allul~ to keep alert and malnMin a proof wash for the presenct,* oi~ pedesuians; b) i'ailur~ to l~ep proper and adequa~ control over the go~'cart~ c) opera~ing · goli' can on a peck-,sifian path That was crowded; md d) driving the vehicl~ in a manner endanserins persons and property and, in · reckless manner with careless disregard for thc rights and safety of others. tli~a DeSsn~i-q v. Neai Raudabaup_h 8. Paras~aphs I through 7 are inc~rlx)~_ted herein by re~-rencc. 9. As a result of the aforerflenlioned collision, Mrs. DeSantis surf' .c~! palatal and scvere inluries includins, but not limited ~o, contusion, sw¢llin$, and loss of r8~c of motion her right ankle, ccch)~nosis oYer f~lle 1Gtcril mai]¢oll15 ~ heal of hLPr Fi[~ht ~ llrid a~gFliq~or~ of a prior axion§ shouldcr in]ur~ resul~in~ in shoulcier pain. 10. By rea,wa of her ~oresaid injuries, Mrs. DeSantis was forced to incur liabilit~ for rncdical ~rratmen~, medications, physical ~he~ap~,, and similar miscellaneous CXl~nses in an effort to resvore herself to health, and a claim is made ~her~For. 1 I. Bccatuc of the nature of her in]urias, Mrs. DeSanfis has been adyis~(I, and tbereForc avers, Tha~ she may be forced to incur similar medical exposes in ~ finvre, and a claim is mactc ~creFor. 12. ~Ls a result of thc aforern~n~ioned injuries, Mrs. DcSan~is has undergone and in · c future may undergo physical and men~al suffcrin$, inconvenience in can'~ing out her daily activities, and loss of life's pleasures and enjoyment, and a claim is made therefor. 1~. As a result oi~ thc aforementioned in]uries, Mrs. DcSanfis has bcc~ and in [he furore may be mbjcc~ to embarrassment and hwnilia~ion, and a ~laim is made therefor. 24309S, I%~['G~,C3 14. AS a result of the afor~nantioned i~tjuriel, ]vita. DeSantis. ha~ suffered work loss of opportunity, and a pennan~t diminution of her earning power and capacity, and a c~irn is made therefor. 15. Mrs, DeSantis continues to be plagued by l~'rsismnt pain and limitation .and therefore avers that her injuries may be of a peru,anent nature, causing ~-'sidual problems fo~ the remainder of her lifetime, and a claim is made therefor. Robert DeSantis v. Neai Raudnbatmh 16. ParaF, raphs I through 15 are incorporated he,in by reference. 17. As a result the aforementioned injuries susr_si~ed by Plaintiff Rlta DeSantis, Plaintiff Robert DeSantis has been, and in the future may be, deprived of the care, compassion, consortium, and society of his wife, all of which will result to his grea~ detrimem, and a claim is made therefor. WHEREFORE, Plaintiffs Rim DeSantis and Robert DeSantis demand judgment against Neal Raudabaugh in an amount in excess of TweniT-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbit~ntion. AN(31NO & ROVNER, P.C. I.D. No. 35956 4503 N. Front S~cet Hanisburg, PA ]'/1 ~0 (717) 235-6791 Attorney for Plaintiff We, Rita D~Sanlis s~d Robert DeSar~s, Plaintiff's, .have r=~ the fo~oin~ COMPLAINT and do hereby swear or affirm that the facts s~l fort~ in the'f°re$~h~ at~ irue ~ ¢orr~c~ to thc besi of our knowledle, infonualion and b=iief. We unders~snd thai this V~ificalion is n~ade subject ~o the penalties of 1~ Pa.C.S.A. § 4904, r~lalin~ to unswom falsification W/TN~SS: Ri~a DeSaatis Rob~ l~$sn~is Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 02-1207 Civil Teni~ JURY TRIAL DEMANDED TO: NOTICE TO PLEAD Rita and Robert Desantis, Plaintiffs c/o David L. Lutz, Esquire Angino & Rover 4503 N. Front Street Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within Answer With New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Defendant Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attome for Defendant Raudabau RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant .DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant Neal Raudabaugh, by his attorneys, Goldberg, Katzman, Shipman, P.C., who state: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 7. Denied. It is denied that Defendant Raudabaugh was negligent, careless, wanton, or reckless. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Ternt JURY TRIAL DEMANDED CLAIM I reference. 9. 10. 11. 12. 13. 14. 15. The answers to paragraphs 1 through 7 are incorporated herein by Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C~P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 16. reference. CLAIM II The answers to paragraphs I through 15 are incorporated herein by 17. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e) WHEREFORE, Defendant Raudabaugh requests that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 18. Plaintiff's injuries, if any, arose from her comparative negligence under the circumstances. 19. Plaintiff's claims relate to injuries or conditions unrelated to the incident described in the Complaint. WltEREFORE, Defendant Neal Raudabaugh requests that the Plaintiff's Complaint be dismissed with prejudice. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Th-~--as E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg PA 17108-1268 (717) 2344161 Attorney for Defendant Raudabaugh VERIFICATION I, Neal Raudabaugh, hereby acknowledge that I am the Defe_ndant_in this action, that I have read the foregoing document, and that the facts stated therein are true and correct to the best of my knowledge, infoi-iaation, 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: K'"/,3o/62. 0 Neal Raudabaugh .CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Date: .~5~/o,,L~ GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 77378.1 VERIFICATION I, Neal Raudabaugh, have read the foregoing Answer with New Matter and hereby afl'mn that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of18 Pa.C.S. §4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Neal Raudabaugh - - ~/ CERTIFICATE OF SERVICE I hereby certi~ that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Harry Fair 816 Lisbum Road Carlisle, PA 17013 Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 77916.1 GOLDBERG, KATZMAN & SHIPMAN, P.C BY:~~/ Thomas E. Brenner, Esquire Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 AUomey I.D. No: 32085 Attorney for Defendant Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs Vo NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE Attached are copies of the Certified Mail Receipts reflecting service of the Complaint Joining Additional Defendants upon Harry Fair and Carlisle Productions. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Raudabaugh · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3.~l~'ec~'ved by (PdnfedN..N..N..N..N..N..~me) 3. Is delive~ address different from item 17 [] Yes If YES, enter delivery address below: [] No [] Agent [] Addressee IC._.~te of Delivery 3. Sexy!ce Type [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service/abe/) -/ogq 3?c 0002_ 2090 ?S;z? Dornestic Return Receipt 102595-02-M-0~35 PS Form 3811, August 2001 f [] Agent · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, different from item 17 Yes Article Addressed to: If YES, enter delivery address below: [] No ^ ~ "~ I 3. Service Type ; L ~ In~ M~I ~ C.O.D. ~- PS Fo~ 3811, August 2~1 ~t~ Return R~pt CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Harry Fair 816 Lisburn Road Carlisle, PA 17013 Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire Date: 77916. I · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] ddre B.~'~ec~ved by (Pdnt~) I C~te of ~iv~ D. Is~N~add~d~t~m~l? OY~ If YES, ~er delive~ address ~low: ~ No [~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transferfiomservicelabel) '-7~ 3~C_~ 000~-- ~0~ PS Form 3811, August 2001 Domestic Return Receipt 102595~2-M-0835 · Complete items 1, 2, and 3. Also complete / [] b~ent item 4 if Restricted Delivery is desired. [] Addressee · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, from item 17 [] Yes 1. Article Addressed to: If YES, enter delivery address below: [3 No CG~'~'"~ J ~ [] Registered [] Return Receipt for Merchandise / [] Insured Mail [] C.O.D. 2. Article Number ~ 4. Restricted Delivery? (Extra Fee) _ [] Yes PS Form 3811, August 2001 Domestic Return Receipt RITA AND ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant V. HARRY FAIR AND CARLISLE PRODUCTIONS, Additional Defendants N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1207 JURY TRIAL DEMANDED PRAEClPE FOR ENTRY OF APPEARANCE TO THE PROTHONATARY: Please enter the appearance of David L. Schwalm, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP as attorneys for Additional Defendant Harry Fair in the above captioned matter. THOMAS, THOMAS & HAFER, LLP David L. Schwalm, Esquire I.D. Number: 32574 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 DATED: July 18, 2002 CERTIFICATE OF SERVICE I, David L. Schwalm, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Plaintiff, do hereby certify that on this date I served the foregoing document by placing a true and correct copy of the same in the United States certified mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP David L. Schwalm, Esquire I.D. No. 32574 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Plaintiff DATED: July 18, 2002 David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Defendant Harry Fair RITA AND ROBERT DESANTIS, Plaintiffs V. NEAL RAUDABAUGH, Defendant V. HARRY FAIR AND CARLISLE PRODUCTIONS, Additional Defendants N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1207 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All Parties and their Attorneys You am hereby notified that you am required to respond to the enclosed Answer with New Matter within twenty (20) days of service or a judgment may be entered against you. Date: August 1, 2002 ~MAS, T~/.~S & HAFER, LLP David L. Schwalm, Esquire Attorney I.D. # 32574 305 North Front Street P. O.'Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Additional Defendant Harry Fair David L. Schwalm, Esquire Thomas, Thomas & Haler, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Defendant Har~j Fair RITA AND ROBERT DESANTIS, Plaintiffs V. NEAL RAUDABAUGH, Defendant V, HARRY FAIR AND CARLISLE PRODUCTIONS, Additional Defendants N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1207 JURY TRIAL DEMANDED ANSWER OF ADDITIONAL DEFENDANT HARRY FAIR AND NEW MATTER AND NOW, Additional Defendant Harry Fair, by his attorneys, Thomas, Thomas & Hafer, LLP, files this Answer and New Matter to the Complaint against Additional Defendants, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. After reasonable investigation, Defendant Harry Fair is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 4 and proof thereof is demanded. 5. Denied. Additional Defendant Harry Fair specifically denies that he was the owner of a golf cart operated by Defendant Neal Raudabaugh at the time of the events alleged in the Complaint. 6. Denied. Additional Defendant Harry Fair specifically denies that Defendant Neal Raudabaugh was his servant, or agent at the time of the events referred to in the Complaint or that he is vicariously liable for the actions of Defendant Neal Raudabaugh. 7. Denied. Additional Defendant Harry Fair specifically denies that he permitted Defendant Neal Raudabaugh to use the golf cart or that he was the owner of said golf cart. To the contrary, Additional Defendant Harry Fair specifically avers that he instructed Defendant Neal Raudabaugh not to operate the said golf cart. WHEREFORE, Additional Defendant Harry Fair respectfully requests that the Complaint against Additional Defendants be dismissed as to him and that judgment be entered in his favor without costs. NEW MATTER 8. Additional Defendant Harry Fair was not the owner of the golf cart allegedly operated by Defendant Neal Raudabaugh. 9. Defendant Neal Raudabaugh was not the servant, agent or employee of Additional Defendant Harry Fair at the time of the alleged incident. 10. Additional Defendant Harry Fair did not permit Defendant Neal Raudabaugh to use the golf cart at the time of the alleged incident. 11. Defendant Neal Raudabaugh has failed to state a claim against Additional Defendant Harry Fair upon which relief can be granted. 2 12. Plaintiff Rita DeSantis was contributorily negligent and/or failed to mitigate the claimed damages, thereby limiting and/or barring any recovery. 13. Plaintiffs DeSantis and Raudabaugh are barred from recovery of damages in accordance with the Pennsylvania Comparative Negligence Act. 14. If Plaintiff sustained any injuries and/or damages as a result of the said incident, the injuries and/or damages are the result of the carelessness, recklessness and negligence of persons other Additional Defendant Harry Fair. WHEREFORE, Additional Defendant Harry Fair respectfully requests that the Complaint against Additional Defendants be dismissed as to him and that judgment be entered in his favor without costs. Date: August 1, 2002 :144330.1 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~Schwalm, Esquire ' I.D. No. 32574 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Additional Defendant, Harry Fair 3 VERIFICATION I verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Har~ (..,,.,/ - DATED: July ,,Z ¢, 2002 CERTIFICATE OF SERVICE I, David L. Schwalm, Attomey for Thomas, Thomas & Hafer, LLP, hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 Date: August 1, 2002 THOMAS, THOMAS & HAFER, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Additional Defendant, Harry Fair 4 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorne for Defendant Raudabau h RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-1207 Civil Term HARRY FAIR and CARLISLE PRODUCTIONS . Additional Defendants JURY TRIAL DEMANDED REPLY OF DEFENDANT NEAL RAUDABAUGH TO NEW MATTER O~' ADDITIONAL DEFENDANT HARRY FAIR AND NOW, comes Defendant Neal Raudabaugh, by his attorneys, Goldberg, Katzman & Shipman, P.C. who state: 9. 10. 11. necessary. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph states a legal conclusion to which no response is 12. Admitted. 13. Denied. This paragraph states a legal conclusion to which no response is necessary. 14. necessary. Denied. This paragraph states a legal conclusion to which no response is WHEREFORE, Defendant Neal Raudabaugh requests that the New Matter of Additional Defendant Harry Fair be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: ~/~//~.~--- 83029.1 BY: Thom~enner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Raudabaugh VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Plaintiff; that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, info~-mation and belief. This Verification is made pursuant to Pa.R.C.P. 1024(e) as the Verification of Plaintiff Walsh cannot be obtained within the time allowed for the time of the pleading. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Thomas E. Brenner CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: David L. Lutz, Esq. Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 David L. Schwalm, Esq. Thomas, Thomas & Hafer 305 North Front Street, 6t~ Floor P.O. Box 999 Harrisburg, PA 17108-0999 Carlisle Productions i000 Bryn Mawr Road Carlisle, PA 17013 Date: ~/~//~2~ 77916.1 GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire ' RITA and ROBERT DESANTIS, Plaintiffs, NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS, INC., Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-1207 CIVIL TERM JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT HARRY FAIR'S NEW MATTER 12. Denied. The Plaintiffs' Complaint alleged that Plaintiff Rita DeSantis was walking in a designated walkway when Defendant Neal Raudabaugh, operating a golf cart, drove directly into the rear of Mrs. DeSantis. Mrs. DeSantis was not contributory negligent and did not fail to mitigate her damages. 13. Denied. The Plaintiffs' Complaint alleged that Plaintiff Rita DeSantis was walking in a designated walkway when Defendant Neal Raudabaugh, operating a golf cart, drove directly into the rear of Mrs. DeSantis. Mrs. DeSantis was not contributory negligent and did not fail to mitigate her damages. 14. Denied. The Plaintiffs' Complaint alleged that Plaintiff Rita DeSantis was walking in a designated walkway when Defendant Neal Raudabaugh, operating a golf cart, drove directly into the rear of Mrs. DeSantis. Mrs. DeSantis was not contributory negligent and did not fail to mitigate her damages. 249220.1 ~DLLhMTG WHEREFORE, Plaintiffs respectfully request the New Matter, paragraphs 12, 13, and 14, of Additional Defendant Fair be dismissed. Date: D~~GINO & ROVNER, P.C. a~id L~. L tz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 249220.1~DLL~VITG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT HARRY FAIR'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant David L. Schwalm, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant Harry Fair Carlisle Productions 1000 Bryn Mawr Road Carlisle, PA 17013 ar9 249220.1 \DLL'uMTG RITA and ROBERT DESANTIS, Plaintiffs Vo NEAL RAUDABAUGH, Defendant Vo HARRY FAIR and CARLISLE PRODUCTIONS, Additional Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1207 Civil Term : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Carlisle Productions in the above-captioned matter. DATE: ~'-~0-0~ Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN KEK~ E. MALO , ESQUIRE I.D. NO. 68818 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 \05_A\LIAB~[BM~SLPG\102604AELZ~11012X50000 CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the firm of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a true and correct copy of the foregoing document was served via regular First-Class Mail on this ~t~~/~' day of August, 2002, on the following individuals: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Neal Raudabaugh David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Harry Fair ELIZA]~ETH I~. Z'I~ RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1207 Civil Term JURY TRIAL DEMANDED NOTICE TO PLEAD TO: All Parties and their Counsel: You are hereby notified to plead to the enclosed Answer with New Matter to Defendant, Neal Raudabaugh's Complaint Against Additional Defendants on behalf of Additional Defendant, Carlisle Productions, within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~, ESQUIRE I.D. NO. 68818 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant HARRY FAIR and CARLISLE PRODUCTIONS, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1207 Civil Tema JURY TRIAL DEMANDED ADDITIONAL DEFENDANT~ CARLISLE PRODUCTIONS' ANSWER WITH NEW MATTER TO DEFENDANT~ NEAL RAUDABAUGH'S COMPLAINT AGAINST ADDITIONAL DEFENDANTS AND NOW, comes, Additional Defendant Carlisle Productions, by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin who states: 1. Admitted. 2. Admitted. 3. Denied. Answering Additional Defendant lacks knowledge sufficient to form a belief as to the troth of the allegations in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 4. Admitted. 5. Denied. Answering Additional Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations in this paragraph, and therefore, the same are denied with strict proof thereof required at trial. 6. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent an answer is deemed required, and by way of further answer, Answering Additional Defendant specifically denies Defendant Raudabaugh was the servant or agent of Answering Additional Defendant and further, Answering Additional Defendant specifically denies they are liable for Defendant Raudabaugh's actions. 7. Denied. The allegations contained in this paragraph constitute conclusions of law to which no further responsive pleading is required. To the extent an Answer is deemed required, and by way of further answer, Answering Additional Defendant specifically denies that Defendant Raudabaugh acted as a permitted user of the golf cart owned by Answering Additional Defendant and, further, Answering Additional Defendant specifically denies they are responsible for Plaintiffs' claims. WHEREFORE, Additional Defendant, Carlisle Productions, demands judgment in its favor and against Defendant, Neal Raudabaugh together with such other relief as this Honorable Court deems appropriate. NEW MATTER 8. Answering Additional Defendant incorporates paragraphs 1 through 7 as though the same were set forth at length herein. 9. Defendant, Neal Raudabaugh was not the servant, agent or employee of Answering Additional Defendant at the time of the alleged incident. Answering Additional Defendant did not permit Defendant Neal Raudabaugh to use thc golf cart at any time, including the time of the alleged incident. 10. Defendant, Neal Raudabaugh has failed to state a claim against Answering Additional Defendant upon which relief can bc granted. 11. No act or omission on the part of Answering Additional Defendant was a substantial or contributing factor in brining about Plaintiffs alleged injuries and/or damages. In the event that it is determined that Answering Additional Defendant was negligent with regard to any of the allegations contained in and with respect to Defendant Raudabaugh's Complaint against Additional Defendants, said allegations being specifically denied, then such negligence was superceded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Additional Defendant and over whom Answering Additional Defendant had neither control nor right of control and/or responsibility and, therefore, Answering Additional Defendant is not liable in this action. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~UIRE I.D. NO. 68818 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 \05_A~LIAB~KBM~SLPG\102609~ELZ~l 1012x50000 VERIFICATION I hereby affirm that the following facts are correct: Carlisle Productions is an Additional Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter to Defendant, Neal Raudabaugh's Complaint is based upon information which has been gathered by my counsel in the defense of this lawsuit. The language of the Answer with New Matter to Defendant, Neal Raudabaugh's Complaint is that of counsel and not of me. I have read the Answer, and to the extent that the responses are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the responses are that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid responses are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE: ~i'a~ -~ ~} BY: ~ ~l;).aff~_~ Jo~ Detric-k- - Title: CERTIFICATE OF SERVICE I, Elizabeth L. Ziegler, an employee with the finn of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that a true and correct copy of the foregoing document was served via regular First-Class Mail on this .O'~Q~__~ay of August, 2002, on the following individuals: David L. Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Harry Fair Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Counsel for Neal Raudabaugh RITA and ROBERT DESANTIS, Plaintiffs NEAL RAUDABAUGH, Defendant Vo HARRY FAIR and CARLISLE PRODUCTIONS Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW No. 02-1207 Civil Term JURY TRIAL DEMANDED PRAECIPE Please mark this action settled and discontinued. Date: ANGINO & ROVNER, P.C. By: ~'vid L ~Lutz, Esq 4503 North Front Street Harrisburg. PA 17110-1708 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid fu'st class United States mail addressed as follows: Thomas Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant David L. Schwalm, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorney for Additional Defendant Harry Fair Kerry Maloney, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Additional Defendant Carlisle Productions 243762.1 \DLL~ITG