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HomeMy WebLinkAbout02-1362DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and LINDA COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURYTRIALDEMANDED 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEBRAPFAFF and KENNETH PFAFF, herhusband Plaintiffs JAMIE COX and GARY and LINDA COX, De~ndant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTIClA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFIClENTE DE PAGAR TAL SERVlClO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFIClNA CUYA DIRECClON SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUlA ASlSTENClA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and LINDA COX, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~"- /~L,3,. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs, Debra and Kenneth Pfaff, by and through their attorneys, HANDLER, HENNING 8, ROSENBERG, by Stephen G. Held, Esquire, and makes the within Complaint against the Defendants, Jamie Cox and Gary and Linda Cox, as follows: 1. Plaintiffs, Debra and Kenneth Pfaff, are a competent adult individual currently residing at 5210 Meadowbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Jamie Cox, is a competent minor individual currently residing at 1035 Upland Drive, Fayetteville, Franklin County, Pennsylvania 17222. 3. Defendants, Gary and Linda Cox, are competent adult individuals currently residing at 1035 Upland Drive, Fayetteville, Franklin County, Pennsylvania 17222. Chevy Astro At all times material hereto, Plaintiff, Debra Pfaff, was the operator of a 1992 bearing the Pennsylvania Registration Number TPT920 which was insured ! by State Farm Insurance Company under a Full Tort policy. (hereinafter "Plaintiff's vehicle"). 5. At all times material hereto, Defendant, Jamie Cox, was the operator of a 1993 Chevy Geo bearing Pennsylvania registration number CAT0991 and was owned by Defendants, Gary and Linda Cox, (hereinafter "Defendant's vehicle"). 6. On or about March 23, 2000, at approximately 7:28 p.m., Plaintiff's vehicle was traveling southbound on the exit ramp of SR 581 intending to cross SR 11 (Carlisle Pike) and travel onto Gateway Drive in Hampton Township, Cumberland County, Pennsylvania. 7. On or about March 23, 2000, at approximately 7:28 p.m., Defendant Jamie Cox was traveling eastbound on SR 11 (Carlisle Pike) towards the intersection of Gateway Drive in Hampton Township, Cumberland County, Pennsylvania. 8. At approximately that same time and place, Defendant approached a red traffic signal at the intersection of Gateway Drive and SR 11 (Carlisle Pike). Defendant, Jamie Cox, failed to stop for the red light and failed to yield to oncoming traffic. 9. At approximately the same time and place, Defendant, Jamie Cox, violently collied with Plaintiff, Debra Pfaff. The magnitude of the collision required both vehicles to be towed from the scene. Plaintiff was taken to Harrisburg Hospital via ambulance. 10. As a direct and proximate result of the negligence of the Defendants, Plaintiff, Debra Pfaff, sustained extensive, serious, and permanent personal injuries, requiring continuous medical treatment. COUNT I Debra Pfaff v. Jamie Cox Nealiaence 11. Paragraphs 1-10 are incorporated herein as if set forth at length. 12. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Debra Pfaff, were caused directly and proximately by the negligence of Defendant, Jamie Cox, generally, and more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicle lawfully proceeding on the exit ramp of SR 581 intending to cross SR 11 Carlisle Pike] and travel onto Gateway Drive in Hampton Township, Cumberland County, Pennsylvania; (b)In failing to be reasonably vigilant in order to observe any and all vehicles including the Plaintiff's; (c) In failing to take such precautions as a prudent person would take in regards to the speed and control of the vehicle, as she approached the red traffic signal at the intersection of SR 11 (Carlisle Pike) and travel onto Gateway Drive in Hampton Township, Cumberland County, Pennsylvania; (d) In failing to maintain proper and adequate observation of the existing traffic conditions; (e) (f) (g) (h) (i) (J) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. § 3361; In failing to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. § 3361; In failing to properly yield to oncoming traffic, and driving directly into the path of Plaintiff, Debra Pfaff, in violation of 75 Pa. C.S.A. § 3323; In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons and property could be avoided; In failing to be reasonably vigilant in order to observe the red light on the traffic signal controlling her lane of travel; In driving the vehicle upon the streets in a manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 13. As a direct and proximate result of the negligence of Defendant, Jamie Cox, the Plaintiff, Debra Pfaff, sustained personal injuries including, but not limited to, injuries to her neck, chest and left arm. 14. As a direct and proximate result of the negligence of Defendant, Jamie Cox, the Plaintiff, Debra Pfaff, has been and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 15. As a direct and proximate result of negligence of Defendant, Jamie Cox, the Plaintiff, Debra Pfaff, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss. 16. As a direct and proximate result of negligence of Defendant, Jamie Cox, the Plaintiff, Debra Pfaff, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention. Plaintiff, Debra Pfaff, continues to receive treatment and incur expenses for said injuries, and is likely to continue to do so in the future, to her great detriment and loss. 17. As a direct an proximate result of the negligence of Defendant, Jamie Cox, the Plaintiff, Debra Pfaff, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 18. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Debra Pfaff, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity to her great detriment and loss. 19. Plaintiff, Debra Pfaff, believes and therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Debra Pfaff, seeks damages from the Defendant, Jamie Cox, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II Debra Pfaff v. Gary and Linda Cox Negligence 20. Paragraphs 1-19 are incorporated herein as if set forth at length. 21. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Debra Pfaff, were caused directly and proximately by the negligence of Defendants, Gary and Linda Cox, generally, and more specifically, as set forth below: (a) In negligently entrusting their vehicle to Defendant, Jamie Cox; (b) In allowing Defendant, Jamie Cox, to fail to keep a reasonable lookout for vehicle lawfully proceeding on the exit ramp of SR 581 intending to cross SR 11 (Carlisle Pike) and travel onto Gateway Drive in Hampton Township, Cumberland County, Pennsylvania; (c) In allowing Defendant, Jamie Cox, to fail to observe any and all vehicles including the Plaintiff's; (d) In allowing Defendant, Jamie Cox, to fail to take such precautions as a prudent person would take in regards to the speed and control of the vehicle, as she approached the red traffic signal at the intersection of SR 11 (Carlisle Pike) and travel onto Gateway Drive in Hampton Township, Cumberland County, Pennsylvania; (e) In allowing Defendant, Jamie Cox, to fail to maintain proper and adequate observation of the existing traffic conditions; (f) In allowing Defendant, Jamie Cox, to fail to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. § 3361; (g) In allowing Defendant, Jamie Cox, to fail to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.$.A. § 3361; (h) In allowing Defendant, Jamie Cox, to fail to propedy yield to oncoming traffic, and drove directly into the path of Plaintiff, Debra Pfaff, in violation of 75 Pa. C.S.A. § 3323; (i) In allowing Defendant, Jamie Cox, to fail to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons and property could be avoided; (j) In allowing Defendant, Jamie Cox, to fail to be reasonably vigilant in order to observe the red light on the traffic signal controlling her lane of travel; (k) In allowing Defendant, Jamie Cox, to drive the vehicle upon the streets in a manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 22. As a direct and proximate result of the negligence of Defendants, Gary and Linda Cox, the Plaintiff, Debra Pfaff, sustained personal injuries including, but not limited to, injuries to her neck, chest and left arm. 23. As a direct and proximate result of the negligence of Defendants, Gary and Linda Cox, the Plaintiff, Debra Pfaff, has been and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 24. As a direct and proximate result of negligence of Defendants, Gary and Linda Cox, the Plaintiff, Debra Pfaff, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss. 25. As a direct and proximate result of negligence of Defendants, Gary and Linda Cox, the Plaintiff, Debra Pfaff, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention. Plaintiff, Debra Pfaff, continues to receive treatment and incur expenses for said injuries, and is likely to continue to do so in the future, to her great detriment and loss. 26.As a direct an proximate result of the negligence of Defendants, Gary and Linda Cox, the Plaintiff, Debra Pfaff, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 27. As a direct and proximate result of said Defendants' negligence, the Plaintiff, Debra Pfaff, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity to her great detriment and loss. 28. Plaintiff, Debra Pfaff, believes and therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Debra Pfaff, seeks damages from the Defendants, Gary and Linda Cox, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT III Kenneth Pfaff v. Jamie Cox Loss of Consortium 29. Paragraphs 1-28 are incorporated herein as if set forth at length. 30. As a direct and proximate result of the negligence of Defendant, Jamie Cox, Plaintiff, Kenneth Pfaff, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 31. As a direct and proximate result of the negligence of Defendant, Jamie Cox, Plaintiff, Kenneth Pfaff, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Kenneth Pfaff, seeks damages from the Defendant, Jamie Cox, in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT IV Kenneth Pfaff v. Gary and Linda Cox Loss of Consortium 32. Paragraphs 1-31 are incorporated herein as if set forth at length. 33. As a direct and proximate result of the negligence of Defendants, Gary and Linda Cox, Plaintiff, Kenneth Pfaff, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 34. As a direct and proximate result of the negligence of Defendants, Gary and Linda Cox, Plaintiff, Kenneth Pfaff, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. l0 WHEREFORE, Plaintiff, Kenneth Pfaff, seeks damages from the Defendants, Gary and Linda Cox, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDLER, HENNING & ROSENBERG St~p~3~n~. belch, Es~e ID # 72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiffs VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Debra K. Pfaff Kenneth Pfaff' / Date: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PFAFF DEBRA ET AL VS COX JAMIE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COX JAMIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 12th , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 83.86 .00 120.86 04/12/2002 So a~ ~ ~ ~/. Thomas K1 ine Sheriff of Cumberland County HANDLER HENNING ROSENBERG Sworn and subscribed to before me this /~ ~ day of ~ ! 2&~2,~ A.D. / ! Prothonotar~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PFAFF DEBRA ET AL VS COX JAMIE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COX GARY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FP~_NKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 12th , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/12/2002 So answer~: ~/ ~- ~_~. R/ Thomad~line Sheriff of Cumberland County HANDLER HENNING ROSENBERG Sworn and subscribed to before me this /~ day of~ Prothonotary F r SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-01362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PFAFF DEBRA ET AL VS COX JAMIE ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: COX LINDA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 12th , 2002 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/12/2002 So answer~3~~· j~/ j~..>~ P~. ~homas ~li~ Sheriff of Cumberland County HANDLER HENNING ROSENBERG Sworn and subscribed to before me this /~ ~ day of ~ ~ A.D. ! ! Prothonotary' SHERIFF' S RETURN - REGULAR CASE NO: 2002-00040 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DEBP~A PFAFF AND KENNETH PFAFF VS JAMIE GARY AND LINDA COX GUS ALEXIOU , Deputy Sheriff of FRA/qKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon COX JAMIE the DEFENDANT at 1075 LINCOLN WAY WEST , at 1418:00 Hour, on the 2nd day of April CHAMBERSBURG, PA 17201 LINDA K COX (MOTHER) a true and attested copy of COMPLAINT by handing to , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 6.00 Surcharge 10.00 Mileage 2.90 36.90 Sworn and Subscribed to before me this ~'~ day of / Jotary So Answers: GUS ALEXIOU Deputy Sheri 04/03/2002 CUMBERLAND COUNTY SHERIFF ..... Notarial Seal Patricia A, Strine, Notary Public Chambersburg B?~'~ Franklin County ~ ~ ~r~mission E~,~rea Nov, 4, 2004 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00040 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DEBRA PFAFF AND KENNETH PFAFF VS JAMIE GARY AND LINDA COX GUS ALEXIOU , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon COX GARY the DEFENDANT , at 1506:00 Hour, on the 2nd day of April , 2002 at 1035 UPLAND DRIVE FAYETTEVILLE, PA 17222 GARY COX a true and attested copy of COMPLAINT by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service 6.00 Affidavit 4.00 Surcharge 10.00 Mileage 4.06 24.06 So Answers: GUS ALEXIOU Deputy Sheriff · 04/03/2002 CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before %e. th~ ~'~ day of ~ N/t ary j N0tarial Sea, / | Patricia A. Strine, Notary Public / Chambersbur~ ~o. ro Frankl n County ~ ~ C~mmi~ion Expires Nov. 4, 2004 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00040 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DEBP~A PFAFF AND KENNETH PFAFF VS JAMIE GARY AND LINDA COX GUS ALEXIOU , Deputy Sheriff of FR3~NKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon COX LINDA the DEFENDANT at 1075 LINCOLN WAY WEST , at 1418:00 Hour, on the 2nd day of April CHAMBERSBURG, PA 17201 LINDA COX a true and attested copy of COMPLAINT by handing to , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service 6.00 Affidavit 4.00 Surcharge 10.00 Mileage 2.90 22.90 So Answers: GUS ALEXIOU Deputy Sheri~ 04/03/2002 CUMBERLAND COUNTY SHERIFF Sworn and Subscribed to before me this.~ ~/~'(-day of ~ary Notarial Seal / Patricia A Strine, Nota~ Publl(: Chambers~u~[~ Rom ~ranklln Coun~ ~ ~m~'~sion Exp,'es Nov. 4, 20~ i Return this form to C~nberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, PennsylVania Debra Pfaff et al VS. Jamie Cox et al SERVE: J~mie Cox No. 02 1362 civil NOW, March 21, 2002 ' , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service' Now, ---/4Pp''~' 2; ,20L~.,ato~.'/f o'clock ? M. se~ed~e by handing to l, tv O ~ ~' ~-~ W (/d~r~a) and made known to copy of the original ~o,Wpt,,, ,u ;'- the contents thereof. So answers, Gus Ale~ DeputySheriff°f Franklin County, PA COSTS Sworn a~d subscribed before SERVICE ,..~o0.6,o methi/_2~_dayo~/] ~P,~"---,20~ m,EAGE ' ~0 ~/~,~ [/d~ I ~o,..a,s..,I - / 7- ~ ~ ~ -- ~ PntHn~ a ~tfine, Nota~ Public /. / [ Cham~mbu~ ~?o Pmnkln Cou~ I $ ?o Return this fo~m to C%~berland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Debra Pfaff et al VS. J~mie Cox et al SERVE: Linda Cox No. 02 1362 civil Now, March 21, 2002 ' , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,. /OPel ~. 2__ ,20 o~- , at2 :/g o'clock /9 M. servedthe within ~-ot~ PLt4,,u r' upon by handing to ~ t~t) A ~o-/ a and made known to copy of the original ~x~pt_,~, ~ 7- the contents thereof. So answers, Gus Alexiou Deputy Sheriff of Franklin County, PA COSTS Sworn anti subscribed before SERVICE me~thf._~ day of/limPet-- ,20. o-~ MII,EAGE ! 7'J'~r. JJ ~ ! # i / ! .~/ I Nolarial Seal · ~ t ~-~ -~._..4..a~ V/C/LI I Pmdc;a A. Stflne, Notary Public J / / ! Chambersburg goro Franklin Courtly I // L i~/Commission Expires Nov. 4, 2004 I o~.q o Return this form to C~nberland County Sheriff's office. In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Debra Pfaff et al VS. Janie Cox et al ~0~7. - ~o ~ SERVE: Gary Cox No. 02 1362 civil Now', ... March 21, 2002 ' , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, . ~Q P£ t C ,2 ,20 ~g-, at 3; 0 6, o'clock within ~o t,,,[ {3LA ~ ~ 7 M. served the upon C,~ R 7,I ~_~.,, and made known to /-/t,t.1 copy of the original C O l~ lg LtCt. t tt/"['- the contents thereof. So answers, Gus Alexiou Deputy Sheriff of Franklin County, PA COSTS SERVICE ,20 ~ Z-- MI1,EAGE AFFIDAVIT Patricia A. Striae, Notary Public Chambersburg B,o. ro, Franklin County ~ly Commission Expires Nov. 4, 200~ $ DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs Vo JAMIE COX and GARY and LINDA COX Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-1362-Civil JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner of Goldberg, Karastan, Shipman, P.C. on behalf of Defendants in this matter. GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire 320 Market Street Strawbeny Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorney for Defendants 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 thc same in thc United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Stephen G. Held, Esq. 1300 Linglestown Road Harrisburg, PA 17110 Date: ~/7//~2~ Thomas E. Brenner Attorney for Defendants DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and LINDA COX Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-1362-Civil JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Debra Pfaff and Kenneth Pfaff, her husband c/o Stephen G. Held, Esq. Handler, Henning & Rosenberg 1300 Linglestown Road 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 By: 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 Defendants Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Defendants DEBRA PFAFF and KENNETH : PFAFF, her husband : Plaintiffs : V ~ JAMIE COX and GARY and LINDA COX Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-1362-Civil JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER AND NOW, come the Defendants, by their attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Admitted. 2. Denied in part. The proper spelling of the Defendant's name is Jaime Cox, who currently resides at 1075 Lincoln Way West, Chambersburg, Franklin County, Pennsylvania. 3. Denied in part. Defendant Linda Cox currently resides at 1075 Lincoln Way West, Chambersburg, Franklin County, Pennsylvania. 4. Admitted. 5. Admitted 6. Admitted. 7. Admitted. 8. Denied. 9. Denied. 10. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). It is denied that the Defendants were negligent. In further response, this paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 11. reference. 12. COUNT I Debra Pfaffv. Jaime Cox Negligence The answers to paragraphs 1 through 10 are incorporated herein by It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 13. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 14. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 16. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 17. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 18. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 19. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant Jaime Cox requests that Count I of the Plaintiff's Complaint be dismissed with prejudice. COUNT II Debra Pfaffv. Gary and Linda Coy 20. reference. 21. The answers to paragraphs 1 through 19 are incorporated herein by It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 22. It is denied that Defendants Gaw and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 23. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 24. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 25. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 26. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 27. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). Denied. This paragraph states a legal conclusion to which no response is 28. necessary. WHEREFORE, Defendants Gary and Linda Cox request that Count II of the Plaintiffs' Complaint be dismissed with prejudice. 4 COUNT III Kenneth Pfaffv. Jaime Co~' Loss of Consortium 29. reference. The answers to paragraphs 1 through 28 are incorporated herein by 30. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of the paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 31. It is denied that Defendant Jaime Cox was negligent. In further response, the remainder of the paragraph is denied pursuant to Pa. R.C.P. 1029 (e). WHEREFORE, Defendant Jaime Cox requests that Count III of the Plaintiffs'. Complaint be dismissed with prejudice. .COUNT IV Kenneth Pfaffv. Gary_ and Linda Cox Loss of Consortium 32. reference. The answers to paragraphs 1 though 31 are incorporated herein by 33. It is denied that Defendants Ga~y and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 34. It is denied that Defendants Gary and Linda Cox are negligent. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). WHEREFORE, Defendants Gary and Linda Cox request that Count IV of the Plaintiffs' Complaint be dismissed with prejudice. 35. circumstances. 36. 37. NEW MATTER Plaintiff Debra Pfaff was comparatively negligent under the Plaintiff Debra Pfaff assumed the risk under the circumstances. The injuries claimed by Debra Pfaff are limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 38. Defendants Gary and Linda Cox did not negligently entrust a motor vehicle to Defendant Jaime Cox. 39. Defendant Jaime Cox was not acting as an agent, servant or employee of Gary and Linda Cox at the time of the aforesaid accident. WHEREFORE, Defendants request that the Plaintiffs' Complaint be dismissed with prejudice. 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 Defendants VERIFICATION I, Jamie Cox, Defendant herein, have read the foregoing Answer with New Matter and hereby afl'mu 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 true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. 'Cox - - VERIFICATION I, Linda Cox, Defendant herein, 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 unsworn falsificati°n to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Linda Cox 10 VERIFICATION I, Gary Cox, Defendant herein, have read the foregoing Answer with New Matter and hereby affirm 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 unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE: 11 _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: Stephen G. Held, Esq. Handier, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C Thomas E. Brenner, Esquire Attorneys for Defendant DEBRA PFAFF and KENNETH PFAFF, her husband, Plaintiffs VS. JAMIE COX and GARY and LINDA COX, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1362-CIVIL .. : JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER TO: Jamie Cox, and Gary and Linda Cox, through their attorney of record: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 35. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated herein, Plaintiff was not negligent in any way. Therefore, the pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiff' s injuries and damages are recoverable in the instant action and are in no way reduced. 36. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further amplification, Plaintiff did not assume the risk of her injuries. Further, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiff's injuries and damages are recoverable in the instant action. 37. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. Byway of amplification, all ofPlaint~ff's ~njunes and damages are recoverable ~n the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. 38. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. 39. Denied. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. HANDLER, HENNING & ROSENBERG, BYS~re I.D. No. 72663 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 VERIFICATION PURSUANT TO PA. R.C.P. NO 1024 (c) STEPHEN G. HELD, ESQUIRE, state that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: (¥ l~ ?t-~ e~~(~4~sq~uire CERTIFICATE OF SERVICE AND NOW, this \O~- day of June 2002, I hereby certify that I have served the foregoing Response to New Matter, on the following via first class United States Mail and addressed to: Thomas Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 HANDLER, HENNING & ROSENBERG Para e'l~ Thomas E. Brenner, Esquire I.D. No. 32085 GOLDBERG, KA'I-Z~aAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 171o8-1268 (7~7) 234-416~ Attorneys for Defendants DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and LINDA COX Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: o~-~36~-Civil JURYTRIALDEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RU-I.F. 4ooq.2~ As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Plaintiff hereby certifies that: l) 2) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas was sought to be served; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) 4) Plaintiff did not object to the subpoenas being sent out; and The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. DATE:. Thomas E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box x268 Harrisburg, PA 17108-x268 Telephone: (717) 234-416x Attorneys for Defendants Thomas E. Brenner, Esquire I.D. No. 32085 GOLDBERG~ KA'I~N & SHI~MAN~ P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 171o8-1268 (7~7) ~34-416~ Attorneys for Defendants DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and LINDA COX Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: o2-1362-Civil JURY TRIAL DEMANDED TO: NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 40oq.21 Stephen G. Held, Esquire Handler, Henning & Rosenberg ~3oo Linglestown Road P.O. Box 6o337 Harrisburg, PA x71o6 PLEASE TAKE NOTICE that Plaintiff intends to serve subpoenas identical to those attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. GOLDBERG, KAT'ZMAN & SHIPMAN, P.C. Trm, ma~s'E. Brenner, Esquire Attorney I.D. #32085 320 Market Street P.O. Box m68 Harrisburg, PA ~7~o8-1:~68 Telephone: (7~7) :~34-4161 Attorneys for Defendants DATE: DEBRA PFAFF and KENNETH PFAFF, her husband V JAMIE COX and GARY and LINDA COX TO: COMIVIO~ALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Defenttants : IN THE COURT OF COMMON P~.FAS CUMBERLAND COUNTY No.: 02-k?,62-Civil JURYTRIALDEMANDED SUBPOENATO PRODUCEDOCUMENTS ORTHI~GS FOR DISCOVERYPURSUANTTO RULE4~9.22 Custodian of Records for WII .T JAM WEWEP,, M.D. (Name of Person or Entity) Within twenty (20) days after sen, ice of this subpoena, you are ordered by the ~ourt to produce the following documents or things: Any and all records on Debra Pfaff, D/O/B: 8/1/53, SS#: 191-42-7737, including but not to doctor's reports/records, office notes, hospital reports/reeords and physical thefal~ re'ports/records at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpocum, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party.' serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAiVIE: ADDRESS: Thomas E. Brenner. Esquire 320 Market Street. Strawberry Square Hamsbur~, PA 17108-1268 TELEPHONE: (717) 234-4161 SUPREME COURT ID # 32085 ATE: ]./ccc; lC;. 206 S-eal of thee Court ' BY THE COURT: /') Prothonotary/Clerk, Civil DiviSion- ~ (.. Deputy (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEBRA PFAFF and KENNETH PFAFF, her husband Plaintiffs JAMIE COX and GARY and : LINDA COX : DefenH~nts : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: O2-1362-Civil JURYTRIALDEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for STATE FARM INSURANCE COMPANY (Name of Person or Entity) Within twenty (20) days after sen, ice of this subpoena, you are ordered by the court to produce the following document~ or things: Your complete first part3r l~nefits file on State Farm in~mr'~:l Debra Pfaff, POLICY NUMBER 7304 ". ~. n. -38b/CAR 002 which would have been in effect on March 23, 2000 at Goldberg, Kat~man & Shipman; P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 17108-1268 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together wi~ the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty. (20) days after its service,'the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NANtE: Thomas E. Brenner. Esquire ADDRESS: 320 Market Street. Stmxvberrv Square Harrisburg. PA 17108-1268 TELEPHONE: (717) 234-4161 SLrpREME COURT ID it 32085 Prothonotary/Clerk, Civil Division r~ (_Deputy DATE: (Eft. 7/97) CERTIFICATE OF SERVICE I, Mary K. Ridings, Paralegal w/Goldberg, Kate. man & Shipman, P.C. do- hereby certify that on this ~ day of ~-~ ~-~ , 2002, a true and correct copy of the foregoing Notice of Intent to Serv~Subpoenas to Produce Documents or Things was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Stephen G. Held, Esquire Handler, Henning & Rosenberg x3oo Linglestown Road P.O. Box 6o337 Harrisburg, PA 17106 GOLDBERG, KATZMAN-& SHIPMAN, P.C. BY: II ' ~ to THOI~Ixa~S E. BRENNER, ESQUIRE CERTIFICATE OF SERVICE I, Mary K. Ridings, ParaleK~l w/Goldberg, Katzman & Shipman, P.C. do hereby certify that on this /~F/x day of~)~ft~7,~2~2oo2, a true and correct copy of the foregoing CeriJficate Prerequisfte to Service of Subpoenas to Produce Documents or Things was served upon the following by depositing same into the United States Mail, first-class mail, postage pre-paid, to: Stephen G. Held, Esquire Handler, Henning & Rosenberg ~3oo Linglestown Road P.O. Box 60337 Harrisburg, PA W~o6 GOLDBERG, KATZMAN & SHIPMAN, P.C. to ~ E. BRENNER, ESQUIRE Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 A ttorneyfor Defend_ants DEBRA PFAFF and KENNETH : PFAFF, her husband : Plaintiffs ' V JAMIE COX and GARY and ' LINDA COX ' Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 02-1362-Civil 7U-RY TRIAL DEMANDED PRAECIPE Please mark this action settled and discontinued. Date: HANDLER, HENNING KND ROSENBERG By: Steph~ ~ Attorneys for Plaintiff