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HomeMy WebLinkAbout02-2205THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 P. 0. Box 999, 305 No,th Front Street Hardsburg, PA 17108 (717) 255-7644 KATHERINE R. DOWNEY 207 Bailey Street New Cumberland, PA 17070 Plaintiff V. ROBERT J. tRaCY, ANGELA R. TRACY and MICHAEL P. TRACY, 607 Sixteenth Street New Cumberland, PA 17070 Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To: Curt Long, Prothonotary action. Defendants at the above address. Please issue a Writ of Summons directed to the Defendants in the above-captioned The Writ of Summons shall be issued a,~f~ ~/arded to Sheriff for service on the Dated: .~C"~ [. - 0 ~ I.D.# HAFER, LLP (er, Esquire P. O. Box 999, 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 TO: you. WRIT OF SUMMONS ROBERT J. TRACY, ANGELA R. TRACY AND MICHAEL P. TRACY You are hereby notified that Katherine R. Downey has commenced an action against Prothonotary ~ (- Depu~/ KATHERINE R. DOWNEY, Plaintiff We ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. THACY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2205 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PI~ECIPE FOR APPEARANCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendants Robert J. Tracy, Angela R. Tracy and Michael p. Tracy in the above-captioned matter. WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: May 29, 2002 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION KATHERINE R. DOW/~EY, Plaintiff V. ROBERT J. TRACY, ANGELA R. TRACY, and MICHAEL p. TRACY, Defendants File No. 2002-2205 Civil Term PRA-ECIPE AND RULE TO FILE X A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COLrRT: Issue rule on Plaintiff to file a COmplaint in the above case within twenty days after service of the rule or! suffer a judgement of non pros. DATE: 5/29/2002 Signature: ~'~ ~. ~ . Print Name: Richard H. Wix~ Esq. Attorney for: Defendants Address: 4705 Duke Street HarrisburG. PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 07274 NOW, ~, 1-~__~ RULE ISSUED AS/~BOVE. Prothono%ary - ~ Deputy (NOTE: File in duplicate) PROTHON. - 1 2 SHERIFF'S RETURN - REGUL~LR CASE NO: 2002-02205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOWNEY KATHERINE R VS TRACY ROBERT J ET AL BRIAN BD~RRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRACY ROBERT J the DEFENDANT , at 1935:00 HOURS, on the 7th day of May , 2002 at 607 SIXTEENTH STREET NEW CUMBERLAND, PA 17070 by handing to MICHAEL TP~ACY, FATHER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff.s Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this 3~ day of ~ ~ ~ 2_~ A.D. ~ ' Proth0notar~ ' ' So Answers: R. Thomas Kline 05/08/2002 THOMASBy:THOMAS ~ ~ 'Deputy Sheriff REGULAR SHERIFF'S RETURN - CASE NO: 2002-02205 P C05fMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOWNEY KATHERINE R VS TRACY ROBERT J ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRACYANGEL~ R the DEFENDANT , at 1935:00 HOURS, on the 7th day of May at 607 SIXTEENTH STREET , 2002 NEW CUMBERLAND, PA 17070 by handing to MICHAEL TRACY, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His 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 ~ ~l~ A.D. tSrfDt honor ary So Answers: R. Thomas Kline 05/08/2002 THOMAS THOMAS HAFER By: ~~ Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-02205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOWNEY KATHERINE R VS TP~ACY ROBERT J ET AL REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TRACY MICHAEL P the DEFENDANT , at 1935:00 HOURS, on the 7th day of May at 607 SIXTEENTH STREET , 2002 NEW CUMBERLAND, PA 17070 MICHAEL TRACY a true and attested copy of WRIT OF by handing to SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 ~~,~~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/08/2002 THOMAS THOMAS~F. F.~EER Deputy Sheriff Sworn and Subscribed to before me this 3~ day of ~ ~2~ A.D. ! 4~rothonotary , THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 Attorney for Plaintiff KATHERINE R. DOWNEY, Plaintiff V. ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2002-2205 CIVIL TERM CIVIL ACTION - LAW 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 entedng 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. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 800-990-9108 NOTIClA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia excrita o en persona o por abogado y archivar en la corte en forma escdta sus defensas o sus objeciones a las demandas en contra de tomara medidas y puede entrar 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 impotantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFIClNA CUYA DIRECClON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENClA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 800-990-9108 Dated: Peter J. Speak¢; E--~uire I.D~4-2834, / -- P. O. Box ~ 305 No~h Front Street Haffisburg, PA 17108 (717) 255-76d~ THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 KATHERINE R. DOWNEY, Plaintiff V. ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2002-2205 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT The Plaintiff, Katherine R. Downey, by her attorneys, Thomas, Thomas & Hafer, LLP, files the following Complaint. 1. The Plaintiff, Katherine R. Downey, is an adult individual who resides at 207 Bailey Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendants, Robert J. Tracy, Angela R. Tracy and Michael P. Tracy, are adult individuals who reside at 607 Sixteenth Street, New Cumberland, Cumberland County, Pennsylvania. 3. The Defendants, Angela R. Tracy and Michael P. Tracy, are the parents of the Defendant, Robert J. Tracy, who was less than twenty-one (21) years of age at all times relevant hereto. COUNT I Katherine R. Downey v. Robert J. Tracy 4. The above averments are incorporated herein. 5. On or about May 11, 2000, Defendant Robert J. Tracy caused the accident in question when he drove a car owned by the Defendants, Angela R. Tracy and Michael P. Tracy, through a stop sign, without stopping, at a high rate of speed, at the intersection of Sixteenth Street and Brandt Avenue, New Cumberland, Pennsylvania, causing a collision with a car operated properly and lawfully by Plaintiff, Katherine R. Downey. 6. The accident was caused by the carelessness, negligence and recklessness of Defendant Robert J. Tracy, in that he: (a) drove the vehicle while under the influence of alcohol and/or controlled substances to a degree which rendered him incapable of safe driving; (b) drove the vehicle while the amount of alcohol by weight in his blood was greater than 0.02% and/or greater than 0.10%; (c) drove the vehicle at a speed greater than the maximum lawful speed; (d) drove the vehicle at an unsafe speed; (e) failed to keep a proper lookout; (f) failed to exercise adequate control over the vehicle; and (g) operated the vehicle in violation of the Motor Vehicle Code, as indicated above. 7. As a result of the accident, which was caused by the negligence and wrongful conduct of the Defendants, the Plaintiff, Katherine R. Downey, suffered serious and substantial injuries and damages, including but not limited to the following: (a) injuries to her knees, left wrist and hand, including but not limited to synovitis, internal derangement, carpal tunnel syndrome; (b) closed head injury; (c) severe shock to her nerves and nervous system, emotional distress, anxiety and depression; (d) post-traumatic stress syndrome and panic; (e) bruises, strains and/or sprains of the calves, neck, ribs, back and chest; (f) multiple lacerations and contusions; (g) right ankle injury; (h) osteoarthritis; (i) myofascial pain; (j) loss of feeling in hands; (k) weakness in arms and shoulders; (I) loss of range of motion; (m) medical expenses; and (n) loss of income and diminished earning capacity; 8. Defendant Robert J. Tracy, knew or recklessly disregarded the risk that he was or would become intoxicated and unfit to drive and that his condition and conduct posed an unreasonable risk of serious harm to others, but he nonetheless proceeded in conscious or reckless and/or malicious indifference to and disregard of the rights and safety of others. 9. Defendant Robert J. Tracy's conduct was outrageous. WHEREFORE, the Plaintiff, Katherine R. Downey, respectfully requests judgment in her favor and against the Defendant, Robert J. Tracy, for compensatory and punitive damages in an amount in excess of $35,000, plus delay damages, costs and interest. COUNT II Katherine R. Downey v. Angela R. Tracy and Michael P. Tracy 10. It is believed and averred that the Defendants, Angela R. Tracy and Michael P. Tracy, owned, possessed and/or controlled the vehicle driven by Defendant Robert J. Tracy at the time of the accident and negligently, carelessly and/or recklessly entrusted it to him, thereby causing the accident and Plaintiff's injuries and damages. 11. The carelessness, negligence and/or recklessness of the Defendants, Angela R. Tracy and Michael P. Tracy, included the following: (a) entrusting the vehicle to Defendant, Robert J. Tracy, when they knew or should have known that he was or would become intoxicated and would drive the vehicle in that condition; (b) entrusting the vehicle to Defendant, Robert J. Tracy, when they knew or should have known that he had driven vehicles while intoxicated on prior occasions; (c) entrusting the vehicle to Defendant, Robert J. Tracy, when they knew or should have known that he had been arrested before for driving while intoxicated or under the influence; (d) entrusting the vehicle to Defendant, Robert J. Tracy, when they knew or should have known that he had driven vehicles in a reckless manner on prior occasions; and (e) entrusting the vehicle to Defendant, Robert J. Tracy, when they knew or should have known that he had a propensity to drive while intoxicated, recklessly and dangerously. 12. The Defendants, Angela R. Tracy and Michael P. Tracy, entrusted the vehicle to the Defendant, Robert J. Tracy, in conscious, reckless and/or malicious indifference to and disregard of the rights and safety of others. 13. The Defendants' conduct was outrageous. WHEREFORE, the Plaintiff, Katherine R. Downey, respectfully requests judgment in her favor and against the Defendants, Angela R. Tracy and Michael P. Tracy, for compensatory and punitive damages in an amount in excess of $35,000, plus delay damages, costs and interest. Respectfully submitted, THOMA~'~,~HOMAS & HAFER, LLP P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 VERIFICATION 1, Katherine R, Downey, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, §4904 relating to unsworn falsification to authorities CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attomey for Defendant, , hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Dated: :171295.1 I.D.'/f-42834 ! P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 KATHERINE R. DOWNEY, Plaintiff ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2205 CIVIL TERM : : CIVIL ACTION - LAW JURY TRIAL IDEMANDED NOTICE TO PLEAD To: Katherine R. Downey; and Peter J. Speaker, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER Dated: 11/07/2002 By Richard H. Wix, Esq., ID# 07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 KATHERINE R. DOWNEY, Plaintiff Vo ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2205 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW come the Defendants, by their attorneys, Wix, Wenger & Weidner and set forth the following Answer with New Matter to Plaintiff's Complaint. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. It is admitted that the accident was caused by the negligence of Defendant Robert J. Tracy. 6. Without admitting each and every allegation of paragraph 7, it is admitted that the accident was caused by the negligence of Defendant Robert J. Tracy. 7. Denied. 8. Denied. 9. Denied. 10. It is denied that Michael P. Tracy was the owner of the vehicle ddven by Robert J. Tracy. It is admitted that the vehicle was owned by Angela R. Tracy. 11. The allegations of paragraph 11 are specifically denied. 12. The allegations of paragraph 12 of the Plaintiff's Complaint are denied. 13. Denied. NEW MATTER 14. Plaintiff's claims are barred in whole or in part by the previsions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 15. Plaintiff's claims may be barred in whole or in part by the previsions of the Pennsylvania Comparative Negligence Law. 16. Defendant Angela R. Tracy was not negligent in any manner. 17. Defendant Michael P. Tracy was not negligent in any manner, nor was he the owner of the vehicle operated by Robert J. Tracy. WHEREFORE, Defendants demand judgment against the Plaintiff, together with costs of this action. Dated: 11/07/2002 Respectfully submitted, WiX, WENGER & WEIDNER By Richard H. Wix, Esq., ID~ 07274 Attorneys for Defendants 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Robert Tracy, have read the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties ,of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities which proVides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: CERTIFICATE OF SERVICE AND NOW, this 7th day of November, 2002, I, Gaye Cdst, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendants, hereby certify that I served the within Defendants' Answer with New Matter to Plaintiff's Complaint this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Peter J. Speaker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 WIX, WENGER & WEIDNER Gaye ~'rist THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 P. O. Box 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 KATHERINE R. DOWNEY, Plaintiff ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2002-2205 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL. DEMANDED REPLY TO NEW MA TTER The Plaintiff, Katherine R. Downey, by her attorneys, Thomas, Thomas & Hafer, LLP, files the following Reply to New Matter. 14-15. The allegations consist of legal conclusions to which no response is required. If a response is required, then the allegations are denied specifically. 16-17. Denied. Plaintiff's Complaint is incorporated herein. WHEREFORE, the Plaintiff, Katherine R. Downey, demands judgment against the Defendants, Robert J. Tracy, Angela R. Tracy and Idichael P. Tracy, plus interest and costs. Dated: Respe,~/~/~itted, li~! '~.~peaker, Esquire .,~42834 ~. Box 999 , North Front Street Harrisburg, PA 17108 (717) 255-7644 VERIFICATION I, Katherine R. Downey, verify that the statements rnade in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attomey for Defendant, , hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by' placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Dated: 211070 P~e~ J. I.D. ,#,!.-~ i~ker, Esquire 934 P. O. Box 9919 305 North Front Street Harrisburg, PA 17108 (717) 255-76¢4 KATHERINE R. DOWNEY, Plaintiff ROBERT J. TRACY, ANGELA R. TRACY and MICHAEL P. TRACY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2002-2205 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WlTHDRAWAUENTRY OF APPEARANCE To: Curt Long, Prothonotary Please withdraw the appearance of the u~ Plaintiff, Katherine R. Downey, in connection with/~e abov~ _ P~ter U. ~ak~ ~Esquire I.D ~2~4 Thom~, Thomas & Hafer, LLP P. O. Box 999 Dated: ~-J~-0~ Harrisburg, PA 17108 (717) 255-7644 of record for Please enter the appearance of the undersigned as counsel of record for Plaintiff, Katherine R. Downey, in connection with the above matter. 120 South Street Harrisburg, PA 17101-1210 (717) 236-7959 MORGAN & WILKEN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 ATTORNEYS FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE DOWNEY v. NO. 2002-2205 Civil ROBERT TRACY, ANGELA TRACY and MICHAEL TRACY, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ORDER TO SETTLE. DISCONTINllJE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. MORGAN & WILKEN, P.C. ~--". BYcfj{ l^v~ ScQy> . Morgan Esquire Attorney for Plaintiff DATED: January 28,2005 ~~? ,'.,..1 .~.;;> en -" rr'i CJ .~.~ -" -.-' \9 J::-' .~