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Home My WebLink About06-5214 , .. - BYLER, GOODLEY, WINKLE & HETRICK, P,C, BY: D. HolbrookDuer, Esquire Identification No, 57324 363 West Roseville Road Lancaster, PA 17601 Attotneys for Plaintiff, (717) 560-6330 Anttiony Bonafede IN THE COURT OF COMMON PLEAS OF CUMBERLANd COUNTY, PENNSYLVANIA No: C>(. -S~Il{ Gi()lL/~ ANTHONY BONAFEDE, 1840 Bradfield Drive, Apt. 43 Mount Joy, P A 17552 Plaintiff, v. BRANDON KEDRICK 33 Newville Road Shippensburg, P A 17257 Defendant JURy TRIAL DEMANDED PRAECIPE FOR WRIT OF SUM~~ TO THE PROTHONOTARY: Please issue a writ of summons against the Defendant in ~e above matter, BYLER, GOODLEY, WINKLE, & HETRIC~, P,C. By: ~ ~ D. Holbrook'Duer, Esquire ~ Attorney ID No. 57324 363 West Roseville Road Lancaster, P.4\ 17601 (717) 560-63,30 Attorney for Plaintiff Dated: September 5, 2006 - . (':) ~ ~ Q, re 70 ~ ~ ;? 'i:n it t.;"), ct1~ ..' ',"" -0 -00 err I ~J) \ - '.'),0 - ~ 0 -l ..'~~ ...., ':,_-n -0 ;;~~\ ~ ~ p:J ----~ ~"' :::, fC --o;"~ ~ y'" L-,; '2 ~ c -J. ~ .' 0,$) ~ i .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF SUMMONS - CIVIL ACTION TO THE SHERIFF OF CUMBERLAND COUNTY: ANTHONY BONAFEDE, Plaintiff, No: Dl. - SJ.I~ G,"u~{ t-~~ y, BRANDON KEDRICK Defendant , JURy TRIAL DEMANDED TO: BRANDON KENDRICK You are notified that Anthony Bonafede, Plaintiff, has cojrunenced an action against you, ~_OO< ., ,2006 f!~ PROTIIONOTAR; By: Deputy Byler, Goodley, Winkle, & Hetrick, P.C, By: D. Holbrook Duer, Esquire, I.D. # 57324 Attorney for Plaintiff ( \, 06HB-OO 141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brandon Kedrick ANTHONY BONAFEDE, PLAINTIFF VS. BRANDON KEDRICK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 5214 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF ApPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Brandon Kedrick. Date: October 16,2006 Respectfully submitted, , By: Donald R. Dorer, Esq ire Attorney for Defendant Identification No. 39126 " " 06HB-00141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brandon Kedrick ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: D. Holbrook Duer, Esquire Byler, Goodley, Winkle & Hetrick, P.C. 363 West Roseville Road Lancaster, PA 17601 Attorney for Plaintiff Date: October 16. 2006 )~ Donald R. Dorer, Esquire Attorney for Defendant (') ~ ~~.~., Z:C' zr;: ~...~" t;2c' ~2 ~ f"o..,) g ~". ~ =i -0 o::n :X5~ ~ -I N ~ .r:- , .. 06HB-OO 141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brandon Kedrick ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a or suffer the entry of a Judgment of Non Pros. (20) days hereof Date: October 16.2006 Donald R. Dorer, Esquire Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this Jf~ day of (\) ct:.l.- , 2006 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. c:~ /P~OOT Y * ... 06HB-OO 141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brandon Kedrick ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy ofthe attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: D. Holbrook Duer, Esquire Byler, Goodley, Winkle & Hetrick, P.C. 363 West Roseville Road Lancaster, P A 17601 Attorney for Plaintiff Date: October 16, 2006 Donald R. orer, Esquire Attorney for Defendant ~ ~'if\. ~'J:~ zt-' UJ. :t.::. :.c ..:, ~c ~c ...:.0 rC Z :;2 ~ ~ o ~ - 0:> ~ -' <<.~ -oh; ~~~ ~"r.i q~ :;,:..\:n g ~ -0 -;:J: rv .' '" .::- BYLER, GOODLEY, WINKLE & HETRICK, P.C. BY: Eric 1. Winkle, Esquire Identification No. 57946 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Anthony Bonafede IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W ANTHONY BONAFEDE, Plaintiff No. 06-5214 v. JURY TRIAL DEMANDED BRANDON KEDRICK, Defendant 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 claim 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 32 S. BEDFORD ST. CARLISLE, PA 17013 (717) 249-3166 Toll Free: 1-800-990-9108 1 BYLER, GOODLEY, WINKLE & HETRICK, P.C, BY: Eric 1. Winkle, Esquire Identification No. 57946 363 West Roseville Road Lancaster, PA 17601 Attorneys for Plaintiff, (717) 560-6330 Anthony Bonafede IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W ANTHONY BONAFEDE, Plaintiff No. 06-5214 v. JURY TRIAL DEMANDED BRANDON KEDRICK, Defendant COMPLAINT Plaintiff, Anthony M. Bonafede, by and through his attorneys, Byler, Goodley, Winkle & Hetrick, P.C, files the within Complaint and in support thereof avers as follows: 1. Plaintiff, Anthony M. Bonafede is an adult individual with a principal place of residence located at 5 Spring Hill Lane, Mountville, PA 17554. 2. Defendant, Brandon Kedrick is an adult individual with a last known residence located at 33 Newville Road, Shippensburg, PA 17257. 3. On or about September 7,2004 Plaintiff was operating a motor vehicle on East King Street in Shippensburg Borough, Cumberland County, Pennsylvania. 4. Plaintiff was stopped in traffic at a red light on East King Street. 5. While Plaintiff was stopped in traffic, Defendant drove his vehicle into the rear end of Plaintiff's vehicle, pushing Plaintiff's vehicle into the car that was stopped in front of Plaintiff. 2 6. The accident occurred at approximately 4:00 in the afternoon. 7. At the time of the accident, neither Plaintiff nor the automobile in front of him were moving; they were completely stopped and had been for some time prior to Defendant striking Plaintiff's vehicle in the rear. 8. At the time of the accident Plaintiff was wearing his seatbelt. 9. The impact of Defendant's vehicle striking Plaintiff's vehicle shoved Plaintiff violently forward. The combination of his seatbelt and striking the vehicle in front of him slammed Plaintiff violently backward. As a result of the accident, Plaintiff's head violently struck his headrest. 10. Defendant failed to allow sufficient distance between his automobile and Plaintiff's automobile in order to avoid a collision. 11, Defendant failed to take action to avoid colliding with Plaintiff's automobile which was stopped in front of Defendant; Plaintiff's brake lights were operating at the time. 12. It is believed and therefore averred that the Defendant was traveling at a speed which was not safe given the traffic conditions existing at the time of the accident. 13. Defendant owed a duty to Plaintiff to operate Defendant's vehicle in a manner so as not to collide with Plaintiff's lawfully stopped vehicle. 14, Defendant's actions were clearly negligent as he failed to stop his vehicle at the red light prior to running into the car that was already stopped in front of him. 15. Defendant's negligence was the proximate cause of Plaintiff's injuries described in this Complaint. 3 16. Within a few days after the accident Plaintiff began to suffer from the following symptoms: a. Loss of short-term memory; b. Intense headaches causing severe pain and nausea; c. Lower back pain and soreness; d. Occasional numbness of the back of Plaintiff s right leg; and e. Occasional shooting pain in the front of Plaintiff s right leg. 17. With the exception ofthe short-term memory loss which resolved itself within the first few weeks ofthe accident, all of the above symptoms continue with varying degrees of severity to this day. 18, Beginning during the week of the accident and continuing through the filing of this Complaint, Plaintiff has treated with various healthcare providers in an attempt to alleviate the pain caused by the automobile accident. 19. To date, neither Plaintiff nor his healthcare providers have found any course of treatment that permanently alleviates the pain suffered as a result of the accident. 20. Prior to the accident, Plaintiff was a healthy 22-year old man. 21. If Plaintiff incurs any medical expenses that are subject to recovery under the Pennsylvania Motor Vehicle Financial Responsibility Act or a federal statue which preempts such Act, recovery is hereby sought. 22, As a result of the accident, Plaintiff has sustained pain, suffering and loss oflife's pleasures. 23. The amount in controversy exceeds the amount above which arbitration is mandatory in Cumberland County. 4 WHEREFORE, Plaintiff, Anthony M. Bonafede hereby demands judgment in his favor and against Defendant, Brandon Kendrick as follows: a. Reimbursement for legally recoverable medical expenses; b. An amount to be determined at time of trail for Mr. Bonafede's pain, suffering and loss of life's pleasures as a result of the injuries sustained in the accident. Respectfully submitted, BYLER, GOODLEY, WINKLE & HETRICK, P.C. 7d Date: November~, 2006 /74 By: Eric L. Winkle, Esquire Attorney ID No. 57946 363 West Roseville Road Lancaster, P A 17601 Telephone: (717) 560-6330 Attorneys for Plaintiff, Anthony Bonafede 5 VERIFICATION I, Anthony M. Bonafede, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: ~R~ ?11-~ 1:\ Wpdocs\ClientslBonafede, Anthony M\Pleadings\ Verification, doc . , CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been sent this day by First Class Mail, Postage Prepaid, to: Donald R. Dorer, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 (Attorneys for Defendant, Brandon Kedrick) BYLER, GOODLEY, WINKLE & HETRICK, P.C. d Date: November~ 2006 n~ By: Eric L. Winkle, Esquire Atty. LD. No. 57946 363 West Roseville Road Lancaster, PA 17601 Telephone: (717) 560-6330 Attorneys for Plaintiff, Anthony Bonafede 7 1:\ Wpdocs\Clients\Bonafede. AnthonyM\Pleadings\Complaintdoc (-) c r-...:> ,~-=) t ..:~ C""' o -n :.-:.J r-:~.l ~~ -':'1~ -- I ()^' -n ......;.::.. C.~) f,J c"\ J> :D -< f") ....." IV . 06HB-OO 141 , I LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 : Camp Hill, PA 17011 Telephone Number: (717) 731-0988 , Attorneys for Defendant, Brandon Kedrick I I , ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO CO~PLAINT WITH NEW MATTER 1. Admitted. 2. Denied. By way of further statement, Defendant, Brandon Kedrick, is an adult individual residing at 2510 Sardonyx Drive, Chambersburg, Pennsylvania 17201. 3. Admitted. 4. Admitted. , I , I 5. Denied. Paragraph 5 ofPlairttiffs Complaint is generally denied pursuant to Pa. I I I R.C.P, 91029(e). I 6. Admitted. 7. Denied. Paragraph 7 ofPlai*iffs Complaint is generally denied pursuant to Pa. R.C.P.91029(e). 8. Denied. Paragraph 8 ofPlairitiffs Complaint is generally denied pursuant to Pa. R.C.P.91029(e). 9.-23. Denied. Paragraphs 9 tlutough 23 of Plaintiffs Complaint are generally denied pursuant to Pa. R.C.P. 91029(e). WHEREFORE, Defendant, Brandon Kedrick, respectfully requests your Honorable Court to dismiss the Plaintiffs Complaint with prejudice. NEW MATTER I 24. Paragraphs 1 through 23 ar~ incorporated herein by reference, and made a part hereof I I I I , as if set forth in full. 25. The Plaintiffs claims for ncm-pecuniary damages may be barred by the limited tort option of the Pennsylvania Motor Vehicle Financial Responsibility Act pursuant to 75 Pa. C.S.A. 91705. 26. The Plaintiffs claims for medical expenses and/or wage losses may be barred, or I should be reduced, pursuant to 91722 of the Pennsylvania Motor Vehicle Financial Responsibility Act. 2 I WHEREFORE, Defendant, BrJ.don Kedrick, respectfully requests your Honorable Court to dismiss the Plaintiffs Complaint witf prejudice. I I Respectfully submitted, Date: November 28. 2006 3 06HB-OO 141 , I LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 I Attorneys for Defendant, Brandon KJdrick I I I ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06-5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED I VERIIFICA TION I I, Brandon Kendrick, verify th~t the statements made in the foregoing Answer to I Complaint with New Matter which are Within the personal knowledge of the undersigned, are , true and correct, and as to the facts bastd on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigaFon and trial preparation are complete and I leave the determination of these matters to my attlorneys on their advice. I , I understand that all statements ~erein are made subject to the penalties of 18 Pa.C.S.A. I ~4904, relating to unsworn falsifications to authorities. ~~~j Brandon Kendrick Dated: / I / '2..& / 'ZOOC:: , , . t I r _ 06HB-00141 , LAW OFFICE OF SNYDER & DO~R 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 I Attorneys for Defendant, Brandon Kfdrick I I ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTI~ICATE OF SERVICE , Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, , , and that he caused a true and correct coPy of the attached Answer to Complaint with New I , I Matter to be served by regular first c1as~ mail upon: , , Eric L. Winkle, Esquire Byler, Goodley, Winkle & Hetrick, P.C. 36~ West Roseville Road 4ancaster, P A 17601 Attorney for Plaintiff Donald R. Dorer, Esquire Attorney for Defendant Date: November 28. 2006 (") C :2'" u($ ~~; &5'J,,:.. -/ ...~..". ~~~: ,;:.:C.i ,""c: z :<! ~ = <::I <:T' Z o -< N U) -0 :x N .. ~ :e ~.~ ~J)""" oy ,,-10 :r: ....,.-; :.-.,"''/1 Z~ ~ ~ + \D SHERIFF'S RETURN - REGULAR CASE NO: 2006-05214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BONAFEDE ANTHONY VS KEDRICK BRANDON ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KEDRICK BRANDON the DEFENDANT , at 2020:00 HOURS, on the 20th day of September, 2006 at 33 NEWVILLE ROAD SHIPPENSBURG, PA 17257 by handing to MIKE SMITH, STEPFATHER 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 Service Affidavit Surcharge So Answers: Sworn and Subscibed 18.00 5.28 .00 10.00 .00 33.28/' IO/OLJ/Oc' ~ to ~~~ R. Thomas Kline 09/21/2006 BYLER GOODLEY WINKLE & HETRICK before me this day By' r2 ~ ~t~erif of A.D. 7310987 .'" , 1706:56 02~22~2007 3/3 06HB-00141 BYLER, GOODLEY, WINKLE & HETRICK, P.c. Michael J. Navalkowsky, Esquire 363 West Roseville Road Lancaster, PA 17601 Telephone No.: (717) 560-6330 Attorneys for Plaintiff, Anthony Bonafede ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 5214 BRANDON KEDRICK, , DEFENDANT ' CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. BYLER, GOODLEY, WINKLE & HETRICK, p.e. Date: 2A.)~7 I / By.~~~ Michael 1. Nava wsky, Esquire 363 West Roseville Road Lancaster, PA 17601 Telephone No.: (717) 560-6330 Attorney for Plaintiff Court I.D. q<!'t b .." .. 06HB-OO 141 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, P A 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Brandon Kedrick ANTHONY BONAFEDE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 5214 BRANDON KEDRICK, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: Michael J. Navalkowsky, Esquire Byler, Goodley, Winkle & Hetrick, P .C. 363 West Roseville Road Lancaster, P A 17601 Attorney for Plaintiff Date: February 28. 2007 . . .I o C -~'r ~.;...--~ ~.L ~ = --' ::r::. ~; - o -n .-\ :I:-n rnp -nl~n :L'\.:r' c:) ,~~ ;{i~a 0'" .--1. .~ ::.< -0 ~ <-;'? \D