HomeMy WebLinkAbout02-3073IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs
CARA ROSE MCKAY,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth against you 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 default 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 THIS OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs
CARA ROSE MCKAY,
Defendant
: CIVIL ACTION - LAW
:
._
:
:
JURY TRIAL DEMANDED
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de
las quejas expuestas en las paginas siguientes, debe tomar acci0n dentro de veinte
(20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe
presentar comparecencia escrita en persona o por abogado y presentar en la Corte por
escrito sus defensas o sus objeciones a las demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte
puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinem mclamado
en la demanda o por cualquier otra queja o compensaci6n reclamados por el
Demandante. USTED PUEDE PERDER DINERO, O PROPRIEDADES U OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA
OFIClNA EN LA DIRECClON ESCRITA ABAJO PARA AVERIGUAR DONDE
PUEDE OBTENER ASISTENClA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telefono (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs
CARA ROSE MCKAY,
Defendant
_.
_.
: CIVIL ACTION - LAW
,.
:
: JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs, Wendy J. Hammaker and Maximilian Stevens are adult
individuals residing at 430 Mountain Road, Dillsburg, Pennsylvania.
2. The Defendant, Cam Rose McKay is an adult individual residing at 118
South 17th Street, Camp Hill, Pennsylvania.
3. The facts and occurrences hereinafter stated took place on or about July
6, 2000, at or about 1:40 p·m. in Camp Hill, Cumberland County, Pennsylvania.
4. At the aforesaid time and place, Plaintiff was operating her vehicle in a
southeasterly direction along Market Street in Camp Hill.
5. At the aforesaid time and place, Defendant was operating her vehicle in a
northwesterly direction along Market Street.
6. At the aforesaid time and place, Defendant, suddenly and without warning,
turned left onto 34th Street at the intersection of 34th Street and Market Street directly in
front of the Plaintiff.
7. At the aforesaid time and place, and due to the negligence and
carelessness of the Defendant, Plaintiff was unable to avoid striking the Defendant's
vehicle causing her to sustain injuries set forth below.
COUNT I
WENDY J. HAMMAKER
V.
CARA ROSE MCKAY
Paragraph 1 through7 are incorporated herein by reference and made a
part hereof.
9.
The negligence and carelessness of the Defendant consisting of:
a. Operating her vehicle in an excessive rate of speed under the
cimumstance.
b. Failing to have her vehicle under proper and adequate control.
c. Failing to apply the brakes in time to avoid a collision.
d. Failing to observe the Plaintiff's vehicle on the highway.
e. Failing to keep a reasonable lookout for other vehicles lawfully on the
roadway.
f. Failure to exercise the high decree of care required at an intersection
and in failing to maintain a proper lookout for traffic at said intersection.
g. Failure to yield to an oncoming driver when making a left turn in
violation of 75 Pa.C.S.A. §3322.
h. Failure to yield the right of way in violation of 75 Pa,C.S.A. §3323.
10. The accident was caused by the negligence and carelessness Negligence
of the Defendant and in no way was caused by the Plaintiff.
11. As a result the aforesaid mentioned collision, Plaintiff suffered serious and
permanent injuries which include but are not limited to:
a. A blow to her jaw resulting in the tempromandibular joint soreness.
b. A blow to her knees resulting in bilateral knee pain and patellar
tendonitis.
c. A blow to her hand and wrist resulting in joint pain and tendemess.
d. Injury to her head resulting in headaches.
e. A shock to her nerves and nervous system.
12. As a result of these injuries, the Plaintiff has undergone in the past and will
undergo in the future great pain and suffering.
13. As a result of her injuries, Plaintiff has, or may hereinafter, suffer a
permanent disability and a permanent impairment of earning power and capacity.
14. As a result of her injuries, Plaintiff may have sustained a permanent
imunation in the ability to enjoy life and life's pleasures.
15. As a result of her injuries, Plaintiff has incurred or may hereinafter incur
other medical expenses and income losses which exceed sums unrecoverable under 75
Pa.C.S. §1711.
WHEREFORE, Plaintiff demands judgment of the Defendant in an amount in
excess of applicable arbitration limits.
16.
part hereof.
17.
COUNT II
MAXIMILIAN STEVENS
V.
CARA ROSE MCKAY
Paragraph 1 through15 aro incorporated herein by reference and made a
As a result of the injuries sustained by his wife, Plaintiff Maximilian
Stevens has been and will be deprived of the assistance, companionship, consortium
and society of his wife, all of which has been and will be to his groat detriment and loss.
WHEREFORE, Plaintiff demands judgment of the Defendant in an amount in
excess of applicable arbitration limits.
Respectfully submitted,
LAW OFFICE OF DALE E. ANSTINE
Two West Market Street
P. O. Box 952
York, PA 17405
717-846-0606
Attorney for Plaintiff
VERIFICATION
I, WENDY J. HAMMAKER, hereby states:
1. I am the Plaintiff in this action;
2. I verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief; and
3. I understand that the statements in said Complaint are made subject to the
penalties of 18 Pa.C.$. § 4904 relating to unswom falsification to authorities.
DATE:
VERIFICATION
I, MAXIMILIAN STEVENS, hereby states:
1. I am the Plaintiff in this action;
2. I verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief; and
3. I understand that the statements in said Complaint are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Maximilian Stevens
DATE:
S~ERIFF'S
CASE NO: 2002-03073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAMMAKER WENDY J ET AL
VS
MCKAY CARA ROSE
RETURN - REGULAR
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MCKAY CARA ROSE the
DEFENDANT , at 1826:00 HOURS,
at 118 SOUTH 17TH STREET
CAMP HILL, PA 17011
CARA ROSE MCKAY
on the 27th day of June , 2002
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
Sworn and Subscribed to before
me this ~ day of
~ ~-~ A.D.
/Pfothonotary
So Answers:
R. Thomas Kline
06/28/2002
DALE E ANSTINE
Deputy ~riff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, Husband
and Wife,
Plaintiffs,
VS.
CARA ROSE McKAY,
Defendant.
Civil Action - Law
No. 02-3073
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 101 ?
TO THE PROTHONOTARY:
Kindly enter the appearance of Robert A. Lerman, Esquire and Peter D. Solymos, Esquire of
Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Cara Rose McKay,
in the above-captioned matter and mark the docket accordingly.
GRIFFITH,/~TRICKLER, LERMAN,
MOS & CAL/~.~S
l~ett~D. Solymos y/' ~
' :ZT .5o 49o
Attorney for the Defendant, Cara Rose McKay
110 South Northern Way
York, PA 17402
Telephone: (717) 757-7602
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WENDY J. HAMMAKER and :
MAXIMILIAN STEVENS, Husband :
and Wife, :
Plaintiffs,
VS.
CARA ROSE McKAY, :
Defendant. :
Civil Action - Law
No. 02-3073
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this re'day of July, 2002, I, Peter D. Solymos, a member of the firm of
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I have this date
served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party
or attorney of record as follows:
Wayne C. Parsil, Esquire
Law Offices of Dale E. Anstine, P.C.
Two West Market Street
York, PA 17405
(Counsel for Plaintiff)
GRIFFJn~, STRICKLER, LERMAN,
~eter D. Soly~0'S "~ 3]
Supreme Court ID No. 074'/
Attorney for Defendant, Cara Rose McKay
110 S. Northern Way
York, PA 17402
(717) 757-7602
mlc/mckay-prp
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO:
NOTICE TO PLEAD
Wendy J. Hammaker and Maximilian Servens
c/o Wayne C. Parsil, Esquire
Law Offices of Dale E. Anstine, P.C.
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiff)
You are hereby notified to file a written response to the enclosed New Matter within
twenty (20) days from service hereof or a judgmem may be entered against you.
GRIFFITH, STRICK~, LERMAN,
?
PE~'ER ~. SO~ 2~O&, -ESQUIRE
Attorney I.D. ). 07475
110 Somh No hem Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and :
MAXIMILIAN STEVENS, husband and wife, :
Plaintiffs, :
.
V. '
.
CARA ROSE McKAY, :
:
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT, CARA ROSE McKAY'S
ANSWER TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Cara Rose McKay, by her counsel, Peter D. Solymos,
Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Answer and
New Matter to Plaintiffs' Complaint.
1. Admitted upon information and belief.
2. Admitted.
3. Admitted in part and denied in part. It is denied that the facts and occurrences
took place as described in Plaintiffs' Complaint. It is admitted that on July 6, 2000, at or about
1:40 p.m. a motor vehicle accident involving the Plaintiff, Wendy J. Hammaker and Defendant,
Cara Rose McKay occurred in Camp Hill, Cumberland County, Pennsylvania.
4. Admitted.
5. Admitted.
6. Denied. It is denied that at the aforesaid time and place, Defendant, suddenly and
without warning, turned left onto 34th Street at the intersection of 34th Street and Market Street
directly in front of Plaintiff. On the contrary, it is averred that at all times relevant, Defendant
McKay acted carefully, lawfully, properly, prudently and reasonably in connection with the
operation of her motor vehicle, under the circumstances, and strict proof to the contrary is hereby
demanded.
7.
and careless.
Denied. It is denied that at the aforesaid time and place, Defendant was negligent
The remaining allegations of paragraph 7 are denied pursuant to Pa.R.C.P. Rule
1029(e). On the contrary, it is averred that at all times relevant, Defendant McKay acted
carefully, lawfully, properly, prudently and reasonably in connection with the operation of her
motor vehicle, under the circumstances, and strict proof to the contrary is hereby demanded.
COUNT I
Wendy J. Hammaker v. Cara Rose McKay
8. The allegations set forth in paragraphs 1 through 7, inclusive, of the foregoing
Answer of Defendant, Cara Rose McKay to Plaintiffs' Complaint, are incorporated herein by
reference as if fully set forth at length.
9. Denied. It is denied that the negligence and carelessness of Defendant, Cara Rose
McKay consisted of:
a.
Operating her vehicle in an excessive rate of speed under the
circumstance.
Failing to have her vehicle under proper and adequate control.
Failing to apply the brakes in time to avoid a collision.
Failing to observe the Plaintiff's vehicle on the highway.
Failing to keep a reasonable lookout for other vehicles lawfully on the
roadway.
Failure to exercise the high degree of care required at an intersection and
in failing to maintain a proper lookout for traffic at said intersection.
g. Failure to yield to an oncoming driver when making a left turn in violation
of 75 Pa.C.S.A. §3322.
h. Failure to yield the right of way in violation of 75 Pa.C.S.A. §3323.
On the contrary, it is averred that at all times relevant, Defendant acted carefully,
lawfully, properly and prudently with due care under the circumstances, and that the Plaintiff
may have been comparatively negligent, as set forth hereafter in Defendant's New Matter.
10. Denied. It is denied that the accident was caused by the negligence and
carelessness of the Defendant and in no way was caused by the Plaintiff.
11. Denied. It is denied that, as a result of the aforesaid mentioned collision, Plaintiff
suffered serious and permanent injuries. The remaining allegations of paragraph 11 are denied
and that after reasonable investigation, Defendant is without knowledge or information sufficient
to form a belief as to the truth of the allegations, and same are hereby denied and strict proof
thereof is hereby demanded at the time of trial.
12. Denied. It is denied that the Defendant was negligent or that the Plaintiff suffered
injuries as the result of Defendant's negligence as alleged in Plaintiffs' Complaint. The
remaining allegations of paragraph 12 are denied and that after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to the troth of the
allegations, and same are hereby denied and strict proof thereof is hereby demanded at the time
of trial.
13. Denied. It is denied that the Defendant was negligent or that the Plaintiff suffered
injuries as the result of Defendant's negligence as alleged in Plaintiffs' Complaint. The
remaining allegations of paragraph 13 are denied and that after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to the truth of the
allegations, and same are hereby denied and strict proof thereof is hereby demanded at the time
of trial.
14. Denied. It is denied that the Defendant was negligent or that the Plaintiff suffered
injuries as the result of Defendant's negligence as alleged in Plaintiffs' Complaint. The
remaining allegations of paragraph 14 are denied and that after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to the truth of the
allegations, and same are hereby denied and strict proof thereof is hereby demanded at the time
of trial.
15. Denied. It is denied that the Defendant was negligent or that the Plaintiff suffered
injuries as the result of Defendant's negligence as alleged in Plaintiffs' Complaint. The
remaining allegations of paragraph 15 are denied and that after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to the truth of the
allegations, and same are hereby denied and strict proof thereof is hereby demanded at the time
of trial.
WHEREFORE, Defendant, Cara Rose McKay, demands judgment in her favor and
against the Plaintiffs together with costs of suit.
COUNT II
Maximilian Stevens v. Cara Rose McKay
16. The allegations set forth in paragraphs 1 through 15, inclusive, of the foregoing
Answer of Defendant, Cara Rose McKay to Plaintiffs' Complaint, are incorporated herein by
reference as if fully set forth at length.
17. Denied. It is denied that Defendant was negligent or that Plaintiff suffered
injuries as a result of Defendant's negligence as alleged in Plaintiffs' Complaint. The remaining
allegations of paragraph 17 are denied and that after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to the truth of the allegations,
and same are hereby denied and strict proof thereof is hereby demanded at the time of trial.
WHEREFORE, Defendant, Cara Rose McKay, demands judgment in her favor and
against the Plaintiffs together with costs of suit.
By way of further answer, Defendant asserts the following:
NEW MATTER
18. Answering Defendant's responses to paragraphs 1 through 17, inclusive, of
Plaintiffs' Complaint as set forth hereinabove, are incorporated herein by reference as if fully set
forth at length.
Plaintiffs' Complaint fails to state a cause of action upon which relief can be
19.
granted.
20.
21.
Plaintiffs' Complaint may be barred by applicable statutes of limitation.
Plaintiff's injuries and damages, if any, were caused solely and directly as a result
of individuals or entities other than Defendant over whom Defendant had no responsibility or
right of control.
22. PlaintifFs injuries and damages, if any, may have been caused solely and directly
as a result of the negligence, carelessness and recklessness of the Plaintiff, Wendy J. Hammaker,
which negligence, carelessness and recklessness may have consisted of the following:
a. failure to keep alert and maintain a proper lookout for other traffic;
b. failure to keep alert and maintain a proper lookout for other traffic in the
intersection;
c. failure to maintain proper control in the operation of her motor vehicle;
d. operating her motor vehicle in an unsafe manner;
e. negligently and carelessly driving her motor vehicle without due regard
for the rights and safety of others;
f. operating her vehicle at an unsafe rate of speed; and
g. failing to take appropriate, evasive action under the circumstances.
23. As a result of the negligence, carelessness and recklessness of the Plaintiff,
Wendy J. Hammaker as set forth in the immediately preceding paragraph, the claims of Plaintiff
are barred or diminished in accordance with the application of the Pennsylvania Comparative
Negligence Act.
24. Plaintiff, Wendy J. Hammaker has not sustained a serious injury as defined in the
Pennsylvania Motor Vehicle Responsibility Law (75 Pa.C.S.A. § 1702 et seq.)
25. Plaintiff's claims for non-economic damages may be barred because Plaintiffs
have elected a limited tort option as set forth in the Pennsylvania Motor Vehicle Responsibility
Law.
26. Plaintiffs may have failed to mitigate their damages.
27. Plaintiffs have received, or are entitled to receive, various benefits from insurance
arrangements, programs, and group contracts of insurance, including but not limited to benefits
under the Pennsylvania Motor Vehicle Responsibility Law, for medical bills and wage loss, and
they may not recover for the same benefits in this proceeding.
28. Plaintiff, Wendy J. Hammaker, has recovered from her injuries.
29. Plaintiff, Wendy J. Hammaker's alleged injuries and damages may have
preexisted or preceded the date of this accident and were not caused or aggravated by this
accident.
30. Plaintiff, Wendy J. Hammaker's alleged injuries and damages may have been
sustained subsequent to the date of this accident and were not caused by this accident.
31. At all times relevant, Defendant, Cara Rose McKay, acted carefully, lawfully,
properly, prudently and reasonably, with due care under the circumstances.
WHEREFORE, Defendant, Cara Rose McKay, demands judgment in her favor and
against the Plaintiffs together with costs of suit.
GRIFFITH, STRICKLER,~RMAN,
Attorney I.D. No. 07
110 South Northe~ay
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
VERIFICATION
I, Cara Rose McKay, hereby verify that the statements made in the foregoing
Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of my
personal knowledge or information and belief, as well as reports, records, conferences
and other investigatory material made available to me. To the extent that the foregoing
contains averments which are inconsistent in fact, I verify that my knowledge or
information is sufficient to fom~ a belief that one or more of them is true, although I am
currently unable, after reasonable investigation, to ascertain which of the inconsistent
averments are true.
To the extent that the foregoing contains legal conclusions or opinions, I hereby
state that my Verification is made upon the advice of counsel, upon whom I have relied
in the filing this document.
This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to
unsworn falsifications to authorities.
Dated: q [ ~ ,2002
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 8th day of October, 2002, I, Peter D. Solymos, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I
have this date served a copy of the Answer and New Matter to Plaintiffs' Complaint, by United
States Mail, addressed to the party or attorney of record as follows:
Wayne C. Parsil, Esquire
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiff)
GRI~H, STRICTER, LERMAN,
PE~II~ER D/~L~/IvlI~, ESQUIRE
Attorney I.D. No. 07475
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and :
MAXIMILIAN STEVENS, husband and wife, :
Plaintiffs, :
.
V. '
:
CARA ROSE McKAY, :
.
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ~'~ day of ~ , 2002, I, Peter D. Solymos, Esquire, a
member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby
certify that I have this date served a copy of Defendant's Response to Plaintiffs' Request for
Production of Documents, by United States Mail, addressed to the party or attorney of record as
follows:
Wayne C. Parsil, Esquire
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
PETER D. SOLYMOS,'ESQUIP~
Attorney I.D. No. 07475
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this ~ day of~~ ,2002, I, Peter D. Solymos, Esquire, a
member of the firm of GRI~ITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby
certify that I have this date served a copy of Defendant's Answers to Plaintiffs' Interrogatories,
by United States Mail, addressed to the party or attorney of record as follows:
Wayne C. Parsil, Esquire
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiff)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
~ETER D. SOLVM6S'i~S-QUII~
Attorney I.D. No. 07475
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
Vo
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 9th day of October, 2002, I, Peter D. Solymos, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I
have this date served a copy of Defendant's Interrogatories/Request for Production of
Documents to Plaintiffs, by United States Mail, addressed to the party or attorney of record as
follows:
Wayne C. Parsil, Esquire
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Attorney I.D. No. 07475
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
: NO.02-3073
CIVIL ACTION - LAW
:
JURY TRIAL DEMANDED
.PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT~
AND NOW, comes the Plaintiff, Wendy Hammaker, by and through her attorney Wayne
C. Parsil, Esquire and files the following Reply to New Matter:
18-31. Denied. These averments are denied and all defenses are preserved
pursuant to Pa. R.C.P. 1039(e).
Date: tO-I~ -O2
Respectfully submitted,
LAW OFFICES OF DALE E. ANSTINE, P.C.
Two West Market Street
P. O. Box 952
York, Pennsylvania 17405
(717) 846-0606
Attorney for Plaintiff
VERIFICATION
I, Wayne C. Parsil, hereby verify that I am the attorney for the Plaintiff in this
action and I am authorized to take this verification on behalf of the Plaintiff. The facts
set forth in the foregoing are true and correct to the best of my knowledge, information
and belief and are facts provided to me by the Plaintiff or provided to me through other
sources.
I understand, that i arn subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities for any false statements made therei .
Date: I0-1~1-(:~. ,,~ _.._~ ,~~. ~~~(~
~ W~L,~e C. Pa'rsil, Esquire
--CERTIFICATE OF SERVICF
I HEREBY CERTIFY that a true and correct copy of the PLAINTIFF'S REPLY TO
NEW MATTER OF DEFENDANT has been served upon the following by placing same in
the United States mail, postage prepaid, at York, Pennsylvania on this 29th day of October
2002.
Peter D. Solymos, Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA 17402
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this/~/_0ff~day of June, 2003, a copy of the forgoing
Notice to Take Deposition of Wendj J. Hammaker was forwarded, via first class mail to
the following:
Wendy J. Hammaker
c/o Wayne C. Parsil, Esquire
Law Offices of Dale E. Anstine, P.C.
Two West Market Street
York, Pennsylvania 17401
(Attorney for PlaintifO
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
Attorney I.D. ~: 07475
110 S. Northern Way
York, PA 17402
71%757-7602
Attorney for Defendant
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day of June, 2003, a copy of the forgoing
Notice to Take Deposition of Maximilian Stevens was forwarded, via first class mail to
the following:
Maximilian Stevens
c/o Wayne C. Parsil, Esquire
Law Offices of Dale E. Anstine, P.C.
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiffs)
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
/D.,~O~, ESQUIRE
,i.D. #: 07475
110 . Northern Way
York, PA 17402
717-757-7602
Attorney for Defendant
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and subraitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( x ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS,
husband and wife
( Plaint iff )
vs.
CARA ROSE McKAY
( Defendant )
vs.
( check one )
(x) Civil Action - Law
( ) Appeal from Arbitration
( )
(other)
The trial list will be called on
and
12/9
Trials corrmence on 1 / 12 / 04
12/17/03
Pretrials will be held on
(Briefs are due 5 days before pretrials. )
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1. )
No.02-3073 Civil 19
Indicate the attorney who will try case for the party who files this praecipe:
Wayne C. Parsil, Esquire
Indicate trial counsel for other p~rties if known: Peter D. Solymos, Esquire
Attorney for:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S OBJECTION TO
CERTIFICATE OF READINESS/
MOTION TO STRIKE CASE FROM TRIAL LIST
Defendant, Cara Rose McKay, by her undersigned counsel, objects to Plaintiffs'
Certificate of Readiness for the following reasons:
1. On November 13, 2003, counsel for Plaintiff filed with this Court a Praecipe for
Listing Case for Trial and certified that this case was ready to trial.
2. The Praecipe for Listing Case for Trial has been filed prematurely.
3. This case is not ready for trial.
4. This case arises out of a motor vehicle accident which occurred on July 6, 2000,
in Cumberland County, Pennsylvania.
5. Plaintiffs filed their Complaint on June 26, 2002, and was served upon Defendant
on June 27, 2002.
6. The Plaintiff, Wendy Hammaker, was involved in two other motor vehicle
accidents - one on June 8, 2000, which pre-dates the accident involved in this litigation, and one
on August 3, 2000, which post-dates the accident involved in this litigation.
7. In the motor vehicle accident of August 3, 2000, which apparently occurred in the
State of Maryland, suit has been instituted.
8. Plaintiff claims injury to her knees as a result of the July 6, 2000 accident, and
injury to her neck in the August 3, 2000 accident; Plaintiffbegan treating for both of these
injuries in September of 2000 with a medical provider who attributes all of Plaintiff' s problems
to the August 3, 2000 accident.
9. At the deposition of Plaintiff, Wendy Hammaker, counsel for Defendant
specifically requested receipt of all documents relating to the Maryland lawsuit, including
pleadings and discovery.
10. As part of ongoing discovery in this case, Plaintiffs' counsel was to provide lost
wage information, as stated in Plaintiffs' Response to Defendant's Request for Production of
Documents, and information regarding the August 3, 2000 motor vehicle accident, which has not
been received as of this date.
l 1. Defendant noticed the deposition of both Plaintiffs for July 21, 2003.
12. Plaintiff, Wendy Hammaker, was deposed on that date; however, Plaintiff,
Maximilian Stevens failed to appear.
13. Defendant believes that Plaintiff, Maximilian Stevens, must be deposed since he
has a loss of consortium claim and may be able to cast light on the nature and extent of Plaintiff,
Wendy Hammaker's injuries in the August 3, 2000 accident, and also because he has a loss of
consortium claim as a result of that case.
14. As of this date, no information has been received regarding Plaintiffs' motor
vehicle accident of August 3, 2000 in Maryland.
15. The requested discovery is needed to complete an evaluation of this case and so
that Defendant's counsel can select an independent medical examiner.
16. Defendant has done nothing to delay this matter.
17. Defendant's request that this case be stricken from the trial list is not made to
delay the matter, but is made in order to complete appropriate and justified discovery.
WHEREFORE, Defendant, Cara Rose McKay, objects to Plaintiffs' Praecipe for Listing
Case for Trial and the certificate of readiness mad requests that this Court strike this case from
the Trial List.
GRIFFITH~TRICKLER, ~A ,~'
S~OL~MOS _i GAIIIq,~NS/
· SQUIRE
Attorney I.D. ~. 07475
110 South Nc~l'the"n Way
York, Pennsylvania 17402
(717) 757-7602
Attorney for Defendant
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is counsel
for the party or parties indicated on the preceding page as being represented by said counsel, that
he has examined the pleadings and the entire file made on behalf of said party or parties, that he
is taking this verification to assure compliance with the pertinent rules pertaining to timely filing
of pleadings and other documents described by said rules; and that the facts set forth in the
foregoing document are true and correct to the best of his knowledge, information and belief.
The undersigned understands that thc statements therein are made subject to the penalties of 18
PA C.S,A. SECTION 4904 relating to tmsworn falsification to authorities.
This Verification of the attorney is being attached hereto because the Verification of the
Defendant cannot be obtained in the time allowed for filing of the subject M~j~n with the Court.
//
The executed Verification of the Defendant will be filed/a~'r~n as it is obpiCed.
Date: /2~,~-~ ~ EffRD~SOL ~
/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of December, 2003, I, Peter D. Solymos, Esquire, a member of
the finn of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALK1NS, hereby certify that I
have this date served a copy of Defendant's Objection to Plaintiffs' Certificate of Readiness by
United States Mail, addressed to the party or attorney of record as follows:
Wayne C. Parsil, Esquire
Two West Market Street
York, Pennsylvania 17401
(Attorney for Plaintiff)
GRIFFITH, STRICTER, LERMAN,
~ SOLYMO~ & CALKINS
BY:PETER D' S~ Lj~t~MOS, ESQUIRE
Attorney' I.D. ~o. 07475
110 South Ni them Way
York, Penns qvania 17402
(717) 757-7602
Attorney for Defendant, Cara Rose McKay
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS,
husband and wife,
Plaintiffs
VS.
CARA ROSE MCKAY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-3073 CIVIL
JURY TRIAL DEMANDED
1N RE: DEFENDANT'S OBJECTION TO PLAINTIFFS' CERTIFICATE OF
READiNESS/MOTION TO STRIKE CASE FROM TRIAL LIST
ORDER
AND NOW, this l! ' day of December, 2003, a rule is issued on the plaintiffs to
show cause why the relief requested in the within motion ought not to be granted. Said rule
returnable twenty (20) days after service.
BY THE COURT,
' Hess,
11.
Wendy J. Hammaker and Maximilian Stevens,
Husband and Wife
V
Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-3073 CiVIL TERM
ORDER OF COURT
AND NOW, December 11, 2003, by agreement of counsel, the above captioned
case is hereby continued from the January 12, 2004 trial term. Counsel is directed to relist the case
when ready.
~q~ayne C. Parsil, Esquire
For the Plaintiff
,/I?eter D. Solymos, Esquire
For the Defendant
Court Administrator
ld
By the Court,
Yih!Y",&'I,LSNN'~d
,,LLNPO0 r? r,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAy,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.p. 1012
T.__O THE PROTHONO~TARy:
Kindly enter the appearance of Thomas B. Sponaugle, Esquire of Griffith, Strickler,
Lerman, Solymos & Calkins, as attorneys for the Defendant, Cara Rose McKay, in the above-
captioned matter and mark the docket accordingly.
By:
GR1FFITH, STRICKLER, J~AN,./-
THOMAS B. SI~ONA~E, ESQ~-~
Supreme Court I.D. #64584
Attorney for Defendant
110 South Northern Way
York, PA 17402
(717) 757-7602
--WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY_..
Kindly withdraw the appearance of Peter D. Solymos, Esquire on behalf of Defendant,
Cara Rose McKay, in the above-captioned action.
By:
GRIFFITH, STRIC~I~LER, LERMAN,
Supreme Coff~I.D. #07475
Attorney for D~fendant
110 South Northern Way
York, PA 17402
(717) 757-7602
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CARA ROSE McKAy,
Defendant. :
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
--CERTIFICATE OF SERVICE
AND NOW, this //3(~ day of <~~ __, 2004, I, Thomas B. Sponanglc,.
Esquire, a member of thc firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS &
CALK/NS, hereby certify that I have this date served a copy of Praecipe for Entry and
Withdrawal of Appearance by United States Mail, addressed to the party or attorney of record as
follows:
Wayne C. Parsil, Esquire
Law Offices of Dale E. Anstine, P.C.
Two W. Market Street
York, PA 17401
By:
GRIFFITH, STRIC~--'ER, kF~AN,
THOMAS ~B. ~ E~IRE
Supreme Court I.D. #64584
Attorney for Defendant
110 South Northern Way
York, PA 17402
(717) 757-7602
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and su~xoitted in duplicate)
TO THE PROTHONOTARY OF CUMBERI2%PD COUNTY
Please list the following case:
(Check one) (~) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
(~/) Civil Action - Law
WENDY J. H~ER and
MAXIMILIAN STEVENS, husband and wife,
( )
( )
Appeal from Arbitration
'(other)
(Plaintiff)
vs.
CAllA ROSE MCKAY,
vs.
(Defendant)
The trial list will be called on
and 6/15/04
Trials conmence on 7/12/04
Pretrials will be held on 6/23/04
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide fort~r~ith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 3073 Civil 2002 19
Indicate the attorney who will try case for the party who files this praecipe:
Thomas B. Sponaugle, Esquire, 110 S. Northern Way, York, PA 17402 (Counsel for Defendant)
Indicate trial counsel for other parties if known: Wayne C. Parsil, Esquire, Law
Offices of Dale E. Anstine, P.C., Two W. Market Street, York, PA 17401 (Counsel for
Plaintiff) //~ /~-//~
Date:
This case is ready for trial.
Signed:
Print Name: Thomas B. Sponaugle, Esquire
Attorney for: Defendant Cara Rose McKay
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WENDY J. HAMMAKER and
MAXIMILIAN STEVENS, husband and wife,
Plaintiffs,
CARA ROSE McKAY,
Defendant.
NO. 02-3073
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
pRAECIPE
TO: PROTHONOTARY
Please mark the docket in the above-captioned matter settled and satisfied.
LAW OFFICES OF ]DALE E. ANSTINE, P.C.
Supreme Court I.D. i¥_ 28360
Attorney for Plaintiff
Two West Market Street
York, PA 17401