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Home My WebLink About94-03088 t ~ J ~ <J N) i- ('j-- L. o ...c \I) o ~. \ d ~ Q ~ . , '~ (') ~ -:r en . >-, .,0. ,.. ~ b '.. .~ ~ -- -.: ., C' .~ ", ;;r .. co" '" '" -.. ';;)\ '~ '", ~ ~ ..9 0 "- ::r ...... - Ie) ~ ~ f\I") -:;;. 1'1) ~~~ ..... '''1) DILORETO. COSEN11NO & BOLINGER PC Al1l'RNEY8 AT I.AW a:lO UNWlll WAY EAST 1'.f).III1XKfWl CIIAMIlICllSIllJlIll, I'I(NNHYLVANIA 17201 17171 2114 2m_l lAWDffICtS DLOl'Elo. CoIoor<<:l & Bo"... PC UOU~WAY EAST , 0 IOU" CKUERSBUAQ'A lnOl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Nicole Marie Crisp, Civil Action . Law Plaintiff vs. No. I Kenneth C. Goshorn, II I II II Ii !I II Ii II I! ,I ii I I, Defendant COMPLAINT Now comes the Plaintiff, Nicole Marie Crisp, through her attorney, Philip S. Cosentino, and for cause of action against the Defendant sets forth the following: 1. Plaintiff, Nicole Marie Crisp, Is an adult Individual living and residing at 305 East King Streel, Apartmenl 3, Shlppensburg, Cumberland County, Pennsylvania 17257. 2. I; Defendant, Kenneth C. Goshorn, Is an adult Individual living and residing at \,1, 54 Airport Road, Shlppensburg, Cumberland County, Pennsylvania 17257. Ii !i 3 Ii II On December 10, 1992, at approximately 2:15 p.m., Plaintiff was operating I! a 1989 Nlssan Sentra motor vehicle west on East King Street In the Borough of !; ii Shlppensburg, Cumberland County, Pennsylvania. :1 Ii 4. " On said date and time, Defendant was operating a 19B3 Chevrolet SlIverado molor vehicle westbound on East King Slreet behind Plaintiff's vehicle. 5. On said date, time and place, Defendant's vehicle crashed In to the rear of Plaintiff's vehicle. i' 6. The collision above alleged was solely and proximately caused by the negligence of the Defendant, Kenneth C. Goshorn, said negligence consisting of the following: 1). Failing to keep a proper lookout and watch for vehicles In the westbound lane of East King Street; and 94-022 Law Offices of Donald R. Derer 3907 Hartzdale Drive, Suite 706 Camp Hili, Pennsylvania, 17011 Telephene Number: (717) 731-0988 Attorneys fer Defendant IN THE COURT OF COMMON PLEAS NICOLE MARIE CRISP, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 30BB CIVIL 1994 KENNETH C. GOSHORN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATIER l. Admitted. 2, Admitted, 3, Admitted, 4, Admitted. 5, Admitted, 6, Denied, All 6 are denied, factual allegations set forth in Paragraph 7, Denied, The Defendant is without sufficient information to form a belief as to the truth or veracity of the allegations contained in Paragraph 7; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant, B, Denied, The Defendant is without sufficient information to form a belief as to the truth or veracity of the allegations contained in Paragraph B; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant, 9, Denied. The Defendant ia without sufficient information to form a belief as to the truth or veracity of the allegations contained in Paragraph 9; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant, WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. NEW MA'ITER 10, Paragraphs 1 through 9 are incorporated herein py reference, and made a part hereof as if set forth in full. 11, Plaintiff's claime are barred in whole or in part by the provisions of the Pennsylvania comparative Negligence Act, 12, Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law, 13, Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 14. By her own actions, the Plaintiff did assume the risk of any and all injuries and/or damages allegedly suffered, 15, If there is a legal responsibility for the damages set forth in Plaintiff's Complaint, the responsibility is that of other individuals and/or entities over whom Defendant has no control, Plaintiff's injuries and damages as alleged were not proximately caused in any manner whatsoever by Defendant. 16, Plaintiff's claime are barred by the applicable' Statute of Limitations, 17. All matters not heretofore directly controverted are hereby specifically denied. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant, -;r en .. .. .- .. .- ""r '-dt, '::' ~I\,t b. l)' ..~ . J::~:>... , ~ _ #: _ 1 ....~ " It" 'f ., '. y 'j ..j i. u . ' :.""i m = <Xl .., ::J - ....' 15.. - ~_ ClCC C M !!lQ~ ....; ~ OQ"~:~i5::l ~~~gdi5E~ j$9~~=F=t::_ :i~t: "'E~" Zl!: ::IE <C ~.., W ~~ . . . . , ' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please IIstlhe following case: '. . ~ - l.n tJj ~ (Check one) ( X ) for JURY trial at the ne~t term of civil court. ) for lrlal without a jury. ..-....-_.........................................................n...................................................................~~..~~......r.~......... (' :.s;. " CAPTION OF CASE (entire caption must be stated In fUll) (check one) <" - ~ Assumpsit Trespass Nicole Marie Crisp. ( X) Trespass (Motor Vehicle) (Plalntllf) (other) vs. Kenneth C, Goshorn. The lrlalllst will be called on October 18. 1994 and Trials commence on November 14. 1994 (Defendant) Pretrials will be held on October 26, 1994 (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.) vs. No. 3088 _ Civil 19 ~'L. Indicate the attorney who will try case for the party who files this praecipe: Philip S, Cosentino, Esquire ---------- Indicate trial counsel for olher parties II known: Donald R. Dor,!!_r.!."'!:!!9!1~r!..__,_.._____ -'-.-------- This case is ready lor tnal. Dale: September t3. 1994 Allorney for: ,_ P~,:i."t.iff . _ -.- --__.. '_e.