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Home My WebLink About94-03524 - ;.""", . . . ,.,.'... .~~lli1jjj.i~~,!li~l\ii'.m.~~i~',r~]t}u~,'i;.;;j~j_ ...'........'.."@ ...' ~. .. ...- . ., . . . ., """- ;~:r:::'.':- ,,'-'^ :. . ,t;~"':: -C,' ~:-': - ,'-'~'- . :~,":'-, ~-" ' -.t;f1~ ,,,,. "';t<....,-..... , ~:t~-~:\>,: , ~i~{~~i::. ,,',,:,.-,-- ljfi'~~: ":;~. .... ',-'--" ~r~:.; ~i;:':." s' .:>.', ";;- h'K-; .,:", :~\'.'. :'{~- ',..;-' ,..:,.~:".' - r,;k'" ,.-:. ~~J.~;:~.;o 'l~))~'" ;;~,:;;,_: "~> :;d", ".-.,,,:. f~iL '~.~j '-J:'-""". r.'- i;'''~? ; ~,.~..,_.. ;~ 'I. '--~ ..., ..~..,"""-,""="''''''--~~;;....:''.. "1 ",:,~~',"'-' JUN 29 I 04 rH '9~ .J<,l: 1!;,F!:.\hY I. 'In " ,1~. 4 (J,Jz, J~ J, - 6U '1j. CK. JYfft>4- ~J- n..co r- 0) .' J.f35 , ,. , t ) ~4 , . . i _' J" .. . . \ . ... , . · , ,. , i"-'.,\I!\ ". ... 'f":':"','-' /T . I I \ v. IN THB COURT OF COKKON PLEAS CUMBBRLAND COUNTY, PBNNSYLVANIA NO. fill :3~; ;,ul (I' vd-r~ un CIVIL ACTION - LAW LBSTBR D. and GLORIA ROBINSON, plaintiffs WILLIAM BRADBN, Defendant DlrIHDAHT'S AHSWIR AHD .IW MATTIR AND NOW oomes the Defendant, William Braden, by and through his attorneys, Mancke, Wagner, Herehey , Tully, and respeotfully answers Plaintiff's Complaintl 1. Denied, After reasonable investigation, the Dsfendant is without knowledge or information suffioient to form a belief as to the truth of the averment. Proof is hereby demanded. 2. Admitted in part, denied in part. It is admitted that William Braden is an adult individual, residing in Newville, Cumberland county, Pennsylvania. All remaining aspeots of this averment are denied. To the contrary, William Braden lives at 1230 DOUbling Gap Road. 3. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Proof is hsreby demanded. 4. Denied. After reasonable investigation, the Dsfendant is without knowledge or information suffioient to form a belief a8 to the truth of the averment. Proof is hereby demanded. 6. Admitted in part, denied in part. It is admitted that Dsfendant william Braden is the owner of an adult brown horse. All remaining aspects of this averment are denied. To the contrary, the horse involved in this incident is owned by William Braden and John II. Braden. Moreover, it is denied that the horse was allowed to roam free on Defendant's property abutting state Route 0233. To the contrary, the horse was fenced in on the Bradens' property and the horse did escape from the fenced area because a tree fell down and broke the fence, which enabled the horse to escape. 6. Denied. After reascnable investigation, the Defendant is withcut knowledge or information sufficient to form a belief as to the truth of the averment. Proof is hereby demanded. 7. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Proof is hereby demanded. 8. a. Denied. To the contrary, the Defendant's horse was kept in a fenced area. The horse escaped as a result of a fence that broke when a tree fell down on it. b. Denied. To the contrary, the Defendant's hcrse was kept in a fenced area. The hcrse escaped as a result of a fence that broke when a tree fell down on it. 2 o. Olni.d. oetendant inlpected th. tence that oontained the horee twice per day. Defendant inlpeoted the fence jUlt prior to retirin9 for the niljlht on September 12, 1992. Detendant was not aWare that the fence was broken and the horee had ljIothn fns until the next morning, after the alleli/ed acoident with Plaintiff ocourred. d. Denied. To the contrary, Defendant did inspect the premiles and the fence at lealt twice per day and inlpected the fence right before retiring on September 12, 1992. I. Denied. This i. a conolu.ion of law to Which no answer is required. f. Denied. After reasonable investigation, the Detendant is without knowledge or information euffioient to form a belief as to the truth of the averment. Proof is hereby demanded. WHIREFORE, Defendant William Braden requests jUdgment in his favor aljlainet Plaintiffs, Le.ter Il. and olorta RObinson. _"KATTII - COMTIIBUTOJY MIGLIGIMal g, Para9rapha 1 through 8 are incorporated herein by reterence a. thou9h set forth at len9th. J 10. plaintiff's complaint seeks recovery against Defendant for injuries sustained on september 13, 1992 on state Route 0233 Cumberland county, Pennsylvania when she ran into Defendant's horse sitting on the highway. 11. At the time and place of her injuries, Plaintiff failed to act in the following manner: a. Plaintiff was inattentive to road conditions and potential hazards thereon, b. Plaintiff failed to keep her vehicle in proper and adequate control, c. Plaintiff was travelling too fast for the road conditions then and there existing, d. Plaintiff drove her vehicle in reckless disregard for the safety of potential horses crossing the road1 e. Plaintiff operated her vehicle in violation of the laws of this commonwealth, f. Plaintiff failed to use the degree of care, caution and control reasonably required under all the circumstanoes, 12. By her foregoing aotions and/or omissions, Plaintiff exposed herself to a risk of harm at which she would have been aware of had ehe used due care. 4 13. By her foregoing aotions and/or omissions, Plaintiff was oontributory negligent in that she failed to use and exeroise ordinary reasonable oare under the oiroumstanoes and as a rssult oaused and/or oontributed to the aforesaid aooident and her injuries. 14. Plaintiff's oontributory negligenoe aots to bar and/or offset any reoovery against Defendant. WHEREFORE, Defendant respeotfully requests this Court to find judgment in his favor and against Plaintiffs, Lester D. and Gloria RObinson, together with reasonable oosts. COUNTIR-CLAIM I. MIOLIOIHCI or PLAINTIrr OLORIA ROIIM.OM 15. Paragraphs 1 through 14 are inoorporated herein by referenoe as though set forth at length. 16. On or about September 13, 1992 at approximately 12130 a.m., Plaintiff Gloria Robinson was travelling on State Route 0233 in a northerly direction. 17. At the time Gloria Robinson was driving north on State Route 0233, Defendant's horse was crossing state Route 0233 from west to east. lB. Plaintiff Gloria Robinson failed to observe the horse and stop prior to cOlliding with the horse. 5 le. The damage to the Defendant's horse inoluded extensive soarring and permanent breeding damage whioh has oaused and will cause signifioant losses to the Defendant. 20. The aforesaid accident was caussd directly, proximately, and/or substantially by the negligence, carelessness, recklessnees and/or intentional conduct of the Plaintiff in the following particu lara I a. Plaintiff intentionally struck the horsel b. plaintiff was inattentive to road conditions and potential hazards thereon I c. Plaintiff failed to keep her vehicle in proper and adequate controll d. Plaintiff was travelling too fast for the road conditions then and there existingl e. plaintiff drove her vehicle in reckless disregard for the safety of potential hOrBes crossing the roadl t. Plaintiff operated her vehicle in violation of the laws of this Commonwealth I 9. plaintiff failed to use the degree of care, caution and oontrol rell80nably required under all the oircumstances. 6 SEr Z I II 5~ Aii ','~, [,.QlfWl tr 'I'; . ~lliOH,,14h't' (Vi' IL" :.~r' D r!)~!/l 't' HlUi5H ',IH;. ~- Ii . - _ ~..7'""~:-~-~~'~-"'''''''''''t'~'''-'".~ .' , I if' I ! ",'~_~~"'-~t-Y~"T-);fx:e[\'fl ~. iWi:!tY~~':. ';~:;,r:\1'4-.~:1_-~~:~-+2.' ..... '1c.f'~: " " '" ",.lWf7 ;1"IT,_J~:rJn l' .,' , , ~ -f " ~ " . , fl: ,. ,. , ~ '" f,).-... , M l{1 ~ fC ~l: .. :a: . . . r&~~!~~~nUlG!( IAwUHlctll , . " ATTtJfWIY MANCKE. WAGNER. HERSHEY III TULLY . l>-I~ 1~]:1 i ~ ~ . ~f.fllt'W.l'I1:U"lr 1:,1 ~~~r"I.llH ~~g! IU" fll(J~ IWA"I~.,.,,'l ~,,:t Il\~~,'"1( " i.1t(1fM. 4. On or about Ootober 5, 1994, Plaintiff8, through their attorneys, served Interrogatories and a Request for Produotion of Doouments on Petitioners. 5. Defendant failed to keep in contact with petitionere to provide for a timely responoe to the discovery request. It was ultimately responded to in March, 1995 due primarily to Defendant's lack of communication with Petitioners. 6. Defendant hae subsequently moved to Canfield, Ohio. 7. Defendant has failed to comply with the written Fee Agreement which he entered into on or about May 3, 1994. See letters dated April 25, 1995 and May 16, 1995 marked a8 Exhibits "A" and "B". B. There has been a breakdown in the attorney-client relationship for some or all of the following reasons I a. Defendant has refused to respond to correspondencel and b. Defendant is in violation of the terms of the written Fee Agreement. 9. Plaintiff's counsel, Thomae Brenner, Esquire, hae no objeotion to thie requeet for relief. LESTER D. AND GLORIA I IN THE COURT OF COMMON PLEAS ROBINSON, , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs I , NO. 94-3524 v. I : CIVIL ACTION - LAW WILLIAM BRADEN, I Defendant I CBRTIFICATB OF SIRVICI I, David E. Hershey, EsquiJ:;e, of the law firm of AANCKE, WAGNER, HERSHEY & TULLY hereby certify that I am this day serving a copy of the foregoing document to the attorneys or parties of record in the manner indicated bslow, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, at the address listed belowl Thomas E. Brenner, Esquire Goldberg Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17103-1268 William Braden 5505 W. Middletown Road Canfield, OH 44406 Datel June 21, 1995 BYI' r::.Y 5iVta E. Hershey, Esquire AANCKE, WAGNER, HERSHEY & TULLY 2233 North Front street Harrisburg, PA 17110 (717) 234-7061 LA.... O"ICll . JOHN. 'rU,",tKI ... tllCHAftD WAONIIIl OAVID I HUIHI't WILLIAM T TULlY MANCKE, WAGNER. HERSHEY a TULLY u.. PlIO""" '~ON' IHlII t H'''''IIIUAG, .., 17110 UIl CODl '17 n..7011 May 16, 1995 William Braden 5505 W. Middletown Road Canfield, OM 44406 ReI Robinson v. Braden Dear Mr. Braden I Please be advised that I have assumed responsibility of this file from Dave Breschi who is no longer with our office. During the transitional period, I was advised by Mr. Breschi that you were behind on your attorneys fees and that it may be necessary to ~etition to withdraw as counsel ftom this case. In the meantime; however, we did receive a $100 part payment for our services in this matter. I note from the Fee Agreement; however, that you are still behind with respect to the agreed cost of services. Specifically, I direct your attention to line item 2 which indicated an additional $350 was due if Complaint is filed. As you are well aware, a Complaint was filed in this case against you and we have responded with an Answer and New Matter as well as discovery requests. To date, our records reflect that we have received a total of $350 which means you are $150 in arrears for our work in this matter. Since I am new to your case, I am willing to allow you additional time to catch up the fees in this matter. The attorney for Mr. Rob! nson has indicated that he is prepared to move to arbitration as soon as possible. As you may recall from the Fee Agreement, a copy of which I am enclosing again for your review, in the event no pre-trial motions are filed and the case is listed for arbitration, in addition to the $150 which you presently owe, there will be an additional $500 due two weeks before your arbitration hearing in Cumberland County. , In order for me to continue to represent you in this matter, you will have to make up the $150 deficit within tan (10) days of the mail date of this letter; otherwise, I will proceed by filing a Petition to Withdraw as counsel with the Court of Conunon Pleas in Cumberland County and you will have to seek new counsel to finish representing you on this matter. 1':XlIlIII 'j' "Il" LESTER D. AND GLORIA ROBINSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3524 CIVIL ACTION - LAW v. WILLIAM BRADEN, Defendant MOTION TO MAKS RULS ABSOLUTE AND NOW COMES Petitioners, Mancke, Wagner, Hershsy & Tully in regards to the ebove-captioned matter, and hereby makes the following averments in support of this Motion to Make Rule Absolute. 1. A Petition to Withdraw as Counsel was filed on or about June 22, 1995 relative to the above-captioned matter. 2. A Rule to Show Cause was signed by the Honorable Edgar B. Bayley on June 26, 1995 which was returnable ten (10) days after service by regular mail to Defendant's Cumberland County address. 3. Service was made both by regular mail to Defendant's Cumberland County address and by Federal Express mail to hie Canfield, Ohio address. See Sender's copy of Fedsral Express receipt marked a9 Exhibit "A" attached hereto and incorporated herein by reference. 4. As of this date, no response has been filed by Defendant, William Braden. Therefore, Petitioners pray that the Rule be made absolute and that tha law firm of Mancke, Wagner, Hershey & Tully MANI.I\I:. \I\1AUI~l:n, Men"Me I '" I U...., IIUHOfttt4UtON,maw--" IiAAAI8BUAO, PA '" '0 . WI DD 11IAIIV CIATlfV tHAT tHI WITHIN 'I' &-1IIlL4ND CDA' "'CT CDPY OrTfl'rDAIOINAL 'UD IN THI' ACTIDN IV AtfOANIV AtfOANIV LESTER D. AND GLORIA ROBINSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-3524 CIVIL ACTION - LAW v. WILLIAM BRADEN, Defendant RULE TO SHOW CAUSB AND NOW, this ~ day of ~, 1995, upon consideration of Petitioner's Request to Withdraw as counsel, and noting the reasons supporting same, the Court hereby issues a rule upon the Defendant to show cause as to why the above-captioned Petition should not be granted. Rule returnable ~ days after service by regular mail to Defendant's Cumberland County address. BY THE COURT I I.y tdad/a-' 13. "1.1JJ,.JL ,.. ~ " J nun.OFFlCE OF TI'" r"'('11!r~"10W1Y 06 ~rp ? J ^Ii alii 7 ClXI.;~,i; )., ".,1 1_, ~,Nf'{ I)Oit\:;'ll\~'J\~\ /2 d4 .IN (!i. 3fSf:3 (~ 6S t. . _i "W.'-'_,"L" ! , , - t , , . Ii . " , - " '. . , .' ""'''-'-'-~''"'''';''"''''?~:;:!;:";-''-'-f.i,!;~S,;,';4il:;i~..~",=~;;';'';;';',;,.;.;.-:.;.",;__:;,.,,~, FiI m o:11Cr: ("r: 1t'" , 1''-'''",.,",r'r-.j' ,1,' "";,,,; t? I'''' "" f"f". "I . 0 ,II .. .l' t. I (.I//.,'!.', \', \"t' /'1."" ,,' ['I.'.J:" 't..h'\loll :'/' ';J\ f,trJ II. ;if d.J 3..2 3)1) ~ 3'6~~q ,~/t(d~ "...~ \ , . 1 t .. ,,' , .,-..''l' I< ,t I LESTER D, and GLORIA ROBINSON, : Plaintiffs IN THE COURT OF COMM CUMBERLAND COUNTY, PENNSYLV ANIA v, NO, 94-3524 WILLIAM BRADEN, Defendant TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action settled, satisfied, and discontinued. Respectfully submitted, / ;{ ~"~'. J /:.r~, H'~-. Thomas E, Brenner, Esquire 320 Market Street, St1'awbeny Square P,O. Box 1268 Harrisburg, PA 17108.1268 (717) 234.4161 Attorney 1.0, #32085 Attorneys for Defendant Date: ~., e}J By: 1490,1 " 'I ."'~~.~. ,,JIi, ,~- " ..,.:1!~--jI[~",,-----~~~ ,. . -li : '.,'",' "". .m, '~~~;~ . ~,~."",,~:R....n _"=",,,..~'..*~ .-t~,,' ,~';.._):I!!' ~~~"'~'7' I II rl )"(\'~"J'" l'l* 0,-. -~. '." I ",,:~ " ,;. . "," liT!JIY r:1 ti'Y.? I I" '): '1" j 'I f. I ' CW,.: " (..iI' /.,,"',1,' . 11,.1 :\ -- pel. 5, ()l:) If J( ~.13enn'fR c. h ,I{= '-I1d3 ~ ~, ff-,,,~~ "44'""-''*'''' "~-'''-'-''''--~~-#~~~T'''!c~. "".". '. ' ",', " ," '."" ,",,' ." , J ,. A.,.. ., , " . , . , , ,-!>',f' 1 ."...--