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HomeMy WebLinkAbout95-01319 \. ',' ) ",,-' . I " ; ">-- ':~ t}~, ';"10 ' :!tJ'i/!!-::~.' ~\?:';1}7~ ~~ < ~1;:\D.'/'; "",~"...I .' ~~{~ ~,i'0-:-~'}~:~ ~@:}ik.,' ,),,",,'.', " c" " ,-- , ..' - - - - ~ {,f _':;;: - '~ "'~ "~:':c;.:v ' [it;-:.' -.._:_:- ,p 'c,',. " ?8 0- - C"O - ,\ .,J." " .'b '~', . ,\, ,,';II' ,~ ~ .:~ . . -,~-; f.l ,'; " : ;c1~' , '.,.,,~ ' :;'{~ ;;{ij ',c";;: -j~~~ _ ,~.(,~ji1 ~I "1 <~,~g~ :;~v " 4 ~ (J % e, ., ~ \ . ).; -"l .. ~ " ~ J 0- "" rj ~ Lr> c::n . -=r - ~>- ..,l,. ,., ~". Lilt',','.' c:.;r \ :.L u.. ~~ t~J.., ~~; ~~t .;:' ; .,.... IVI ~; '-. ~l: :'~ I'luj'" \~. ~. ;1I \i' -::':1;"1.. t-2 ~ ::r-: _-c <Xl ;;r - - 0: ~. = l/l 9 \JJ '" ii: ~ ell !:: o:~t;:$ \JJ :l'" Z lii~~~ ~~t;>- .n~ l/lZ<Z o"'zW .J II ~ n. :J. ~ :: III ~ ~ ~ ~ o u , ,. . . .' 4 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. q.,. 13 I 'I CU;.l-r;.- CIVIL ACTION - LAW RICHARD L. ARCHER, plaintiff STEVEN A. SHEELY, Defendant 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 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 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 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: COURT ADMINISTRATOR, 4th Floor CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 '. RICHARD L. ARCHER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 9 s- 1.3 /9 Ct.iX.I "7'..t......, CIVIL ACTION - LAW STEVEN A. SHEELY, . . Defendant . JURY TRIAL DEMANDED . COMPLAINT AND NOW comes the Plaintiff, Richard L. Archer, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: Count I 1. Plaintiff, Richard L. Archer, is an adult individual residing at 201 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Steven A. Sheely, is an adult individual residing at 6317 Forrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about October 29, 1992, at approximately 3:20 p.m., Plaintiff, Richard L. Archer, was operating a 1985 Dodge Ram Truck owned by Corporate Distribution, Ltd. of Mechanicsburg, Pa, and was traveling on the Carlisle Pike. While stationary at a red light at the corner of Carlisle Pike and Silver Spring Road, Plaintiff was rear-ended by Defendant, who was following too closely and who was " \ going too fast to stop. Defendant was operating a 1989 Chevrolet Camaro at the time of his collision with Plaintiff. 4. At the aforesaid time and place, plaintiff, Richard L. Archer, was caused to sustain severe injuries to his person, hereinafter more fully described. 5. At the aforesaid time and place, the collision and injuries resulting therefrom were caused by the negligent, careless and/or reckless actions of Defendant, steven A. Sheely, in that he: (a) failed to come to a stop before striking plaintiff's vehicle; (b) followed Plaintiff's vehicle too closely from behind; (c) failed to stop before causing an accident; (d) failed to keep a proper lookout; (e) failed to see what he should have seen; (f) failed to notice the imminence of an accident and to take the necessary steps to avoid the same; (g) failed to maintain his vehicle under proper and adequate control; and (h) acted without regard for the safety and rights of Plaintiff. 6. As a direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Steven A. Sheely, ! i 1 I I I I: the Plaintiff, Richard L. Archer, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include, but are not limited to: (a) severe back strain/sprain including lower back coccygeal injury resulting in Levator syndrome; and (b) aggravation of previously shoulder. injured left 7. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, steven A. Sheely, the Plaintiff, Richard L. Archer, has been obligated to receive and undergo medical attention, care and expenses for the injuries he has suffered and may be obligated to continue to incur such expenses for an indefinite time in the future. 8. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Steven A. Sheely, the Plaintiff, Richard L. Archer, has suffered a loss of earnings and/or impairment of his earning capacity and power. 9. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Steven A. Sheely, the Plaintiff, Richard L. Archer, has suffered medically determinable physical impairments which have prevented him from performing all of the normal acts and duties which constitute his usual and customary daily activities. 10. As a further direct and proximate result of the negligent, careless and/or reckless acts of the'Defendant, Steven A. Sheely, the Plaintiff, Richard L. Archer, has experienced severe pain and suffering, mental anguish and humiliation, and in the future may continue to so experience. 11. As a further direct and proximate result of the negligent, careless and/or reckless acts of the Defendant, Steven A. Sheely, the Plaintiff, Richard L. Archer, has suffered a loss of life's pleasures and in the future will continue to suffer a loss of life's pleasures. WHEREFORE, Plaintiff, Richard L. Archer, demands judgment against Defendant, Steven A. Sheely, in an amount in excees of the compulsory arbitration limits, plus costs and interest as provided by law. DATED: 1/'}> RESPECTFULLY SUBMITTED: C~q21~,;. COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 ATTORNEY FOR PLAINTIFF I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. -el IV-c --- Dated: )/1 Ift- / / SHERIFF'S RETURN CA5E NOI 1995-01319 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND ARCHER RICHARD L V5. SHEELY STEVEN A I f STEVEN WHISTLER CUMBERLAND County, to law, says, that . Sheriff or Deputy Sheriff of Pennsylvania, who being duly sworn according he served the within COMPLAINT upon SHEELY STEVEN A the defendant, at 1315100 HOURS, on the ~ day of Aoril 1995 at 6317 FORREST DRIVE MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to AUDREY BILLER. MOTHER OF STEVEN A. SHEELY a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's COStSI Docketing Service Affidavit Surcharge 18.00 8.40 .00 2.00 So answers l~" ~,~ ~~a;, ,...~.,ot:'~f ~ l' ".,..A6,., R. Thomas K11ne, ~herif! 628.40 CHARLES RECTOR 04/12/1995 by ~.o-,'\ LJ \ . jJ., I lJep-::t), ~nff Sworn and subscribed to before me this /1 ~ day of f2tJ 19 e){ A.D. n~L'- C, ~ IlfIJfi;' ~-, Prothonotary" ~., rt. , , I' l .' '. . . ROLP B. MOLL, ESQUIRE Pa. Supreme Court 1.0. No. 47243 REYNOLDS & HAVAS 101 Pine Street Post Office Box 932 Harrisburg, pennsylvania 17108-0932 Telephone. PaXI [717J 236-3200 [717 J 236-6863 Attorney for Defendantl STEVEN A. SHBBLY RICHARD L. ARCHER, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ST~VEN A. SHEELY, Defendant NO. 95-1319 CIVIL TERM CIVIL ACTION, - LAW JURY TRIAL DEMANDED 0.. NOTICB TO PLBAD TO: RICHARD L. ARCHER clo Charles Rector, Esquire 831 Market street Post Office Box 222 Lemoyne, Pennsylvania 17043 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. DATE: s-=- 51- }..5 By: Attorneys for Defendant, STEVEN A. SHEELY 101 Pine Street Post Office Box 932 Harrisburg, PA 17108-0932 (717) 236-3200 \ \ ,.' . , - .' ' ~ ' , ROLF E. KROLL, ESQUIRE Pa. Supreme Court 1.0. No. 47243 REYNOLDS & HAVAS 101 Pine Street Post Office Box 932 Harrisburo, Pennsylvania 17100-0932 Telephone. Faxl (717) 236-3200 (717) 236-6B63 Attorney for Defendantl STEVEN A. SHEELY RICHARD L. ARCHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1319 CIVIL TERM STEVEN A. SHEELY, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, STEVEN A. SHEELY '1'0 PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, steven A. Sheely ("Mr. Sheely"), by and through his counsel, Reynolds & Havas, a professional corporation, and files this Answer with New Matter to the Complaint of plaintiff, Richard L. Archer ("Plaintiff"), averring the following in support thereof I 1. Denied. 2 . Admitted. 3. - 11. Denied. WHEREFORE, Defendant, Steven A. Sheely demands judgment in his favor and against Plaintiff, Richard L. Archer with costs of suit assessed to Plaintiff. NEW MATTER 1. On or about October 29, 1992, Plaintiff, Richard L. Archer struck the rear of the stopped motor vehicle operated by Michael J. Pallotta. . ~ 2. It is believed and averred that Plaintiff is solely responsible for that accident and any injuries caused therein. 3. It is believed and averred that any injuries Plaintiff sustained were caused solely and exclusively by the aforementioned accident with Mr. Pallotta and have nothing whatsoever to do with the accident involving steven A. Sheely. 4. In view of the foregoing, it is submitted that Plaintiff's claims are barred by the doctrines of contributory and comparative negligence. 5. Plaintiff has failed to state a claim upon which relief can be granted. 6. Plaintiff's claims are barred by the applicable statute of limitations. 2 '. 7. Plaintiff's claims are barred in whole or in part by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, as amended, 75 Pa. Cons. stat. 51701 ~ sea. Respectfully Submitted. DATE: 0- y - 7.r By: Attorneys for Defendant, STEVEN A. SHEELY 101 pine Street Post office Box 932 HarriSburg, PA 17108-0932 (717) 236-3200 2995/MISC20 3 ,I " .! \: . -.- "" . ,-~ . . ~. . ,., ~ - --~- . . VBRIJ'ICATION I, STEVEN A. SHEELY, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and ~hat the facta staeed therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. DATE: ~'-- ( ~ ,~k. (. STEVEN A. SHEELY y 'I , , ': -'" ." -.~....-... .: '. ," - , . -" ~~~--,.,.........-.~~.--/~ .,. ....-...-- CERTIPIC~TB or SERVICB I HEREBY CERTIFY that I have served a true and correct copy of the foregoing document upon all counsel and parties of record this t)tl- day orC~ t \ , 1995, by placing the same in the united states First c~ass Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Charles Rector, Esquire Costopolus, Foster & Fields P.o. Box 222 831 Market street Lemoyne, PA 17043 I i " I 1 .. ,~. . ! I L i.... j I , , :=.., ,. <.0 )'."; r,..... , .." " u'; VI / ""_.__.-~_.._._"-. ""."..--- RICHARD L. ARCHER . IN THE COURT OF COMMON PLEAS . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. No. 5891 Civil 1994 . 1319 Civil 1995/ . CIVIL ACTION - LAW STEVEN A. SHEELY : Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: please mark the above-captioned consolidated matters as settled, discontinued and ended. Respectfully submitted, CJlItl fr'/)~r-/i>vlol Charles Rector, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR THE PLAINTIFF Dated: Lf ! Iy?!,. I I \ \ - '"'--""".-_.,.-.~......~,....~' -",.~ ,_.- .'._'. .~_." . ~.- .- .'..._...c;",_.,'_...._.,..T<.,~"'.....,.~.""'_......."'-_>>-..."'"._....._.._J....--. rlmnf'FlCF. ,,...~ -. . " V'I".'....... t~',1 ., , , '\1 '>.j r.: -:~ t.:; II: I G 1..,.. ' ~ , " I ',. 1"".1,/,, I L... hi, ~',;\ " \ COSTOPOULOS. FOSTER & FIELDS ATTORNEYS AT LAW 831 MARKET STREET LEMOYNE, PENNSYLVANIA 17043 Ln en " ',r:: i-.... .~I) "1 t<..J ,... '"~! en o ~ ~ - Oll :$ a:;:t;z W:5W;:: ~~~>! f2~~~ c6~$ffi 00:1<1. -11:-ur i5<::ls: 0.. 0 12 ~ ~ U . RICHARD L. ARCHER . IN THE COURT OF COMMON PLEAS . P18intiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : No. 1319 Civil 1995 . CIVIL ACTION - LAW . STEVEN A. SHEELY . . Defendant JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, Richard L. Archer, by and through his attorney, Charles Rector, Esquire, of Costopoulos, Foster and Fields, respectively represents the following as Answer to Defendant's New Matter: 1.' Admitted. 2. Denied. It is denied that Plaintiff is solely responsible for the accident and injuries caused him and proof thereof is demanded. By way of further answer, Defendant is solely responsible for the accident and injuries caused to Plaintiff. 3. Denied. It is denied that any of Plaintiff's injuries were caused by the accident with Mr. Pallotta and proof thereof is demanded. By way of further answer, Defendant rearended Plaintiff which collision caused Plaintiff's injuries. 4. Denied. Paragraph 4 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it is denied that Plaintiff was negligent. 5. Denied. Paragraph 5 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, Plaintiff has stated a cause of action sounding in negligence against the Defendant. 6. Denied. Paragraph 6 constitutes a legal conclusion which requires no answer and is deemed denied. By way of further answer, , Plaintiff I s cause of action was commenced wi thin the two year statute of limitations applicable to the instant case. 7. Denied. Paragraph 7 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, Plaintiff's claims are not barred in whole or in part by the Pa. Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff demands that Defendants New Matter be dismissed and that judgement be entered in favor of Plaintiff. Respeotfully submitted, Dated: ~b3 19'5 I I ~,~p~v Charles Rector, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/p.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: (717) 761-2121 ATTORNEY FOR THE PLAINTIFF . . . ....,.~ .......- - . - , , ". . ..... i Date: ,c;j~~k~ By: CJaJ(~/~7;rr- Charles Rector, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 (717) 761-2121 ATTORNEY FOR THE PLAINTIFF CERTIFICATE OF SERVICE I, Charles Rector, Esquire, attorney for the Plaintiff, Richard Archer, hereby certify that I have, this day, served the foregoing document by depositing a copy of same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed to: Rolf E. Kroll, Esquire 101 Pine Street P. O. Box 932 Harrisburg, PA 17108-0932 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa. C.S. Seotion 4904, relating to unsworn falsification to authorities. Richard Archer /s/ Richard Archer Dated: ~~3p.~ vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5891 Civil 1994 RICHARD L. ARCHER plaintiff CIVIL ACTION - LAW STEVEN A. SHEELY Defendant JURY TRIAL DEMANDED RICHARD L. ARCHER . IN THE COURT OF COMMON PLEAS . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1319 Civil 1995 ~ CIVIL ACTION - LAW STEVEN A. SHEELY : Defendant JURY TRIAL DEMANDED ORDER AND NOW this ~ day of ~.J!..t , 1995, upon consideration of the within Motion to Consolidate Cases and having received the concurrence of Rolf Kroll, Esquire, Counsel for Defendant, it is hereby Ordered and Directed that both of the above referenced cases are consolidated. Counsel are directed to list both docket numbers under one caption. BY THE COURT: I. S[, ','.,' I" ~. "! . "'J OR..lq,'uJ l D t~(L [,'J) '7/ C,''-'I'l lei r; y RICHARD L. ARCHER Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : No. 5891 Civil 1994 : 1319 Civil 1995 . . : CIVIL ACTION - LAW STEVEN A. SHEELY Defendant . . : JURY TRIAL DEMANDED MOTION TO CONSOLIDATE CASES AND NOW comes the Plaintiff, Richard L. Archer, by and through his attorney, Charles Rector, Esquire, of Costopoulos, Foster and Fields, and respectfully represents the following in support of the within Motion: 1. Plaintiff/Movant commenced the civil action docketed at No. 5891 Civil 1994 on October 13, 1994, by Writ of Summons. 2. Defendant thereafter served on Plaintiff on February 24, 1995, a Praecipe for Rule to File Complaint at the docket number referenced in Paragraph 1. 3. Plaintiff, on March 14, 1995, filed a civil complaint which complaint was incorrectly docketed by the prothonotary to 95- 1319 Civil Term. 4. Defendant thereafter filed an Answer with New Matter which answer was also docketed at 95-1319 Civil Term. 5. Plaintiff thereafter filed a duplicate civil complaint at docket No. 5891 Civil Term 1994. The civil actions at both of the above-referenced docket numbers are identical.