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HomeMy WebLinkAbout95-07017 ",:" I,' , ':,;l" ,", " oj 9 '~':, o----.~'--~' ,', ......' ' :'(r '~~' ,1 <'\I) '~ ;;; ",.-' Q 0, ~ ~"o . >~-, #23 JAMES T, BELL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V, 0 ~~ f: ~ ~1 i ~) I . ~l , ~~ ~ . I . - l ~~ . i " C s. r . ' ..i . ~i ',.1 .,1 -~ - ... WILLIAM E. DELANEY, Defendant V, KIMBERLY L. DRAUGHN, Additional D~fendant NO, 95-7017 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of June, 2001, before Edgar B. Bayley, Judge, present for the plaintiff was L,C, Heim, Esquire, and for Defendant William E, Delaney, James Q, Nealon, III, Esquire. Originally Roberta R, Bell was a plaintiff seeking consortium, however, she and James T, Bell are divorced, and she will not be a plaintiff, This is an automobile accident occurring at an intersection on March 19, 1994, Plaintiff, James T, Bell, was a passenger in a vehicle operated by the additional defendant, Kimberly L. Draughn. Plaintiff claims that defendant entered the intersection through a steady red signal and caused the accident, Defendant Delaney will be taking a judgment by default against additional defendant Kimberly Draughn for whom no appearance has been entered, Counsel shall provide the trial judge with a succinct brief at the commencement of trial as to the legal interplay between the parties resulting from what will be the default judgment, Plaintiff seeks general damages for a back injury for which he underwent surgery, Estimated time of trial, one and a half to two days, JAMES T, BELL and ROBERTA R. BELL, his wife, ~laintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. DELANEY, Defendant CIVIL ACTION - LAW V. KIMBERLY L, DRAUGHN, Additional Defendant NO, 95-7017 CIVIL TERM ~RETRIAL CONFERENCE AND NOW, this 21st day of June, 2000, before Edgar B, Bayley, Judge, present for the plaintiffs was L.C. Heim, Esquire. David Freed, Esquire, appeared for James G. Nealon, Esquire, for Defendant Delaney, The additional defendant, Kimberly L, Draughn, who was joined by defendant, William E, Delaney, has not entered an appearance nor did she appear at the pretrial conference. This is an intersection automobile accident in which liability is contested by defendant, James T, Bell seeks damages for personal injuries to his cervical and lumbar spine for which he underwent surgery, Estimated time of trial, one t~and By the co~r~ a half days. L.C. Heim, Esquire 345 East Market Street York, PA 17403 For Plaintiffs James G. Nealon, III, Esquire 301 Market Street, 9th Floor P,O. Box 865 Harrisburg, PA 17108 For Defendant Delaney Kimberly L, Draughn 2974 East Prospect Road York, PA 17402 Additional Defendant prs ,... .-'1' '- u: ('> !C- " ."';~ I :1 ~.~ ,. , , - ',) - , -) :'f! , " :") ....: , . -_:J - , (,I SI1 .:' ~ '1 ;.' ,. , ;. ~.'-l itn <l.. --, ..~ I , (::l ::l . Q U c JAMES T. BELL and ROBERTA R. BELL, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. DELANEY, Defendant CIVIL ACTION - LAW V. KIMBERLY L. DRAUGHN, Additional Defendant NO. 95-7017 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 21st day of June, 2000, before Edgar B. Bayley, Judge, present for the plaintiffs was L.C. Heim, Esquire. David Freed, Esquire, appeared for James G, Nealon, Esquire, for Defendant Delaney, The additional defendant, Kimberly L. Draughn, who was joined by defendant, William E. Delaney, has not entered an appearance nor did she appear at the pretrial conference. This is an inter~ection automobile accident in which liability is contested by defendant. James T, Bell seeks damages for personal injuries to his cervical and lumbar spine for which he underwent surgery. Estimated time of trial, one t~~;; and By the Co~r~ ,I' , , a half days. L.C, Heim, Esquire 345 East Market Street York, PA 17403 For Plaintiffs James G. Nealon, III, Esquire 301 Market Street, 9th Floor P.O, Box 865 Harrisburg, PA 17108 For Defendant Delaney Kimberly L. Draughn 2974 East Prospect Road York, PA 17402 Additional Defendant prs \ >- ,~) G; [I'" ,". " i~ ~5o{,. " i'''':' ,-) =c: " , ):';. i '. ..;:~ J;::J (,1'- ,:':; ~[~ ('.j , C"..: .' i/j,"i1 =:~J ,!o.. ,C) ~j ....-' (,) intersection facing a steady red traffic signal, driving his vehicle into the side of the Draughn vehicle, B, STATEMENT OF FACTS REGARDING DAMAGES: Plaintiff, James T, BelI, has sustained injuries to his cervical and lumbar spine, He underwent surgery for the injuries to his lumbar spine (a laminotomy and discectomy at L4.5 and a laminotomy and foraminotomy at L3-4 in December of 1995), He continues to suffer from intennittent pain which varies in degree, and he has to take over the counter anti.inflammatory drugs, Plaintiff was not able to work from November 27, 1995 through March 17, 1996, when he was released by his surgeon to perfonn medium work, His total wage loss was covered by his first party benefits, Plaintiffs medical bills exceeded were $13,396,00, with first party benefit coverage of $1 0,000. C, STATEMENT OFTHE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: Plaintiff was a passenger in a vehicle that was struck when proceeding into a roadway facing a steady green signal. Defendant claim's that he had the steady green signal. Defendants' expert witness, John R, Frankeny, 11, M,D, has opined that plaintiffs surgery and symptoms were not directly attributable to the automobile accident. D, SUMMARY OF LEGAL ISSUES: 1, Plaintiff was a passenger in an automobile, therefore his comparative negligence is not an issue, 2, Plaintiff had preexisting back problems that were aggravated by the injuries sustained in this accident. 3, Prior to the accident, plaintiff and his friends were patrons at Wandas Deck & Beach Club, 5401 Carlisle Pike, Mechanicsburg, PA. Plaintiff consumed alcoholic beverages at Wandas, but there is no evidence as to his intoxication, There is no evidence that the additional defendant Kim Draughn had 2 G, CURRENT STATUS OF SETTLEMENT NEGOTIATIONS: On May 30, 2000, Plaintiff offered to settle for the amount of $50,000. Defendant has never responded to the demand, Respectfully Submitted, KATHERMAN & HElM .C.Heim Attorney for Plaintiffs i 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy ofthe foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: James G, Nealon, Esquire Nealon & Gover 301 Market Street, 9th Floor P.O, Box 865 Harrisburg, P A 17108-0865 DATE: 'tJ-/ q-DO . ,Heim Attorney for I.D, No. 23155 '" " r JAMI!I T. BI!LL and ROBERTA R, BF.LL, hla wife. Plalntlffl : IN THE COURT OF COMMON PLEAI : CUMBERLAND COUNTY, PENNA Y. : : NO.lIS-7017 CIVIL TERM : CIVIL ACnON . LAW WILLIAM I!. DELANEY, DImldant , , : JURY TRIAL DEMANDED Y. KIMBERLY L. DRAUGHN, Additional Defendant To: Kimberly Draughn 2974 East Prospect Road York. PA 17402 tMPORTANT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECT610NS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Richard Pierce, Court Administrator One Courthouse Squara, 4'" Floor Carlisle, PA 17013 Respectfully NEALON & b: ct - James G, Nealon, III, Esqulra Attomey 10 #/46457 301 Market Slraet- 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 .'~ ~ ~ ':~M @~ li:C ". 0.. Q2 . r- :5~) · ffi~ . WI ~, d.J~ ~ ~ a .;) Cl, ~ . -i. ~ \~ ~ ~ ~ ~~ '"'l ~ ~ r\l rl'"\. , ,<'?r() .... ':J.. '-l r\ c::) ~ " ii' , foO ! ! i' ,fl 12l ,04 I~ :. ... r'l . oC ,04 ! ,: ..:l II. I 'U lit = . p; ~~ IE ~ I I a 0 . . . u . :. IIil = B ... ~ ... . .' . . .. .' o. . . h) failing to keep a reasonable lookout for other vehicles lawfully on the road; i) failure to yield the right of way to the Draughn vehicle j) operating his motor vehicle in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I James T. Bell vs. William E. Delaney 10, Paragraphs 1, through 9, are incorporated herein by reference, 11. The il\iuries to the Plaintiff and the damages suffered by the Plaintiff were caused solely and exclusively by the negligence and/or carelessness and/or recklessness of the Defendant, and were in no way caused by the Plaintiff. 12. Solely as a result of the aforementioned accident, the Plaintiff has been caused to sustain serious physical injuries, including il\iuries to the cervical and lumbar spine, the full extent of which are presently unknown; Plaintiff has been caused to suffer injuries to his nerves and nervous system and mental and psychological trauma, 13. As a result of the injuries sustained by the Plaintiff herein, Plaintiff has undergone in the past and will in the future undergo pain and suffering, 14. As a result of the injuries sustained by the Plaintiff herein, the Plaintiff has or may suffer a permanent disability or permanent impairment of earning power and capacily, WHEREFORE, Plaintiff herein demands judament aaainst the Defendant in an amount that exceeds the jurisdictional amount requirina referral to arbitration by local rule. KATHERMAN &: HElM, P.C. L. . Heim tomey for Plaintiff I. D. No. 23155 SHERIFF'S RETURN - REGULAR CASE NOI 199~-01011 P COMMONWEALTH OF PENNSYLVANIAI COUNTY OF CUMBERLAND ~ELL JAMES T ET AL VS, DELANEY WILLIAM E , Sheriff or Deputy Sheriff of being duly sworn according STEVE WHISTLER CUMBERLAND County, Pennsylvania. who to law. say.. the within COMPLAINT upon DELANEY WILLIAM E defendant. at 1810100 HOURS. on the 13th day of December 19~ at 801 FIFTH STREET NEW CUMBERLAND. PA 11010 was served the handing to WILLIAM of the COMPLAINT County. Pennsylvania. by a true and attested copy together with NOTICE and at the .ame time directing ~ attention to the contents t.hereof. Sheriff's CostSI Docketing Service Affidavit Surcharge .' So answer}lj t:'" ,/./d__, r~"p1;<>~"U"1 -'~ R. Thomas Kl~ne. Sheri!! 18,00 10.08 .00 2.00 &30.08 L.C. HElM 12/15/1995 by ~. L.)~......-Q -, lJeput~-;t!i Sworn and subscribed to before me "" .I..D - day of AD.Jl."'(. .. this 19 9{ (l Q m.u.l....- ~' '-...f'r- prothonotarf 7 A. D. ir. en .,... ~~ C',j [., ~~ r?J ,. :1..,. t'- ()t-' r.) :r:: u: ~(, ~.~ ,,~ :1,::) 1- ' ;)6) 0:'" en lJt1; ..,1 p ll.t ' l. ~ I if) ll. u... LrJU. (,) In :.1 tn U . oC oC ! P: ~ i I = ! ! i I ~~ ! ,.. '~ ... I ill 0 ,.. . . 0 . I'ol I . ..... ~ .. III "A = ~ III I~ ~ = ~ ~ .f ~ :a _ . J' .... '" :; .. .. , . . . . .. .' .." . , . . . , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAllZS T. BELL and ROBERTA R. HLL, hi. wife civil Action - LAW plaintiffs v.. NO. 95-7017 Civil Term WILLIAM E. DELANEY Defendant JURY TRIAL DEMANDED REPLY TO NEW MATTER Ill. Paragraph. 1 through 18 of the complaint are incorporated herein by reference. 30. _ 33. The averments set forth in paragraphs 20 through 22 of the Defendant'. New Matter contain mere conclusions of law, no re.pon.e thereto being required. KATHERHAN , HElM, P.C. ,11 L C. eim, torney for Plaintiffs I. D. No. 23155 ~ , " Plaintiffs · IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . JAMES T. BELL and ROBERTA R, BELL, his wifc, v. · No,: 95.7017 Civil Term · CIVIL ACTION - LAW . WILLIAM E, DELANEY, Defcndant v. · JURY TRIAL DEMANDED . . . . KIMBERLY L, DRAUGHN, Additional Dcfcndant PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: PIClIICl issucl Writ of Summons to Kimberly L, Draughn, 2974 East Prospect Road, York, PA, 17042, who has been joined IS In Additional Defendlnt in this action by William E, Delaney, Dlted: iJJ1.JCf~ 61411.1 J ~ I II ~I I . ! a: I . j I Be m ~Q 'g~ ~ 1Il~ i ~ -~ ~~~ ~ ~g~~ ~ ~ g~ aI . .(Hii~ ~ f&l i~ . e r< ~ ..... r- I ~I f I I '" .8 ;;l ~ '" 5! 2!~'" r- I. ..., 3 :.: olCM ~ "'" # " . ~ Plaintiffs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . · No,: 95-7017 Civil Term · CIVIL ACTION - LAW . JAMES 1', BELL and ROBERTA R, BELL, hi. wife, v, WILLIAM E, DELANEY, Defendant v, · JURY TRIAL DEMANDED . . . . KIMBERLY L. DRAUGHN, Additional Defendant AND NOW, this ~ day of o~~ . 1996, upon consideration of the appended Stipulation of Counsel, IT IS HEREBY ORDERED AND DECREED THAT: I, Kimberly L, Draughn is to be added IS an Additional Defendant to thislitiption, 2, The caption shall be amended to read: Plaintiffs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA . · No,: 95.7017 Civil Term · CIVIL ACTION - LAW . JAMES 1', BELL and ROBERTA R, BELL, his wife, v, WILLIAM E, DELANEY, Defendant v, · JURY TRIAL DEMANDED . . KIMBERLY L, DRAUGHN, Additional Defendant . . ? /, I J. 6143401 --,,' . " . >- .: -- 1:1'; (7- i~~' .. . ~i.~ (~ - L1~> - J ,;.~~ t.:(., ):7 ~rl~ ..:;.-:: -:::1 .",.. , , ' i~J) ( ~ ..... t': I"''; - ~.~ r~!-:: C". IrQ I'; lei_ L'. ," :) l..) \J'. U FIO(ltt I CR.DloELJ.. & "'E""'1O TO 717 0"3 2tiOO 19'3Ei,03-1G 10126 10040 P,03/0" lAMES T, BELL IIId ROBERTA II BElL, his wife, · IN nm COURT Of COMMON PLEAS · CUMBERLAND COUNlY, PENNSYLVANIA . PlainIiffJ v, · Nn: 95.7017 CiwTcrm · CIVIL ACTION. LAW . W1LlJAM E. DELANEY, Defeadlnt · 1U1lY TRIAL DEMANDED . v, KIMBERLY L, DRAUGHN, ,&.j,lititwu,1 De&ndInt . . . ftDULA'I10N or COIINSEL "OR JOINDD OJ' ADorrIONA1. DJ:nNDANT rr 15 HEJlIlBY STlPULA11iD AND AGREED by IIld blltMfll COUIIIe1 filr the parlia: 1. PIIintift's fiIcd the ~ed dOlI an Deellllblr 7, 11l94111d thl CompIlint was ~ CIl De&ndIIIt Cl1 or Ibout Decemb.. 13, 1995, 2 'I1w1aMuit arises filIIowing . ~YdIide MXj,bt 011 Mudl19, 1994, at wbidllimc tbo PI~tiff wu . pasllIIIpf in . veIIid, driwn by Kimbarly L, DJ'aUIha, bavinllIl address of 2974 East PIoIpaclalWd, York, PA, 17042, 3, 'Ih8 JlIaaIF __ ~ dosed IIId Discovery hu baen iniu.d. but baa not yet bee Anlwwed. 4. Tba parties ape lbat PlIintiffs' driver. Kimberly L, DrauFn. !MY be joined in "" J;o;....v by~ as 11\ ,&ddilim1l. Defendant at this time, u Discovery isllllloiDa and the IltIlIa of C, Heiiii; Esq . 5 East Mubl Street York,PA 17403 Attorney tor P1aintifli "'Mol ,. ,. -HFEH F'~.: IILT1Q.,n "j: t q' j"iil!tlTY c/\ra~ !ILl: li~\J~:,' ~'i?L'll " 1. cutnll'tll,I'AI.TII "I' l'J:!Itl:-,YI,,/,\tllt,: COUNTY l'iI' ,1!11l1FIiLAII[' 11~.I,L_,IAME'; 01' EOI' AI. V'~"'. !.'.E:.I, ^ II E Y. \oIJ1,1-.1A'} ,E ..R._ Thom,-'!l_J';.l_tfl(, :3h\?rl f 1.. who hpinq duly G\HHfi HGcos'ding t.o 1:].". 3ay:;,!, th;_ll. hp made> i"l illl Pll"nt_ ::H.!dn~h .1Ipj inquiry for ttlC' within named dcft:'nd;)ot., t,n ....1 t: .,\~{_r\.lJC:IH(.I\}t1J~_~~I_{~)'. J, but wa:-...; llnalllf! tCI 1 (_11:''' tl;' ~h-"r 10 hiD baU]"l',II, HI} thC't'0fore d.?tHJt.i:~c'd 111(' ;:;hc'rjif elf Ylild< c,.)uut..,., i'1/nnFEylvan i.a. to ~::;.:lrV(1 ttJl' Wl1.hlll .~B.LT TO JQltj :\P[~.TL UI:~F On M;J" .,..._J 1 ;': ~ .! t2\!I;.,___ ,:h~:: u:fJ1GI:.,.. \I ,j rt rt.;c(:,ipt-, u1 111 tho! ;It.l.dChi-,d rcLU1'n fI(I!P _,','[jEE, l~nlJnl}', Pc'nnnylV"lni.n. ~:ihpr ~ff':; (:OL~tt::;: ~;" ~L .r:' ,-:'1' ~......-.-..<?^/ 1,-1"'1' ...'.. 1'1'..' "I. ..r{"..'.. .... ; IUIlI:l,3 .,. t nl', ..' l"l 1,. Dock(} l.. 1 rl'l Out. uf '_'punli' Surl~h;')rql~l 'lor 1< 1:IJIHI t, i' 11\,OiJ ~-'. CH,' .:,Oll :~ ~:i. '~IH ':~'-:.l. '::-<'-: ;. tll,ilWF! L L !\EtdHl~, Vi':--l;' Ci 1 .- t 'YH;, Sworn i.ll:d ~;ull;:'__'l 1 hi": i '_' !:'-_' 1 '-}l I lnl tlllE ,.., ~. ."-_:::-: d I:,' ,\ I ~ J '), 'U. ,\.1-. ,.-., y~,-,-,q"b,l~' !l'~,y,!g~';ji.'r'~Jtlt!:'#}.~:f:i')"" ..J' ' cf~e=mrrio'fi-Ffe'::s-cQT C::'r"::"-:~l..i::nd C=U:-:~'Y, Panr:syl'lc::ni: James T. Bell et al vs. William E. gelaney va. Kimberly L. Draughn :-rOt 95-7017 Civil ':) ---, ..- :'iow. March 20 ~9..ll.. !, SEZP.1::'F 0: C~G-=-,.!.A.'m COt.~':'Y. :'.0\.. c!ll :..~ c!:i:ue::: 11:= Sb.::I oi :it c..."jl~-=~ -1..1. U :!:: ~ ::::d ::sk of OU, .E :.-~~, -t:r " . W:L . --, (I . :>t'.' ~- LUI.l.. I""W"'\ .' c..." '=_1 ,., LIJ u.J a: () II. u.. -';) York Cwu:ty :0 c::".U: = \V:i:. :.:: ?!::i. ; J .- ',~ r.::" r~~~ S'4L~ ct S:=!:u'..1I:ci C~IIlll't, :'2. ~ ~ '. - :..~... ':'.J c' Amdavit Or Semce ~ow, March 29 !9 96 .. . -. 8:40 o':!cc: . 'P. ~L s::-:= =e~= Writ to join acldt' 1 Deft. ~ Kimberlv L. Drauahn a~ 2974 East ProsPect Road, York, PA =r '-....,.::..1 :0 Mr. Draucahn. father and oerson in charae 10 true and attested cpr ci == o:=.t-..I at 2974 East Prospect Rd., York, PA ,. =d -..:. lc:awu :a him :!::.: ~::::t=:S :::.-::i. So a:sw=. ~;;;~~/~~ Sl1c:5 of Yol'k CollA.,., ... Swcr: =c1 J::~;bed =rm: ' =: :!:is ..l!!!;h =y of Apr i 1 ! 9...2.R. cosn ::.:..~ ".lIe:;: ~m':::AGZ .~:UJA""TI S 18.00 5.58 2.00 ----- ~ 25.58 · ~:.. [l' . Notary Public '0... ,or!< County Mv Commission Explr.s Aprl/20. 1999 ,- ---- omcE OF Tllf SHERIF' CIJHr1,;" .' 'I' "'''Iry Hu 20 8..2 AH '96 C^HLiSLE PENNSYLVAHIA J ;::l I ~I f al < . I e:: . ~ 0' 81 .j.J m ~Q ,~8 ~~ ",en... ~ ~ ~ '... ..-I ~ .....~ U \D.j.J ~~~~~ '" ;::l 21 ~z u al i~ . .... . 'H~ tJ11 ~ ~ . i ~ij~ 0 Eo< ,ffi 'jj ... I ~ j ~ III 8 ,80..-1 ... '" .j.JM ..-I 2l.j.J\D ... I- ..., 3: ICtM:C- . ,.-.,............--'-'-......~-_..,..."".-;".- "".--.-'. '"'-~.,...~".- - , JAMES T, BELL and ROBERTA R, BELL, : IN THE COURT OF COMMON PLEAS his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO, 95-7017 CIVIL TERM : CIVIL ACTION. LAW v. WILLIAM E, DELANEY, Defendant , , : JURY TRIAL DEMANDED v, KIMBERLY L. DRAUGHN, Additional Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Caldwell & Kearns previously filed In the above-captloned matter. CALDWELL. KEARNS By: Timothy I 3631 North Street Harrisburg, PA 17110 (717) 232.7661 Please enter my appearance on behalf of the Defendant In the above. captioned matter, NEALON. GOVER By~ ~ k2"2 James G, Nealon, III, Esquire 301 Market Street .. 9th Floor P,O, Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 ... '., . JAMES T. BELL and ROBERTA R. BELL, : IN THE COURT OF COMMON PLEAS his wn-, : CUMBERLAND COUNTY, PENNSYLVANIA PlaIntiffs . . : NO.IS.70i7 CIVIL TERM : CIVIL ACTION. LAW Y. WILLIAM E. DELANEY, Defendant . . : JURY TRIAL DEMANDED Y. KIMBERLY L. DRAUGHN, Additional Defendant ADDITIONAL DEFENDANT COMPLAINT 1. Plaintiffs, James T, Bell and Roberta R. Bell, are adulllndlvldual., hu.band and wife, who reside at 7069 Vork Road, Abbottltown, PA 17301, 2, Defendant, William E. Delaney, II an adult Individual, who re.lde. at 801 Fifth Street, New Cumberland, PA 17070, 3, Defendant, Kimberly L, Draughn, II an adult Individual, whOM la.t known address wal2974 Ealt Prolpect Road, Vork, PA 17042, 4, On December 7, 1995, Plalntlffl, Jamel T, Belland Roberta R, Bell, commenced this action by filing a Complaint. A true and correct copy of the Complaint I. attached hereto and Incorporated herein by reference as Exhibit "A", 5, On February 8,1996, Defendant, William E, Delaney, filed an An.werwlth New Matter, A true and correct copy of the Anlwer with New Matter II attached hereto and Incorporated herein by reference as Exhibit "B". ... ~ . 6, On or about February 9, 1996, Plaintiffs, James T, Belland Roberta R. Bell filed a Reply to New Matter, A true and correct copy of the Reply to New Matter Is attached hereto and Incorporated herein by reference as Ellhlbit 'C', 7. The accident giving rise to the instant civil action occurred on March 19, 1994, at apprOXimately 3:05 A.M., at the Intersection of the Carlisle Pike and Van Patten Drive, Hampden Township, Cumberland County, PA, 6, At that time and place, Plaintiff, James T, Bell, was a passenger In a 1991 Chevrolet Geo Storm, being operated by Additional Defendant, Kimberly L. Draughn, 9, At the same time and place, Defendant, William E. Delaney, was operating a 1990 Hyundal Sonata, 10, Kimberly L. Draughn was operating her motor vehicle In a southerly direction on Van Patten Drive, attempting to make a right turn onto the Carlisle Pike, 11, At the same time and place, Defendant, William E. Delaney; was operating hi. motor vehicle in a westerly direction on the Carlisle Pike, 12, A. Defendant, William E, Delaney, approached the Intersection, he had the green light. As he proceeded through the Intersection, Additional Defendant, Kimberly L, Draughn, pulled out onto the Carlisle Pike and struck the Delaney vehicle, 13. The action giving rise to the Instanct civil action was caused by the negligence, carelellnell and/or recklellness of the Additional Defendant, Kimberly L. Draughn, said negligence consisting of the following: i;r<i,-;~~1;':\~M:~~;",'ii",~:_',~~,_~~f,~;;"W+J~~mA~1W~t~~!'"'!t~w~nnk_~-- ,.'.I;'Y.;,,' 1~':;"T;: .' ". . , t~": - ,',,' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES T. BELL and ROBERTA R. BELL, his wife Plaintiffs CIVIL ACTION - LAW vs. NO. 1.5"- 'loll fLv-l C JV'-,'l-I^- WILLIAM E. DELANEY 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 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 Court Administrator one Courthouse square carlisle, Pennsylvania 17013 Telephone (717) 240-6200 TAUE COPY FROM RECORD In Tllttmn~lI whereof, I hell ullto lit my hand and tll" '. ..' qi C t carlisle, ~. . Th ' 0 19jL - ry h) failing to keep a reasonable lookout for other vehicles lawfully on the roadj i) failure to yield the right of way to the Draughn vehicle j) operating his motor vehicle in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I James T. Bell vs. William E. De/alley 10. Paragraphs 1. through 9. are incorporated herein by reference. 11. The injuries to the Plaintiff and the damages suffered by the Plaintiff were caused solely and exclusively by the negligence and/or carelessness and/or recklessness of the Defendant, and were in no way caused by the Plaintiff. 12. Solely as a result of the aforementioned accident, the Plaintiff has been caused to sustain serious physical injuries, including injuries to the cervical and lumbar spine, the full extent of which are presently unknownj Plaintiff has been caused to suffer injuries to his nerves and nervous system and mental and psychological trauma. 13. As a result of the injuries sustained by the Plaintiff herein, Plaintiff has undergone in the past and wiII in the future undergo pain and suffering. 14. As a result of the injuries sustained by the Plaintiff herein, the Plaintiff has or may suffer a permanent disability or permanent impairment of earning power and capacity. 15. As a result of the injuries sustained by the Plaintiff herein, the Plaintiff has or may suffer a permanent diminution in the ability to enjoy life and life's pleasures. 16. As a result of the injuries sustained by the Plaintiff herein, the Plaintiff has or may incur other medical expenses of income loses which exceed sums recoverable under 75 Pa.C.S.A. ~ 1711. WHEREFORE, Plaintiff hereby demands judgment against the Defendant in an amount that exceeds the jurisdictional amount requiring referral to arbitration by local rule. COUNT II Roberta R. Bell vs. William E. Delaney 17. Paragraphs 1. through 16. hereof are incorporated herein by reference. 18. As the result of the aforementioned occurrence, Plaintiff, ROBERTA R. BELL, to her great damage and loss, has been deprived of the society, companionship, services and assistance of her husband to which she is legally entitled. WHEREFORE, Plaintiff herein demands judgment against the Defendant in an amount that exceeds the jurisdictional amount requiring referral to arbitration by local rule. KATHERMAN & HElM, P.C. L. . Heim torney for Plaintiff I. D. No. 23155 " I"'",' I'Ll" "",",", :~../;~, ~~:::?";~, ""'" . ";l:'? p,; ...-~;., ,('~p', 'i..i.',":!._' ~H) ,~p~- fi~fo ~ni:- -V"'iC; , ., .\ F' -; ~ ......... ~~-. tf.'{i~;~-.""'~-"""""''''ut~><'~'-''''"'' ~'''''''''\''~i;,,;.,..;.o;ry;A''''~,::i:~i._t;_~''''-H''~''''~'~.' "'-""''''''''''F-'~'''''~;'''-'"'''~''~''~'''''''''''~'''.'NI'''''-. ~~. .... ,--,c',' ~_ Plaintiffs, · IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . JAMES T. BELL and ROBERTA R. BELL, his wife, v. · CIVIL ACTION - LAW · No.: 95-7017 Civil Term . . WILLIAM E. DELANEY, Defendant · JURY TRIAL DEMANDED . NOTICE TO PLEAD TO: James T. Bell and Roberta R. Bell, Plaintiffs and L. C. Heim, Esquire KATHERMAN & HElM 345 East Market Street York, PA 17403 By: Dated: [eb. 6 I \C)c,,, 651<7 n _n 0 C' t,i' "" .-"; ..., =:J '., ~';'"..: I'T' ---:1] ti"'" ;;;J \.;J~ . ~ :- : , ~9'-' ..,1 ,',\ " c::l ''1 ~~ '. . --;:,9 ,";'.:.i :-'1 '1'~ . .., ;i;: ;} .-- Ql. ~~~~ =- L\ .. ~ -.'. :.:\ n ~ -'. Cl .... 8. The allegations in paragraph 8 constitutc legal conclusions to which no rcsponsc is necessary under the Rules of Civil Proccdurc and are dcemcd to bc dcnied. 9. Dcnied in accordancc with PaKC.P. 1029(el. COUNT I Janles T. Bell v. William E. Delaney 10. No response is required. 11-16. Denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant, William E. Delaney, demands that the Complaint be dismissed and judgment entered in his favor and against all parties without cost to him but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT U Roberta R. Bell v. WIIllan! E. Delaney t7. No response is required. 18. Denied in accordance with Pa.R.C.P. 1029te). WHEREFORE, Defendant, William E. Delaney, demands that the Complaint be dismissed and judgment entered in his favor and against all parties without cost to him but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. NEW MATTER 19. Defendant incorporates his Answer to the Complaint as ifset out in full. 20. The injuries alleged in Plaintiffs' Complaint, if proven, were caused in whole or in part by the conduct of another party over which the answcring Defendant has no control. 2 21. Dcfendant spccifically preserves those dcfenscs under PaRC.P, 1030 which are automatically raised and need not be pleadcd. 22. To the extent that any losscs wcre paid or payablc undcr any group plan or othcr arrangement. ~ 1722 orthe Motor Vehicle Financial Responsibility Ll\w prohibits the Plaintill" from recovering said amounts in this action. WHEREFORE, Defendant, William E. Delaney, demands that the Complaint be dismissed and judgment entered in his favor and against all parties without cost to him but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems By: Dated: !e,\::> /.;0 " CjCj c;, 6m1 3 t,'" ',..>Ii- ';;, f~~,' ],'".' , ". , '. '~~o,,' '~ If~ , te- l!-o;F~~t. ". 1~44 Wr $'!>: ;n',~' i~'i; ~~~: Iff ~1i ,,,,,#'0' ~f~: "',"," ~-Ni J~ '>5:".- ;a;~\j'i It,-.,.:.," r~t fIi: ~~~ ~f~ ~~t~ n~~; !P1'~ ~. rl'ffl,1II\' ~~~;1;~;,>1: . n -,) ........_-''''''''~--'''''''~........''''4~~''''~__,..____"... "',~.~,....,..,..'"'....... l'T'r ~"""",.,~-~- . ", PRAECIPE FOR LISTING CASE FOR TRIAL llollst be typewritten and subnittcd in duplicate) ~?, --\ '",:11 ,., ,"') ';)i.: "f,\) 1-1\ '....1"\ )';.. . .,) . "I" , ) ~ ,\ :::1. -. () i_' In r~ ,.. -,) . 1 I C,.1 ,,'I , " '10 'mE pJVl1UVl'MY OF ClHIERLAID COUNI"i please list the following case. .,., I Check one) Ix for JURY trial at the next term of civil co~. r;} ~" for trial without a jury. . ~:I -. .- ----------------------------------------- CAPl'ION OF CASE (entire caption nust be stated in full) (check one) I xl Civil Action - Law JAMES T. BELL and ROBERTA R. BELL, his wife Appeal fran Arbitration (other) (plaintiff) VB. The trial list will be called on 6/9/98 and WILLIAM E. DELANEY Trials commence on 7/27/98 (Defendant) Pretrials will be held on 6/17/98 (Briefs are due 5 clays 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. KIMBERLY L. DRAUGHN No. 95 Civil 07017 19 Indicate the attorney who will try case for the party who files this praecipe. L. C. Heim, Esquire, 345 E. Market street, York, PA 17403 Indicate trial counsel for other parties if known. for defendant. James G. Nealon, III, Esquire, NEALON & GOVER, 301 Market st., 9th Fl., P.O. Box Print 865, Harrisburg, PA 17108-0865; Add'l. 2914 E. Prospect Rd., York, PA 17402 Th sease 1s ready for trial. signed. L. Draughn, Date. M;:lrt"'h ~n r ' qqR Attorney for. Plaintiff \ '1" t, ~ N rs <:. L-". l's? .. 50<1: N ( ,) ..;;~ I , ::t: L;:~ ~--: 0- ":\~ . ;1-, :., J I.'" N :;~j l' tr l.i_ :j;;- "rn J >- tli I [D" .., (:)0.. r:. :t: ::5 u. rn 0 <n (J . PRAECIPE FOR LISTING CASE FOR TRIAL . \- ' (Must be typewritten and submitted in duplicate) TO 'lllE PRmJClWl'ARY OF ClMlERLAW COUNI'Y Please list the following easel (Check one) (x for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTIaI OF CASE (entire ClIption ITLIst be stated in full) JAMES T. BELL and ROBERTA R. RELL, his wife (check one) ( X) Civil Action - Law l\ppeal fran AIbitration (other) (Plaintiff) VB. WILLIAM R. DELANEY The trial list will be called on 6/13/00 and (Defendant) Trials coomence on 7.110/ 00 Pretrials will be held on 6/ ;! 1./ 00 (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. KIMBERLY L. DRAIJGHN (Additional Defendant\ 95 No'. 07017 19 Civil IndiCllte the attomey who will try case for the party who files this praecipe I L. C. Heim, 345 E. Mllrket st., York, PA 17403 Indicate trial counsel for other parties if knCMlI Oefendllnt - James G. Nealon, III, Esquire, NEALON> GOVER, 301 Market st.. 9th Fl.. P.O. Rnx " 865, Harrisbur , PA 17108-0865 ~I~ lase PfJ)~8i !O~ 't'ril~~k, PA Additional' 17402 Signedl Print Namel L. C. Helm 1.0. No. 23155 Plaintiffs . Date I Attomey fora March 27. 2000 ___"'L""''''-''~''''''''''''''''''' ~~"."C",,,'''''~.''~_ \ .",,\~- ',- i!; en ~ p, N ~O :::J~ ~i; 0-. ~c: l.:J?; 1.;1.: u.. ~, C.le; -)- "M @'l: CXJ ':'i n ~fj- N -2 -II' ~ j r.-, u....T ..., ul(O f.: ::t: !JJo.. 1,._ <:> ~ 0 :::l 0 U " ! ,i ~ . " .' "'-'.. '. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and subnitted in duplicate) TO 'ltlE PIUlHX'Vl'ARY OF ctMlERLAt.[) coutfl'Y Please list the following easel (Check one) x for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- ClIPl'ION OF CASE (entire caption nust be stated in full) (check one) (X) Civil Jlction - Law J\ppeal from Arbitration JAMES T. BELL and ROBERTA R. BELL (other) (Plaintiff) vs. WILLIAM E. DELANEY The trial list will be called on 6/15/99 and Trials ccmnence on 7/12/99 (Defendant) Pretrials will be held on 6/23/99 (Briefs are due 5 days before pretrials. ) ('l1le party listing this case for trial shall provide forthwith a copy of the prlll!cipe to all counsel. pursuant to local Rule 214.1.) vs. KIMBERLY DRAUGHN (Additional Defendant) No. 95 Civil 19 7017 Indicate the attorney who will try case for the party who files this praecipel L. C. Heim. 345 E. Market street. York. PA 17403 Indicate trial counsel for other parties if knownl For Defendant: James G. Nealon. III. 301 Market st.. Q~h Fl.. P.O. Rnv 865, Harrisburg, PA 17108-0865 This case is ready for trial. Signed I Print NaJreI Date I April I&. , 1999 Attorney fora Plaintiff ., PRAECIPE FOR LISTING CASE FOR TRIAL (ltJst be typewritten and sul:rnitted in duplicate) '10 '1llE PR7IKH7I'lIRY OF ClJ1BE/lLAID COONI'Y Please list the following casel (Oleck one) (X for JURY trial at the next term of civil court, for trial without a jury. ----------------------------------------- CAP1'I~ OF CASE (entire caption IllIBt be stated in full) (check one) JAMES T. BELL and ROBERTA R. BELL ( X ) ( ) ( ) civil Action - Law Appeal fran Arbitration (other) (plaintiff) VB. WILLIAM E. DELANEY The trial list will be called on June 12, 2001 and Trials comrence on July 9, 2001 (Defendant) Pretrials will be held on ,'I...... ,n _ ,np1 (Briefs are due S days before pretriAla.) ('!he party listing this case for trial shall provide forthwith a copy of the prlleCipe to all counsel, pursuant to local aJle 214.1.) VB. KIMBERLY DRAUGHN (Additional Defendant) No. 9S Civil 19 7017 Indicate the attomey who will try case for the party who files this prlleCipe. L. t. 881m. 3.5 E. Market Street. York. PA 1?4n~ Indicate trial counsel for other parties if knawllI JAmes G. NeAl nn. IT T r ':In 1 Market St.. 9th .1.. P.O. Box Bfi5. HArriAhnrq. PA t 71 nA-nA';1\ (for '. Defendant)/ Kimberl hn, 2974 E. Pros ect Rd. York PA 17402 'l11is CMe is ready for trial. Signed I Print NIITe. L. C. Heim Date. May 3 , 2001 Attorney fori Plaintiff 1" CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: James G. Nealon, III, Esquire 301 Market St., 9th FI. P.O. Box 865 Harrisburg, P A 17108-0865 Kimberly Draughn 2974 E. Prospect Rd. York, PA 17402 DATE: S'j-fJ/ L.C eim Attomey for Plaintiff I.D. No. 23155 KA THERMAN & HElM 345 E. Market Street York, Pa 17403 (717) 854-5124 .. I ~ ..::I' r;; u;; c: r. ~~ .. :-:J~ lll~? ..:> l'.)~' h~(~,'J -~ .)~ .- . " r!;f-'i <L. C.)~ '!Q J ( ..::l' .~) .. (../1 I W,O.., "J ::s ., >- U L E. .~ fUn. ,. :lC ;:.e II. B Ci <::) .J .. ii; CO) ~ .J. Co t":j .. 35! 1,J..!.'}. '" ~;?C"'. :!: u~ ~ ~ - ..~. n.. >. ('; ,. ~)~ -', N .J..."1 tl-';' I 'Az -. --': c,n (Mil L.. ~ IUU. oct -" r." 'L oJ C' (;;) U . .