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1. plaintiff, JoAnne Mccarthy, and plaintiff, Thomas
McCarthy, are individual residents of the city and County of
Philadelphia, Commonwealth of Pennsylvania, residing at 9937 Alicia
street, Philadelphia, Pennsylvania.
2. Defendant, William J. Quick, is an individual, residing at
7 B Richland Lane '208, camp Hill, Commonwealth of Pennsylvania,
and at all times relevant hereto was the owner of a certain motor
vehicle which was being operated by defendant, Matthew R. Quick, as
his agent, servant, workman and/or employee, acting within the
scope and/or authority of his employment.
3. Defendant, Matthew R. Quick, is an individual, residing
at 7 B Richland Lane '208, camp Hill, Commonwealth of Pennsylvania,
and at all times relevant hereto was operating the vehicle of
defendant, William J. QuiCk.
4. On or about December 12, 1994, at approximately 9:45 P.M.,
plaintiff, JoAnne McCarthy, was a passenger in a motor vehicle,
operated by Cynthia Piepiora, traveling in a southerly direction on
Route 11 near Mill Road, both of which are public highways in
Middlesex TownShip, Commonwealth of Pennsylvania.
5. At the time and place stated above, defendant,
Matthew R. QuiCk, was travelling in a southerly direction on
Route 11 near Mill Road, when due to defendants inattention
to traffic conditions, defendant suddenly and without
warning, negligently and carelessly, struck the rear of
the vehicle plaintiff, JoAnne MCCarthy occupied, thereby
-
causing plaintiff, JoAnne McCarthy, to sustain serious personal
injuries.
6. At the time and place stated above, the negligence of the
defendants consisted of the following:
(a) negligent hiring of driver by ownerf
(b) negligent selection of driver by ownerf
(c) negligent supervision of driver by ownerf
(d) operating said vehicle at a high and excessive rate
of speed under the circumstancesf
(e) failing to keep a proper lookout for other traffic
lawfully upon the highwaYf
(f) failing to have said vehicle under proper and
adequate control under the circumstancesf
(g) failing to observe the statutes of the Commonwealth
of Pennsylvania and the ordinances of the County of
Cumberland pertaining to the operation of motor vehiclesf
(h) operating said vehicle with disregard for the rights,
safety and position of the plaintifff
(i) being otherwise careless, and negligent under the
circumstances.
7. plaintiff, JoAnne MCCarthy, was operating a motor vehicle
inwhich the name insured had selected the full tort option under 75
Pa. C. S. S 1705 on plaintiff'S applicable insurance policy.
Count One
PLAINTIFF JOANNE McCARTHY VS. DEFENDANTS
8. Joanne McCarthy avers that she is a plaintiff herein and
she incorporates by reference all of the preceding allegations of
this civil Action as if each and every allegation were set forth
herein at length.
9. As a result of the accident aforesaid, plaintiff has
sustained an impairment of body function, which plaintiff has been
advised is permanent in nature, along with injury to her body and
limbs, including bilateral C5 and L5 radiculopathy; acute cervical,
lumbosacral sprain and strainf myofascitis; and mental anguish
together with a severe shock to her nerves and nervous system, al:!.
of which rendered her sick, sore, lame and disabled and by reason
whereof, she was caused to experience great pain, suffering,
discomfort and mental anguish and in the future be caused to
experience additional pain, suffering, discomfort and mental
anguish.
10. As a further result of the accident aforesaid, plaintiff
has been and may continue to be obliged to receive or undergo
medical attention and care and to incur various expenses for
injuries she has suffered, and plaintiff may be obliged to continue
to expend such sums or incur such expenditures for an indefinite
time in the future.
11. As a further result of the accident aforesaid, plaintiff
has been hindered and prevented from attending to or from
performing all or substantially all of her usual and customary
daily activities and duties for an extended periOd of time, which
has been medically determinable as arising out of the irlcident.
Furthermore, plaintiff received medical treatment for an extended
period of time after the date of the aforesaid incident.
12. As an additional result of the accident aforesaid, the
plaintiff has and/or may in the future suffer a severe loss of
earnings and/or an impairment of earning capacity and power.
WHEREFORE, Plaintiff demands judgment against the defendants
for a sum not in excess of Fifty Thousand Dollars ($50,000.00) plUS
pre-judgment interest pursuant to Pennsylvania Rule of civil
Procedure No. 238 adopted November 20, 1978 and costs and fees.
.
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BIRXOWITZ , UA1lKAJr, P. C.
BY: SIDNEY I. LEAB~~
IDENTIFICATION NO. 12902
1101 WALNUT STREET. Il1h "
PHILADELPHIA, PA 18103
12'5} J'3a.08QO
1215} J'3a.2800
ATTORNEY FOR PLAINTI FF
JOANNE McCARTHY and THOMAS MCCARTHY,
her husband
9937 Alicia Street
Philadelphia, PA 19115
VB.
WILLIAM J. QUICK
7 B. Richland Lane #208
Camp Hill, PA 17011 and
MATTHEW R. QUICK
7 B. Richland Lane #208
Camp Hill, PA 17011
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
: (!~~ - /,).4 I (I,L..~L.
: TERM,
CIVIL ACTION
NOTICE
You hlYe bien sued fn court. If 'You wfsh co
dellnd .galn.c Ch. .l.l.. ..t lorth In ChI
10U...lne pag... you _t C.k. acclan within C_ty
(20) dey. alc.r thl. ._I.inC ond notl.. ...
''''led. by inuring. Nrtn." &pe1f1nC. personalty
or by .ttornay and 1111118 In wrlclng wllh Ch. .ourt
your dI'ena.. or obJection. to thl cLllma ..t 'orth
.8.'lIIt you. Tou .r. ..rnod Ch.c II you foil to do
'0 the .... MY procHd without you ond . J~c
MY be Inureel 1lI.'lIIt you by ChI .ourt wlthouc
lurth.r notl.. lor any .l.,med In Ch. ._I.lnt or
lor any och.r .1.1. or r.,l.f r_teel by lh.
plaintiff. You..y ld., IID'IeY or pruperty or other
rIghts I"""rcant Co you.
Tro SHQlLD TAKI THIS PAPER TO TaJR LAWYER AT OIICI.
IF TaJ DO NOT HAVE A LAWYER OR CANNOT AFIORO 0111.
GO TO OR TILEPHONI THI OFIICI SET ICRTH IILOW TO
FINO OUR WHERI TOU CAN GIT LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA l7013 3387
(717) 240 6200
TRUE COPY FROM RECORD
In Testimony whereat, I here unto set Illy hand
~ t ~I ala 0~1 ~e Carlisle. Pa.
Th ((, d' I leI, 19 rif,-
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an lea PIlIlnu olgufantn. uateel tf_ ..Inc. CZO)
dIu de pilla .1 partir de I. loch. de I. -.cle y
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cQq)alrllf'lC f. Berit, 0 en PlrsON 0 con 1011 abog8do Y
entreglr 1 11 COI'Ct In faMBI Hcrita lua eMf..,... 0
sua objectlonea a l.. dINndIa In concra. eM au
persona. sea 1",1,1do qJe ,f Ull:ad no s. eMff....,
l. .ort. C_r. IIIIdldeo y ~ .antl....r I.
~ In contra suva Itn previa ""fsa 0
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Ia.or del _t. y r""l.r. _ ..teel .....1.
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Ulteel ~ parder dlnaro 0 IUI propl_ u otroe
derlCh.. l_rCant.. pa.. ..CeeI.
uevE ESTA DEMANDA A UNABOGADO INMEDlATAMEHFE.
Sf NO TlENCE ABOGADO 0 SINO TlENE EL DElNERO
SUFICIENTE DE PAGAA TAL SERVlCO, VAYA EN PEAlIONA
o UAME POA TELEFONO A LA OFCIIoIA CUYA DfRECClOH
SE ENCUEHTRA ESCRlTA AS.t.J0 PARA AVEAlGUAII
DONDE SE PUEDE CONSEGUIR ASfSTENCIA LEGAl..
G:I.J""IlI&,1II1 uu\ ~?U'''' .. ....jJlXtAnOlt-
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1. Plaintiff, JoAnne Mccarthy, and plaintift, Thomas
McCarthy, are individual residents of the City and County of
Philadelphia, Commonwealth of Pennsylvania, residing at 9937 Alicia
Street, Philadelphia, pennsylvania.
2. Defendant, william J, Quick, is an individual, residing at
7 B Richland Lane '208, Camp Hill, Commonwealth of Pennsylvania,
and at all times relevant hereto was the owner of a certain motor
vehicle which was being operated by defendant, Matthew R. QuiCk, as
his agent, servant, workman and/or employee, acting within the
scope and/or authority of his employment.
3. Defendant, Matthew R. Quick, is an individual, residing
at 7 B Richland Lane '208, camp Hill, Commonwealth of Pennsylvania,
and at all times relevant hereto was operating the vehicle of
defendant, William J. QuiCk.
4. On or about December 12, 1994, at approximately 9:45 P.M.,
plaintift, JoAnne McCarthy, was a passenger in a motor vehicle,
operated by Cynthia Piepiora, traveling in a southerly direction on
Route 11 near Mill Road, both of which are public highways in
Middlesex Township, Commonwealth of Pennsylvania.
5. At the time and place stated above, defendant,
Matthew R. QuiCk, was travelling in a southerly direction on
Route 11 near Mill Road, when due to detendants inattention
to traffic conditions, defendant suddenly and without
warning, negligently and carelessly, struck the rear of
the vehicle plaintiff, JoAnne McCarthy occupied, thereby
causing plaintiff, 30Anne McCarthy, to sustain serious personal
injuries.
6. At the time and place stated above, the negligence of the
defendants ~onsisted of the following:
(a) negligent hiring of driver by owner;
(b) negligent selection of driver by owner;
(c) negligent supervision of driver by owner;
(d) operating said vehicle at a high and excessive rate
of speed under the circumstances;
(e) failing to keep a proper lookout for other traffic
lawfully upon the highway;
(f) failing to have said vehicle under proper and
adequate control under the circumstances;
(g) failing to observe the Statutes of the Commonwealth
of Pennsylvania and the ordinances of the County of
Cumberland pertaining to the operation of mot:lr vehicles;
(h) operating said vehicle with disregard for the rights,
safety and position of the plaintifff
(i) being otherwise careless, and negl igent under the
circumstances.
7. Plaintiff, JoAnne McCarthy, was operating a motor vehicle
inwhich the name insured had selected the full tort option under 75
Pa. C. S. S 1705 on plaintiff's applicable insurance policy.
Count One
PLAINTIFF JOANNE McCARTHY VS. DEFENDANTS
8. 30anne McCarthy avers that she is a plaintiff herein and
she incorporates by reference all of the preceding allegations of
this civil Action as if each and every allegation were set forth
herein at length.
9. As a
result of the accident aforesaid, plaintiff has
sustained an impairment of body function, which plaintiff has been
advised is permanent in nature, along with injury to her body and
limbs, including bilateral C5 and L5 racUculopathy; acute cervical,
lumbosacral sprain and strain; myofascitis; and mental anguish
together with a severe shock to her nerves and nervous system, all
of which rendered her sick, sore, lame and disabled and by reason
whereof, she was caused to experience great pain, suffering,
discomfort and mental anguish and in the future be caused to
experience additional pain, SUffering, discomfort and mental
anguish.
10. As a further result of the accident aforesaid, plaintiff
has been and may continue to be obliged to receive or undergo
medical attention and care and to incur various expenses for
injuries she has suffered, and plaintiff may be obliged to continue
to expend such sums or incur such expenditures for an indefinite
time in the future.
11. As a further result of the accident aforesaid, plaintiff
has been hindered and prevented from attending to or from
performing all or substantially all of her usual and customary
daily activities and duties for an extended period of time, which
has been medically determinable as arising out of the incident.
Furthermore, plaintiff received medical treatment for an extended
period of time after the date of the aforesaid incident.
12. As an additional result of the accident aforesaid, the
plaintiff has and/or may in the future suffer a severe loss of
earnings and/or an impairment of earning capacity and power.
WHEREFORE, Plaintiff demands judgment against the defendants
for a sum not in excess of Fifty Thousand Dollars ($50,000.00) plus
pre-judgment interest pursuant to Pennsylvania Rule of civil
Procedure No. 238 adopted November 20, 1978 and costs and fees.
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JOANNE MCCARTHY end THOMAS . IN THE COURT OF COMMON PLEAS
.
MCCARTHY, her husband, . CUMBERLIUfD COUNTY, PENNSYLVANIA
.
Plaintiffs .
.
v. . NO. 96-1241
.
WILLIAM J. QUICK and MATTHEW
R. QUICK, CIVIL ACTION - LAW
Defendants JURY TRIAL DEMANDED
DIT1lY o. AnDJIUCB
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance on behalf of Defendant William J.
Quick in the above matter.
METZGER, WICKERSHAM, KNAUSS , ERa
~C7d~.?~,~_r?
-~.Hildabrand, Esquire ~
1.0. 130102
3211 North Front Street
P.O. Box 5300
HarriSburg, PI. 17110-0300
Date: March 2(" 1996
JOANNE MCCAR~HY and THOMAS
MCCARTHY, her husband,
PlaintiffS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
NO. 96-1241
v.
WILLIAM J. QUICK and MA'l"rHZW
R. QUICl(,
CIVIL ACTION - LAW
JURY ~RIAL DEMANDED
.
.
Defendants
I
llOTICE
TOI Joanne MccarthY and Thomas Mccarthy, PlaintiffS
c/o Sidney I. Leabman, Esquire
1608 Walnut street
suite 800
Philadelphia, PA 19103
You are hereby notified to plead to the enclosed Answer and
NeW Matter of Defendant, William J. Quick, within twenty (20) days
from service hereof.
METZGER, WICKERsHAM, KNAUSS , ERB
. ~..c~
. H Idabrand, Esqu re
Attorney 1.0. No. 30102
3211 North Front street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
William J. Quick
Date! April~' 1996
JOANNE MCCARTHY and THOMAS . IN THE COURT OF COMMON PLEAS
.
MCCARTHY, her husband, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs
.
.
v. NO. 96-1241
WILLIAM J. QUICK and MATTHEW .
.
R. QUICK, . CIVIL ACTION - LAW
.
Defendants . JURY TRIAL DEMANDED
.
ANSWER AND NEW MATTER OF DEFENDANT WILLIAM J. OUICK
1. Admitted.
2. Admitted in part and denied in part. It is admitted that
Defendant William J. Quick is an indi vidual residing at 7-B
Richland Lane, No. 208, Camp Hill, Pennsylvania. It i. further
admitted that the vehicle operated by Defendant Matthew R. Quick at
the time of the alleged accident was owned by Defendant William J.
Quick. It is specifically denied that Matthew R. Quick was acting
as the agent, servant, workman or employee of Defendant William J.
Quick at anytime and it is further denied that Defendant Matthew R.
Quick was at anytime acting within the scope and/or authority of
any e.ployaent relationship with Defendant William J. Quick.
3. Adlli tted in part and denied in part. It is admitted that
Defendant Matthew R. Quick is an individual who was operating a
vehicle owned by Defendant William J. Quick at the time of the
alleged accident.
The remaining averments of paragraph 3 are
specifically denied.
4. Denied. Defendant William J. Quick ie without knowledqe
or info~ation eufficient to form a belief as to the truth of the
averment. .et forth in paraqraph 4 and the averments are therefore
denied.
5. Denied. Defendant William J. Quick is without knowledqe
or info~ation sufficient to form a belief as to the truth of the
ave~ent. .et forth in paragraph 5 and the averments are therefore
denied. rurthe~ore, it 18 specifically denied that plaintiff
Joanne McCarthy .ustained "serious personal injuries".
6. Denied. To the extent that the averments of paraqraph 6
are directed to Defendant William J. QuiCk they are specifically
denied and proof thereof is demanded. Defendant william J. Quick
i. without knowledqe or information sufficient to form a belief ae
to the truth of averments reqllrding the conduct of Defendant
Matthew R. Quick at the time of the accident and said avermente are
therefore denied.
7. Denied. Defendant is without knowledge or information
eufficient to form a belief as to the truth of the averments eet
forth in paragraph 7 and the averments are therefore denied.
8. The avermente of paragraphs 1-7 hereof are incorporated
herein by reference.
9. Denied. The averments of paragraph 9 are specifically
denied and proof thereof is demanded at trial.
10. Denied. The averments of paragraph 10 are specifically
denied and proof thereof is demanded at trial.
-2-
11. Denied. The aver.ent. Qf paragraph 11 are specifically
denied and proof thereof is demanded at trial.
12. Denied. The aver.ents of paragraph 12 are speoifically
denied and proof thereof is d..anded at trial.
13. The averments of paragraphs 1-12 hereof are incorporated
herein by reference.
14. Denied. The averaents of paragraph 14 are speoifically
denied and proof thereof is demanded at trial.
liD O'l"1'''
15. It is believed, and therefore averred, that any injuries
of which Plaintiff co.plains were caused by accidents or injuries
or infiraities pre-existing the happening of the accident in
question.
16. Plaintiffs have failed to mitigate their damages.
17. Plaintiffs' claims are barred, in whole or in part, by
the provisions of the Pennsylvania Motor Vehicle Financial
Responsibility Law.
18. Plaintiffs' claims are barred, either in whole or in
-3-
-
VERIFICATION
I, William J. Quick, hereby certify that the facts set forth
in the foregoinq ADsver aDd Wev Hatter are true and correct to the
beet of .y knowledqe, information and belief, and that false
state.ents herein are .ade subject to the penalties of 18 Pa.
C.S.A. 54904 relating to unsworn falsification to authorities.
Date :
11z.! qb
,
u?~~;i
Will am J. ck
JOANNE MCCARTHY and THOMAS
MCCARTHY, her husband,
Plaintiffs
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-1241
WILLIAM J. QUICK and MATTHEW
R. QUICK,
Defendant. 1
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
.
.
v.
.
.
CYNTHIA L. PIEPIORA, :
Additional Defendant:
ADDITIONAL DEFENDANT COMPLAINT
1. On or about March 6, 1996 Plaintiffs commenced the above
action by the filing of a Complaint. Attached hereto, marked as
Exhibit "A" and incorporated herein by reference, without
adMis.ion, is a copy of said Complaint.
2. On or about April 10, 1996 Defendant William J. Quick
filed an Answer with New Matter to said complaint.
Attached
hereto, marked as Exhibit "8" and incorporated herein by reference
is a copy of said Pleading.
J. Additional Defendant Cynthia L. Piepiora is an adult
individual residing at 159 Blackmore Pd. Rd., West Warehaa,
Massachusetts.
4. On December 12, 1994 at approximately 9145 p.m. said
Additional Defendant was operating a 1986 Buick Regal south on
Route 11 in Middlesex Township, Cumberland County, Pennsylvania.
Plaintiff Joanne McCarthy was a passenger in said vehicle.
5. At the aforesaid time and place Additional Defendant
Piepiora caused her vehicle to cut suddenly from the right hand
.outhbound lane into the left hand .outhbound lane, directly in
front of Defendant Matthew R. Quick's vehicle resulting in an
i.pact between the two vehicles.
6. Any harm which was sustained by the PlaintiffS, which i.
denied, was caused, either in whole or in part, by the careless and
neqliqent conduct of Additional Defendant Piepiora in the tOllowinq
particulars:
(a) Moving her vehicle from the right hand lane to the
left hand lane when said movement could not be made
with safety;
(b) failinq to maintain a proper lookout on the
highway;
(c) failing to appropriately signal before turning
her vehicle from one lane to another; and
(d) failinq to exercise that deqree of care,
caution and skill reasonably required under
the circumstances then existing.
7. Pursuant to Pa.R.C.P. 2252, Defendant William J. Quick
herein joins Additional Defendant Cynthia L. Piepiora and avers
said Additional Defendant is, or may be, solely liable to the
Plaintiffs, liable over to the joining party on the Plaintiffs'
cause of action, or jointly or severally liable with the joininq
-2-
Dated: April~, 1996
party on the Plaintiff.' cau.. of action, with any liability on the
part of joining defendant being specificallY denied.
METZGER, WICJ(ERSHAM, }(NAUSS , DB
~&~.~ z>L~~ ..I~
Karl R. H~b~and, Esquire
1.0. #30102
Attorney. tor Defendant.
3211 North Front street
P. o. BOX 5300
Harrisburg, PA 17110-0300
(717) 238-8187
-3-
.
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..........
03/21/88 07:24 tt8108283517
03/21/8' TBU 01:02 FAX 717 881 883.
, .'
IZRlOWITZ . ~H1M, p.e.
BY: SIDNEY I. LZABMAN
IClvm~'IDl NO. 12902
.lIlIlI WWM IT/IIET, "" n
~~"A '.'03
l21el ~
iI'll~
PROCRESSIVE
1'Il0GllESSlVE
raJooz
"'OUl
040 <6qL/735""
&TT~ '0'- PLAINTIFF
JOANN! HcCARTHY llnd 1'HOMAS KccAllTHY, . CUI1BERLANC COUNTY
.
her husband . C:OORT 01' COMMON PLEAS
.
9937 Alicia St~eet ,
Phfladelphia, PA 19115 . /r:J.4/ (!.~<1-.
. 9'-
VII. .
.
WILLIAM J. QUIa : TIRK,
7 I. R1cbl11nd L&ne '20e I
camp Hill, PA 17011 and :
KATTHZW R. QUICK I
7 B. Richland Lane '208 .
.
camp Hill, PA 17011 :
.
.
CIVIL ACTION
NOTICE
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COUIT ADMINIStRATOR
CUhaERLAND CO COURTHOUSE 4th FLOOR
1 COURTHOUSE SQUARE
CARLISLE PA 17013 3387
(717) 240 6~00
lRU~ COpy FROM AECOMD
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Ll.eJE mACGWIDI." UNAIIOGADO INMICIATAMSHTa
iii NO 1I1ONCf t\B~DO 0 IINO liEN! El. ClIIIWlO
SUFlClIJllTl Clf ,.AQAR TAl. ee/lY1co, VAYA!N PeMONt.
o UAMI flCII 'lkLiFOflO,.lA O'ClNlo CUYA 0l1lECClOH
II! INc:uet1"I'A ESCRIf,\ ..i.\Jo PAM 411!1l1GUM
ClONOE BE PUSllIi CO/'45EQUIR .allIS'TiN~ LEG4L
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03/21/96 07:25 1t6108283517
03/21/8~ THU 08:01 FAX 717 681 le31
PROGRESSIVE
PROGRESSIVE
raJ003
lc!Ioos
1. 'lGintiff, JOAnne M~ea~y, and plaintiff, ThQ~.s
McCarthy, are individual resic1ant:s of the City ~nd county ot
philadelphia, CODllllcnwultl1 of penneYlvaniil, r.sidinq at 95137 Alicia
street, Philadelphia, Pennsylvania.
.
2. Defendant, willillJll:r. Q1:lic:k, h an individud, Z'edd!nq at
7 B ~ichlanQ Lane '208, Cwmp Hill, Commonwealth ot Pennsylvania,
and at &11 tim88 relevant hereto va. the ownar of a cartain ~otoZ'
vehicle ~hich vas being of.~ated by defen4ant, Kat~ev R. Quick, ..
h1$ agGn1:, servant, vOJ;'lczaan ~nd/or employee, aCUl\9 ",j,thin the
scope andlor authority of hi' employment.
3. Defendan~, Katthaw R. Quick, is an individual, reaidinq
lit 7 8 Riehl.nd Lane 1208, Camp Hill, C:oDllllonwulth of p.nnsylvania,
and at 1111 tj,lIIes relevant hereto was operatin'1 thll vehicle of
defendant, william:r. Quick.
4. On or about December 12, 1994, at approximately 9145 P.M.,
plaintiff, JoAnne Hccartny, was a passenqar in Q motor vehicl.,
operated by Cynthia Piepion, trav.ling in a sou~erly d1r8ction on
J!.oQte 11 near Kill Raad, both of "hien ~e putll1e highways in
Middlesex ~ovnshlp, Commonwealth of Pennsylvania.
5.
At the time and place stated allov.,
c:le:llndant,
Ha1:t:hev R. Quick, was t:Avellinq in a southerly clir.c~ion an
RClute 11 near lUll R~Ad, when due to d..'enc1ants inattention
to
traUic
c:onditions. de1'.ndant .uddenly and Iorit:bo~t
varnin.. ,
negligently llnd cardessly, struck the :rear o:!
the
vehic:le 'J:llaintiff, JoAnnQ I'lClcar1:hy occ:upied.
thereby
0~/21/88 . 07:25
n/211lfo. THU 08: 0,1
" .....
1r8101%83517
FAX 717 881 8038
PROGRESSIVE
PROGIII::S31 YIi
raJ004
'\!Iv"'..
.
causing p14intift, JoAnne KcCarthy, to sustain serious perlonal
injur:l.e..
6. At ehe ~ime and place etated above, the negligenoe of ~e
defendants consisted ot the !ollov:l.nq:
(a) negligent hirinq of drivlr by ownerf
. Cb) neqliqant selection of driver by ovnerl
(0) negligent supervi.ion of driver by ovner:
Cd) operating said vehiole at a high and axcessive r&te
o~ speed under the g:l.~cumltance&,
ee) failin~ to keep a proper lookout tor other traffic
lawfully upon the hiqhvaYf
(f) tailing eo pl\ve said veh1Cla U!\der proper U1Q
.dequ~ee control under the cireumstancISI
(9) failin; to oblerve the statut.. ot the Commonwealth
of PUlnsylvania and the ordinances of the County of
CUllIbarland pertaininq to the operation of lIlotor vahicluf
(h) oplra~inq said vehicle v1th disregard tor the riqhts,
safety and position ot the plaintifff
ei) being' othezwise cardelllS, and neqllqent under the
cirCWllstancRs.
7. Plaintitf, JoAnne McCarthy, Willl opera.tinc; il motor Vehicle
invbicb the nalDe insured had selected the full tort: option under 75
pa. C. S. I 170$ on plain~iff"s applieable insuranea ~olic::y.
Count One
PLAINTIFF 30ANNE McCARTHY Vs. DEF!NDANTs
8. Joanne Hc::CArtny ~v.r' that she i. a plaintiff herein end
sbe incorporAtes by reference alL ot the precedinq alleqat10ns of
this Civil Action as if each and. eva:y alleqation were set ~orth
berein at lenqt:h.
9. AS a result of the accident aforesaid, plaintif~ has
sustained an impair1llent ot l:Iody function, which p1a1.ntif~ has l:l.~
a<!vi.e4 is permanent in nature, alon~ with injury to her body and
liUs, inclucHhg' bilateral C$ and L5 radiculopathy: acute c..rvical,
lumbo3ilcral sprain and strain; myofascitis; and mental anguish
-'
03/21/88 '07:28 1r8108283517
03/21/88. THU 08:00 FAX 717 881 8938
PROGRESSIVE
PJOGREHlVE
~OO~
..."u..&
..
toqet.her wita a severe Ihock to her nerves and nervoUS ay.tem, all
ot which rendered her sick, sore, lama an4 disabled and ~y reason
whereot', 111'1. was cllu:led to experience 91:'4at p"Jon, SUffering',
d!acomfor'i: and menta.l anquish and 1n the fUture tie caused to
~.r1enc. additional pain, su~ferinq, disco~ort and mental
&nq\\1.b.
10. As a further result of the accident atoresaid, pla1nt1tt
halS ~een and lllay con1:1nue to ~. ob11ge4 to receive 01' und8%'90
medical attention and care and to incur various expensAS for
1njuri.. sbe hlUl suf'ferad, and pldntiff may b. obliqec1 to con1:inue
to ~xpend such auma or incur such expenditures ror an indetinite
ti.me in the futu:re.
11. As a f'urther result of the accident aforesaid, plaintift
he. a.en hindered and prevented from at:tend1nq to or from
performinq all or .ubstant:ially all of her usual and cu.tomary
daily activi~ies and duti.g for an extended period of time, which
ha3 been medically determinable as arisinq out of the incident.
FU~h.rmo~., plaint!!f received medical tr.~~ant fo~ ~n Qxtended
pe~iod of ~ime &t~er the ~a~. of the atoresald incide~~.
12. As an additional result of the aceiden~ aforesaid, the
plaintiff has and/or may in tha ~uture sufter a Slvera 10.. of
aarnin9s and/or an impai~ent of .arning capacity and power.
\THEltEFORE, plain~iff damand!l judqment aqainst the c1etan4anta
for a sum not in ~xe.ss of Fifty Thousand Dollars ($SO,ooo.OO) pluS
pre-jud9'lllen1: intcru1: pursuant to Pennsylvania Rule of civil
Procedure No. 2JS adopted November 20, 197i and costs and tees.
Ql008
.....,-
03/21/88 '01:~8 "8108283511
03/21/'" TSU 08:00 f~ 111 '11 ,'3'
pP,OGIlESSIVE
r14UbllL"" 1'"
..
count TYO
pl.a1J\dtf, 'fllOmaS KcCar'tl'lY VS. oetBndants
". ...... xcca""" ..." """ no ,. · .10""'" ... b'
"'.......... bY ..f...... all "". ......,.. .""",." .f thi.
.,." ...,.. .. " .... ... ....,. ."....,.. .... .., f.... b'"''
at lenct'b.
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""....,"".... .n< .......,.. .. ... .It.. OY ...... .. b"
atO%8sa1d 1~jU%18.'
~roR!, PlalJ\tltt. ~oma~ Kecarthy,
demandS judCiJlllent
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_,..n" ..,. .f <,.11 """.-' ... .,. ....... ........ ".
1,78 an4 costs and t....
Ei'! \
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_' /.dJA~.
ItlttE1 r: t.EA~
).t~eY to% ilaintUU
,
Exllibit .
...........
,
JOANNE MCCARTHY and THOMAS . IN THE COURT OF COMMON PLEAs
.
MCCARTHY, her husband, . CUMBERLAND COUN'l'Y, PENNSYLVANIA
.
Plaintiffs :
.
.
v. . NO. 96-1241
.
.
.
WILLIAM J. QUI ex and MATTHEW :
R. QUICK, . CIVIL ACTION - LAW
.
Defendants : JURY TRIAL DEMANDED
NOTICE
TO: Joanne MCCarthy and Thomas McCarthy. Plaintiffs
c/o Sidney I. Leabman, Esquire
1608 Walnut Street
Suite 800
Philadelphia, PA 19103
You are hereby notified to plead to the enclosed Answer and
New Matter of Defendant, William J. Quick, within twenty (20) days
from service hereof.
METZGER, WICKERSHAM, KNAUSS , ERa
~
H Idabrand, Esqu
Attorney I.D. No. 30102
3211 North Front Street
P.o. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Date: APrii~, 1996
Attorneys for Defendant
William J. Quick
.
r;:~. II (0"
. .
JOANNE MCCARTHY and THOMAS I
MCCARTHY, her husband, I
Plaintiffs I
I
V. I
I
WILLIAM J. QUICK and MATTHEW :
R. QUIClC, I
Defendants I
IN THE COURT or COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1241
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER AND NEW MATTER OF DEPENDANT WILLIAM J. QUICK
1. Admitted.
2. Admitted in part and denied in part. It is admitted that
Defendant William J. Quick is an indi vidual residing at 7-8
Richland Lane, No. 208, Camp Hill, Pennsylvania. It is further
admitted that the vehicle operated by Defendant Matthew R. Quick at
the time of the alleged aocident was owned by Defendant William J.
Quick. It is specifically denied that Matthew R. Quick was acting
as the agent, servant, workman or employee of Defendant William J.
Quick at anytime and it is further denied that Defendant Matthew R.
QuiCk was at anytime acting within the scope and/or authority of
any employment relationShip with Defendant William J. Quick.
3. Admitted in part and denied in part. It is admitted that
.
Defendant Matthew R. QuiCk is an individual who was operating a
vehicle owned by Defendant William J. QuiCk at the time of the
alleged accident.
The remaining averments of paragraph 3 are
specifically denied.
4. Denied. Defendant William J. Quick is without knowledge
or information sufficient to form a belief as to the truth of the
averments set forth in paragraph 4 and the averment. are therefore
denied.
5. Denied. Defendant William J. Quick is without knowledge
or information sufficient to form a belief as to the truth of the
averments set forth in paragraph 5 and the averments are therefore
denied. Furthermore, it is specifically denied that Plaintiff
Joanne McCarthy sustained "serious personal injuries".
6. Denied. To the extent that the averments of paragraph 6
are directed to Defendant William J. Quick they are specifically
denied and proof thereof is demanded. Defendant William J. QuiCk
is without knowledge or information suf!icient to form a belief as
to the truth of averments regarding the conduct of Defendant
Matthew R. QuiCk at the time of the accident and said averments are
therefore denied.
7. Denied. Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments set
forth in paragraph 7 and the averments are therefore denied.
8. The averments of paragraphs 1-7 hereof are incorporated
herein by reference.
9. Denied. The averments of paragraph 9 are specifically-
denied and proof thereof is demanded at trial.
10. Denied. The averments of paragraph 10 are specifically
denied and proof thereof is demanded at trial.
-2-
. .
. '
11. Denied. The averments of paragraph 11 are specifically . .
denied and proof thereof is demanded at trial.
12. Denied. The averments of paragraph 12 are specifically
denied and proof thereof is demanded at trial.
13. The averments of paragraphs 1-12 hereof are incorporated
herein by reference.
14. Denied. The averments of paraqraph 14 are specifically
denied and proof thereof is demanded at trial.
Jmf HATTBR
15. It is believed, and therefore averred, that any injuries
of which Plaintiff complains were caused by accidents or injuries
or infirmities pre-existing the happeninq of the accident in
question.
16. Plaintiffs have failed to mitigate their damaqes.
17. Plaintiffs' claims are barred, in whole or in part, by
the provisions of the Pennsylvania Motor Vehicle Financial
Responsibility Law.
18. Plaintiffs' claims are barred, either in whole or in
.
-3-
-
,
. ,
.
VERIFICATION
I, William J. QUick, hereby certify that the tacts set torth
in the toreqoinq ADswer ADd .ew Matter are true and correct to the
best ot my knowledqe, intonation and beliet, and that fal.e
statements herein are made subject to the penalties of 18 Pa.
e.S.A. 54904 relating to unsworn falsification to authorities.
Date :
t//z./ q6
f
.i2.~k~i
. .-.
.' .
C"~I.ICA~. o. ...VIC.
I, Karl R. Hildabrand, Esquire of the law firm Metzqer,
wicker.ham, Knaus. . Erb, hereby certify that I .erved a true and
exact copy of U4iUoul Defea4a.t co.plaiat with reference to the
foreqoing action by Fir.t Class Mail, po.taqe prepaid, this /1' day
of April 1996, on the followinq:
Sidney I. Leabaan, Eaquire
1608 Walnut street
Suite 800
philadelphia, PA 19103
(215) 732-0900
Attorney for plaintiff
METZGER, WICKERSHAM, KNAUSS . ERB
~t~~G.&vt'~ ,r?
arl-R. Hildabrand, Esquire
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JOANNE McCARTHY
and
THOMAS McCARTHY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
WILLIAM J. QUICK
and
MATTHEW R. QUICK
NO. 96-1241
PLAI)I'1'X.~8' "PLY ora ..W IlATT.. O. D...JlD1UIT
15. - 16. Denied. Responding plaintiffs are informed,
believe and therefore aver that the allegations in these
paragraphs constitute conclusions of law to which no response is
required and are therefore denied. strict proof is demanded at
tillS of trial.
17. Denied. It is specifically, denied that plaintiffs'
recovery should be barred and/or limited by the Pennsylvan.ta
Motor Vehicle Financial Responsibility Act, 75 PA. C.S. 1701. To
the contrary, the plaintiffs are entitled to a full and complete
recovery. Furthermore, the allegations set forth in paragraph 17
of defendant I s New Matter are conclusions of law to which no
response is required.
18.
Denied.
Responding plaintiffs are informed,
believe and therefore aver that the allegations in this paragraph
constitute conclusions of law to which no response is required
and are therefore denied. strict proof is demanded at time of
CD
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.-- '
JACK MARLIN and ELAINE MARLIN.
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY.
PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOHN V, REED,
Defendant
NO. 96-1903
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: PROTHONOTARY
PlellSe enter the appearance of Hartman & Miller, P.C, on behalf of Defendant, John V.
Reed, in the above-captioned malter,
Respectfully submitted,
HARTMAN & MILLER, P.C,
By, ~~;~
Supreme Ct.I.D. #21902
One Keystone Plaza, Suite 107
Front and Market S treels
Harrisburg, PA 17101
(717) 232-3046
Dated: 9/1111'
Attorney for Defendant,
John V. Reed
.... a> ~
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SIDNEY I LEABMAN & ASSOCIATES, I' (' AlIorn~y~ Iilr I'lllinlil1llsl
BY: Sidney I. LellbmBn, Esq
AlIorney I.D. 1112902
1608 Walnut Street, Suile HOO
Philadelphia, P A 1910.1
JOANNE McCARTHY Ilnd
THOMAS McCARTHY
. COURT OF COMMON PLEAS
ClJMIJERl,ANO COUNTY
v.
WILLIAM 1. QUICK und
MATTHEW R QUICK
v.
CYNTHIA L. PIEPIORA
. NO 1)6-1241
PRAECIPE TO SETn,E. DISCONTINUE AND END
TO THE PROTBONOT AR Y
Kindly mark the above cuplioned muller Sell led, Discontinued and Ended upon
payment of your costs only.
BY
ES, P.C.
~~