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Home My WebLink About96-02180 I , 1 " ~ 'l ~ ," . ", " ..~ ~ J " . 'I I ( ~ , I C) ~ - f1 ..... 5. On April 25, 1994, at or about II :OH am., Plaintiff Anthony J. Garofolo was operating a 1977 Mercedes scdan, Pennsylvania Iicensc plate No. K96.252, and was traveling on Market Strcet in Cwnp Hill, Pennsylvania. 6. On April 25. 1994, at or about II :08 a,m., Plaintiff Anthony J, Garofolo came upon the intersection with 24th Strcet. Plaintifl"s vehicle was legally stopped at the intersection's traffic signal, which was red, waiting for the light to turn green so he may prOC\led. 7, On April 25, 1994, at or about 11:08 a,l11., Defendant William M, Spiker was operating a 1990 Plymouth Voyager van, Pennsylvania license plate No. ZRR.299, IlIId was traveling in the same direction as Plaintiff, on Market Street in Camp Hill, Pennsylvania. 8, As Defendant Spiker appro.1chcd the intersection with 24th strcet, he failed to keep a proper lookout in lhe direction his van" .IS traveling and he suddenly and without warning. struck the rcar-end of Plaintiff's vehicle, inflicting upon the Plaintiff serious bodily injury as a result of this rcar-cnd collision. 9. Plaintiff Anthony J. Garofolo's injuries and damages were the direct and proximate result of Defendant's negligence and carclessness which consisted of the following: (a) In failing to control the speed of his vehicle to avoid striking the rear of Plaintiff's vehicle which was lawfully stopped at a traffic signal directly in front of Defendant; (b) In failing to have his vehicle under proper control to prevent striking Plaintiff's vehicle; (c) In failing to kecp proper look out; (d) In failing to observe with reasonable care the traffic and road conditions, inc1udiDa the location of Plaintitr s vehicle; (e) In failing to bring his vehicle to a stop behind Plaintiff's vehicle while PIainti8: was legally stopped to make a turn; (I) In failing to sound his horn in sufficient lime to give Plaintitl'noticc orbit peelti,.; (g) In failing to avoid the accidcnt by changing the direction orbis vchicIe or taIdIt ' " "" any othcr evasive action; (h) In operating his vehicle in a careless, negligent manner; (I) In failing to avoid the accident by apply his brakes;' , (j) In operating his vehich: wi:hout due regard for the rights, sarety and pCIl'ldOIt fit', the Garofolo vehicle at the time and place stated in Paragraph 6 oIdlis CoMJ' .a:..., '~l and (k) In oJH:rating the vehicle so as to be unable to stop within the assured clear distance ahead, 10. As a result of Defendant's negligent and careless conduct, Plaintiff sustained the following injuries, all of which arc or may be of a pennanent nature: (a) Cervical slrain; with syringohydromyelia from C-6 to C,7 and T-l and right foraminal stenosis secondary to spondylosis at C4 and CS: (b) Focal spurring and/or disc protusion with flattening of the right hemitord at C"- and C,S; (c) Dcgcnerative disc disease and bony spondylosis at C-,~ and C-6; (d) Multiple thoracic distress; (e) Contusions and pain to his left shoulder; (f) Contusions and pain to his trapezius (g) Left arm pain: (h) Numbness of the third, fourth and fifth fingers on the right hand; (i) Upper back and neck pain; OJ Baek muscle spasms; (k) Headaches and dizzi",'ss; (I) Mechanical musculoligamentous flexion/extension injury; and (m) The accident also caused or aggravated the following conditions: (I) degencrative anatomical conditions; (2) degenerative focal subligmentous disc degeneration and/or spur; (3) degenerative disc disease and bony spondylosis at C.S and C-6; IIId (4) carpaltunncl syndrome, II. As a furtller result of Defendant's negligent and careless conduct. Plaintiff.UItIiDod ' the following damages as a result of these injuries: (3) He has endured and will continue to endure areal pain, IUfferint, inconYCDilace, embarrassment, mental anguish and emotional trauma; (b) He has been and will be required toexpcnd larae .UII1I of money fot....... treatment and care, medical supplies, rehabilitation and therapeutic II' t r' .. ' . ' other allendant services; . , . (c) His general health, strength and vitality have been impaired; " I..:"': " -A ,j, IN THE COURT OF COMMON PLEAS OFCUMBERLANO COUNTY, PENNSYLVANIA CIVIL DIVISION ANTHONYJ.GAROFOLO.ud MARTHA A. GAROFOLO, his wife Plaintiffs No.: vs, WILLIAM M. SPIKER Defendant. VERIFICATION I, Anthony J. Garofolo, verify that thc facts set forth in this Complalnl in Civil Action lIR true and eorr"t 10 the best of my knowledllC. information and belief. I undomand that &Iso statements hcrein are RUldc subject to the penalties of 18 Pa.C.S. Section 4904, relatlna 10 UIIIWOl'II falsification to authorities, " ,; Date: ,:I'). - 'J (. '~ JCj-~ A;;tbonyJ.Ou loCI ' .,....' Plaintiff " , , , , ,I ....... , - IN THE COURT OF COMMON PLEAS OF CUMIU:lU.MD CUUNlY, PENNSYLVANIA CIVil DIVISION ANTHONYJ.OAROFOlO,~d MARTIL\ A, GAROFOLO, his wife Plaintiffs No,: vs. WILLIAM M. SPIKER Defendant. VERIFICATION I, Martha A. Garofolo. verify that the facts set forth in this Complaint in t:ivil Action arc true ~d correct to the best of my knowledge. infonnation and belief I understand that falso statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relatina to unsworn falsil1cation to authorities, Date: 1../-;) J - 7(, , Martha A. Carotr 0 PlalntitT , ,. J ,;' '01" , ., .' , ' , ' , , , ',') ~ , . , I 1 ,,' 1 " r .. ie: I , 7> t '.} ~ It. I':t. 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(,(~ff '",1 '1.11 I:,"~ tl,.~ r-w.~~_, I1f-t;" _"';".L~'_' I , , ,,' ", I,; \, ",j ", , ,I" \', ,I I') !" ,"I ~ ~ I.l.I Z '" Cl 0 - ~ ;;; ~ I.l.I ,.. ~ :5' "' < < "' i 'n rj ~ 0( ~ ~ <:EI !;; :< ~ "' ;:l ~ ~ '" ,:; :~ " I.l.I '/. " '/. < . Q ';l. .; . IJ x "' ;: !: Z ~ ~ .. ,. 0 0 " ~ ~ '1 ~ '" . '-' f- .. '" >< 01 t- '" ~ i r"If> ...; .,...,. ..."..... .-- -. it; VI '- .11, c, I:~: ~J(." ci~ i ) ,", ?; . ~ 1':.1 ". ~ ()~ ' I"'; .i ~~, N ..,1 ...~. ..';} eo,',- j; IJ ~ ~ * -' ".'i.}.. ."J , ~ \0 ej C) ',,) . . , ~ ~ ~ uJ g Z .;, Cl 0 - ~ ~ ~ uJ f- i3 " " < . ~ z '0 N ~ ~ ~ ~ ~ .. . ~ E "' ~ I ~ ~ " uJ :z 8 z ~; \J .- Z I'. W ~ ~ "' - it Z 0. ~ 0 ~ ~ ~. u uJ ~ i3 " '" f- .. ~ X " ~ .- < J: , .' I', .. . I. ~ ANTHONY J. GAROFOLO and MARTHA A. GAROFOLO, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2180 CIVIL TERM 1\ I I i,: 'I v. WILLIAM M. SPIKER, Defendant CIVIL ACTION - LAW I ' 1,1 ! JURY TRIAL DEMANDED ,'I, NOTICB TO PLBAD " '\ TO: Anthony J. Garofolo and Martha A. Garofolo, his wife c/o Barry J. Palkovitz, Esquire Versailles Professional Plaza 4304 Walnut Street, suite 10 McKeesport, PA 15132 ,I , " 'n YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment will be entered against you. I,i ,f'. i'I,I, Respectfully submitted, WIX, WENGER & WEIDNER DATE: ::r1.\M.9_1,;;J, l~ BY: Q~. 'wix, ~s~~e~ 101 07274 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 'I j., averments of Paragraph 5. Therefore, each and every averment of Paragraph 5 is speclfically denied and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 6. Therefore, each and every averment of Paragraph 6 is specifically denied and strict proof thereof is demanded at the time of trial. 7. Admitted. 8. Admitted in part and denied in part. Admitted that as Defendant Spiker approached the intersection of 24th street, he failed to stop his vehicle and struck the rear end of another vehicle stopped at that intersection. After reasonable investigation, Defendant is without sufficient knowledge to forma belief as to the truth of the remaining averments of Par'aguph 8., Therefore, the remaining averments of Paragraph 8 are specifically denied and strict proof thereof is demanded at the time of trial. 9. The averments of Paragraph 9 constitute a conclusion of law t.o which no response is required. 'ro the extent th.~ . response is deemed required, each and every averment of Par.~.pb 9 is specifically denied and strict proof thereof is de..nd~ ,t, the time of trial. 10. After reasonable investigation, Defendant ls without 2 I I, I' I 1,:1 I' i I 1'1 .f I I 'j ., ;.':i'" ,I) " -' sufficient knowledge to fOI'm a belief as to the truth of the averments of Paragraph 10. Therefore, each and every averment of Paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 11. Therefore, each and every averment of Paragraph 11 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, William M. spiker, respectfully requests Your Honorable Court to dismiss the Plaintiffs' Complaint with prejudice. 12. Paragraphs 1 through 11 of the Defendant's Answer With New Matter are incorporat'.ed herein by reference. 13. Aft.er reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of ~. averments of Paragraph 13. Therefore, each and every .ve~nt of Paragraph 13 is specifically denied and strict proof thereof 1. demanded at the time of trial. 14. After reasonable investigation, Defendant is witbout' sufficient knowledge to form a belief as to the truth of the averments of Paragraph 14. Therefore, each and every ave~nt of Paragraph 14 is specifically denied and strict proof thereot 1. 3 ..- , I; . i caaTIrICAT. or ...VIel , , , t 'I AND NOW, this I~H. day of ::::T1V)'--'L- , 1996, I, Richard H. Will, Esquire, of the firm of Wix, Wenger , Weidner, hereby certify that I have served a copy of Defendant's Answer With New Matter to plaintiffs' Complaint on this date, by depositing a copy of the same in the United states mail, postage prepaid, in Harri.burg, pennsylvania addressed as follows: Barry J. Palkovitz, Esquire PALKOVITZ, STEINBERG Versailles Professional Plaza 4304 Walnut Street, suite 10 McKeesport, PA 15132 WIX, WENGER , WEIDNER By: ," 4705 Duke Street Harrisburg, PA 17109-3099 (717 )652-8455 , ., I';';:; " ,., \' 0711, IN THE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY. PENNSYLVANIA C1VIl.l>IVISION ,l.AW ANTHONY J. GAROfOLO and MARTHA A. GAROfOl.O, his vviti.: No \){),2IKO Plaintiffs REPLY TO NEW MATTER vs. WILLIAM M SPIKER O.;fendnnl filed on behalf of: ANTHONY J. GAROfOLO and MARTHA A. GAROFOLO Plaintiffs " Counsd of R.;cord for this Party Barry J. Palkovitz. Esquire PA 10 #44375 PALKOVITZ STEINBERG p, O. Bo,x 120 M.;Keesport. PA 15135 (412) ?5I,IOOO ., IN THE COURT OF COMMON Pl.EAS OF CUMBERl.AND COUNTY, PENNSYl.VANIA CIVil. DIVISION, l.AW ANTHONY J. GAROFOl.O nnd MARTHA A. GAROFOLO. IllS \\Ife Plaintifl's No 96,21 KO VI. WILLIAM M, SPIKER Dgfendant REP.. Y TO NEW MATTER AND NOW eome your Plnllllltl's ANTHONY J, GAROFOLO and MARTHA GAROFOl.O. his wife. by and Ihrough Iheir atlorne~s Palkovill Steinberg and tile lhis Reply 10 Ne\\ Maller Slating the following: 16. Denied The Plaintitl' has clected the full tort option pursuanlto Ihe Pennsylvania MOlor Vehicle Financial Responsibilily Aet and is not barred from recovering non-pecullIary damages, Slriel proof of Dcfendant"s avcrmel1[S are reqlllred at tlllle oftnal 17. Denied II is specifleall~ dellled thai the PlallllitTs claims for medical expenses and wage i I 1/ 'I I ,,' loss are barred pursuant to Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Aet. Strict proof of same is reqllired at lime of tnnl. WHEREFORE. the Plaintifr respectfully requests that judgmenl be entered on behalf of the It I Plaintiffs and against the Defendant with prejudice, RespectfulI} submilled. PALKOYITZ STEI~~~ I .' I 1 I " ,,~ I .I ,I I BYB~rf) ;. ~~;koi;lt. 'ESdLc ",tomey (or Plaintiffs' \ I : 'i ,\ ~ II ~t 1,1 'ii, I IJ ('I '. ~) ("J , \) . " ~rl 'fro: r';, '1 ~ _ ~ 1 .....,') ;:J ,_;i , , , ,'I r:l II) ; 'I ., ,,'."., ';:..! t.. ~I 111 ....~ '-',-) " .n ..~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ('(VIL DIVISION, LAW ANTHONY J, GAROfOLO and MARTHA A, GAROFOLO. his wife PlaintilTs No, 96,21 NO VI. WILLIAM M, SPIKER Defendnnt CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Plainlitl's' Reply to New Matter wal forwarded to the following counsel of rec(,rd on tlus l'Jth day of July. 1996. by First,Class U, S, Mail. postage prepaid: Richard H Wix. Esquire Wix, Weinger & Weidner 470S Duke Street Harrisburg. P A 17 IOl),3099 ,\ \1 '! ::'f i,' ~ "- IN THE COURT OF COMMON PLEAS OF CUMBERLAND rOUNTY.I'F.NNSYLVANIA ('IVIl. DIVISION ANTHONY J. GAROFOLO. and MARTtIA A GAROFOL.O. his lIiti: No 'J('.2IXO CIVIL TERM Plaintiffs vs. PRAECIPE TO SETTLE. SATISFY AND DISCONTINlJE WilLIAM M SPIKER Defendant '" Filed on bdmlf of: ANTHONY J. GAROFOL.O and MARTHA A. GAROFOLO. his wife Plaintiffs COllnsel of Record for lhis Party: Barry J. Pnlkovilz. Esqnire PA I.D. #44375 PAL.KOVITZ STEINBERG P O. Bo~ 120 McKeesporl. PA 15135 (412) 751.IOIlO ., . " " " "i ., "'~ I I," ~ j'{ h ~I A ,~ 'e.' " 'J) r, _J " , -ry .,. "f' '1 ~,' 'J 'i' . 'J , , I 1(,. r \~) " . , , '::\ :.~ .l-) '1. )1\'1 .. , -, ,.1 ,~ ..~ ~ 1 ~ Y. ; , I I t' , I I; . . , . I ' ~ ~ . I:,