HomeMy WebLinkAbout96-04862
STlI'ULATION ACjAINST LmNS
AM!
W AIVEI{ OF L1ENIj
HOME ASSOCIATION OF THE WILLIAM
H. NAUSS AMERICAN LEGION POST,
NEW CUMBERLAND, PENNSYLVANIA
Owner
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COLJNTY,I>A
versus
: Number 1~,'- 'I~~?nn'it~/>
LOBAR ASSOCIATES, INC.,
Contractor
WHEREAS, Home Association of the William H. Nauss American I.egiol\ Post, New
Cumberland, Pennsylvania, II Pennsylvania nonproflt corporation with Its principal ol11ces situate
206 Third Street, New Cumberland. Pennsylvllnla 17070 (herelnllfter referred to us "Owner"), is
the Owner of that certain hercinatler described lot of Illnd or pllrcel of relll estllte; IlIId
WHEREAS, contemporaneously herewith the Owner hils executed a contract with Lobllr
Associ lites, Inc.. a Pennsylvania corporation with its principal offices situate 4 Barlo Circle.
DiIlsburg, Pennsylvllnill 17019 (hereinafter referred to liS the "Contractor"), for the provision by the
Conlmctor of conSlnlction services, materials and suppl ies tor the construction and erection of a new
American Legion Post building and facility containing Ilpproximately 5.300 square feet with
adjucent parking areas. accessory structures and other improvements ali upon alot of land or parcel
of real estate owned by the Owner, specit1cally described as follows, to wit:
ALl. THAT CERTAIN piece or parcel ofland situate In the Borough of New Cumberllllld,
Cwnberland County,llIId Commonwealth ofPcnnsylvanla. morc particularly bounded and described
as follows:
BEGINNING at a point on the western side of Market Street. said point beln!! 50 feet
measured in a southeasterly direction from the comer of Second Alley and Market Street; thence
along the western line of Market Street South 61 degrees 0 minutes 0 seconds casta dbtllllce of
141.48 feet to a point on the northern line of property known and numbered as 202 Market Street:
thence along the same South 29 degrees 0 minutes 0 second~ West 108 tcetto a point; thence South
61 del!J'Ces 0 minutes 0 seconds East 60 lcetto a point on the northern line of Second Strcet; thence
along the same South 29 degrees 0 minutes () seconds West a distllllce of 66 feet to a point on the
eastern line of Maple Alley; thence along the same North 6'l degrees 0 minutes 0 seconds West a
distance of 201.48 teet to a point on the SOUl hem line of property known and numbered us 218
Market Street; thence alon!! the same North 29 degrees 0 minutes 0 seconds East a dlstllllce of 150
feet to a point on the western line of Market Street. the point and place of BEGINNING,
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4. On January 31, 1995, at or about 5100 o'olock p.m.,
, Plaintiff Peggy Miller was operatinq a 1981 Ford Futura westbound
on S.R. 0465, locally known as Walnut Bottom Road in South
Middleton Township.
5. Plaintiff Peggy Miller was stopped in traffio, waiting
behind the vehiole in front of her, whioh was attempting to make
a left-hand turn into a private driveway.
6. At the foregoing time and place, Defendant Wilma Clippinger
was traveling to the rear of the Plaintiff in a 1989 Dodge Dakota
truok. She failed to stop and crashed into the rear of the
vehicle operated by Plaintiff Peggy Miller.
7. The rear end collision resulted solely from the negligence,
carelessness, and recklessness of the Defendant Wilma Clippinger
herein and was due in no part or manner whatsoever to any act or
failure to act on the part of Plaintiff Peggy Miller.
B. As a result of this rear end collision, Plaintiff Peggy
Miller has suffered serious injuries which have caused a serious
impairment of bodily function and lifestyle. These injuries
include but are not limited to cervical myofacial strainl
myofacial syndrome I rotator cuff injurYI and psychiatric injury
requiring in-hospital therapy as well as aggravation of pre-
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CI.TI'ICATI O. .IRVIQI
AND NOW, this 21$t day ot January, 1997, I, Bethany A. Ring,
tor DIVEGLIA & KAYLOR, P,C'/ hereby certity that a copy ot the
toregoing Co.plaint was served by tirst class mail, postage prew
paid and addressed to the following I
Richard H. Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke street
Harrisburg, PA 17109-3099
DIVEGLIA & KAYLOR, P.C.
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