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COUNT I. JANE PENNEY VS. JOSEPH P. SANDER a.k.a JOSEPH
R. SANDER AND MERCEDES BENZ CREDIT CORPORATION
4. plaintiff, JANE PENNEV, incorporates
paragraphs 1 through 3 above as fully as though the same
were hereinafter eet forth in length.
5. On or about october 10, 1995 plaintiff, JANE
PENNEY, was operating her employer's cab northbound on 32nd
and Market streets, Township of camp Hill, Cumberland
county, Commonliealth of Pennsylvania, when suddenly and
without warning the motor vehicle owned by Defendant,
MERCEDES BENZ CREDIT CORPORATION, and operated by Defendant,
JOSEPH P. SANDER a.k.a JOSEPH R. SANDER, violently rear-
ended Plaintiff's motor vehicle while it was stopped for a
red light causing serious and permanent injuries to
Plaintiff hereinafter referred to.
6. solely as a result of the aforesaid accident,
Plaintiff suffered serious physical injuries, including
without limitation, cervical, thoracic, lumbar sprain, left
shoulder sprain and strain, myofascial pain syndrome
involving the right upper fibrotrapezius, left wrist strain
and sprain, all of which may be permanent in nature, cause
permanent disfigurement and/or loss of use of a bodily
function.
7. Further, Plaintiff incurred a severe shock to
her nerves and nervous system, great physical pain and
mental anguish and was prevented from attending to her usual
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duties, activities, and avocations all of which may continue
for an indefinite time in the near future.
8. This action resulted solely from the
negligence and recklessness of the Defendants herein and was
due in no manner whatsoever to any act or failure to act on
the part of the Plaintiff.
9. The negligence and recklessness of the
Defendants consisted of the following:
a. Failure to properly operate and control
their motor vehicle;
b. Driving at an excessive rate of speed
under the circumstances;
c. Failure to keep a proper lookout;
d. Failure to regard the point and position
of the plaintiff's motor vehicle then and
there being lawfully operated upon said
highway;
e. Failure to keep constant vigilance of the
road, traffic, weather, and road
conditions;
f. violation of the statutes of the
commonwealth of Pennsylvania, as well as
the ordinances of cumberland county
governing the operations of motor
vehicles on the streets and highways;
g. Failure to use due care under the
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circumstances;
h. Negligence and recklessness at law.
10. As a result of this accident, Plaintiff will
be obliged to receive and undergo medical attention and care
and to expend various sums of money or to incur various
expenses and she may be obliged to continue to expend such
, sums and to incur such expenditures for an indefinite period
of time in the future.
11. As a further result of this accident,
Plaintiff has or may suffer a severe loss of her earnings,
and impairment of her earning capacity or power, which such
loss of income and/or impairment of her earning capacity or
power.
12. As a further result of this accident,
Plaintiff has suffered severe physical pain, mental anguish,
and humiliation and she may continue to suffer same for an
indefinite time in the future.
13. As a direct and reasonable result of this
accident aforementioned, Plaintiff has or may hereafter
incur other financial expenses or losses which do or may
exceed amount which she may otherwise be entitled to
recover.
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Jane Penney v. Defendants
4. The answers to Paragraphs 1 through 3 above are incorporated herein by
reforence thereto.
5. Denied as stated. It is admitted that tha vehicle operated by Joseph
Sander and owned by Mercedes-Benz Credit Corporation struck the rear of Plaintiff's
motor vehicle while it was stopped at the location alleged. It is denied that the
collision was "violent". As to the balance of the allegations of this paragraph, after
reasonable investigation, Defendant is without knowledge or information sufficient to
form a belief as to the truth af these allegations and proof thereof is demanded.
6.-7. Denied. After reasonable investigation. Defendant Is without knowledge
or Information sufficient to form a belief as to the truth of these allegations and proof
thereof is demanded.
8,-9. These allegations are denied pursuant to Pa. R.C.P. 1029. However. in
further answer. Answering Defendant admits negligence in connection with the
happening of this accident.
10.-13. Denied. After reasonable Investigation. Defendant is without
knowledge or information sufficient to form a belief as to the truth of these allegations
and proof thereof is demanded.
WHEREFORE. Answering Defendant admits negligence on his part.
NEW MATTER
14. Plaintiff's claims are subject to the provisions of the Pennsylvania
Financial Responsibility Act, the limitations of which are incorporated herein by
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