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Home My WebLink About00-00271 I JOHN A. MARSH, and PAMELA MARSH, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. . NO. dCW _,;271 - kJ MARY C. MAY, Defendant. CIVIL ACTION - LAW 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 notice for any money claimed in the Complaint or for any other 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 - - ~ 44>",", JOHN A. MARSH, and PAMELA MARSH, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. NO. ~rnro - :27( ~ I~ MARYC.MAY, Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COME, Plaintiffs, John A. Marsh and Pamela Marsh, husband and wife, by and through their attorneys, TOMASKO & KORANDA, P.C., and files the following Complaint against Defendant, Mary C. May, averring: Parties I. Plaintiffs, John A. Marsh and Pamela Marsh, are each adult individuals residing at 451 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. At all times relevant hereto, Plaintiffs were married to one another and are husband and wife. 2. Defendant, Mary C. May, is an adult individual residing at 250 Smith Road, Shippensburg, Cumberland County, Pennsylvania. Venue and Jurisdiction 3. Venue in this district is proper pursuant to Rule 1006 of the Pennsylvania Rules of Civil Procedure. 4. The monetary damages claimed by Plaintiffs in the instant action exceed the jurisdictional limit for compulsory arbitration pursuant to the Local Rules of this Court. . ""r. Facts 5. On March 5, 1998, at or around 11 :20 a.m., Plaintiff, John A. Marsh, was operating a 1983 Volkswagen Jetta automobile in a eastbound direction on State Route 174, at or near its intersection with Smith Road, in Penn Township, Cumberland County, Pennsylvania. 6. On the above date and time, Defendant, Mary C. May, was operating a 1983 Chevrolet Caprice automobile in a southbound direction on Smith Road, at or near its intersection with State Route 174, in Penn Township, Cumberland County, Pennsylvania. 7. At all times relevant hereto, motor vehicle traffic on Smith Road at its intersection with State Route 174 was controlled by a single stop sign. 8. As the parties were proceeding in the manner described above, the motor vehicle operated by Plaintiff, John A. Marsh, was suddenly and unexpectedly struck in the front right side by the motor vehicle operated by Defendant, Mary C. May, causing the injuries and damages set forth below. Count I: Nel!:lil!:ence Plaintiff, John A. Marsh vs. Defendant, Mary C. May 9. The aforementioned collision occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Mary C. May, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, John A. Marsh. 10. The negligence, recklessness and carelessness of Defendant, Mary C. May, consisted of the following: (a) Operating a motor vehicle in careless disregard for the safety of persons and property of others in violation of75 Pa. C.S.A. ~ 3714; -2- (b) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.SA S 3736(a); (c) Operating a motor vehicle without regard to traffic control signals in violation of75 Pa. C.SA S 3111 (a); (d) Operating a motor vehicle at an unsafe speed in violation of75 Pa. C.S.A. S 3361; (e) Failing to yield the right-of-way to another vehicle in violation of 75 Pa. C.SA SS 3323(b) and 3324; (f) Failing to stop at a clearly marked stop sign in violation of75 Pa. C.SA S 3323(a) and (b); (g) Failing to keep a proper lookout for motor vehicles before crossing an intersection; and (h) Failing to operate a motor vehicle in such a manner as to avoid causing a collision. 11. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Mary C. May, Plaintiff, Jolm A. Marsh, suffered the following injuries, some or all of which may be permanent: (a) Cervical strain/sprain with left upper extremity pain and limited range of motion; (b) Aggravation of preexisting degenerative arthritis of the cervical spine; and (c) Chest wall contusions. 12. As a direct and proximate result ofthe negligence, carelessness and recklessness of Defendant, Mary C. May, Plaintiff, Jolm A. Marsh, has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. 13. As a direct and proximate result of the negligence, recklessness and carelessness of the Defendant, Mary C. May, Plaintiff, Jolm A. Marsh, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 14. As a direct and proximate result of the negligence, recklessness and carelessness -3- - - [', of the Defendant, Mary C. May, Plaintiff, John A. Marsh, has in the past been and may in the future be disabled from performing his usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. WHEREFORE, Plaintiff, John A. Marsh, demands darnages of Defendant, Mary C. May, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count I: Loss of Consortium Plaintiff, Pamela Marsh vs. Defendant, Mary C. May 15. Each and every preceding paragraph is incorporated herein by reference as if fully set forth at length. 16. As a direct and proximate result ofthe above-described negligence, recklessness and carelessness of Defendant, Mary C. May, Plaintiff, Pamela Marsh, has in the past been and may in the future be denied the consortium and services of her husband, Plaintiff, John A. Marsh, for which a claim is hereby made. WHEREFORE, Plaintiff, Pamela Marsh, demands damages of Defendant, Mary C. May, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. -4- d _, ~., Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, P A 1710 1 Telephone: (717) 238-1100 By: ~~d MICHAEL A. KORAND PA 1D #58808 -5- - __I -~ " 1-'_ VERIFICATION I verifY that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: /-7- 00 DATED: /-7-00 ~~Jd 1YIO^~ PAMELA MARSH 'llJll;!~J.111 "UO;! ];l~JJ(J;! pUll ~nJlll Jq nl p3ri!U3) 0619-SfZ (LId :xVd OOII'SfZ (Lid :3NOlld313.L lOlL I VINVA1ASNN3d 'O.08S1..vH .L3a.J.S a~v~s 61Z '3'd 'V<INVlIO)l 'il o:lISVWO,L SiDlddO M 1'7 ::c ,.., --l ,. 0 " is: "' " .,.,:;; ;;; > ,. ." to '" ?': :I: C N :>1 " ~ 0 Cl ",0 r- ~Z :"VlRo "- --1m '" ~ .. "' ,; --I~ Z " ~ a ~ --I ." N~ t5 m 0 ~ w;::J -< Vl s:: " 'fN r- ,; '" < " o,w ,. "' z '" ~oo Z "l t::l '" ' ;; "":t- o::: ~ 0 --I :-= 0 ~ 0 0 ~ l~ ~ ~ 90 w Lv -V ~ ~~ ~ ~ ~ \J \, \j \ ~\ '\ ' . , ~ ~ . (') C ".. ~tr1 _......ri: Z" ::0 -c (J'.JL~: ~::f~ <:\.J ~o >Q c z :< '- '- "'\;) ~ o <:;) o -h "._, ~-r':: n1'::D i~~ :38 ~~~ art? ?fJ -< ~- J::'.. ;;e w -u :x ~ r::- -.J ~- '.; ",- .{ -.. --, ''''''<n.' .0 - , ' '~ " .- ."., -" "1._- JOHNA. MARSH, and PAMELA MARSH, h/w PLAINTIFFS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-271 : CIVIL ACTION - AT LAW MARY C. MAY, DEFENDANT : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Mary C. May, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER Date: 01/27/00 BY~ Matt ew R. Gover, Esquire Attorney 1.0. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 .~ .,. ~, 'w _~'_____' ,-,-",--, - . -.~-+""~---~ ~ - ~_,;__ 1-- : , CERTIFICATE OF SERVICE AND NOW, this 2ih day of January, 2000, I hereby certify that J have served the foregoing Praecipe on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 ]l~~)aF Matthew R. Gover Esquire ALl-STATE LEGAL. A DIVISION OF ALL-8T-!\.TE"' INTeRNATIONAL. INCo FORM NO.: ,07162-BF. 07163-BL' 07156.GY. 07166-WH , , . I . > " . " W U> Q > Z CD 3: , c > ~ " P1 " 0 !il " )> " -I " :u '" 0 " r 1J -I m '" <:) :u m 0 z U> Z 0 Z z CD -I r'1 z !II 0 " I > -< X '" ~ r ~ < ill '4 8 (i) > Ol , ~ z U> ~ 0 ;; <D r ;;j i! ~ g < . '~ P1 6 ~ o ;0 . CD 0 z 0 0 CD " Ol U> . . . . C) (:J -." o i~ ~c.; .,t; - :z. (.) ...m.(! Pc ~ -~ :~''l C~) ! -,--.. ::i: -_01 f--Tl C) _(~ ~:if~ j;:o~~~ 5j :JJ .< ':'0 \0 ~ ~ I SHERIFF'S RETURN - REGULAR CASE NO: 2000-00271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARSH JOHN A ET AL VS MAY MARY C DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MAY MARY C the DEFENDANT , at 0013:46 HOURS, on the 18th day of January 2000 at 250 SMITH ROAD SHIPPENSBURG, PA 17257 by handing to MARY C. MAY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.44 .00 10.00 .00 35.44 ~~~.~ R. Thomas Kline 01/19/2000 TOMASKO & KORANDA Sworn and Subscribed to before By: ~(\lkT().~' ~ ~~6 Deputy Serif me this ,;z .,J day of , LL.. "'1, ,) IJ<51J A. D. q.'(._a ~/~ P othonotary , :---,";,'--""'" ."'-';-< JOHN A. MARSH, and PAMELA MARSH, h/w PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-271 CIVIL ACTION. AT LAW MARYC. MAY, DEFENDANT : JURY TRIAL DEMANDED ANSWER AND NOW, comes the Defendant, Mary C. May, by and through her attorneys, NEALON & GOVER, P.C., and files the following Answer: 1. -2. Admitted. 3.-4. Paragraphs 3 through 4 are conclusions of law to which no responsive pleading is required. 5. Admitted in part and denied in part. The Defendant was traveling westbound. 6. Admitted in part and denied in part. The Defendant's vehicle was a Chevrolet Cavalier. 7. Admitted. 8. Denied pursuant to Pa.R.Civ.P. 1029(e). COUNT I - NEGLIGENCE JOHN A. MARSH V. MARY C. MAY 9. -10. Denied pursuant to Pa.R.Civ.P. 1029(e). 11.-14. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters asserted and proof is demanded at trial. By way of further response, the averments are denied pursuant to Pa.R.Civ.P, 1029(e). WHEREFORE, Mary C. May, respectfully request that the Complaint be dismissed with costs of this action. COUNT (I LOSS OF CONSORTIUM PAMELA MARSH V. MARY C. MAY 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein by reference thereto. 16. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial. WHEREFORE, Mary C. May, respectfully request that the Complaint be dismissed with costs of this action. Respectfully submitted, NEALON & GOVER Date: 02/08/00 By: JW~ ~ Matthew R. Gover, Esquire Attorney I.D. #47593 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 .'""0"". ,..,J.-,.-,_O/',' ""--<'-~';-'c'<.,,,,'" o'_',,:.c,;,:_" ':i . '~;" ,,_~ ,-, 'o-J:' ~ ' ,_ VERIFICATION I, MARY C. MAY, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA 4904 relating to unsworn falsification to authorities. oc,~c-;'" ,,; _."' "0_' ,__' >~ ..~_" I, "" ,-J--.', " _\ '-~ ,~ "<-"_'-.-, ',,'-h ~","- '~, -- ,-, - , ,.'.",,", "",c;."_"j;,d _';~I., '"', oC"_'" ' __ ,'-c'" CERTIFICATE OF SERVICE AND NOW, this 8th day of February, 2000, I hereby certify that I have served the foregoing Answer on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 J1!1aTU]4,-., Matthew R. Gover Esquire J JOHN A. MARSH, and PAMELA MARSH, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. NO. 2000-271 MARY C. MAY, Defendant. CIVIL ACTION - LAW JURY TRlAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended with prejudice. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: ~~~/ MICHAEL A. KORANDA PAID #58808 Attorney for Plaintiffs Dated: /-3- 01 :... 06l9-8(Z (LlO :xvtI 00 !l-8(Z (L to :3NOlld313.L LOlL I VINV^"ASNN3d 'DMnasIMMvH .L33MLS 3.LVLS 6 I Z ';)'d 'VGNVlIO)l1f1 O:llSVJ\lO.L S:J:Jfd.1OMV1 . .p~O:!~J.lO lido:! 1:l~JJO:J pur. an!l e aq 01 p:l!]!U:l;) ;' ...... ,:-J :c '"'l ..., > 0 '" a:: m '" "1:;; v; l> > ~ '" ell ~ :l: C N ~ 0 '" - 0 .a '" " ~Z " ...,m "0 I/l p,o 0:;; -" ;! ...,~ m ~ a ~..., z '"' ." N- Z m "' '" 0 "'.;:) ""' I/l ~ <"l ~ 9"N ~ ,; [;; "'''' m Z - 00 z m Cl '" ' ;; .., :t- o- - - 0 ..., :-= 0 - 0 ~ - (") r ~;;;: "TJf1"; 016': ~~. .~, ., Sc-~- ~>:2 ~; ~ c C) -'1 L )';]" n< ......' V :::t~ ":? :::;) \0 ,"". II':