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Home My WebLink About00-02464 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 <- r,_"_ ~-"""'"" 'h'" .>. ." _~. -o_,-""",',,"~S''''~~^''.'~_'<_''''''..,,"--,_c. ~-'~ ,_;< .__'_.__";~ NORMA O. FRAME, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. a4lPlf_ CIVIL 2000 v. DENNIS S. HOCKENSMITH Defendant NOTICE TO DEFEND 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 jf 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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~ .- --II LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 . . -~. ,'- .-'c~,-,- ", ,. ~'o -- ,-,--,. '-'~"'- ;-- ,.-,~-.,- -" , _- ~.d";,"-'._~__" -J,,,,,,V"~","'_' ,-,-" ,~~__" ,...-,'-'--;'~h",~- ,__ .', .,~>;,~ NORMA O. FRAME, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DENNIS S. HOCKENSMITH, Defendant CIVIL ACTION NO.4998 'J.I/{p</- ~~ODO : JURY TRIAL DEMANDED COMPLAINT 1, Plaintiff is Norma O. Frame, an adult individual residing at 547 F. cul.sl.. Street, Pennsylvania. 2. Defendant is Dennis S. Hockensmith, an adult individual residing at 1601 Walnut Bottom Road, Newville, Pennsylvania. 3. On or about December 16, 1997 at or about 1 :00 P.M., prevailing time, Plaintiff was the owner and operator of a 1997 Ford Tauras Sedan registration number PS15327 and the Defendant was the owner operator of a 1991 Dodge Sedan registration number AMZ3081. 4. On the above date and time, Plaintiff was operating her vehicle in a southerly direction on Interstate 81 in the Borough of Carlisle, Cumberland County, Pennsylvania and the Defendant was operating his vehicle in a southerly direction on Interstate 81 in the ,>.,-," LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 .., - ".. ,-, . ,~"~", ,'- _'_~:,.<",,)-~",;,,' .'-:'"""- c,'. -,'., ,,',;, ""',ecW ~ .~-,',~o.~~ ",h;'.; "_' ,,~--,.,,-; '_~w;,~ ," '~__ :_~,_<"~:c;"';~ Borough of Carlisle, Cumberland County, Pennsylvania immediately behind the Plaintiff. 5, On the above date and time, the Plaintiff and Defendant both exited Interstate 81 at exit 13, also known as the College Street exit or Walnut Bottom Road with the Plaintiff preceding the Defendant on the ramp. 6. On the above date and time, Plaintiff came to a stop sign at the end of the ramp and stopped before turning left on the Walnut Bottom Road. 7. Plaintiff stopped at the stop sign, then proceeded to turn left on Walnut Bottom Road. She stopped again at the median strip to allow a vehicle traveling west on Walnut Bottom Road to pass when the Defendant struck the rear of her vehicle. 8. The direct and proximate cause of the collision was the Defendant's negligence, carelessness and/or recklessness as follows: a. Failing to exercise reasonable care in the operation of a motor vehicle; b. Failing to maintain a safe distance behind a vehicle ahead in violation of ~3310(a) of the Vehicle Code. c. Failing to maintain a proper lookout for other vehicles lawfully using the road; d. Failing to maintain proper control over his vehicle; 2 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 -,-,. ."', <- -'.',,+'," ., O"'--"'-\.C.~",.' ". '''".~' ,;, ," ~~;_,'<-~ "I 0'';;'''0 '-,-./,'-'0 ,,-..;: -"'+".;~~";';- ~, -c.' _ ~ -- ''''f".-,"." e. Failing to operate his vehicle at a speed which would allow him to stop within the assured clear distance ahead in violation of 93361 of the Vehicle Code; f. Failing to operate his vehicle at a reasonable and prudent speed under the existing conditions in violation of ~3361 of the Vehicle Code; g. Failing to warn the Plaintiff of an impending collision; h. Failing to avoid a collision with the Plaintiff; and i. Otherwise failing to operate his vehicle in such a manner as to avoid colliding with another vehicle in that Defendant should have been aware of the flow of traffic, should have seen Plaintiff stop at the median in front of him and should have been able to avoid a collision, 9. Defendant's negligence, recklessness and/or carelessness was the proximate cause of the collision and caused serious and permanent bodily damage to the Plaintiff in the form of severe whiplash and neck injuries which caused and will continue to cause pain and suffering, the need for physical therapy and pain medication and significant restriction in her ability to do daily activities and enjoy her life. In addition to the cervical strain/sprain, the Plaintiff has suffered pain radiating down her arms and a left carpal tunnel syndrome. 3 ~'--; -,-,,-,<' ~'-- ~- II" LAW OFFICES OF STEPHEN J. HOGG 19S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ",,~(,,;; .-',_co,;.:."., :.:.; ';"';;;"::_~""',"_,' ,"-",.,_ - ,"-"'.- c~;~ -<,-,~--~,,,:..: -",~,:.- :<"-.~;:;;.';,)-;"',,~:_,:":~; ~__;-" '~;__1 :,;c.,,;,,;:_~_ ",~; ;;__c,' ;,.;~';.;.:.;;, ".- "'_, ;, --:; :,,' )',,1 10. Plaintiff avers that the collision and her injuries and damages therefrom were caused solely by the Defendant's negligence, recklessness and/or carelessness without any fault or negligence, recklessness and/or carelessness on the part of the Plaintiff in contributing or causing the collision. 11. Plaintiff has suffered a loss of income from her injuries described above. 12. The Plaintiff expects to have to undergo surgery to treat her injuries in the future which will cause additional pain and suffering and further limitation in her ability to do daily activities and enjoy her life. Wherefore, Plaintiff respectfully requests judgment in her favor and against Defendant in an amount in excess of the minimum threshold for bringing suit in the Court of Common Pleas. Date: #- tephen J. Hogg, Attorney for Plainti 4 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 '_ -I, ->;,~,>~_:,,~, - - ~-~;'---,,' , ,,_~, . --'- ',"J '" ,-C~.__>.; ,,-,;:. ",~-, ",;=.:;,/..;";;;;;i~'~-;";- k " ",. ~-::'~-:~~:/",::;'~::;~~, , ~' \\1 VERIFICATION I verify that the statements made in this Complaint to the Court of Common Pleas of Dauphin County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities. Date: 4/;~~ 7 / ~ ~', "'I ~',- - -.,--"," "' 'o_'=~ _" _'~ __",.;,~ " LAW OFFICES OF STEPHEN]. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 -, - .',ii -,' , "-~;-,,,,-,'.' -,--_"",'" ,,-~-~ '- - .", . -,.,i ,. '.'."';." ,;,,,:_";,;'J,:;::~_~~~_ ;:L:'" I:':'; ,';"" ." -, ,',- "";"i i ! CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Complaint by United States Mail, postage pre-paid, addressed to the following: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Date ~ im~ali!ll ,.L ", "". , ,~ ,<-",,,-- "~ ~ ~ ,--,.- - ~, .' "n -" .--~ -p e \:t- tt. ..0 +- -J r; 1J o U\ ~ fJr ~ (}1 o -a- 1 ~ y, n C1 C C"_I -r'J -- ___I j-,- --~ ", t,"- , GJ ~..c' -< S:'e' , y'> " , ' ~~ Cl /' ~~ (..,) ~ 'Cl -; : ~ ,,' c.;~ :J ~ -<. t; LAW OFFICES OF STEPHEN J. HOGG 19S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ^ ~, __ eu ~~,,~, "'--'-'__",_;'0",_ _0 ",,~ _.___,'",., ,fr.-",-",,,,~-_~_<.,,~ _",0_,_,,_ -'-'if",;",,""'"-';--''' ",,;"--i..~~,~-__ ,_ _ _ . NORMA O. FRAME, Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA DENNIS S. HOCKENSMITH, Defendant CIVIL ACTION NO. 2000-2464 : JURY TRIAL DEMANDED PLAINTIFFS ANSWER TO NEW MATTER 13. Plaintiff avers as the allegations in Paragraphs 1 through 12 inclusive from the Complaint as if fully set forth herein, 14. It is denied that the Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 15. It is denied that the Plaintiff has not sustained a serious injury as defined by Act 1990-6, 75 Pa C.SA ~1702. 16. It is specifically denied that the Plaintiff's claim for non-economic damages may be barred by Act 1990-6, 75 Pa. C,SA ~1705(b)(3)(d). It is further specifically denied that Plaintiff has elected a limited Tort option. 17. It is denied that the Plaintiff was contributorily and/or comparatively negligent. It is further denied, even if Plaintiff was i I ! i I I I I I I I I i t Ii I I i I I I I I I I , ! I I I I I I I I , I i I i I I I I i I i I I I i I I i I I I , I LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 I -",,- '" ~__ d-: '," - ;:~:-:: 'j"- - - ";,-" ~;." '~;_",/;"~-;~-1,:-~'-~-~ __;~j_~; ,i0"."::;;c-oi..-';;lil-';;-i-_; , negligent, that such negligence was the substantial factor or the sole factor in bringing about her injuries and damages. Wherefore, Plaintiff avers again her request for relief as set forth in her complaint. Respectfully Submitted, . ephen J. Hogg, Ire Attorney for Plain' 19 S. Hanover Str t, Ste. 101 Carlisle, PA 17013 (717) 245-2698 , '. ;11 , " , , "">-"-~ -.' " , , , ,'''' ",,-' .' ,." .. .. 0" " ~-" '",oL1'i'" ,.c~c .' 'N "'--.'-'-1r\,: . , LAW OFFICES OF STEPHEN]. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 VERIFICATION I verify that the statements made in this Answer to New Matter to the Court of Common Pleas of Dauphin County, Pennsylvania, are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. Section 4904, relating to unsworn falsifications to authorities, Date: ~/irl / ~'i!fd<<f NOR A O. F M ( ,,'-'~;';';";';II,,;';;v LAW OFFICES OF STEPHENJ. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 _" :t-, --.- "'.;--'-,-,'-'-'---"--'-'--':: ;'--- "-"_'_-i",-,-'j--"-_"-_*"-'~.!'~'~__.:i'k :', _::'.->-,1 "- ';j _ 'CO"" "-.--, " -," , -" ",:' -~. '.<,-j ,'''' '-, CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Answer to New Matter by United States Mail, postage pre-paid, addressed to the following: Ann Margaret Grab, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Date: 9f;/~ ephen J. Hogg, E. u' e Attorney for Plaintiff ' 19 S. Hanover Street, Suite 101 Carlisle, PA 17013 (717) 245-2698 , '^'.w;"",~... ... . ,.~.~. _ _ ,"0'" dIIfili!jlf"~'- ,,", .' ~;':_' ~- ,", -'~ - ,. ~ ~ :C'o, o C::- J:..-,) " (::1 c) ~f.: ~!'.:"" '::) -q :',) ,../;/~~ ;~;9 >;;(~ .-....1,.,. ;'-".;;jj ::.~C) (5f71 :);! :0 -< '-J ='2 SJ