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Home My WebLink About00-03789 .'-, ,',-"' -" ~,- , _,0.., ,,-,0___ ')",-", - c._'" '>;<h'':~'';' 'J"-'-'-' NATOSHA N. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3789 v. SANDRA ANDERSON and JEFFREY MYERS, : CIVa ACTION- LAW Defendants : JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiff is Natosha N. LeBlanc who resides at 424 SW Street, 3. Defendant Jeffrey Myers resides at 76 Cold Springs Road, Cumberland i: !' I Ii ~ Iii , i I ! Cumberland County, Pennsylvauia. 2. Defendant Sandra Anderson resides at 373 Mountain Road, Cumberland County, Pennsylvauia. County, Pennsylvauia. 4. On or about June 28, 1998, the Plaintiff was a passenger in a 1998 Saturn belonging to Frank Hancock and driven by his son, Brian K. Hancock. The car was traveling eastbound on Old York Road. 5. Upon approaching the intersection of Rockledge Drive, Brian Hancock observed Defendant Sandra Anderson's vehicle pulling into the intersection. 5. The Anderson vehicle was proceeding southbound on Rockledge Drive. 6. In an effort to avoid Anderson's vehicle, Brian Hancock was forced off the road, causing him to strike a telephone pole. .;.,-, = _,<h C.-,,' -c_"-' --' -;,-< '" ~1 7. Defendant Anderson claims that she could not see Brian's approaching vehicle because her view was obstructed by an improperly parked vehicle belonging to co- Defendant Jeffrey Myers. 8. This accident occurred as a result of the negligence of both Defendants and was due in no manner to any act, or failure to act, on the part ofthe Plaintiff. 9. As a result of the above-described occurrence, Plaintiff sustained serious and permanent injuries in and about her body, including, but not limited to, a fractured femur. 10. Also as a result of Defendants' negligence, Plaintiff incurred medical bills and expenses, loss of her earnings, impairment of her earning capacity, physical pain and suffering, mental anguish and a limitation in her pursuit of daily activities, all to her great loss and detriment. COUNT I-NEGLIGENCE OF DEFENDANT ANDERSON II. Averments 1 through 10 are incorporated herein as thought they were set forth at length. 12. The negligence, carelessness, and recklessness of Sandra Anderson consisted ofthe following: (a) Failing to operate her vehicle in a safe manner; (b) Failure to act with regard to the point and position of Plaintiffs vehicle; (c) Operating her vehicle with a careless disregard for the safety of the Plaintiff; ~'.," -'-'."_"0.,'-,-_.'" : .' ~"ri~ i ..~". - " - ",'-,;;;-,,> - w (d) Failing to maintain proper lookout; (e) Failing to warn that she was proceeding blindly into the intersection; (f) Operating her vehicle too fast for the conditions then and there existing; (g) Failing to yield the right of way to Plaintiffs vehicle in violation of75 Pa. C.S. 93323(b); (h) Failing to exercise due care under the circumstances; and (i) Violation of the Motor Vehicle Statutes of the Commonwealth of Pennsylvania, including, but not limited to, 75 Pa. C.S. 93714. WHEREFORE, for all the foregoing reasons, Plaintiff, demands judgment against Defendant Anderson for a sum in excess of twenty-five thousand dollars ($25,000). forth at length. COUNT II-NEGLIGENCE OF DEFENDANT MYERS 13. Averments I through 12 are incorporated herein as thought they were set 14. The negligence, carelessness, and recklessness of Defendant Myers consisted of the following: (a) Failing to properly park his vehicle so as to give motorists proceeding southbound on Rockledge Drive visibility of vehicles proceeding eastbound on Old York Road; (b) Violation of the Motor Vehicle Statutes of the Commonwealth of Pennsylvania including, but not limited to, Pa. C.S. 93353; (c) Failing to warn motorists proceeding eastbound on Old York Road ,., ..,._,^ ".-" that his parked vehicle obstructed the vision of motorists proceeding southbound on Rockledge Drive; and (d) Parking his vehicle in careless disregard for the safety of other ~j7}U People, and the Plaintiff in particular. WHEREFORE, for all the foregoing reasons, Plaintiff, demands judgment against Defendant Myers for a sum in excess of twenty-five thousand dollars ($25,000), Respectfully submitted, CALDWELL & KEARNS By: ~ Dated: JTM:jdm 00-372/13739 cGuire ttome or the Plaintiff LD. #73617 363 I North Front Street Harrisburg, PA 17110-1533 (717)232-7661 , , ~ -J;' , ., ^;_, ''''' VERIFICATION AND NOW comes, Jeffrey T. McGuire, Esquire, who as counsel for the Plaintiff is authorized to make this Verification on Plaintiff s behalf. I verify that the information contained in the foregoing Complaint is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. CALDWELL & KEARNS By: ~' cGuire, Esquire o y .D. No, 73617 631 North Front Street Harrisburg, P A 1711 0 (717) 232-7661 Attorney for PlaintiffNatosha N. LeBlanc Dated: August 17,2000 " '>"--:j A l I I I r, - -,-'"",~,.- ""~. ,:- ^ CERTIFICATE OF SERVICE AND NOW, this af4Jay of ~AA Ll )- ,2000, I hereby certify that I have served a copy ofthe within document on the following by depositing a true and correct copy of the same in the US. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Karen Durkin, Esquire John J. McNally, III, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, P A 17033-0650 Attorneys for Defendant Anderson Jeffrey Myers 76 Cold Springs Road Carlisle,PA 17013 CALDWELL & KEARNS BJlLl ~ / f-- 00-372113738 - O"~ " .. " " ; ....c I!I '-.b:" l~ttlli. '[jjij~r"-- ,';;:";;"""-"'" , .... ...".,,;.;~.; - ~~ .<~ :,' p~ ~5~-- .~(;' ~K?! Z ::.;! '''iN';' () ~:- c:") C':.J ~~ 1"-'- c'5 C) i~J~i'F9 _~~i~: :;/:" 1..-) c5rn --I ~,. ~ :0.- :;,r ':? :::J <..> ", '" ~ 9 ~, . "'... , J" - ."','-,-',j"-" "'=., '-'.~-" ""''' "~, -."",. f .__ NATOSHA N. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. C>o - .31f'i CutL~~ SANDRA ANDERSON and JEFFREY MYERS, Defendants : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY SAID COURT: Please issue a Writ of Summons against the above-named Defendants and forward to Cumberland County Sheriff for service to: Defendant Sandra Anderson 373 Mountain Road Boiling Springs, P A 17007 and Defendant Jeffrey Myers 76 Cold Springs Road Carlisle, P A 17043 Respectfully submitted, , CALDWELL & KEARNS 1/L-- Dated: C/7fD By: J e . McGuire, Esquire torney LD. No. 73617 3631 North Front Street Harrisburg, P A 1711 0 (717) 232-7661 Attorney for Plaintiff 00-372/11443 ifl' I~~'--" (ltiliIm" , " ~ " "'"',""' ."""",,,.,..,,~, ,. . .""",- I ~~ --0 ~ ~~ 'V fE!~ J .~"'" ,-- ,,~ '~ ~ c3 !'1. !q 0 ~ VC'c. I I <:) ~~ '..c 1, ,_~ 111r; 2:-:___ ~~::~-', -</ <,.=-- )::"'r- ~E~' ~ :'-.....) C' .',.-' I',) \C> 1I .-. ~ 8 -""'......",. i ' ~.... ...." '>' -----:,.'.1 W,ll ( ~- Commonwealth of Pennsylvania County of Cumberland Natosha N. LeBlanc Court of Common Pleas vs. No. .00-3789 civil Term ~------------------------------------ 19nn Sandra Anderson 373 Mountain Road Boiling Springs, PA 17007 In _ __ ____ nC:~ ':'!-}:"::~9!~~~_~':' n_n _m_____n_ Jeffrey Myers 76 Cold Springs Road Carlisle, PA 17013 To Sim.dra..1\)ldeJ'Jl.Q!Lg.Jld_J~U~S!.YJ~.IYS!Xl?_____ You are hereby notified that Natosha N. LeBlanc the Plaintiff haS commenced an action in __<;j.Y.iL1:\.91.:i,Q!:l_-=-_~J[_____________n_________n______ against you which you are required to defend or a default judgment may be entered against you, (SEAL) Curtis R. Long Prothonota'1' Ilate _____~~~~__~Ql_}_~Q2__________ 19____ ~-R.-77;~ Ileputy '''" 'j-Xl7[~~~m.m:;'lli,~__~li~1dl1:.lW"'H!ii",~~rdilL~~U!j:~- .~:","",:..-- "--.-'-.'" W;R.""iiM'li_Bl!i!I'-""; .0 " -, '",-, - '~ -~ ) H--']WW"-\ 0--.],,-\ ~WUl ~ ~ . I-' "'CD PI "'CD --.]PI t:!-...JIiWHl 'iOHl l-'.w:;:3 rT I 'i I-' Hl I-' Hl ~ij=ff 0 rv 1-" Ii 0 f-"O'i [I) =f*::wrnzro f-'- [I) I-'CD .EgPl ~ 0 NO"O'< <: I-' P>'< 0 --']I~'i f-'. CD UlrTS' (jJ I W-...J rtl-3 I-' r . Ul:;;: ~ W '" "'<!:l :T' '0'< 'OPlP> --.] I-' ",. f;' ;;i'iCD 'i f-'-CD 00 > -11--' h:jS:: f-"'i f-'-::> 'i r; <.D S ;;ig~ rT ::> [I) ::> [I) f-'. I-'<!:l <!:l ::<10 tJj 0 '0 --.](1) [I) 0 ::> I-' f-'- j I-' rT f-'. I::> 0 . PI PI <: --.] 'i I 1-'::<1 >uP> ::> If-'. I-'UlCD : I W@ 0 II-' I-' rT . :0- o'i ii .. P> 1>-3 CD tT.t 1:1 I-' 'CD CD [I) --.] !g rT.o I 0 , 0 I --.] , , - , Ie , , , , I , , , J!1 l SHERIFF'S RETURN - REGULAR · CASE NO: 2000-03789 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEBLANC NATOSHA N VS ANDERSON SANDRA ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MYERS JEFFREY the DEFENDANT , at 0020:55 HOURS, on the 20th day of July , 2000 at 76 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to JEFFREY MYERS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r'~ r.r<~~,~ R. Thomas Kline 07/21/2000 CALDWELL & KEARNS - Sworn and Subscribed to before By: me this J..v- day of ()u~~ ,;Z(fZHJ A.D. n. Q~#, P~otary Depu " . .. "......~...:..;- t,,: .. SHERIFF'S RETURN - REGULAR . CASE NO: 2000-03789 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEBLANC NATOSHA N VS ANDERSON SANDRA ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ANDERSON SANDRA the DEFENDANT at 0013:13 HOURS, on the 7th day of July 2000 at 373 MOUNTAIN ROAD BOILING SPRINGS, PA 17007 by handing to DARLENE ANDERSON (MOTHER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 SOA.ns~.' ~ ~ r;,-~r~ R. Thomas Kline 07/21/2000 CALDWELL & KEARNS Sworn and Subscribed to before By: 7),.A$ ;{J~7 Deputy Sheriff . me this j.<L/'" day of ~ _ A.D O~~ . rothonotary ..'~ , " ,,' ",,- -.;" -""",~;,,:o;,,;- ',,;; .,;-_,~,_~,,' L';';;,:; ~-;",-c.: ,-",;;;-",';X,c,;;;-~__~,_/,,-, -, '-,--- ( '"' NATOSHA N. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3789 CIVIL TERM SANDRA ANDERSON and JEFFREY MYERS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PRAECIPE FOR RULE FOR PLAINTIFF TO FILE A COMPLAINT TO: PROTHONOTARY Please issue a Rule directing Plaintiff N atosha N. LeBlanc to file a Complaint against Defendant Sandra Anderson within twenty (20) days or suffer judgment of non pros. Respectfully submitted, Dated: ~ CONNELLY LLP By: K ND ,ES Attorney .D. #29563 JOHN J. MCNALLY, III, ESQUIRE Attorney I.D. #52661 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendant Anderson. ";,' <~.. ., ,..,,~, .lii~- , .......... ,'~ ''''' IiIlii ~ """,' ~ ,""""'""",h '", ."', ~ """ . ',-., ~, -....1i , ~ ') 0 0 0 C <;:1 -','1 s: '- ,- -a(L c: :'\;;;0;.::' ml'!' r Z:r; i-'n Z~ 1'0 ~-r: Cl).~: -<~.;::- ~-r< kCJ ::t:J :;'~.-~ ~15 ;g:o --... ~:-:::c; ('5rn ;l>rc, ---~ ~ ':,:) +r> :0 1"0 -< r, ,...~_"-. ~' -,>.,,~~'.,<_ _'-~-"'. ~ '._',,-',_,_,' ',i'.'_~c~0~-",_ "'."- ~- -..."---->"','-'~~."_,_,.~" -'~. ""~"'''-'"''''''~'--~,~"h}'~b--'''<L.i.c;.. ,,- , ;, '-:j ~ ... NATOSHAN. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-3789 CIVIL TERM SANDRA ANDERSON and JEFFREY MYERS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED RULE FOR PLAINTIFF TO FILE A COMPLAINT TO: Natosha N. LeBlanc You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer judgment of non pros. I~I ~ R*- PROTHONOTARY ~"~K.~.9-f DATED: 9uJ. /d)..,2aJi!::J :~ -~_iJJ J.\!iillL" .:..~" ~.- " ',," r.-' '. -~ - . ~ i ( o c $: -Op] rnr'l ;:"'::-t" zeo., ~~~ ~~~ L-C" Pc: ~ ,;i ~ .. c;:> a '- F= o "11 "10 "F -:~-3 f;; f'0 ='" c::: -1-, -=--:;:--r: .C) jTj '.../ ;-'1 t> CD -< ~ :.:> f'v , "-", -=>~;, - -,,: -" " -. -:;_';";"~_'" -- -'",'" -, ,,A--' ';';"-,y';;'o."_".,,,,i,_.-, "':,0'_,,0_, '". - '-"--:~'-:;I - , NATOSHAN. LEBLANC, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3789 CIVIL TERM SANDRA ANDERSON and JEFFREY MYERS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant Sandra Anderson only, with respect to the above-captioned matter. Respectfully submitted, Dated: ~O By: & CONNELLY, LLP N ttorney LD. #2956 JOHN J. MCNALLY, III, ESQUIRE Attorney LD. #52661 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendant Anderson' .... ~"""-~.~~1bM1I! , ~~~~>.. _. ~, ,&Ji<";< - ~,4- " -",.-,'", -"'. ~. " ,- ~~ -~;! \1 I, il I. II ii Ii II ~ - " (") CJ 0 C C) -n :s:: L ,,- -00:3 c:: . ~Tl mrTi r ",.- Z-T'i ..~~ ZS'-- 1'0 U)-'~ -<:~: ~C) :s ;t>.-. .....l'l.. ;l~~ f~ 2\..) --0 ;PC ,- Z .;.:, ~ :<i ::n c" -< ",-,~ - c",,,';'.L"'~-;""---"_-''''"''_'_~~'"'>,,ii, _ ",,", ,^__);.'_.o"'_'''~',:,,-__ _e,._'",___ ,_;6~,',/-1 , y' CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon the following below-named individual(s) by depositing Sallie in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this \ \~ day of July, 2000. SERVED UPON: Jeffrey T. McGuire, Esquire 3631 North Front Street Harrisburg, PA 17110 Jeffrey Myers 76 Cold Springs Road Carlisle, PA 17013 urkin, Es . S, SMITH, DURKIN CONNELLY, LLP ""~ -.. "MIli'- 'J ~< -~~.-. "_~__" ',-~.-"<_ ~~._'"~--, '" -,'-,e;.,' ..... , 0 c..-:> 0 c 0 -n s:: ::::: :~-j -Or" mrf"; r= - :,j :T~ Z:rj iT; :z:~ C) cr.. ,_.~ 1'0 e:e; (-\ ~ -"",' >() "_':.--n wJ'I. '('S~~~ ~O Pc ~ '''':> :;! -< '" ~ ,~ > . .,," ~~"~""',,.,,., '.'"'' .."w' .. "'.,,~',,,~,. ;;:_'. -'j , NATOSHA N. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3789 CIVIL TERM SANDRA ANDERSON and JEFFREY MYERS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Natosha N. LeBlanc, and her attorney, Jeffrey T. McGuire, Esquire and Jeffery Meyers YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: l..1-~/{) I KIN, ESQUIRE Attorney I.D. #29563 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Defendant Anderson , , '~'W"'_"d' ",'''''"'C''"'''~''~~'''"CC''''C',' C",,',,~ ,c, NATOSHA N. LEBLANC, . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3789 CIVIL TERM SANDRA ANDERSON and JEFFREY MYERS, : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NEW MATTER IN THE NATURE OF A CROSS CLAIM AND NOW, comes the Defendant, Sandra Anderson, by and through her attorneys, James, Smith, Durkin & Connelly, LLP, to Answer Plaintiffs' Complaint and aver New Matter as follows. 1. Admitted, 2. Admitted, 3. Admitted, 4. Admitted, 5, Denied. After reasonable investigation, Defendant Anderson is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph five (5) and strict proof thereof is demanded at trial. 6. Admitted. (5) (6) Denied. It is denied that Brian Hancock was forced off the road by Defendant 7, Anderson. To the contrary, Defendant Anderson's vehicle never entered the Hancok lane of travel. Furthermore, Brian Hancock lost control of his vehicle and struck a telephone pole. 8. (7) It is admitted that Defendant Anderson could not see Brian Hancock's approaching vehicle as she was stopped at the stop sign due to Jeffrey Myers vehicle which was parked 2 /Iii: on Old York Road at its intersection with Rockledge Drive. It is denied that Defendant Anderson did not see Brian Hancock's vehicle as she entered the westbound lane of Old York Road. In fact, Defendant Anderson stopped her vehicle in the westbound lane of Old York Road when she saw the Hancock vehicle approaching to her right. At no time prior to Brian Hancock's striking the telephone pole, did Defendant Anderson's vehicle cross into the eastbound lane of Old York Road. 9. (8) Denied. The averments in paragraph nine (9) are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 10. (9) Denied. After reasonable investigation, Defendant Anderson is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph and strict proof of the same is demanded at trial. 11. (10) The averments in paragraph ten (10) are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. COUNT I NEGLIGENCE OF DEFENDANT ANDERSON 12. (11) The answers in paragraphs one (1) through eleven (11) are incorporated herein by reference as though fully set forth at length. 13. (12) Denied. The averments in paragraph thirteen (13) (twelve (12)) are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. WHEREFORE, Defendant Anderson respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff together with costs. 3 _ ,~ . -, - _ _".~"~m"_.,,_,""," ,- - -'""" COUNT 11 NEGLIGENCE OF DEFENDANT MYERS 14. (13) The answers in paragraphs one (1) through thirteen (13) are incorporated herein by reference as though fully set forth at length. 15. (14) Denied. The averments in paragraph fifteen (15) are directed to a defendant other than the answering defendant. WHEREFORE, Defendant Anderson respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff together with costs. NEW MATTER 16. The answers in paragraphs one (1) through fifteen (15) are incorporated herein by reference. 17. The Plaintiff Natosha LeBlanc was comparatively negligent to a degree greater than the causal negligence, if any, of Defendant, the existence of such negligence on the part of Defendant being expressly denied. If it is determined that Defendant is liable to the Plaintiffs, Defendant avers that the Plaintiffs' recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. 97102 et seq. 18. The Plaintiff's claims are barred or limited pursuant to the terms of the Pennsylvania Motor Vehicle Responsibility Act, 75 Pa.C.S. 91701 et seq., the provisions of which are incorporated herein by reference. 19. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 4 -,- = "~.<..- . -""-'-,"' .'" " - 20. Any damages sustained by Plaintiff are due to the negligence of Brian Hancok, who is not a party in this lawsuit WHEREFORE, Defendant Anderson respectfully requests that this Honorable Court enter judgment in her favor and against Plaintiff together with costs. NEW MATTER IN THE NATURE OF A CROSS CLAIM 21. The averments contained in paragraphs one (1) through twenty (20) are incorporated herein by reference as though fully set forth at length. 22. Said negligence consisted of, but is not limited to: (a) failing to properly park his vehicle so as to give motorists proceeding southbound on Rockledge Drive visibility of vehicles proceeding eastbound on Old York Road; (b) violation of the Motor Vehicle Statutes of the Commonwealth of Pennsylvania including, but not limited to, Pa. C.S. ~ 3353; (c) failing to warn motorists proceeding eastbound on Old York Road that his parked vehicle obstructed the vision of motorists proceeding southbound on Rockledge Drive; and (d) Parking his vehicle in careless disregard for the safety of other people, and the Plaintiff in particular. 23. At the time of the accident, Brian K. Kancok was operating his vehicle eastbound on Old York Road. 24. At the same time Defendant Anderson was traveling southbound on Rockledge Drive. 25. Defendant Jeffery Myers had parked his vehicle at the intersection of Rockledge Drive and Old York Road causing an obstruction to the view of Defendant Anderson at the intersection. 26. This accident occurred as a result of the negligence of Jeffery Myers. 5 -'., ",~"-,---,,' ~-" ~ ~..-" """ '--"'~~''''-,io'''-''''''~"'';'~iO'''''''':'--~1'4li,)'''''''''''''''"'='''-'-''''''-'"~~'-'__, _" -~"'~"';:'t.\;l WHEREFORE, Defendant Anderson respectfully requests that this Honorable Court enter judgment in her favor and against Defendant Myers together with costs. Respectfully submitted, Dated: f~hl / . JAMES, SMITH, DURKIN & CONNELLY, LLP g<"-~ URKIN, ESQUIRE Attorney ID #29563 P.O. Box 650 lIershey,P1\ 17033 (717) 533-3280 Attorneys for Defendant 6 ~, " .. =...~, r." ~--,-, -,.,,,,,,,,,,.",,. - "=",'",~,-"~,=w"-,,,,,.,--,...,, -''''-~-'<'--'.' - .',__,_ .;;,:1 CERTIFICATE OF SERVICE I, KAREN DURKIN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 21st day of May, 2001. SERVED UPON: Jeffrey T. McGuire, Esquire 3631 North Front Street Harrisburg, PA 17110 Jeffrey Myers 76 Cold Springs Road Carlisle, PA 17013 aren urkin, Esquire JAMES, SMITH, DURKIN & CONNELLY, LLP 7 " ,.,,~ .- ". ,-~-,. ~. "~,","~"'>"~ --,-~ -"^,'" - . 'o''''"''"'.~'" ~,,",'. -, ". -...~.,o;;"'"'''-Id~:r VERIFICATION The undersigned, SANDRA ANDERSON, hereby verifies that the facts set forth in the attached Answers with New Matter are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~~ SANDRA ANDE SON t...:...:.'.' I"" 1'.. .. ~ Jefferson J. Shipman, Esquire 1. D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant Myers , _0_" .. "~". -,-"',,,--- ~ TO"" -""~~'-",,_ ",,'~'- -.,. , .", -~ .n.L' , '_j NATOSHA N. LEBLANC, Plaintiff vs. SANDRA ANDERSON and JEFFREY MYERS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTON - LAW NO. 00-3789 JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Defendant, Jeffrey Myers, in the above-captioned matter. DATE: 25114101 67028.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Je erson J. Shipman Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Myers ., ...... -, .-' .< '~"--"" ," ,,>,,~,.q c~""-",' CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon all counsel of record by depositing the same in the Mail, first class, postage prepaid, addressed as follows on ~ 1'1101 I United States Pennsylvania, Jeffrey T., McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Attorneys for Plaintiff Sandra Anderson 373 Mountain Road New Cumberland, PA 17070 67029.1 in Harrisburg, GOLDBERG, KATZMAN & SHIPMAN, P.C. f erson J. Shi an, Esquire torney I.D. #51785 .0. Box 1268 Harrisburg, PA 17108-1268 Telephone: 717-234-4161 Attorneys for Defendant Myers ,-, "l~ i " , , , I I i I I i I~ ~ I ! ii t i I I' ,: i i i; ~ m 10, Jii I; I. !:i I, ~ '! '", ' ",cc"r' '~"V"",' ] -~,' ,: --~- , ~- - .. ~. ~"__, , _" ~, ,I , ~w o c: ~~ 'Jt~; [lh7'; .;;1""-.. 2r-" C;)_t", ~i~~:- 2- .? I.. ~ j;; {;~' :~ ;,.,' :.,,) :v (,0 c;:; """ ,~~ "_: rJ J ", ~'---:.j " ;X] -'<::..' -,-' ,~~ ~ _',0 - 'ii" ... NATOSHA N. LEBLANC, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 00-378Q SANDRA ANDERSON AND JEFFREY MYERS, Defendants : CNIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COUNTY: Please mark the above-captioned matter settled, discontinued and ended. CALDWELL & KEARNS By: ~ . McGuire A 0 LD. #73617 3631 North Front Street Harrisburg, Pennsylvania 17110 (717) 232-7661 Attorney for Plaintiffs Dated: f/Jff /0 ) 00-372/29165 - ~-" ,ce, Ce, -;,-"~ '~ ~ ,,~ ~~ -11 ~~~,"""""""'-" >' "k..""k'"",, _..1 -, I ... 0 C) 0 C -q :<=,': > "1J ;:.::-, "j~' nl 1", G"J. -/ :) Z [' {..J,) CO C;,' -< r:' '" .- ~ ,. t_ ""::... ,-. )> ~. l(,) L": ,;-,) ~"~ -.j JJ -< '0 -<