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Home My WebLink About98-01827 --< 4- '... ( '1' .... ~ Q f.. ~ "1 ., . ) I I , / ' / j ~ ; I ~I Ji t'--c C"i G..' '..., . ~ ~.. ~. 7i 0' r:: j:; \.iI ., c;, ,,'., (") ;-) ~,( ~"" ]f~, :'C: ,>\)),,' ) ,'-j f'~ ;'1' c... :',.1. "\'1 :"":'.:', (1) (";, ;Off., E?(I '1' (-.J ")'~ ["\.1 n.. l..'\ l.IJ I' Vi )1.l. I!, ," (,t) (~ U r:l' ~ b ~~: ~~) t., '1'.1 tt~t\ r~:': ~) Ln M .e. ~ -...:... \.n ,,\ ~~ p~ ~ "f) X ~ ~\d) 0- Ld V> ('f.1 Cl' ..... f.. .<'.~: ~~~;, r):::;': '.. .l,.pJ ,. ~..~ " (1) . .) ~/, [-ro.;.) .,","n Ij')UJ :~~ c,\... ::) C) ::t: ~~, r,tl - I o 0: - ~ - ~ ..., 6. At that time and place. Defendant Gilpha Monlsmlth passed the Plaintiff John M. Dermody on the left e'ld suddenly, without warning, made an abrupt rlght~ hand turn directly Into the path and lane of travel of the Plaintiff John M. Dermody. 7, At that time and place, a violent collision occurred Involving the Dermody automobile and Defendant Gllpha Monlsmlth's automobile, 8, At that time and place. the right side of Deftlndant Monlsmlth's automobile violently impacted with the left side of the Dermody automobile causing the end of Plaintiff John M, Dermody's car bumper to pull forward, 9. Shortly thereafter, Plaintiff John M, Dermody was treated by his family physician in Carlisle, Pennsylvania, 10, The foregoing accident and all of the Injuries and damages set forth hereinafter sustained by Plaintiffs John M, Dermody and Dorothy A. Dermody are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Gllpha Monismlth operated her 1985 Oldsmobile Cutlass as follows: (a) failure to keep alert and maintain 8 proper watch for the presence of other motor vehicles on the highway; (b) failure to keep a proper watch for traffic on the highway; (c) failure to travel at a safe spetld; (d) failure to take reasonable evasive action to avoid the accident; . \." I I, , ! 2 I . ;' ! ~il~1 f 14, Because of the nature of Plaintiff John M, Dermody's Injuries, he has been advised and, therefore, avers that he may be forced to Incur similar expenses In the future, and claim is made therefor, 15, As a result of the aforementioned collision and resulting inJuries, Plaintiff John M, Dermody has undergone and in the future will undergo great physical and mental suffering, great Inconvenience in carrying out his dally activities, loss of life's pleasures and enjoyment, and claim is made therefor, 16, As a result of the aforementioned collision and resulting Injuries, Plaintiff John M, Dermody has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 17. As a result of the aforesaid Injuries, Plaintiff John M. Dermody has sustained uncompensated work loss, and claim Is made therefor. 18, As a result of the aforementioned injuries, Plaintiff John M, Dermody has been unable to attend a computer class that he enrolled in. 19. As a result of the aforementioned Injuries, Plaintiff John M. Dermody has been and In future will be subject to great humiliation and embarrassment, and claim Is made therefor. 20. Plaintiff John M, Dermody continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor, 4 CLAIM II ..!..QJm.M.....Dermodv and Dorothy A. Dermodv v, Glloha MQnlsmlth 21, Paragraphs 1 through 20 of Plaintiffs' Complaint are Incorporated herein by reference. 22. As a result of Defendant Gllpha Monlsmlth's nflgllgence, Plaintiffs John M, Dermody and Dorothy A. Dermody, sustained property damage to their vehicle In the amount of $830,19, and claim Is made therefor, CLAIM III Dorothv A. Derrnodv v, Giloha Monlsmlth 23. Paragraphs 1 through 22 of Plaintiffs' Complaint are Incorporated herein by reference. 24. As a result of the aforementioned collision and resulting Injuries sustained by her husband, Plaintiff John M Dermody, Plaintiff Dorothy A. Dermody has been and may in the futdre be deprived of the care, companionship, consortium, and society of her husband, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs John M. Dermody and Dorothy A. Dermody demand judgment against Defendant Gllpha Monismlth in an amount in excess of Twenty-Five 5 I':WII.I!S\DATAP1U!\TMA VIXX'.911\.111'AN!I.I\/Ilm ('mllld: 04/IJIVIlIo:o,u", AM R....l.td: l"'I1l,l19110".IO:~{lPM lQ9(",n JOHN M, DERMODY and DOROTHY A, DERMODY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LA W v, OILPHA MONISMITH, Defendant NO, 98-1827 CIVIL JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S ANSWER Wl'rH NEW MATTER TIlfLAlID]FFS' COMPLAINT TO: JOHN M, DERMODY and DOROTHY A. DERMODY, his wife, Plaintiffs, and their attorney, RICHARD A, SADLOCK, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MAHER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU, I. Admitted based on information received, 2, Admitted that Defendant Gilpha Monismith is an adult individual residing at 58 Media Road, Cumberland County, Pennsylvania, 3, Admitted based on infonnation received. 4, Denied. To the contrary, Plaintiff was parked and attempted to pull out into traffic before ascertaining it could be done safely, 5-6 It is admitted the vehicle was operated by the Defendant. The remaining averments are denied pursuant to Pa. R,C.P. 1029(e). 7. It is admitted a collision occurred; it is d;;lnied that it could in any way be classified as "violent", 8.10 Denied pursuant to Pat R.C.P, 1029(e), WHEREFORE, Defendant demands judgment in her f.wor and dismissal of Plaintiffs' Complaint with prejudice, CLAIM I John M. Dermody v. Gllpha Monlsmlth II. The averments contained in paragraphs I through 10 of this Answer are hereby incorporated by reference, 12-20. Denied pursuant to Pa. R.C.P, 1029(e), WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with (Jrtljudice, CLAIM II John M, Dermody and Dorothy A. DermlHb'-v. Gllpha Monlsmlth 21. The avenncnts contained in paragraphs I through 20 of this Answer are hereby incorporated by reference, 22. Aller reasonable investigation, the answering Defendant is without knowledge or information sufficient to fonn a belief as to the truth or falsity of the avelments contained in these paragraphs, The avennents are therefore deemed denied and proof is demanded, WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiff.~' Complaint with prejudice. CLAIM III D.lu'othy A, Dermody v, Gllpha Monlsmlth 23. The avelments contained In paragraphs I through 22 of this Answer are hereby incorporated by reference. 24. Denied pursuant to Pa, R.C,P, 1029(e), WHEREFORE, Defendant demands judgment in her favor and dismissal of Plaintiffs' Complaint with prejudice, NEW MATTER 25. The avennents of paragraphs I through 24 of this Answer are incorporated herein by reference, 26, The Plaintiffs' claims are barre(l by the applicable Statute of Limitations, 27. The Plaintiffs recovery is barred or reduced by the Pennsylvania Motor Vehicle Financial Responsibility Law as amended. 28. Plaintiffs or their representatives chose the limited tort option by signing a valid selection form, 29, Plaintiffs' injuries do not involve death, serious impairment of bodily function or pennanent disfigurement, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DERMODY Vs, MONISMITH NO. 981827 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4ll(I9,22 As a prerequisite to service of a subpoena(s) for documents and things pursuant t.o Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena (s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is Bought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena (s) has been received, and 4, The subpoena (El) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 6/5/98 GEORGE B FALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 717-243-3341 ATTORNEY FOR DEFENDANT ,-~-- - (~C~i'~ . "r~;~~ ~.\') , '.<..) C'~ c,;~ '(;:"'";~ File #: M241230-0:{'-, \\ \ INQUIRIES SSOULn BE ADDRBSSBD TO. MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISS'l'ON STREET PHILADELPHIA PA 19135 (215) 335-3581 By: Felioia Gaines >- <.,(1 ~" ~ - .-... ./ I'''' .. :;; :'1' ~IO N );'~;'- F" , :~;: " ~ir O.~ .'.1 t ' '., '1(, en il".! Jl', I ! :.~. IT! ~.1:. "'I" .. 1i'\:J f.~: r.;; ~ ~:'..! ,-.l. " U. (t"' d 0 0' , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DERMODY Vs. MONISMITH NO. 981827 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEORGE B FALLER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) wit:l a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena (s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . ))a:tl!f1-Q6/22/98 ~..-~ '. ~/~.~._", (F~': ~B \( \\, File #: M241690-01 ~ GEORGE B FALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 717-243-3341 ATTORNEY FOR DEF~NDANT INQUIRIBS SHOULD BE ADDRESSED TOI MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335..3581 By: Felioia Gaines , IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY DERMODY Vs. MONISMITH No,. 98 1827 TOI RICHARD SADLOCK, ESQ NOTICE 01<' INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009,21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 7/20/98 GEORGE B FALLER, ESQUIRE 10 E HIGH ST CARLISLE, PA 17013-3093 ATTORNEY FOR DEFENDANT INQUIRIBS SHOULD BB ADDRESSBD TO. MEDICAL LEGAL REPRODUCTIONS, INC, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Felioia Gaines Eno (s): Copy of subpoena (s) Counsel return card File #: M243239 ~ OF, P~Vl\NIA <XXltm.' OF ClJMBE2U,AN[) CV 98 1827 DERMODY VS, MONISMITH file No, -- ":.:C,' "';,'::'li..'"r-,lIil'" ,,'1."'... ,_r ,-",., BOCH CHIRO TO: _______,________,__, (NlWTle of-Person Or-Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the follOWing chcunentR or things: "'"SE:E ATTACHED ADDENDUM** SUBPOENA TO PIl<lCO::E ~$ OR lllltm. fOR 0 I SCX>VERY PURSU~.TILRULE 4009""n -- --~---------_._---- (AI L'.'GAL REPRODUCTIONS INC 4940 DISSTON ST Ilt NED~-=-_...:, c, PHILA t'A HlB!l (Address) -------- You may deliver or mai I legible copies of the doct.rnents or produce things request.eci r this subpoena, together with the certif'icate of carpliance. to the party making thl request at the address listed above, You have the right to seek in advance the rea~onab! cost of preoaring the copies or producing the things sought.. If you fail to produce the documents or things required by this subpoena within t~ent (20) days after its serv~ce. the party serving thin subpoena may seek II court orde cx.rrpe 11;119 YOU to carp Iy with it, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF 1llE FOLLCWIOO PERSON: NAI-E: GEORGE FAI,LER JR, ~___ ADDRESS: If) F. !IIOII E;rl' CARLISLE PA 17013 (215) 335-3212 '-'-- TELEPIo()NE : 4 9 8 13 lU'REI'E ~T 10 # A'I1'ORNEY fOR: DEP'ENDANT ----- DATE: (). 1<1, I <l9'? ~ of the Cou,,,t BY Tl-E ~~T: ~~, I? L~, -- Prothonotary/Cr!er, Civi 1 --G'1'" () ~,/JP.~ Division Deputy (Eff. 1/97) >: CO .... ~ .j (:,~ I" ,t.:; -'_'f U_,r! (.) :r:: ) V" .i,.."j W- '. -;?~~ .\-' 2J~:--) ~)u- r-' \ i,l) ';':\'" :)'~ r"Uu C': J UJ ~'.\ :-:':; 'fl D._ I .-, ._l ...1-< U,. (..... ", Cl f1'. 0 'il ~ ~J,t\.. 'f'v\, .t PojlpTtt'l A, Dr"~M,)!\Y _.) 7\a'''\t \;\,~ ) } ) ) ) G.. \.. Pr\.e.-. Itf\ 6'1 \ !O"'" 11-' ) '0-l-,.~-v\.<l<A<{\=' OAnt tn The Court of Common Plaas of Cumbarlamt County, Pennsylvania ~lo. c\ B ....J 'f~ 2:-1 C. "" ,-. :rll We do solemnly swear (or affirm) the Constitution of the United States wealth and that w. will discharge the that we will support, obey and defend and the Cons i~jtioQ of this Common- du~U-i-or" 'offi~, 'dtn fidelity, I -;- ~- Pr...p~ ~ k / '"'-'--- ) / , ' AWARD , ) \/., the undersigned arbitrators, having been duly appointed and sworn (or aftirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated,) roIL D6f'E'NO;'-"-lT Ao-ND A-c.P'\>'-I'Sr PtA\NTIFF, (Insert name if applicable. ) Date of H.aring: :l. D.: c- l'W/l, ) ~ Chair.nan Data of Award: ?.. P6'''- l'\'t 'B NOTICE OF ENTRY OF A~ARD Now, th~v.l.'day ot,~~~e, 0< , 19it.., atldJffJ, f,ll., award wes enter-ed upon the docket and notice thersof given by reail parties or their attorneys. the above to the Arbitrators' compensation peid upon ~p.al: $ d..f() to be C~l{~V (J( By: (