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Home My WebLink About98-02057 \., ~[ ~ ~ ~ i! . -> .~ V) '''''-.. " \ \ \ , I I ; / I J / / \' ( ... ~ - ':) '- ~ t"--, \r), o '1 ~ n: L. SIP.:. llnd 'n:I{RY SII'I':, her hushllnd 1>lllintlff' : IN TlI, : CUMIU:RLAND COlJNTY, : I)I':NNSYLVANAA 1998 - (~{i.t; 7 CJ~4~ \'. : NO. ANDREA S. KARPER, Defendant : CIVIL ACTION - LAW : ,JURY TRIAL OF-MANDEll PRAECIPE FOR WRITOF SlJMMON~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons against the Defendant, Andrea S. Karpel', 330 Hilltop Road, Boiling Springs, Pennsylvania 17007, Respectfully submitted, "ANDLER and WIENER BY: /; /1 / ;; J'/!; /: [/ , '/1>' David H Rose 319 Market' , 1',0, Box 1 77 Hal1'ishur ,PA 17108 Tel. No,: 17-238-2000 Suprem Court ID No, 20569 Attol'll ys for Plaintiff ! DATE:{JO/l ~ (J ) 1[ ~ ~ w~ I n ~ >-,1l'" , fo" (Il~ <: Q. ~~ 1-" t; \0 I : '~il~ f-' (Il co 01 rt I > (l)rt tv >' n r (I) 1-" (Il 0 rt . '0 VI 9 = 1-" (Il t'" -..j 0 :"i . . J ~~ ~ii ;; 01 . n i ~ ;;'(1) I.... (Il fo" <: (Il t;'O fo" S t'" t; (Il f-' 01 S' ;;' I: (:: 01 I<i ~ . 1/1 ;; (Il O'Q. ;~ S 01 $ ;; Q. I I,' I' LYNeTTE L SIPE and TERRY SIPE, her Husband Plaintiffs vs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVil ACTION - LAW NO, 98-2057 ANDRI:A S, KARPER Defendant SUBPOENA TO PRQDUCE DOQUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: Custodlsn of Records, Alexander Springs Rehab, 27 Brookwood Avenue, Carilsle, PA 17013 (Name 01 Person Of Enl~y) W~hln Iw.nly (20) d.y. .ft.r ..rvloo 0, Ihl. .ubpo.n., you If. o,d".d by Ih. ooul1lo p,odu,. Iho following do,um.nl. or Ihlngs: All medical reports, treatment notes, lest results, correspondence, etc, for treatment rendered on behalf of Teny Slpe, ssn: 181-58-4467, d1o/b:~6/61 - .1 THOMAS, THOMAS & HAFER, llP, 305 N, Front Street, POB 999, Harrisburg, PA 17108 - --- - You may d'liv., or m.1I loglbl. topl.. 0' Ih. docum.nl. or produce Ihlng. requ"l.d by Ihl. ,ubpo.n., 109.lh., w~h Ih. '.dln,at. 0' complianc., 10 th. P'1ly making lhi. ,0qu..1 al tho add,... li.t.d abov.. You h.v. Ih. ,ight 10 '..k, in advan,o, Iho '....n.bl. co.t 0' propatlrlg the copIes 01 producing the things sougt'( (Andress) ,/ you 'alilo produ" Ih. docum.nl. 0' Ihing. ,oquirod by IhIs .ubpo.na, W~hin twonty (20) day, ofto, it. ,orvi,., Ih. party ..rving Ihi. 'ubpo.n. m..y seek a court order compelling you to comply ~ it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:. Dounlas B, Marcello, Esnulre AOORESS 305 N, Front Street. POS 999 Harrlsbuni, PA 17108 TELEPHONE: (717) 211-7141 SUPREME COURT ID No: 36510 A TTORNEYFOR: Defendant Phillips Prothonotary/Clerk, Civil DIvisIon O.Pllly DATE: 9/29/l!1l Seal of Ihe COllrt L YNEITE L, SIPE and TERRY SIPE, her Husband Plaintiffs vs COMMONWEAL TH ~: pe~NI2.~.we, QQU~TY OF C MaE LAND ANDREA S, KARPER CIVIL ACTION - LAW NO, 98-2057 Defendant SUBPOENA...l.O PRODUCE DQCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 - ~ . - TO: Custodian of ~ords, Mad!,lra Chiropractic, 1010 Wesl~Drlve, Mechanlc,!bul,,), FA 17055 (Name 0' Purson or Enlny) W!hln !wonly (20) day. onor ,orvl<. 0' Ihl, ,ubpoono, you "0 OIdorod by tho court 10 P,oducolho 'ollowlng docunlonl. or Ihlngs: All medical reports, treatment notes, test results, correspondence, etc. for treatment renderAd on -<----- behalf ofTerry Slpe, ssn: 181-58-4467. d/o/b: 12/26/61 01 THOMAS, THOMAS & HAFER, lLP, 305 N, Front Street, POB 999, Harrisburg, PA 17108 --- '-- - -- You may dOllvo, or moil loglbl. cople. 0' Iho .ocumonl. 01 produca Ihlng. "qU"lod by Ihl. ,uopoon., logo/hor with 11,. cortlflcol. 0' comp/I.nco, 10 tho party m.klng /tis requo,' .1 Iho add".. 1I.lad obovo. YOll havo Iho "ghl 10 ',ok, In advanc., Ih. '...onablo co., 0' preparIng the ooplos or producing the lhlngs souOht. (Addross) .-- If YOll /all 10 P,oducOlho dOcum.... '" lhing, "qul,od by Ihl, '"bpoon., wlhln ""anly (20) day, an" It. "lVlco, Iho porly ,01V1nO lhio aubpoona may seek ~ court order COmpelling)'Ou to comply 'Nlth It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Doualas B, Marcello, Esoul@ AOORESS~05 N, Front Street. e.OB 99l! Harrisbura, PA 17108 TELEPHONE: 1717l 237-7141 SUPREME COURT 10 No: ~S10 ATTORNEY FOR: Defend!\l1t P~_ Prothonofary/Clerk, Civil Division ,O.puly DATE: 9/29/98 Seal of the Court LYNETTE L, SIPE and TERRY SIPE, her Husband COMMONWEALTH OF PENNSYLVANI8 .QQJ.l~ OF CUMBERLAND Plaintiffs I/S CIVIL ACTION. LAW NO, 98.2057 ANDREA S, KARPER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DIi:;COVERY PURSUANT TO RULE 4009,22 TO: Custodian of Records, Capital Blue Cross & Blue Shield (NarTIlJ of Palsnn 01 Enl~v) WMhln twenty (20) d.y. anor ,0",lce 0' thl, subpoona, you or. ord"ed by the court 10 p,oduce Ihe 'ollowlng d"umenl. or things: All medical reports, treatment noles, test resuils, correspondence, etc, for treatment rendered on - - -- behalf of Teny Slpe, ssn: 181-58-4467, d/o/b: 12/26/61 al THOMAS, THOMAS & HAFER, LLP, 305 N, Front Street, POB 999, Harrisburg, PA 17108 You may deliver 0' m.II leglbl. copies of the dOCl.menl, or produco thing. roque"od by thl, 'ubpoen., logother wMh tho cortlflcato 01 compllonce, 10 the party m.king Ihl. 'equ"l .1 the addross II,lod .bovo. You h.ve Ihe ,Ighl 10 ,oek, In .dvan.., the 'e"on,blo co,1 01 preparing Iht ooples or producing the things sought. (Addres3) II you 'all 10 p,oducelhe documenl, or thing, roqulred by Ihl, ,ubpoon., w~hln twonly (20) d.y' .ne, II, ,orvlco, tho p.rty ,ervlng thi, ,ubpoena may seek 8 oourt ordor OOOlpaUJng you to oomply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_Douolas B, Marcello, ESOlliJ] ADDRESS 305 N, Front Street. POB 999 HamsbufQ, PA 17108 TELEPHONE: (717)237-7141 SUPREME COURT 10 No: 38510 ATTORNEY POR:_ Defendant Phllllos Prothonotary/Clerk, Oivll Division Ooputy DATE: 9/29/98 Seal of the Court L YNEITE L, SIPE and TERRY SIPE, her HusbMd Plalntlfrs vs COMMONWEALTH OF PENNSYLVANI6 COUNTY OF CUMBERLAND CIVIL ACTION - LAW NO, 98-2057 ANDREA S, KARPER Defendant SU12P-OENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,2~ TO: Custodian of Records, Carlisle Hospital, 246 Poplar Slreet, p,O, Box 310, Carlisle, PA 17013 (Namo 0' Person or Ent~y) Wlhln twenty (20) day. aner ..rvlce ., Ihls subpoo"" you ore o,derod by Iho coull 10 producu Iho 'ollowlng document. or Ihlngs: All medical reports, treatment notes, test resulls, correspondence, etc, for treatment mndured on -.- -- behalf of Lynette L. Slpe, ssn: 174-52-4604, d/o/b: 6/25/H0 -- - -- .t THOMAS, TI-IOMAS & HAFER, LLP, 305 N, Front Street, POB 999, Hamsburg, PA "17106 ------- You m.y dellve, 0' mall legible Cople, 0' the documon', 0' produce Ihlngs roquesled by Ihl, sUbponna, togelher wKh 1"0 cOlllffca'. of compliance, to Ihe pally m.klng Ihls roquosl al the eddro.. listed abovo. You have Ihe rlghl 10 seok, In advance, Ihe ,e"onoble cost 0' preparing the copIes or producIng the things sought. (Address) II you ,.1110 produco Ihe documonls 0' Ihlngs ,oqulred by this subpoen., w~hln twenly (20) day' an" It, service, the polly .ervlng Ihls subpoeno may soek a court order comporting YOLllo r.omply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Doualas B, Marcello, ESQuire ADORESS 305 N, Front Street. POB 999 ~bura, PA 17108 TElEPHONE:J1J1l..Z37.7141 SUPREMEcOURT 10 No: 36510 ATTORNEY FOR:_ Defendant Phillips Prolhonotary/Clork, Civil Division OepUty DATE:...m.~1L- Seal of the Courl LYNETTe L, SIPe and TERRY SIPS, her Husband Plaintiffs vs COMMONWEAL TtJ.QF PENNSYLVANI6 .QQ.W:m:: OF CUMBERLANQ ANDREA S. KARPER CIVIL ACTION - LAW NO, 98,,2057 Defendant Q.UBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 ~ TO: Q.~~n of ReCOrds, Carlisle Imaging Associates, 246 Poplar Strfl~p,o, Box 310, Carlisle, PA 17013 (Namo 0' Person or Entity) WKhln twenty (20) days .ner ,ervlce 0' IhIs sUhpoena, you .,e ',dered by Ihe Court to p,o<luce the fOllOWing documenls or Ihlnys; All medical reporls, treatment notes, lesl results, con'espondence, elc, for treatment rendered on -- - - behalf of Lynette L. Slpe, ssn: 174-52-4604, d/o/b: 6/25/60 -- .t THOMAS, THOMAS & HAFER, LLP, 305 N, Fronl Street, POB 999, Hamsburg, PA 17108 "- -- You may dellve, or mall legible COploa D/ Ihe document. or p,oduce things ,equested by this subpoena, togethe, W~h Ihe cellln"te ., compliance, t. the p"ty making Ihls request ot the add,ess IIstOd above, You have the rlghl 10 soek, In edvance, Ihe reasonable co,t of preparing the copies or produclrlg the ~ sought. II you 'all to produce Ihe document. or 1I1Ing. required by this subpoena, wKhln twenty (20) doy, aner lis service, the pally serving Ihls subpoena may seek a court order compolllng you 10 comply wtfh it. (Addross) THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DOuQlas B, Marcello, ESQuU] ADORESS 305 N, Front SlrellLPOB 999 Hamsbum, PA 17108 _ TELEPHONE: (717) 237-7141 SUPREME COURT 10 No: _;WSlO ATTORNEY FOR; Defendant Phillips Prothonotary/Clerk, CIvil DlvI$lon OOPllty DATE: 9/29/98 Seal of the Court THOMAS, THOMAS.!. HAfER I.lP Dougl., U, M,lrcello, Esquire 305 North F,ont Streel 1',0. 80" 999 Ha"llbu'll, f'A 1i100.0999 (ili) 255.i238 (ili) 2:1i.7105 (1'.,,) _._~-~-.._..__._----_._- L YNHH I.. SirE ,l/ld HRRY SirE her husband f'lalntllls IN THE COURT or COMMON PI.EAS CUMBERLAND CO, PENNSYlVANIA NO. 98.2057 VS. CIVIL ACTION ,.. lAW (") r;; ..,..., .:::.~ ~:) .~I ~1:\;; , C' . ,0 C'J U) "1 "U ~,) () '1'1 , :"1 : ,',];I " f:g i'-!'! :::/( ) .'~~ ~j '".0 ~. l'fj ,-.J ~-J ;...,.... """'i ANDREA S. KARrER JURY TRIAL DEMANDED - Defendant F-:l :r"'~ .-' 9': - -- NOTICE OF INTENTTO SERV~ SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS EOR DISCOVERY PURSUANT TO RULE 4009.21 .:":-.!...--- .~) ':wl.-;,,:()) -- - - Defendant intends to serve subpoenas identical to the ones that are attached to lhls notice, You have twenty ,120) nays 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 will be selVed, THOMAS, THOMAS & HAHR UP Date: September 28, 1998 , Ilyl- .. '--- DOUGLAS B IARCELLO, ESQUIRE Attorney fa )efendant ~l/ JZ:;2 THOMAS, THO^,IAS & HAFER LLP Douglas 8. Marcello, ElQldre 305 Norlh front Slreel 1',0. 80x 999 Harrbburg, PA 17108-0999 (717) 255.72:16 (717) 237.7105 (f,IX) -~----_.._"._---'-- -----------'---- I.YNETH L. SIPE and TERRY SIP!:, her husband Plaintiffs IN THE COURT OF COMMON PtEAS CUMBC:RLAND COUNTY, PENNSYI.VANIA NO. 911.2057 VS. CIVil ACTION - lAW ANDREA S. KARPER JURY TRIAl. DEMANDED Defendant -, CERTlFICATEOF,SrRVICE . =.- - AND NOW, lhis 28TH day of September, 1998, I, BARBARA A, ONORATO, a paralegal In the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same In the United Stales Mai I, first class, postage prepaid, to thc following: David H, Roscnberg, Esquire P,O, Box 1177 Harrisburg, PA 17108 JUj(..jA-Il C:. 6-.~(.,u.:It. Barbara A. Onorato Legal Assistanl Date: September 28, 1998 - COMMONWEALTH OF PENN$YLVANIA COUNTY O~ CUMBERLANQ L YNeITE L, SIPE and TERRY SIPe, her Husband Plaintiffs CIVIL ACTION. LAW V" " NO, 98.2057 ANDREA S, KARPER Defendant SUBPOENA TO PRODUCE DOCUMEt;JTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Custodian of_Records, Carlisle Hospital, 246 Poplar Slreet, P,O, Box 310, Carlisle, PA 17013 (Name at Porson Qr F.nlrtYl Within toNen!v (20) days after servtce of Ihis subpoena, you aro ordorod by tho court to producn th~ following documonts or things: All medical reports, treatment notes, test results, correspondence, etc, for treatment rendered on behalf of Terry Sipe, ssn: 181-58-4467, d/o/b: 12/26/6" al THOMAS, THOMAS 8. HAFER, LLP, 305 N, Front Street, POB 999, Harrfsburg, PA 17108 (Add:e.,) You may deUver or mall leglblo copies of the documents or produce Ihlngs roquosted by this subpoona, togothQr with Iho certificate 0' compliance, 10 tho party making Ihis request al the address IIstod abovo. You havo Iho right to soek, In advance, tho roaaon!1bre cost 0' preparing tho copies or producing the things soughl. If you fail to produce tho documents or things requirod by this subpoona, wlthilllWenty (20) days aftor its sorvlce, tho party serving this subpoena may soek a court order compelling you to comply wlth II, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:_DouQlas B, ,Marcello, ESQuire ADDRESS 305 N, Front Street. POB 99~ Harrisburq, PA 17108 TElEPHONE:.lZ11l.13 7. 7141 SUPREME COURT 10 No: 36510 ATTORNEY FOR: Defendant Phillips Prothonotary/Clerk, Civil Division Deputy DATE: 9/29/98 Seal of the Court COMMO..!::!'M.8L TH OF PENNSYLVANIA QQY.NTY QE..Q!lMBERLAND L YNETIE L. SIPE and TERRY SIPE, her Husband Plaintiffs vs OIVIL ACTION. LAW NO, 08.2057 ANDREA S, KARPER Defendant SUBPOE;NA TO PRODUCE DOCUMENTS OR THINGS EQB.DISCOVERY PURSUANT TO RULE 4009,22 TO: CustOdian of Records, Alexander Springs Rehab, 27 Brookwood Avenue,Carlisle, PA 17013 (Name or Person or Enlity) Within (\Nolllv (20) days after sorvice 01 this subpoena, YOll III orderod by lhe court to produco Iho following doouments O( things: All medical reports, treatmenl notes, test results, correspondence, etc, for treatment rendered on behalf ofTerry Slpe, ssn: 181-58-4467, dlolb: 12/26/61 at THOMAS, THOMAS & HAFER, LLP, 305 N, Front Slreet, POB 999, Harrfsbllrg, PA 17108 (Addttlss) You may delivor or mall legible copies oJ' the docurnents or produce things requested by lhl:l 51lbpoena, logether w~h tho certlflcale of compliance, 10 the party making Ihls requolst allho addross listed above. You have the right 10 seok, In advance. the reasonable cost at preparing the copies or Pfoduclllg the things sought. It yCJu 'all to produce the documents or things required by this subpoena, w~hjn twenty (20) days aftor its !leNief.l, tho pArty seNlng this subpoena may seek a court order compelling you to comply wilh it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAM~:.l?,ouQlas B, Marcello, ESQuire ADOREns 305 N, Front Street. POB 999 Harrisbllrq, PA 17108 TELEPHONE: (717) 237.7141 SUPREME COURT 10 No: --26510__ ATTORNEY FOR: Defendant Phillips ProthonOI'ilry/Clerk, Civil Division Deputy DATE: 9/20/98 Seal of the Court L YNEITE l.. SIPE and TERRY SIPE, her Husband Plaintiffs vs CQMMONWE'.AL TH OF PENN~YL VANIA COUNTY OE CUMBI;RLAMd CIVI~ ACTION. LAW NO, 98-2057 ANDREA S, KARPER Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,22 ~. TO: Custodian of Rocords, Carlisle Tire & Wheel, P,O, box 99, Carlisle, PA 17013 (Nama of Porson or Entity) WKhln twenty (20) days ane, service 01 Ihl. subpoena, you a,e ordelld by the cOlllllo P'Oduce Ihe following docuOlonl. or Ihlng" All employment records, medical reporls, disability slips, appllcallons, attendance records, \\Crl(er's compensallon clai -- - etc, on behalf of TertY Slpe, ssn: 181.58-4467, d/o/b: 12/26/61 ----- at THOMAS, THOMAS & HAFER, LLP, 305 N, Front Slreet, POB 999, Harrfsburg, PA 17108 --- (Addross) ---.-- You Olay deliver or mall leglblo copies 0' I"" documents" p,oduce INng, reqlle'led by this '"bpoena, logothor W~h the cer~ficate 0' compliance, 10 Ihe patlV making this requosl allhe odd,... listed above, You have Ihe ,igh! to seek, In advance, Ihe reasonable cosio' proparlng the copios 0' producing lho thlng$ sought. II you lallto produce tho document, or Ihlngs 'equl"d by Ihl. ,ubpoena, within ",only (20) days ane, its servlco, tho party serving this SUbpoena may sook a.court order compoUlng you tn comply'Mth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DouQlas B, Marcelio, ESQlllre AOORESS 305 N, F[ont Slreet, POB 999 Harrlsburq, PA 17108 TElEPHONE:m 237.7141 SUPREME COURT 10 No: ~10 ATTORNEY FOR: Defendant Phillips Prolhonotary/Clerk, Civil Division Deputy ; DATE: 9/29/98 Seal of the Courl 6,. At all times hereto, Plaintiff, L\mnette L. Slpe, was owner and passenger In a 1992 Ford Aerostar with PennsylV,mia Registration number AFL.4118, operated by Terry Slpe. 6, At all times material hereto, Defendant, Andrea S, Karper, was operating a 1993 Saturn with Pennsylvania Registrmion numbur WVU-322, 7, On or about May 6, 1996, at approximately 3: 18 p,m, , Plaintiff, Terry A, S/pe, operated a 1992 Ford Aorostar traveling northbound on SOUltl Orange Street, when he lawfully pmceAded through tile intersection of West Pomfrot Street and South Orange Street, CUll1borlancl County, PennsylVilllia, 8, On or about the same timfJ, Defendant, Andrea S, Karper, operated a 1993 Saturn traveling westbound on West Pamlret Street, approaching the Intersection of West Pomfret Street and South Orange Street, Cumberland County, PennsYlvania, 9. At approximately the same time and pi ace, Defendant, Andrea S, Karper, SUddenly and without warning, failed to stop at the posted stop sign on West Pomfret Street at the intersection of West Pomfret Street and South Orange Street proceeding directly into the path of Plaintiffs' velllcle, which had the right of way, into the intersection, causing Plaintiffs' vehicle to ViOlently impact with tho Defendant's vehicle, 2 10, As a direct and proximate result of the negligence of Defenelant, Andrea S. Karper, Plaintiffs', Terry A, Sipcl and Lynnette L, Slpe sustained extensive and serious Injuries that required rTwdlcal trfJatrnent, 11, Prior to the ilbove-lTIentloned collision, General Accident Insurance Company had issued a policy of motor vehicle insurance to Plaintiffs', Terry A, Sipe and Lynnette L, Sipe, who elected the limited tort option, Said polley was in effect on May 6, 1996, 12, Plaintiff, Terry A, Sipe, is entitled to seek damages as though tHJ had elected the full-tort alternative, because Plaintiff suttered serious personal injuries as a result of the May 6, 1996 collision, These serious bodily Injuries include, but are not limited to, a right knee injury which required surgery and a need to wear a brace and use crutches, right elbow injury requiring nUmEJrous Injections and which still requires treatment, a right ankle injury, and various other injuries, Said injuries have prevented and/or limited Plaintiff from participating in, and enjoying, many of his activities of daily living, and will continue to cia so indefinitely into the future, 13, Plaintiff, Lynnette L, Sipe, is entitled to seek damages as though ShEJ had elected the full-tort alternative, because Plaintitt sufflHed serious personal injuries as a result of the May 6, 1996 collision, These serious bodily injuries include, but are not limited to, a compression fracture of L4 lumbar vertebrae which required that she wear an uncomfortable and limiting back brace, back pain which radiates into her 3 legsr headaches, and various other Injuries, Said Injuries have prevented and/or limited Plaintiff from participating In, and onJoylng, many of hor activities of dally living, and will continue to do so indefinitely into tl1(-) future, COUNT) NEGLIGENCE JERRY A. SIPE V, ANDREA S, KARPER 14, Plalntlft, Terry A, SlpE, herein incorporates paragraphs 1 through 13 of this Complaint into this count as if set forth at length, 1 5, The occurrence of the aforementioned collision and all of the rflsultant injuries to Plalntlft, Terry S, Sipe, are the direct anel proximate result of negligence, carelessness, or recklessness of the Defendant, Andrea S, Karper, as set forth more specifically as follows: (a) In failing to keep a reasonable iook for vehicles lawfully proceeding through the intersection of West Pomfret and South Orange Street; (b) In failing to be reasonably vigilant to observe the Sipe vehicle; (e) In failing to operate the vehicle under proper and adequate control so that she could avoid the Sipe vehicle, (d) In failing to operate the vehicle in such a manner so that she could apply the brakes to avoid the Sipe vehicle; 4 ,.J '0 ('11I0' """PM, ,"d .d.,""", 'b""" 'h. ""fie ""dlt'"" then and there eXisting; '" '0 (.11I0' " 01'''''' ""d" "" ,,,,.. "' 'h, M"OI V""e', C'd., more Specifically, Careless drivlnr) In Violation of 75 Pi!, C,S.A, ~ 3714; 'm '0 '''flo, " 'b., ""fie """"' d",,,, '" "0""0" 0' 75 Po. C,S,A, ~ 3112; thJ '0 '''flo, to 'b., th, ",op "'"'' "" '0""""00 " W,", P",,,,,,, Street and South Orange Street, in Violation of 75 Pa, C,S,A. ~ 3323Ib); {IJ '0 ("flo, to 'b",,, """""ffi, """b, '"''''0' 'h, '01"""'00 and Oauslng Plaintiff's vehicle to impact With the Defendant's Vehicle; 'JJ '0 ('11I0' to 'P"'" tho "hlel. " . 'P"d, 'Pd "od" '"'h COntrol, so as to be abie to stop within the assured clear distance, In violation of 75 Pa'C,S,A, ~ 3361; '(kJ 10 d",'o, h" "h'", "POO th, h'ghw., io , m"",,, "'d""",o, persons and property and In a manner with careless clisregard to the safety of others, 5 '. ~.. ,.. .:.' 16, As a direct and proximate result of the negligence of Ddendant, Andrea S. Karper, Plalntiffr Terry A, Sips, has suffered injuries, as set forth in paragraph 12 above, 17, As a direct and proximate result of thH negligence of tho Defendant. Andrea S, Karper, Plaintiff, Terry A, Sipo, has been ami will in the future, be hindered from performing the duties required by his usuai occupation and from attending to his dally duties and chores, to his great loss, humiliation, and embarrassment. 18, As a result of Defendant's negligence, Plaintiff, Terry A, Sipe, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of timei in tlw future, to his great physical, emotional, and financial detriment and loss, 19, As a result of Defendant's Iltigligence, Plaintiff, Terry A, Sipe, has been compelled, in order to effectuate a cure for aforesaid injuries, to expend money for medicine and medical attention and will be required to expend large SUIllS of money for the same purpose in the future, to his great detriment and loss, 20. As a result of Defendant's negligence, Plaintiff, Terry A, Sipe, has suffered a loss of life's pleasures, and will continue to do the same, to his great detriment and loss, 6 26 The occurrence of tho aforol110fltlonor.l collision and all of tlie rHsu/tant '01",'" to PI.'otl", l yO", It. l. S 'p', ." II" dI,,, t ",' '''",I". to co'" It 0' 00911n."", carelessness, or recklessness of the Detondant, AncJma S, Karper, as sot forth more specifically as fallows: (al In failing to keop il rfJasonable lOok for vehicles laWfUlly proceeding through the Intersection of West POmfret Street flnd SOl/th Orange Street; (b) In failing to be reasonably vigilant to observe the Sipe vehicle; (c) In failing to operate the vehlclo under proper and adequate cOntrol so that she cOl/ld avoid the Slpe vehicle (d) In failing to operate the vehicle In Sl/ch a manner so that she could apply the brakes to avoid the Slpe vehicle; (e) In falling to properly and adequately observe the traffic conditions then and there existing; (f) In failing to operate under the rules of the Motor VBhicle Code, more specifically, Careless driving In violation of 75 Pa, C,S,A, ~ 3714; (9) In failing to obey traffic Control devices In violation of 75 Pa. C,S,A, ~ 3112; R (h) In fellllng to obey the stop sign, to stop at the Intersection of West Pomlret Stroet and South Orilll[Jo Street, In violation of 7.5 Pa, 'l 28, As a result of Defendant's negligence, Plaintiff, Lynnette L, Sipo, has suffered great physical pain, discomfort, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her greflt physical, emotional. and financial detrimfJnt and loss, 29, As fi result of Defemc/ant's lIogli[Jenc:e, Plflintiff, Lynnelto L, Sipe, has been compelled, in order to effectuate a cure for aforc)sflld injuries, to expencl money for medicine and medical attention and will be required to expend large sums of money for the same purpose in the future, to her great detriment and loss, 30, As a result of Defendant's negligence, Plaintiff, Lynnetto L, Sipe, has suffered a loss of life's pleasures, and will continue to clo the same, to hor weat detriment and loss, 31, As the direct find proximate result of the Defendant's negligence, Plaintiff has sustained a loss of oarnings/income and will continue to do so in the future to her great detriment and financial loss, WHEREFORE, Plaintiff, Lynnette L, Sipo, seoks damages from Defendant, Andrea S, Karper, in an amount in excess of TwentHive Thousand doi/ars and 00/100 ($25,000,00), 10 32, Paragraphs 1 through 31 are incorporated herein as if fully set forth at COUNT IV LOss OfCONSORTlUIVj TERRY A, SIeE v. ANDREA S.-K8.am length, 33, As a result of the negligence of Defendant, the Plaintiff, Terry A, Sipe, has suffered a loss of consortium, Society and comfort from his wiffJ, L ynnette L, Slpe, and he will continue to suffer similar loss in the future, WHEREFORE, Plaintiff Terry A, Sipe, seeks clanlages from Defendant, Ane/rea S, Karper In an amount in excess of TWfJnty-five thousand dollars ($25,000,00), RespeCtfUlly Submitted, HANDLER AND WIENER Datet:J& (')C/ 9g By: 7 , (4L'/ David H R enberg, Esquire I,D, No, 0569 319 rket Street Harrisburg, PA 171 OB-1177 (717) 238-2000 A ttorney for Plaintiff II 10, Denied, Any and all allegations of negligence of Andrea Karper are denied and proof Is demanded at the tlmo of trial, Answering Defendant Is without Information or belief as to the truth of the aVllrments of tho balance of Paragraph 10; hence they are denied and proof Is demanded at the lime of trial, 11, Admitted, 12, Denied, The averments of Paragraph 12 state a conclusion of law to which no responsive pleading Is required, Answering Defendant Is without Information or belief as to the truth of the averments of the balance of Paragraph 12; hence they are denied and proof Is demanded at the time of trial. in the alternative, tho averments of Paragraph 12 are denied pursuant to Pa,RC,p, Rule lo29(e), 13, Denied, The averments of Paragraph 13 state a conclusion of law to which no responsive pleading is required, Answering Defendant Is without Information or belief as to the truth of the averments of the balllnce of Paragraph 13; hence they are denied and proof is demanded at the time of trial. In the alternative, the averments of Paragraph 13 are denied pursuant to Pa,RC,p, Rule 1029(e), 14. Answering Defendant incorporates the averments of Paragraphs 1 through and Including 13 herein and made a part hereof as if set forth in full, 15, Denied, The averments of Paragraph 15 are denied pursuant to Pa,R,C,p, Rule 1029(e), 16, Denied, Any and all allegations of the negligence of Answering Defendant are denied and proof thereof Is demanded at trial. Answering Defendant is without information or belief as to the balance of the averments of Paragraph 16; hence they are denied and proof Is demanded at the time of trial, Answering Defendant incorporates her response to Paragraph 12 as If set forth In full, 17, Denied, Any and all allegations of tho negligence of Answering Defendant are denied and proof thereof Is demanded at trial. Answering Defendant is without Information or 2 belief as to the balance of the averments of Paragraph 17; hence they are denied and proof Is demanded at the time of trial. 18, Denied, Any and all allegations of the negligence of Answering Defendant are denied and proof thereof is demanded at trial. Answering Defendant Is without information or belief as to the balance of the averments of Paragraph 18; hence they are denied and proof Is demanded at the time of trial. 19. Denied, Any and all allegations of the negligence of Answtlrlng Defendant are denied and proof thereof is demanded at trial. Answering Defendant Is without Information or belief as to the balance of the averments of Paragraph 19; hence they are denied llnd proof Is demanded at the time of trial, 20. Denied, An~' and all allegations of the negligence of Answering Defendant are denied and proof thereof Is demanded at trial. Answering Defendant is without Information or belief as to the balance of the averments of Paragraph 20; hence they are denied and proof is demanded at the time of trial, 21, Denied. Any and all allegations of the negligence of Answering Defendant are denied and proof thereof Is demanded at trial, Answering Defendant io without Information or belief as to the balance of the averments of Paragraph 21; hence they are denied and proof is demanded at the time of trial, 22, The averments contained In Paragraphs 1 through and Including 21 are incorporated herein and made a part hereof as if set forth In full, 23. Denied, Answering Defendant is without information or belief as to the truth of the averments of Paragraph 23; hence they are denied Ilnd proof thereof 18 demanded It the time of trial, Any and all allegations of negligence of the Defendant are denied and proof III demanded at the time of trial. 24. The averments of Paragraphs 1 through and Including 23 are Inoorporated herein and made a part hereof as if set forth In full, 3 25, Denied, The averments of Paragraph 25 are denied pursuant to Pa,RC,p, Rule 1029(e), 26, Denied, Any and all allegations of the negligence of Answering Defendant are denied and proof thereof is demanded at the time of trial. Answering Defendants are without information or belief as to the truth of the balance of the averments o,{ Paragraph 26; hence they are denied and proof is demanded at the time of trial. Answering Defendant incorporates the averments of Paragraph 13 of her Answer as if set forth in full. 27, Denied, Any and all allegations of the negligence of Answering Defendant are denied, Answering Defendant Is without Information or belief as to the truth of the averments of the balance of Paragraph 27; hence they are denied and proof is demanded at the time of trial, 28, Denied, Any and all allegations of the negligence of Answering Defendant are denied, Answering Defendant is without information or belief as to the truth of the averments of the balance of Paragraph 28; hence they are denied and proof is demanded at the time of trial. 29. Denied, Any and all allegations of the negligence of Answering Defendant are denied, Answering Defendant Is without information or belief as to the truth of the averments of the balance of Paragraph 29; hence they are denied alld proof is demanded at the time of trial. 30, Denied, Any and all allegations of the negligence of Answering Defendant are denied, Answering Defendant is without information or belief as to the truth of the averments of the balance of Paragraph 30; hence they are denied and proof is demanded at the time of trial, 31. Denied, Any and all allegations of the negligence of Answering Defendant are denied. Answering Defendant is without information or belief as to the truth of the averments of the balance of Paragraph 31; hence they are denied and proof Is demanded at the time of trial, 32, Denied, The averments of Paragraph 1 through and including 31 are incorporated herein by reference and made a part hereof as If set forth in full, 33, Denied, Denied, Any and all allegations of the negligence of Answering Defendant are denied, Answering Defendant is without information or belief as to the truth of the 4 -' L YNNETTE L. SIPE, and TERRY SIPE, her husband Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 1998.2057 : CIVIL ACTION. LAW : JURY TRIAL DEMANDED v, ANPREA S, KARPER, Defendant PLAINTIFJ;='S REP,=-Y tQ..NE-W MATTER AND NOW, comes the Plaintiffs, Lynnatte Slpe and Terry Sipe, by their attorneys, Handler, Wiener, Henning and Rosenberg by David H Rosenberg, Esquire, and replies to the Defendant's New Matter as follows: 34, Denied, These are conclusions of law to which a response Is not reqLlired, Should any response be required, these averments are specifically denied and proof thereof Is demanded at trial. 35, Denied, These are conclusions of law to which a response is not required, Should any response be required, these averments are specifically denied and proof thereof Is demanded at trial. 36, Denied, These are conclusions of law to which a response is not required, Should any response be required, these averments are specifically denied and proof thereof is demanded at trial. 37, Denied, These are conclusions of law to which a response Is not required, Should any response be required, these averments are specifically denied and proof thereof Is demanded at trial. WHEREFORE, Plaintiffs, Terry Sipe and Lynnette Sipe seek damages from Defendant, Andrea S, Karper in an amount in excess of Twenty-five thousand dollars ($25,000,00), Respectfully submitted, By: ~, , .. ,-, VERIFICATION We, Teny A. Sipe and Lynnctte L. Sipe, hereby verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief, We understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~4904 relating to unswol'l1 falsification to authorities, Date:d4 t,.( ci'6 1i~4~kl1fL Teny A. $fpe cIl,,,",'L. Sip, ~ TltOMAS, THOMAS & HAFER LLP OouOI.. B. Mar"ellll, hqulre :105 North hInt Slree' p,o, Bo. 999 Harrl.bu'lC, ",. 171OB.{J999 (717) 2SH238 1717) 237.7105 (Fa.) "..~~.._..,.._-,.__._----~-------. LYNETTE SIPE and TERRY SIPE, her husbilnd IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 911 - ;<OS? CIVIL ACTION - lAW Plaintiffs v, ANDREA I(ARPER JURY l'RIAL DEMANDED Defendant ..... - ..... CERTIFICATE OF SERVICE -- AND NOW, this 29th day Of~~ I, BARBARA A. ONORATO, iI legill Assistilllt i1t the Iilw firm of Thomas, Thomas & Hilfer, llP hereby certify thilt I sent ,1 true and correct copy of the foregoing Interrogiltories Directed to Plaintiff Torry Sipf~ by plilcing iI copy of the Siltne In the United States Mall, first class, postage prepaid, to the following: David H, Rosenberg, Esquire 1',0, Box 1177 Harrisburg, PA 17108 Date: January 25, 1998 ~ (). aUVv~ Bilrbara A. Onorato legill Assistant =