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Home My WebLink About00-05797 '~ - ---, ''"- ",0 ~'_ ' ,. _~"_-'i: SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Defendant NO.: 0::> - .5"797 CIVIL ACTION-LAW JURY TRIAL DEMANDED Cu~CT~ v. CAROL REED, NOTICE TO DIEFEND 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 request 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 CElIiI'tftSIiS8 2 Uberty Avenue Carlisle, P A 17013-3387 Telephone: (717) 249-3166 ~a12- A!>aCl ~'~-0 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias do plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 ~- ,.-,- sus objeciones alas demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificllcion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 Arcfi . Diveglia, Es uir Attorney for Plaintiff 119 Locust St. Harrisburg, PA 17101 (717) 236-5985 D.~ g~~l By: SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: v. CAROL REED, Defendant CML ACTION-LAW JURY TRIAL DEMANDED COMPLAJrNT AND NOW, this ~ay of August, 2000, comes the Plaintiff by and through her attorneys, Diveglia & Kaylor, P.C., and in support of her Complaint avers as follows: 1. The Plaintiff, Sharon Smith, is an adult individual who resides at 673 Gap Road, Lewisbeny, York County, Pennsylvania, 19339. 2. The Defendant Carol Lee Reed is an adult individual who resides at 1134 Rana Villa Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On May 11, 1999 at approximately 10 A.M., Plaintiff was leaving the Weis store at the Shiremanstown location at Simpson Ferl)' Road at Wesley Drive and was on the parking lot in an almost stopped position facing Wesley Drive. 4. At the above said time and place, the Defendant was entering into the parking lot of the same store when she drove into the vehicle driven by the Plaintiff, causing serious damage to the vehicle and injuries to the Plaintiff. 5. The injuries incurred by the Plaintiff include severe bruising of the left forearm, knee injury, neck pain, nausea, headaches and jaw pain that which was eventually diagnosed as TMJ injury and Myofascial Pain Dysfunction Syndrome. Treatment of the tempomandibular joint for this condition has been an inter-occlusal TMJ splint. 6. As a result of Plaintiffs injuries, she has incurred great pain, discomfort and mental stress, as well as loss of ability to concentrate and memory loss. 7. Plaintiff has incurred temporomandibular joint syndrome which may be permanent in nature. 8. Plaintiff has selected full tort options on her insurance policy. 9. The above said injuries and losses were a result of the negligence of the Defendant where negligence is as following: a. She failed to observe where she was going. "----'-,> " > "".,~ . . b. She failed to yield to right-of-way to Plaintiff who already at a nearly stopped position. c. She was driving at a speed too fast to keep her vehicle under control and to come to a stop within a clear distance ahead. d. She entered into the parking lot at a speed to high for her to maintain control of her motor vehicle. WHEREFORE, Plaintiff Sharon Smith, demand judgement against the Defendant, Carol Reed, for a sum in excess of $35,000.00. Respectfully Submitted, Dated:--# By: Archie V. Diveglia, Attorney J.D. #17140 119 Locust Street Harrisburg, PA 17101 (717) 236-5985 Attorney for Plaintiff ... - ~'. <_ d,. ,;,,,,,";_.~>' ,,>, '_ ., ,", - - - ......~ . . . ' VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. I have read the Complaint and to the extent that it is based upon information which I have given to our counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. g-7- c2tJOO Date ~ I, /J Wl~ Sharon Smith 'J lm~qli",,~~j, - ~~ltm,,],('''j;,*~ "j"-,~IlW..:'.'c...~ " l~ '.'f\:i"'.-,'L!~- , ~ ,~ '\; [ t; [ I f I I: ! , \: t t j, ~ I I' I I, ~ i " I I: I: ! I l i; I' I I '.'- , . 0 0 0 ~ C 0 "TI ~ -Ig. s:: "'" --{ 8 (') ~ ~ "Ut.e c:: r:l" rnfTl G':) , ,- rt. h () 2::0 N -OfTl ZC;:: ~:'JO B . en ~; N ,..::)1.- l-1 8 ~ -<...< m~jC) !<.'D ""0 ~~~ "- r-- d?; l::; ::u: 8 rS- I , ~o - ~ Pc .. r~ z (J1 55 .... ~ V, N -< ~ t'f " ~'"~~.. ~ ~ ~. -.~. III ,....- - E '''-.....~-c r SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05797 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SMITH SHARON VS REED CAROL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT REED CAROL but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , REED CAROL DEFENDANT COULD NOT BE SERVED AT ADDRESS STATED PRIOR TO EXPIRATION DATE OF 09/21/00 Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 9.30 5.00 10.00 .00 42.30 s~.n~~e s~.... ..~ / U.-. R. Thomas Kline Sheriff of Cumberland County DIVEGLIA & KAYLOR 09/25/2000 Sworn and subscribed to before me this Ir~ , day of (P~ ;21)-1/V A. D. Qt' 0 'In,oil."" ~ Pr t onotary ,,,," ,'., ",- ,"_"...;r" ,', ~ - ,-,""" - '-'" ,- '--, ~ ~ iilI ""A" SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO.: 60- .5'197 C;()~l 't~ CAROL REED, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED 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 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 request 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 CBlIrtBBlIse g~ {:)o;;;saa-:;rl./Q.,J 2 Liberty Avenue Carlisle, P A 17013-3387 Telephone: (717) 249-3166 TRue COpy FROM RECORD In Testimony whereof, 'I here ullto Sit my hand and the seal of said ('".. ,.";~ C I' ~.. c,' " " '''''''', rt.... ar ISle. Pa. ~ '~ ~ '-- 'i'; ~. . ~. c71f d NOT I C I A "Prothonotary Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expllestas en las paginas siguientes, listed tiene viente (20) dias do plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otfos derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 N. Front Street Harrisburg, PA 17101 Telephone No. (717) 232-7536 Arcfi . Diveglia, Es uir Attorney for Plaintiff 119 Locust St. Harrisburg, PA 17101 (717) 236-5985 D,red 8;4 job By: ." ...-,~ " , '~..; ,,"-;,. "-':'.'" '.'- ~" ~-- - ,~ SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO.: CAROL REED, Defendant CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this ~ay of August, 2000, comes the Plaintiff by and through her attorneys, Diveglia & Kaylor, P.c., and in support of her Complaint avers as follows: 1. The Plaintiff, Sharon Smith, is an adult individual who resides at 673 Gap Road, Lewisberry, York County, Pennsylvania, 19339. 2. The Defendant Carol Lee Reed is an adult individual who resides at 1134 Rana Villa Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. On May 11, 1999 at approximately 10 A.M., Plaintiff was leaving the Weis store at the Shiremanstown location at Simpson Ferry Road at Wesley Drive and was on the parking lot in an almost stopped position facing Wesley Drive. 4. At the above said time and place, the Defendant was entering into the parking lot "". '-."; -,.,.""-,,,-, - . , ' of the same store when she drove into the vehicle driven by the Plaintiff, causing serious damage to the vehicle and injuries to the Plaintiff. 5. The injuries incurred by the Plaintiff include severe bruising of the left forearm, knee injury, neck pain, nausea, headaches and jaw pain that which was eventually diagnosed as TMJ injury and Myofascial Pain Dysfunction Syndrome. Treatment of the tempomandibular joint for this condition has been an inter-occlusal TMJ splint. 6. As a result of Plaintiffs injuries, she has incurred great pain, discomfort and mental stress, as well as loss of ability to concentrate and memory loss. 7. Plaintiff has incurred temporomandibular joint syndrome which may be permanent in nature. 8. Plaintiff has selected full tort options on her insurance policy. 9. The above said injuries and losses were a result of the negligence of the Defendant where negligence is as following: a. She failed to observe where she was going. '<"- " ,',' ,__ ,"_ ,',,,",,C.; ~, . _ ' '_", ,_ "'-- , "r" . ' . . b. She failed to yield to right-of-way to Plaintiff who already at a nearly stopped position. c. She was driving at a speed too fast to keep her vehicle under control and to come to a stop within a clear distance ahead. d. She entered into the parking lot at a speed to high for her to maintain control of her motor vehicle. WHEREFORE, Plaintiff Sharon Smith, demand judgement against the Defendant, Carol Reed, for a sum in excess of $35,000.00. Respectfully Submitted, Dated:~ By: Atchle V. Diveglia, Attorney I.D. #17140 119 Locust Street Harrisburg, PA 17101 (717) 236-5985 Attorney for Plaintiff . ' . ' VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. I have read the Complaint and to the extent that it is based upon information which I have given to our counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 8'~?- dtJvtJ Date xllza1617 ~ Sharon Smith ~ 1 ~ ~~ .t~IiiIlllllial~ililmlllililii~~_,,,",,,.,m'<I!l<.\i)~l~..'filil-" . ' ~='., ~,~ - , , ~~,,_.., H_'_ ,." --~ ,,'.",' ,>- ,~ ", . ~, . , . , ." -~ ~" ,- . . , I I I I I ~I ~ ~ ~ ~ ~ ~ eeJ ~ ~ '.'--' ,~ .- - ~,,~ ..~'" SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.: 00 - S797 C;D~ l v. CAROL REED, Defendant CML ACTION-LAW JURY TRIAL DEMANDED PRAECIPE Please reinstate the Complaint in this matter and forward it to the Sheriff for service. Respectfully Submitted, . V. Diveglia, s Attorney J.D. #17140 119 Locust Street Harrisburg, PA 17101 (717) 236-5985 Dated: l)-'Z--z..-CJo By: Attorney for Plaintiff j,,, '. " ~.~- - "'~~W:mii~mi~llal>.l~!'I'J!'!H;;)_.':-;.~':!<llMt<~.mM'~'.lIla'i1iM" . ,-.."'" ~'i';"JIiI.~-"'- ~.'i~"'~~' '~lil - ,~ -,,' I I -,-, (") (.:) C C) ~: "'''.- U r"", C) m !....;_:. :z z r-' ,0 co 0) --,,, ~,_~i -~ r. c: ,- """D ; .. .;0- .P () ~~ '-=,! Z C'.i ~2 )> c ~,~~ , , 2: ~ ..~-: ::;J f'0 =0 " -< .., ~ ~~'. ""'- . SHERIFF'S RETURN - REGULAR CASE NO: 2000-05797 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH SHARON VS REED CAROL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REED CAROL the DEFENDANT , at 0020:10 HOURS, on the 7th day of December, 2000 at 2 PATTON ROAD MECHANICSBURG, PA 17055 by handing to CAROL REED 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 18.00 6.20 .00 10.00 .00 34.20 So Answers: r-~r/~~e R. Thomas Kline 11/08/2000 DIVEGLIA & KAYLOR me this ~ I'I~ day of Sworn and Subscribed to before By: ~,;2e-uv A.D. ~c.~~' P othonotary , . ~ -- ,~~- ~. - " -, - ,"''''.... ,,-- - -~, '., , SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5797 CIVIL TERM CAROL REED, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECXPE FOR APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Carol Reed in the above-captioned matter. WIX, WENGER & WEIDNER 12 . BY' ~. I{, W~ Richard H. Wix, I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 1;2"/9'00 ~ SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5797 CIVIL TERM CAROL REED, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Sharon Smith; and Archie V. Diveglia, Esquire, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER By "'8 j('~ N Wh- Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: ,1/"11 ~l ~,< '''~ '0 ~o~ --,", -'-"'___',_~\", d_' "._ SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5797 CIVIL TERM CAROL REED, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW COMES the Defendant, Carol Reed, by her attorneys, wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiff's Complaint: 1. Admitted. 2. Admitted. 3. It is admitted that Plaintiff was leaving the Weis store on May 11, 1999, the remaining averments are denied as stated. 4. Denied. 5. Denied. 6. Denied. 7. Denied. 8. Defendant can neither admit nor deny the allegations of paragraph 8 and proof thereof is demanded. 9. Denied. NEW MATTER 10. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. ~ " ' ,;" H' _"._ _".' ^ "'_"~~_'__ ,.~;; ';"~ 11. Plaintiff's claims are barred in whole or in part by the Pennsylvania Comparative Negligence Act in view of Plaintiff's own contributory negligence. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, WIX, WENGER & WEIDNER By ~(':k......L {.{ W,,-x Richard H. wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: t Jlq/~l 2 VERIFICATION I, Carol Reed, have read the foregoing Defendant's Answer with New Matter which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. , Dat~: //Vt/ :;'001 ~i3J. 1 Reed CERTIFICATE OF SERVICE AND NOW, this 19th day of January, 2001, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiff's Complaint this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Archie V. Diveglia, Esquire DIVEGLIA & KAYLOR, P.C. 119 Locust street Harrisburg, PA 17101 WIX, WENGER & WEIDNER BY--&(,~_ d.~ Richard H. wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 , -~- ;~ SHARON SMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO.: 00-5797 CAROL REED, Defendant CML ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: THE PROTHONOTARY Please discontinue the above-captioned matter. All claims of Plaintiff are settled in full. Respectfully Submitted, DIVEGLIA & KAYLOR, P.c. Dated: 8-U>-oI Attorney for Plaintiff --~ '-~.,,: '~.. 'dm ""IM '~ t:UI'ir'IiMiti;-IIiliMJ~,;j,l~~~!li,~i(1Ii!ili!.r ~~ ~.='**,I'-" , ~ . . , ""i>~ " o C ? -v 0:; n1r.-: z~. 65S r-S;i; ~.....,.' >- zO -0 ).'>c': ~ ''-' Ii,..'.' ii ,. tli '.::-:,~ J> C) ;'0 " ' GJ N CT\ ;'- -:.["':-: ~ ::..0 -<