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Home My WebLink About00-07513 - . . . -':'Ii WINONA DIVELY -ANDIORlO, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. tfZJ- 75/J tuu.J DAVID BECKER; an entity known as BECKER'S SERVICE CENTER; and SEAN MCCONNELL, DEFENDANTS. 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 judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, P A (717) 236-8932 . .~ ~ " -,--" .c-._ ~ ~ ,-' - c~;,! WINONA DIVELY-ANDIORIO, PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW NO. DAVID BECKER; an entity known as BECKER'S SERVICE CENTER; and SEAN MCCONNELL, DEFENDANTS. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en 1a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de 1a fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en las corte en forma excrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo 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 otros derechos importantes para usted. LIEVE ESTA DEMAND A A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LIAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUSENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUECE CONSEQUIR ASISTENCIA LEGAL. Central Pennsylvania Legal Services 213-A North Front Street Harrisburg, P A (717) 236-8932 - IA-' I '-" o "~. "ii:~_' WINONA DIVELY -ANDIORIO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, vs. : ! CIVIL ACTION - LAW NO. 0-0- 7S/3 ~T~ , DAVID BECKER; an entity kllown as BECKER'S SERVICE CENTER; and SEAN MCCONNELL, DEFENDANTS. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Winona Dively-Andiorio ("Dively"), is a resident ofthe Commonwealth of Pennsylvania, and an adult individual who resides at 612 Range End Road, #63, Dillsburg, Pennsylvania. 2. Defendant and driver of the vehicle, Sean McConnell ("McConnell"), is an adult individual and resident of the Commonwealth of Pennsylvania who resides at 329 Glenn Road, Camp Hill, Pennsylvania. 3. McConnell was at all times an employee, agent and servant of David Becker and Becker's Service Center. 4. David Becker and his company Becker's Service Center, jointly referred to as "Becker", is the owner of the vehicle and principle of McConnell. Becker operates his business in the Commonwealth of Pennsylvania located at 3150 Gettysburg Road, Camp Hill, Pennsylvania. 5. The facts and occurrences hereinafter related took place on or about July 16, 1999 at approximately 4:40 p.m. at or around the RossmoynelWesley Park exit off of Route 15, Lower Allen Township, Cumberland County, Pennsylvania. . ~_.. I'~, I " ~ .' 'i'" ii' 6. At that time and place, Dively was operating her vehicle in an eastbound direction on Wesley Drive. 7. At that time and place, McConnell was operating his vehicle in a westbound direction on Rossmoyne Road nearing the bridge over Route 15. 8. At the stated location, Rossmoyne Road is a two-way, four-lane roadway with two lanes of travel eastbound and two lanes of travel westbound with traffic being regulated by a traffic signal . 9. Dively was proceeding on a green traffic light as she attempted to turn onto the ramp entrance leading to Route 15 North. 10. Dively was stopped for traffic and was in the middle of the intersection when the traffic signal turned red. 11. When the traffic stopped, she proceeded to clear the intersection when she was struck by McConnell, who proceeded after his light turned red. 12. Ms. Dively's'vehicle was struck on the passenger side, throwing her into the guard rail on the driver's side. Ms. Dively's car was totaled. , 13. The air bag deployed at the time of impact. 14. McConnell's tow truck was hauling an automobile in the back at the time of the accident. 15. As a direct and proximate result of the accident, Dively was transported by ambulance to the Holy Spirit Hospital Emergency Room where she was treated for, among other things, an orange-size knot on her head, chest pain and bruising, burns to the left hand, and a broken left hand. Dively also had lower teeth knocked loose at the time of the accident. In the emergency room, the hospital performed an EKG, x-rays and a CAT scan. , '<' J,,^ C> '-" , ; ""'iJ\j'k' 16. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Dively are tpe direct and proximate result of the negligent, careless, wanton and reckless manner in which McConnell operated his motor vehicle as follows: a. failure to stop at a red light; b. failure to keep alert and maintain a proper watch for vehicles traveling along the highway; c. failure to keep proper and adequate control over his vehicle; d. driving his vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 17. By reason of the aforesaid injuries sustained by Dively, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 18. Because of the nature of her injuries, Dively has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 19. As a result of the aforementioned injuries, Dively has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of some oflife's pleasures and enjoyment, and claim is made therefor. 20. Dively continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries are of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is ,made therefor. 21. As a result of the accident, Dively has sustained a permanent impairment of bodily function and her life has been affected in a severe and permanent manner. '. . ""I, ~< ' ", n-'-"' ':"T>! 22. As a result of the aforesaid accident, Dively has sustained monetary damages including, but not limited, complete care damage expenses, and claim is made therefor. WHEREFORE, Plaintiff Dively demands judgment against Defendant McConnell in an amount in excess of$ 35,000.00, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, DATE: /O-,JfJ-cO Stephe . Pedersen, EsqIDre 1. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA l7011 (717) 763-1170 Counsel for Plaintiff ~. __ -,.1' >.:. i - ,- " , "L':"~ < VERIFICATION I, WINONA DIVELY-ANDIORIO, hereby verify that the facts contained in the I foregoing COMPLAINT are truj: and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. :(?#d?Jd.. e,L~~ Winona Dively-Andiorio (/ Dated, this / / - day of {!1o.L , 2000. ,_~1!iMili\l~il:"'ih",~,'M-Si",g;-M~~_I1.";k"#'''.:,;,,]''',:c'jj,,d;';,i'-'-6\l'~&iW~0"',~'\Jf.W'_~,"",3:*-\;IUJiiM<J{o<!~;or._j~~illi!iilll;Wit~' ~... . 'rlJiiH....d \1 'i' it ~. ~ ~ ~ ~ (~ ;_h') ~ C~ C) ~ ;:;:0-- a & c:::s IJi-;' C) B Cn(~ ---j \j ~;:L ':'--) Cf:;: .~ _.. C;; \ " \, 1-:_: -" ~ ~ \. . ~ ~~;: ~ \ ~ :2'::: ~T1 ~ ~ -' }J -< ~ ~'.^' ~,""' , ~"=.. =<< .., ."-. ~,~ ,'-~.~- -,-" ""'- . ~ ' ,~ ,r ," F._'~,', ,~~ - ,~'_h _I "" <'--,-,:, - ,....-,'.i...I- - 'ii:' '-~' ""'-',', WINONA DIVELY -ANDIORlO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. CIVIL ACTION - LAW NO. DAVID BECKER; an entity known as BECKER'S SERVICE CENTER; and SEAN MCCONNELL, DEFENDANTS. JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve, by deputized service, Defendant Sean McConnell, driver of the vehicle, at his place of residence at 329 Glenn Road, Camp Hill, Pennsylvania, by leaving a copy of the enclosed Complaint with him or with an adult relative or with an adult person in charge at that time. Also serve, by deputized service, Defendant David Becker, Becker's Service Center, owner of the vehicle, at the business located at 3150 Gettysburg Road, Camp Hill, Pennsylvania, by leaving a copy of the enclosed Complaint with him or with an adult person in charge at that time. Respectfully submitted, Stephe R. Pedersen, Esquire I. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA l7011 (717) 763-1170 Counsel for Plaintiff DATE: IO-20'-(}[) . "..L ~ ~ ~ ~ .-." ~'. '=)f'.:, , SHERIFF'S RETURN - REGULAR < CASE NO: 2000-07513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIVELY-ANDIORIO WINONA VS BECKER DAVID ET AL DAWM L. KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BECKER DAVID A/E/K/A BECKERS SERVICE CENTER the DEFENDANT , at 0010:49 HOURS, an the 25th day of October 2000 at 3150 GETTYSBURG ROAD CAMP HILL, PA 17011 by handing to MIKE (EMPLOYEE, WHO REFUSED TO PROVIDE A LAST NAME) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: .. "I dv:'/:c, ~~. ,~/,.,#v ~-#4'. .~~"." ~~"'-',# ,...,,~;;,~ ~ ," , R. Thomas Kline 11/21/2000 PEDERSEN & PEDERSEN Sworn and Subscribed to before By: ~QuYn g VQ d Deputy Sheriff me this 3b~ day of 'w: ~ AD Q.~~' rothonotary -~ < >, . - 'l.IlIilil- '..",""""-I~,"'^" , SHERIFF'S RETURN - REGULAR <' CASE NO: 2000-07513 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIVELY-ANDIORIO WINONA VS BECKER DAVID ET AL DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCCONNELL SEAN the DEFENDANT , at 0019:38 HOURS, on the 20th day of November, 2000 at 397 HIGH ST APT 5 WEST FAIRVIEW, PA 17025 by handing to SEAN MCCONNELL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 9.92 .00 10.00 .00 25.92 So Answers: ~~d/<!~( R. Thomas Kline 11/21/2000 PEDERSEN & PEDERSEN me this 3tJilv day of By: ~ ~ W Deputy Sheriff Sworn and Subscribed to before 't1,~ ~ A.D. ~Ofu1~ ~. prothonotaryl ~, WINONA DIVELY -ANDIORIO, PLAINTIFF, VS. DAVID BECKER; an entity known as BECKER'S SERVICE CENTER; and SEAN MCCONNELL, DEFENDANTS. TO THE PROTHONOTARY: I... L" - .', -: J .~-- . '. _ili>' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 2000-07513 JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned case settled, discontinued and ended by reason of settlement between the parties. DATED: Decemberl, 2000 Respectfully submitted, ,~ib'"~,, -,., -''''olMi!l!ti'",,"~m;e,\';N>;jjrMII!I~W;~~..;,t~.@l~~~illiW'!MitUi2.~,L<g,~JiJijM. iii II ",~ ~~~~~ ,.-" . - 181 II I I i ~ c:> 0 c:> ."f1 -a~ <::) .-{ f'1 ~;2 ~m n ;:Q I ~;I~ ~~ (jl ~-:::'i'~ r:: . ::Po -F' "1"', "C -,.....-n ~g :;i:: 0;;;) z_ :-t 5>~ <.0 ~ ., 3 U1 ~ -< ,0 7