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Home My WebLink About01-05086 MICHAEL McCLO5KEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs . NO . ~~-~~~ G~ DEBORAH CLARK, CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED PRAEC%PE FOR WRIT OF SUfMION3 TO THE PROTHONOTARY: Please issue a Writ of Summons on the above named Defendant. Defendant, Deborah Clark, has the following address: Deborah Clark 128 Briar Patch Drive Carlisle, PA 17013 Respectfully submitted, ~~ ~~~~. Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ~y/3~/ U4 ID# 46430 Tel. (717) 763-1800 Date: d'/ ,~ ~ ~^, .~, ~~ ~ ~~. ® ~ ~ ~1 \~ Le'3 i=1 ~J -,. "L) I,!~ 7 -" <<~ rt _ C v~ ii ~' _ -_,' -1 tG =J . _,-~ Commonwealth of Pennsylvania County of Cumberland Michael McCloskey va Deborah Clark 128 Briar Patch Drive Carlisle, PA 17013 Deborah Clark To --------------------- Court of Conunon Pleas 01-5086 Civil No. ------------------------------------- 19---- Civil Action - Law In --------------------------------------------- You are hereby notified that Michael McCloskey the Plaintiff has commenced an action in ____~iyil _Fj~tion_ = Law _________________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) ,Curtis R__ Long________________ __ __ Prothonotary Date ______Au~ust 30,_ 2001 _____ 19____ B ~~~ _~_.,or,ftQ~, y ------ ,~" ~ /------ Deputy b g~ 1 1 ~ ' ' m o ~a r a Nm r ~~ o rt W ~O mry i i F+ a w Ir ~ wmrt ~~ N w n ; C/~ r w ~ c' I y ; ' ~ o N X n ~ M '~J h i r i Cl .- m i r• ~ i r rt ~ ro C ip C i w K q rn 9' UI 01 1 ~ r r 1 rrt m i ~+ i r~' r ~ N h ~C ~ ~ rt o o ~ E ... 1 p ~ ~ r -~ , ~ o i~~ 4 w r~ r j i i C ip ~ 1 1 (p J N 1 I ~ ~ ~ 1 1 n I ~ I b] 1 1 N' r d S x a N r O n r 0 N Y.' k z 0 1 1 1 1 to it icn 10 1~ 1~ 1 in ~ N. 1~ it 1 1 1 i 1 b 1 I SHERIFF'S RETURN - REGULAR CASE NO: 2001-05086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCLOSKEY MICHAEL VS DEBORAH RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS DEBORAH was served upon the DEFENDANT at 1945:00 HOURS, on the 19th day of September, 2001 at 128 BRIAR PATCH DR CARLISLE, PA 17013 by handing to DEBORAH CLARK a txue 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 18.00 Service 5.20 Affidavit .00 Surcharge 10.00 .00 33.20 So Answers: ~ a ~iOICsC.~~~K R. Thomas Kline 77 09/20/20^' PATRICK Sworn and Subscribed to before By: me this ~~ day of -~,~,-4J o2va l A. D . _\la.,, Q ~, 00 ~ .r P othonotary :..~ _ 02HB-00061 ~, LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp,, Hill, PA 17011 Telephone Number: (717) 731-0988 MICxAEi. McCLOSKEY, PLAIlVTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V5. DEBORAH CLARK, DEFENDANT No. 01-5086 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: TO F1I.E COMPLAINT Please enter a RULE upon plaintiff to file a Co ' t within 20 s ereof suffer the entry of a Judgment of Non Pros. nald R. Dorer, Esquire Date: April 12. 2002 Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this _~~day of _ _ ~~( , 2002 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. PROTHONOTARY ~. 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp, Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clarl MICHAEL McCLOSKEY, PLAINTIFF IN TIIE COURT OF COMMON PLEAS ClrnnsERLAND COUNTY, PENNSYLVANIA VS. DEBORAH CLARK, DEFENDANT No. 01-5086 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecioe for Rule to File Com lp aint to be served by regular first class mail upon: Marlin L. Mazkley, Esquire Law Offices of Patrick F. Lauer, 7r. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: April 12, 2002 Donald R. Dorer, Esquire Attorney for Defendant ~, c> c_ v ~; ~~Tt ~ ;,`f .It r;'fl ~`+ _~ 1 1'. :< <~ '~ ' (;e ~ ' _ RF:. .. :,., . _, y5@M~Y.%+': SnT:K .~ ::ca .u, qi. a.;. S.^F.K.°h~.iTi~~~~`.. y -.. _ F 02I1B-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 MICHAEL MCCLOSKEY, PLAINTIFF VS. DEBORAH CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CIVIL TERM CIVIL. ACTION - LAw JURY TRL1L DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Deborah Clark. Respectfully submitted, LAW O CES OF JACOB ABA /~/~ By: f /t/ Donald R. Dorer, Esquire Attorney for Defendant Identification No. 39126 Date: Apri112, 2002 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant. Deborah Clar MICHAEL McCLOSII;EY, PLAIlVTYFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DEBORAH CLARK, DEFENDANT NO.Ol-5086 CIVIL TERM CIVIL ACTION -LAW JURX TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Apneazance to be served by regular first class mail upon: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, 7r. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: Aril 1D 2- 2002 Lonaia x. Lorer, rsquire Attorney for Defendant - ~Y (~ (- _ ~~ S i -' ~W ' Z~ i . ~ Y (Ti rl ~"r G... .:. C;`I ; - '~(_7 L. ` Y3 ' ~ ?~ ~_ itii =J rr, ~ _~ J'I -G FT -~ YFF. _ _ _.-.. .._.. MICHAEL McCLOSKEY, Plaintiff vs. DEBORAH CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-5086 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BEIAW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MICHAEL McGLOSKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-5086 Civil Term DEBORAH CLARK, CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED COMPLAINT IN CIVIL .ACTION AND NOW, comes the Plaintiff, Michael McCloskey, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., and files this Complaint in Civil Action and, in support thereof, avers as follows: 1. The Plaintiff, Michael McCloskey, is an adult individual who currently resides at P.O. Box 3183, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Deborah Clark, is an adult individual who currently resides at 128 Briar Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about October 13, 1999, at approximately 5:30 p.m., the plaintiff, Michael McCloskey, was operating a 1987 Nissan Pick-up Truck. 4. On or about October 13, 1999, at approximately 5:30 p.m., the defendant, Deborah Clark, was operating a 1994 Pontiac Trans SP. 5. The plaintiff and defendant, were traveling in their respective vehicles on Bernheisel Bridge Road, Middlesex Township, Cumberland County, Pennsylvania. 6. On the aforesaid date and time, plaintiff was traveling northbound while defendant was traveling southbound on Bernheisel Bridge Road. 7. On the aforesaid date and time, defendant attempted a left hand turn across traffic and struck plaintiff's vehicle. 8. On the date, time and place aforesaid, the defendant, Deborah Clark, so negligently, carelessly, recklessly and wantonly operated her motor vehicle so as to cause it to strike and come in contact with the front drivers side bumper and fender of the vehicle which plaintiff was operating, resulting in the serious and severe injuries to plaintiff which are more fully set forth. 9. The collision, and the resulting injuries and damages to plaintiff, Michael McCloskey, were caused directly and proximately, by the negligent, careless, reckless and wanton behavior of defendant, Deborah Clark, as follows: a. In failing to keep and maintain vehicle under proper and adequate control; b. In failing to promptly and properly apply the brakes and other stopping devices of said vehicle; c. In failing to slow, stop, turn aside, reduce speed or take any other action to avoid colliding with the vehicle which plaintiff was operating; d. In failing to be properly attentive while operating said motor vehicle; e. In failing to observe the vehicle which plaintiff was operating, which was traveling in compliance with the law; f. In failing to yield the right-of-way to plaintiff's vehicle; q. In failing to drive her vehicle with due regard for the roadway and traffic conditions which were existing and of which she was or should have been aware; h. In driving her vehicle upon the roadway in a manner endangering persons and property and 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. 10. The accident was caused by the negligent, careless, reckless and wanton behavior of the defendant, Deborah Clark, as set forth in paragraph 9 above, and in no way was caused by the plaintiff, who was operating a vehicle in compliance with traffic conditions and laws on Bernheisel Bridge Road when it was struck by defendant. 11. The plaintiff, Michael McCloskey, sustained various severe injuries and suffered damages as will hereinafter be set forth. Said injuries and damages were caused by the negligence of defendant, Deborah Clark, in some or all of the following particulars: a. Severe pain in the lumbar and cervical regions of his back; b. Injury and damage to the bones, muscles, nerves, nerve roots, ligaments, tendons, cartilage, blood vessels, soft tissues and underlying organs in the following areas: i. Cervical spine; ii. Lumbar spine;. iii. Shoulder, elbow, arm, wrist, hand and thumb; iv. Both feet and ankles; v. Left knee; and vi. Jaw. c. Posttraumatic Stress Disorder (PTSD); d. Some and/or all of these serious injuries have or may result in a serious impairment of a bodily function; and e. Severe headaches. 12. As the direct and proximate result of the negligent, careless, reckless and wanton behavior of the defendant, Deborah Clark, the plaintiff has sustained the following damages: a. Great pain, inconvenience, humiliation, embarrassment and mental anguish, past and future; b. Loss of well being and loss of many of the enjoyments of life and life's pleasures, past and future; c. Permanent impairment of his general health, strength and vitality; d. He may incur medical expenses which exceed the sums recoverable under 75 Pa.C.S. Section 1711 et seq.; e. Anxiety triggered by driving; and f. His earning power or capacity has been reduced and/or permanently impaired. 13. Plaintiff 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 therefore. 14. Prior to the accident, plaintiff, Michael McCloskey, pursuant to Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law, had made an election and/or is deemed to have made an election to retain the right to maintain and/or pursue an action for non-economic damages resulting from injuries sustained in a motor vehicle collision, as a result of the nature of the injuries sustained by him, as listed above. WHEREFORE, the Plaintiff, Michael McCloskey, respectfully demands judgment against defendant in an amount in excess of the jurisdiction of the compulsory board of arbitrators of this county. Respectfully submitted, Marl n Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building ~~ ZC~O Camp Hill, Pennsylvania 17011-4706 Date: Z ID# 84745 Tel. (717) 763-1800 MICHAEL MCCLOSKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 01-5086 Civil Term DEBORAH CLARK, CIVIL ACTION - LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED I verify that the statements made in this Complaint are 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. Date: ~ ~ ~ 1-~' Signature MICHAEL McCLOSKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.01-5086 Civil Term DEBORAH CLARK, CIVIL ACTION -LAW Defendant PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R. A. P. 906: Service by first class mail: Donald R. Dorer, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date: ~'~'2vOZ. Marli L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 MICHAEL MCCLOSKEY~ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DEBORAH CLARK DEFENDANT No. 01-5086 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, DEBORAH CLARK, TO PLAINTIFFS COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7.- 14. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. § 1029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. NEw MAa°rER 15. Paragraphs 1 through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfiilly submitted, LAWiE,S OF 7tXCOBS,Bs SABA Attorney for Defendant Identification No. 39126 Date: M~ 24, 2002 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clar MICHAEL MCCLOSKEY, PLAINTIFF 9S. DEBORAH CLARE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5086 CIVIL TERM CIVIL. ACTION - LAw JURY TRIAL DEMANDED VERIFICATION I, Deborah Clark ,verify that the statements made in the foregoing Answer with New Matter of Defendant. Deborah Clark. to Plaintiff's Com 1~amt ,which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be tme. And further, this Verification is signed on the recommendation of my attorneys, who advise me Wat the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are wmplete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Dated: ~~~D,IOo-'-- G~~ eT~k ~r-- ~~~~~ ~Q. 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clan: MICHAEL MCCLOSKEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DEBORAH CLARK, DEFENDANT No. 01-5086 CIYIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Doren, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer with New Matter of Defendant. Deborah Clark. to Plaintiff's Complaint to be served by regular first class mail upon: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, 7r. 2108 Market Street, Aztec Building Camp IFill, PA 17011 Date: May 24. 2002 Attorney for Defendant C ~ S'„') L e. ~ ,~ ~~~`r f?lr~ _' :., _ _ <:;__- ~~ -- ~--ti '6: - ! r ,- ~~„ J ':> ''" ~,~ z 02IIB-00061 IVIICIiAEL 1VICCLOSKEY, PLAINTII;'P' VS. DEB®RAII CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMItERLAND COUNTY, I~ENNSYLVANLI NO, 01-5086 CIVIL. PERM CIVIL. ACTION - I.Aw JURY TRIAL DEMANDED PRAF.CIPE TO SETTLE, DISCONTINUE AND END T® TfIE Plt®TH®NOTARY: Please mark the above-captioned case settled, discontinued and ended. By: Law~i}ices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp I3i11, PA 17011 Attorney I.I3.1f ~(~ ~ f ~ Attoraey ffor Plaintiff Date: 9- z ~~ 2 v r~ 2 Michael McCloskey, Plaintiff, vs. Deborah Clark, Defendant IN THE COURT OF COMMON PLEAS CiJMBERLAND COiTNTY, PENNSYLVANIA No.: 01-5086 Civil Term CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 1701 ,,, Date: October 9, 2002 Donald R. Dorer, Esqui Attorney for Defendant r> ,~ r_ 3-,~ - ~ r: , 4D _ ~~.` (_~ C~ (.7 _. :~:~ ~ __ _ -i ~ -- C7 ~~ ~ _~ eJ ..~ -< ~. _ - _ ,-. a, - .. w~~.~:'.:~~ k~ ~ 'r+tiF c ssmrax±siw,,,,rx~m~~sesrt~kfiiJ"[i'~+~mi. _