The URL can be used to link to this page

Home My WebLink About99-03030 ad aarr s,R fT v' r? .,aar rxr? P Yf ?hf?: LINDA S. MILLER, Plaintiff V. GAY L. BRACKBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q f -- 3030 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 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 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 HAVE 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LINDA S. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GAY L. BRACKBILL, CIVIL ACTION - LAW NO. Defendant . JURY TRIAL. DEMANDED NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Listed puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LINDA S. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL, ACTION - LAW ?. .A V. NO. 99. J030 C? e GAY L. BRACKBILL, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Linda S. Miller is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 307-B North Bedford Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Gay L. (Miller) Brackbill is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at Emlet's Trailer Park, 950 Orchard Avenue, Trailer # 27, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 22, 1997, at approximately 11:00 a.m., on Mooreland Avenue at West South Street, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Linda S. Miller was operating a 1983 Buick Regal and was travelling eastbound on West South Street, Carlisle, Cumberland County, Pennsylvania. 5. At that time and place, Defendant Gay L. Brackbill was operating an automobile, registered in Pennsylvania, with the license plate number ACP-0076, and was traveling northbound on Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania. ia8t7m/.Ca 6. Traffic travelling on Mooreland Avenue is controlled by a stop sign. There are no stop signs.or other traffic control devices for traffic travelling on West South Street. 7. At that time and place, suddenly and without warning, Defendant Gay L. Brackbill failed to stop for a stop sign and failed to yield the right-of-way to the Plaintiff Linda S. Miller. 8. At that time and place, Defendant Gay L. Brackbill, failing to yield the right-of- way, failed to stop for a stop sign, violently collided with the passenger side door area of the Plaintiff's automobile causing serious injury to Plaintiff. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Linda S. Miller are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Gay L. Brackbill operated her automobile as follows: (a) failure to keep alert and maintain a 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 yield the right of way; (d) failure to take reasonable evasive action to avoid the accident; (e) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (f) failure to keep proper and adequate control over her vehicle; (g) failure to stop for a stop sign; and 1) (h) driving her vehicle upon the highway 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. As a result of the aforementioned accident, Plaintiff Linda S. Miller sustained painful and severe injuries which include, but are not limited to, severe cervical, lumbar, and dorsal strains causing the pain to radiate into her legs. 11. As a result of the aforesaid injuries sustained by Plaintiff Linda S. Miller, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Linda S. Miller has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. II 13. As a result of the aforementioned collision and resulting injuries, Plaintiff Linda S Miller has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. Asa result of the aforementioned col I ision and resulting injuries, Plaintiff Linda S. Miller has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 3 15. As a result of the aforesaid injuries, Plaintiff Linda S. Miller has sustained uncompensated work loss, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Linda S. Miller has been and in future will be subject to great humiliation and embarrassment, and claim is made therefor. 17. Plaintiff Linda S. Miller continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Linda S. Miller demands judgment against Defendant Gay L. Brackbill in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO?ER P.C. ?-;rr<rcnard /??3adlock, Esquire y. o. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Date: May 18, 1999 Counsel for Plaintiff VERIFICATION I, LINDA S. MILLER, Plaintiff, have read the foregoing PLAINTIFF'S COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. Linda S. Miller 145038/MLD Date: ltn ' ) I I j Ol =j UO T? y "J 'v V W ? H ? Q w Z Q m L z r f0 Z 0 m O W a N 3 of ? s n g O o m n z 2 N Q a x . SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER LINDA S VS BRACKBILL GAY L R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: BRACKBILL GAY L (MILLER) but was unable to locate Her in his bailiwick. He therefore returns the NOTICE AND COMPLAINT NOT FOUND , as to the within named defendant BRACKBILL GAY L (MILLER) MARCY AT ANGINO & ROVNER, PHONED 5/28/99 AT 2:30 P.M. AND REQUESTED THAT PAPER BE RETURNED UNSERVED Sheriff's Costs: So answers: Docketing 18.00//=J , Not Found Return 5.00 Service 9.30 Surcharge 8.00 R. I omas ine, Std i =- $4V-.3U 0VNER 05/28/1999 i' Sworn and subscribed o before me this 44/ day of 19 r A.D. IA n, LINDA S. MILLER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. GAY L. BRACKBILL, NO. 303o ?1- Cyr Defendant JURY TRIAL DEMANDED NOTICF 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 n 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 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 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 HAVE 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 In T tld q7 "? ? / "a a So my h0W LINDA S. MILLER, Plaintiff V. GAY L. BRACKBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA10 PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LINDA S. MILLER, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. GAY L. BRACKBILL, Defendant NO. JURY TRIAL DEMANDED C0MPLAIN'r I, Plaintiff Linda S. Miller is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 307-B North Bedford Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Gay L. (Miller) Brackbill is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at Emlet's Trailer Park, 950 Orchard Avenue, Trailer # 27, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 22, 1997, at approximately 11:00 a.m., on Mooreland Avenue at West South Street, Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Linda S. Miller was operating a 1983 Buick Regal and was travelling eastbound on West South Street, Carlisle, Cumberland County, Pennsylvania. 5. At that time and place, Defendant Gay L. Brackbill was operating an automobile, registered in Pennsylvania, with the license plate number ACP-0076, and was traveling northbound on Mooreland Avenue, Carlisle, Cumberland County, Pennsylvania. t4st7on.C4 G. Traffic travelling on Mooreland Avenue is controlled by a stop sign. There are no stop signs or other traffic control devices for traffic travelling on West South Street. 7. At that time and place, suddenly and without warning, Defendant Gay L. Brackbill failed to stop for a stop sign and failed to yield the right-of-way to the Plaintiff Linda S. Miller. 8. At that time and place, Defendant Gay L. Brackbill, failing to yield the right-of- way, failed to stop for a stop sign, violently collided with the passenger side door area of the Plaintiff's automobile causing serious injury to Plaintiff. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Linda S. Miller are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Gay L. Brackbill operated her automobile as follows: (a) failure to keep alert and maintain a 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 yield the right of way; (d) failure to take reasonable evasive action to avoid the accident; (e) failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; failure to keep proper and adequate control over her vehicle; (g) failure to stop for a stop sign; and 2 (h) driving her vehicle upon the highway 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. As a result of the aforementioned accident, Plaintiff Linda S. Miller sustained painful and severe injuries which include, but are not limited to, severe cervical, lumbar, and dorsal strains causing the pain to radiate into her legs. 11. As a result of the aforesaid injuries sustained by Plaintiff Linda S. Miller, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 12. Because of the nature of her injuries, Plaintiff Linda S. Miller has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 13. As a result of the aforementioned collision and resulting injuries, Plaintiff Linda S. Miller has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 14. As a result of the aforementioned collision and resulting injuries, Plaintiff Linda S. Miller has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 3 15. As a result of the aforesaid injuries, Plaintiff Linda S. Miller has sustained uncompensated work loss, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Linda S. Miller has been and in future will be subject to great humiliation and embarrassment, and claim is made therefor. 17. Plaintiff Linda S. Miller continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Linda S. Miller demands judgment against Defendant Gay L. Brackbill in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO'& ROYNER, P.C. Date: May 18, 1999 47D-N-o. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff VERIFICATION i, LINDA S. MILLER, Plaintiff, have read the foregoing PLAINTIFF'S COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. Linda S: Miller Date: 1350384NILS ORIGINAL LINDA S. MILLER, Plaintiff V. GAY L. BRACKBILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3030 Civil JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. ANGINO & ROVNER, P.C. A. Date: June 21, 1999 cc: Ms. Jasmin Malik Claims Service Rep., Senior Motorists Insurance Company 2674 Monroeville Boulevard Monroeville, PA 15146-2344 Claim No.: 3-365906 I.D. No. 47291f 4303 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 151678/MLB cr _s c. - -1'J nl Ll.. Ql ?J s ii {{ 1 a