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FRED F. WEDER,
Plaintiff
V.
KIMBERLY D. TAYLOR-CARMO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.99- l/7Jy#CIVIL 1999
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 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
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
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 de plazo al partir de la fecha de la demanda y la notification. Usted
debe presentar una apariencia escrita o en persona o por abogado y archivar
en la torte 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 0
notification y por cualquier queja o alivio que es pedido en la petition de
demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVF. ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or 1-800-990-9108
FRED F. WEDER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. CIVIL 1999
KIMBERLY D. TAYLOR-CARMO, CIVIL ACTION - LAW
Defendant
JURY TRIAL DEMANDED
COMPLAINT
1. The Plaintiff, Fred F. Weder, is an adult individual
residing at 956 Rosstown Road, Lewisberry, Pennsylvania.
2. The Defendant, Kimberly D. Taylor-Carmo, is an adult
individual residing at 2 Monroe Lane, Duncannon, Perry County,
Pennsylvania.
3. The facts and circumstances hereinafter related took
place on or about September 16, 1998 at approximately 5:31 p.m. at
the intersection of U.S. Routes 11 and 15 and Elm Street in the
Borough of Wormleysburg, Cumberland County, Pennsylvania.
4. At all times relevant hereto, Plaintiff, Fred F. Weder,
was the owner of a 1994 Chevrolet Camaro, Pennsylvania registration
BRJ 0524.
5. At all times relevant hereto, Defendant, Kimberly D.
Taylor-Carmo, was the operator of a 1997 Dodge Neon, Pennsylvania
registration BKK 3339.
6. At the place and time referred to above, Michelle S.
Fortna was lawfully operating the Plaintiff's vehicle south bound
on Routes 11 and 15 approaching the intersection with Elm Street in
Wormleysburg.
7. At the date and time referred to above, Defendant,
Kimberly D. Taylor-Carmo, was operating the above-referenced Dodge
Neon east on Elm Street at its intersection with U.S. Routes 11 and
15.
8. At all times relevant hereto, traffic facing east on Elm
Street at the above-referenced intersection, is controlled by a
stop sign.
9. At the above-referenced time and place, Defendant,
Kimberly D. Taylor-Carmo, pulled her vehicle from Elm Street into
the path of Plaintiff's vehicle causing a collision.
10. The foregoing accident and all of the damages set forth
hereinafter sustained by the Plaintiff are the direct and proximate
result of the negligent, careless, wanton, and reckless manner in
which Defendant, Kimberly D. Taylor-Carmo, operated her vehicle in
that she:
a) failed to yield the right-of-way at a stop sign in
violation of 75 Pa. C.S.A. S 3323(b);
b) failed to yield to traffic on the through highway in
violation of 75 Pa. C.S.A. S 3321(b)(2);
C) failed to keep alert and maintain a proper watch for the
presence of other mo tor vehicles on the highway;
d) failed to operate her vehicle with due regard for the
2
highway and traffic conditions there and then existing;
and
e) failed to keep proper and adequate control over her
vehicle.
11. As a direct and proximate result of the negligent,
careless, wanton and reckless manner in which Defendant, Kimberly
D. Taylor-Carmo, operated her vehicle, Plaintiff sustained damage
to his vehicle in the amount of Thirteen Thousand, One Hundred
Twenty-Three and 50/100 ($13,123.50) Dollars.
12. As a direct and proximate result of the negligent,
careless, wanton and reckless manner in which Defendant, Kimberly
D. Taylor-Carmo, operated her vehicle, Plaintiff incurred expense
to have his vehicle towed in the amount of One Hundred Thirty and
00/100 ($130.00) Dollars, and a claim in made therefor.
13. As a direct and proximate result of the negligent,
careless, wanton and reckless manner in which Defendant, Kimberly
D. Taylor-Carmo, operated her vehicle, Plaintiff incurred storage
expenses for his vehicle in the amount of One Hundred Five and
00/100 ($105.00) Dollars, and a claim is made therefor.
14. As a direct and proximate result of the negligent,
careless, wanton and reckless manner in which Defendant, Kimerly D.
Taylor Carmo operated her vehicle, Plaintiff incurred an expense
from the West Shore Fire Department in the amount of One Hundred
3
Fifty ($150.00) Dollars and a claim is made therefor.
WHEREFORE, Plaintiff, Fred F. Weder, respectfully requests
Your Honorable Court to enter judgment in the amount of Thirteen
Thousand, Five Hundred Eight and 50/100 ($13,508.50) Dollars plus
costs and interest and such other relief as is deemed just, and
thereby requiring submission to compulsory arbitration.
Respectfully submitted,
WIX, WENG & WEIDNER
1r d E. 3 s, Esquire
By.
I. D. #58867
4705 Duke Street
Harrisburg, PA 17109
(717) 652-8455
4
I, Fred F. Weder, Plaintiff in this action, verify that the
facts contained in the foregoing Complaint are true and correct to
the best of my knowledge, information and belief. The undersigned
understands that his statements therein are made subject to the
penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
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FRED F. WEDER,
Plaintiff
V.
KIMBERLY D. TAYLOR-CARMO,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 99-4744
CIVIL ACTION - LAW
. JURY TRIAL DEMANDED
Please enter the undersigned's appearance on behalf of the Defendant,
Kimberly D. Taylor-Carmo, with regard to the above-captioned matter.
Respectfully submitted,
s
NEALON & GOVER
Bv.
James G. Nealon, III, Esquire
Attorney I.D. #46457
301 Market Street, 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
AND NOW, this 1-1 -day of September, 1999, 1 hereby certify that I have
served the foregoing Praecipe entering my appearance on the following by depositing a
true and correct copy of same in the United States mails, postage prepaid, addressed
to:
Girard E. Rickards, Esquire
WIX, WINGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109
James G. Nealon, III, Esquire
Dated: Of (Q Pq
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-04744 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEDER FRED F
Vs.
TAYLOR-CARMO KIMBERLY D
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: TAYLOR CARMO KIMBERLY D
i
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On August 25th 1999 , this office was in receipt of
the attached return from PERRY County, Pennsylvania.
Sheriff's Costs: So answer
Docketing 18.00 ?j
Out of County 8.00
Surcharge 9.00 comas ine,'S eri
Dep. Perry Co 38.00 $$ YY+??
730 08/25/1999R & WEIDNER
Sworn and subscribed to before me
this ?tsL day of
19 1917 A.D.
ro on?yUK
In The Court of Common Pleas of Cumberland County, Pennsylvania
Fred F. Weder
vs.
Kimberly D. Taylor-Carmo
No. 99-4744 Civ
Now, 8 / 9 / 9 9 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing
a
and made known to
So answers,
the contents thereof
saentf of
19_, at o'clock M. served the
copy of the original
Sworn and subscribed before
me this _ day of , 19
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
S
w' -
Fred F. Weder IN THE COURT OF COMMON PLEAS OF
THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA
PERRY COUNTY BRANCH
Versus
Kimberly D. Taylor-Carmo
No. 99-4744
SHERIFF'S RETURN
And now August 19 , 1999 : Served the within name Kimberly D. Taylor-Carmo
the defendant(s) named herin, personally at her place of residence in Penn Twp.
Perry County, PA, on August 19, 1999 at 6:28 o'clock PM
by handing to Kimberly D. Taylor- an adult member of family 1 true and attested
Carmo
copy(ies) of the within Complaint
and made known to her the contents thereof
Sworn and subscribed to before me this ae 0A
day of A!$,,,f 1999
HWANAL SEAL 445"Retwk
LUM A. SA MY, NWOrY publk
/eeedlela bm, parry County, PA
My Camp Wen Expires June 19, 2000
So answers, _
?,r ty Sheriff of Perry County
FRED F. WEDER,
Plaintiff
V.
KIMBERLY D. TAYLOR-CARMO,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4744 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Please mark the above-captioned matter settled, discontinued and
ended with prejudice.
Respectfully submitted,
WIX, WENGER-&-WEIDNER
By. Ira d E. Ric9Car squire
I.D. #58867
4705 Duke Street
Harrisburg, PA 17109
(717) 652-8455
W
41