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Home My WebLink About99-074134zs P 4 V ?r i 7 " r . t ? ! ?._ L ? 1 4 4 1 i??? 1 ?? ?, 3? ?`? t t l i ? l 1 ' i n ?' ?' ?; 7 fi JURY TRIAL DEMANDED ASSESSMENT OF DAMAGES REQUIRED MYCRAR GECKLE Q WELRER, P.C. By: Marla Welker Attorney for Plaintiff ID No. 44069 230 South Broad Street, 11th Floor Philadelphia, PA 19102 (215) 735-3326 Deborah Dillard COURT OF COMMON PLEAS 2651 North 5eh Street CUMBERLAND COUNTY Harrisburg, PA 17110 and Robert Dillard 7y 3 2651 North 5e4 Street Harrisburg, PA 17110, h/W 1 Plaintiffs VS. Diane Dale 201 Colonial Drive Chambersburg, PA 17201 Defendant C I V I L A C T 1 O N NOTICE 'Y.e lien Mw two lo owl. If Vft 6*41A defend No 11,110nnI.M lull In low 401n41N mo n. Vft mug lobe x1IWA w14r 10.1111 1101 gWT 40Ie1 121M LMP"Ulgf led Mite An Word. 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INIIm NrAA ESC;ITA AOAIO FAIA'AYERN:VAR 11UN0t SI 1,116 1* COWNCIAR ASIST/NrIALMAL .-7- MYCHAR GECKLE & WELRER, P.C. for Plaintiff Attorney ' By: Marla Welker No. 44069 ID 230 South Broad Street, 11th Floor Philadelphia, PA 19102 (215) 735-3326 Deborah Dillard COURT OF COMMON PLEAS 2651 North 51" Street CUMBERLAND COUNTY Harrisburg, PA 17110 and Robert Dillard 2651 North 5th street Harrisburg, PA 17110•Plh/w aintiffs ?yja C uecjd vs. Diane Dale 201 Colonial Drive Chambersburg, PA 17201 Defendant C I V I L A C T I 0 N 1. The Plaintiff, Deborah Dillard, is an adult individual who resides at 2651 North 5th Street, City of Harrisburg, Dauphin County, Commonwealth of Pennsylvania. 2. The Defendant, Diane C. Dale, is an adult individual who resides at 201 Colonial Drive, Chambersburg, PA 17201. COUNT I Deborah Dillard vs. Diane C. Dale 3. Plaintiff, Deborah Dillard, incorporatesparagraphs 1 through 2 as though duly set forth herein. 4. On the 22" day of February, 1998, the Plaintiff, Deborah Dillard, was the operator of a motor vehicle which was on Carlisle Pike facing westbound stopped at a red light in the Township of Hampton, County of Cumberland, Commonwealth of Pennsylvania. The light turned green and traffic began to move, then stopped again. Suddenly and without warning, Deborah Dillard's vehicle was struck in the rear by an automobile being driven by Defendant, Diane C. Dale who was directly behind Plaintiff. Said accident caused the Plaintiff personal injuries more fully described hereinafter. 6. As a result of the aforesaid accident, the Plaintiff, Deborah Dillard, suffered injuries including, without limitation, changes at C5-6 and C6-7 and C4-5 and C7- T1, indentation of the spinal canal secondary to osteophyte proliferation and disc bulging and protrusion, reversal of the normal cervical lordosis, myofasial pain syndrome of the cervicothoracic and lumbar region, shoulder pain, reactive depression and insomnia. 7. This accident result solely from the negligence and recklessness of the Defendant herein and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff. 8. The negligence and recklessness of the Defendant, Diane C. Dale, consisted in part, but not limited to the following: (a) violating laws governing traffic control signals; (b) failure to properly operate and control her motor vehicle to prevent impact with Plaintiff's vehicle; (c) operating her motor vehicle with no warning of approach or intended direction; (d) failing to look at the road ahead; (e) failing to keep control of her vehicle; (f) failing to have her motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; (g) operating her motor vehicle without due regard to the rights, safety, and position of the vehicle plaintiff was operating; (h) failing to have her motor vehicle under the proper control so as to prevent his vehicle from striking the motor vehicle plaintiff was operating; (i) failing to keep a proper lookout; (j) failing to notice the motor vehicle plaintiff was operating; (k) upon noticing the motor vehicle the plaintiff was operating, failing to stop in time to avoid the collision with plaintiff's motor vehicle; (1) failing to take evasive action in order to avoid striking Plaintiff's vehicle; (m) Failing to steer to avoid the impact; (n) Losing control of the vehicle she 1 was operating; (o) striking the rear of the vehicle plaintiff was operating; (p) failing to apply her brakes in sufficient time to avoid striking the vehicle plaintiff was operating; (q) failing to avoid contact with the vehicle which plaintiff was operating; (r) operating her vehicle at an excessive rate of speed under the circumstances; (s) Violation of the Statutes of the Commonwealth of Pennsylvania, as well as the ordinances of the County of Dauphin, governing the operation of motor vehicles on the streets and highways. 9. As a result of this accident, the Plaintiff, Deborah Dillard, has been or will be obliged to receive and undergo medical attention and care and to incur various expenses for the injuries she has suffered, and she may be obliged to continue to expend such sums or to incur such expenditures for an indefinite time in the future. 10. As a direct and reasonable result of this accident aforementioned, Plaintiff has or may hereinafter incur other financial expenses or losses which do or may exceed amounts which she may otherwise be entitled to recover. 11. Further, Plaintiff incurred a severe shock to her nerves and nervous system, great physical pain, and mental distress and anguish, all of which may continue for an indefinite time in the future. 12. As a direct and reasonable result of this accident, Plaintiff, Deborah Dillard, has suffered, and may in the future suffer, severe pain and suffering, emotional anguish, loss of use of a bodily function, permanent impairment and/or disfigurement, and continuing losses and damages related to the trauma incurred. 13. Further, Plaintiff has been compelled to expend various sums of money in attempting to alleviate and cure the aforesaid injuries, and was prevented from attending to her usual duties and occupation, and believes that she may in the future be prevented from attending to her usual duties and occupation to her great financial loss. 14. Plaintiff, Deborah Dillard, has the "full tort" option on her automobile insurance coverage. WHEREFORE, Plaintiff, Deborah Dillard, demands damages of the Defendant, Diane C. Dale, in an amount in excess of Fifty Thousand Dollars ($50,000.00), plus costs, delay damages and interest. COUNT II Robert Dillard v. Diane C. Dale 15. Plaintiff incorporates by reference each and every allegation contained in paragraphs 1 through 14 as fully as if set forth at length. 16. Solely, by the reason of the carelessness and negligence of Defendant and in consideration of the injuries suffered by his wife, Deborah Dillard, Plaintiff, Robert Dillard, has in the past and may in the future be deprived of the services, companionship, care, comfort and society of his wife, Deborah Dillard. WHEREFORE, Plaintiff, Robert Dillard, demands damages of Defendant, Diane C. Dale, in a sum in excess of Fifty-Thousand Dollars ($50,000.00), plus costs, delay damages and interest MYCHAR GECRLE & WELKER, P.C. By: ?? G??'?. Marla Welker Attorney for Plaintiff Date: VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Deborah Dillard and Robert Dillard, w/h, being duly sworn according to law, deposes and sags that they are the Plaintiffs in the within matter and the facts set forth in the foregoing Civil Action complaint are true and correct to the best of their knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsifications to authorities. De orah Dillar 0 0.4 1 6 Robert Dillard ROLF E. KROLL, ESQUIRE 97243 Pa. Supreme Court I.D. No. MARGOLIS EDELSTEIN Post office Box 932 Harrisburg, pt tnsylvania 17108-0932 Telephone: [7173 975-8114 Fax: 17173 975-8124 E-Mail: kroll®epix.net DEBORAH DILLARD and ROBERT DILLARD,Plaintiffs, V. DIANE DALE, Defendant. Attorney for Defendant: DIANE DALE IN THE COURT OF COMpENNSYLVANIA CUMBERLAND COUNTY, : CIVIL ACTION - LAW NO. 99-7413 Civil JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, DALE, in the above captioned matter. Date: DIANE Respectfully submitted, MARGOL- E ELSTEIN By LL, ESQUIRE R E. PA Atto ey I.D. #47243 Attorneys for Defendant, DIANE DALE .- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the day of ?....-_; 2000, and addressed as follows: Marla Welker, Esquire MYCHAK GECKLE & WELKER, P.C. 230 S. Broad St. Philadelphia, PA 19102 MARGOLIS EDELSTEIN -ate _zo Ann E. Nelson, Se retary 4 ? LLlr ?? M Ug ?, z a SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-07413 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DILLARD DEBORAH ET AL VS DALE DIANE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DALE DIANE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within NOTICE & CIVIL ACTION On , 1II! , was in receipt of t attached return from FRANKLIN Sheriff's Costs: So answers: Docketing 18.00 /???" y Out of County 9.00 Surcharge 8.00 R. homas Kline DEP. FRANKLIN CO 26.64 Sheriff of Cumberland County .00 61.64 12/30/1999 MYCHAK, GECKLE & WELKER Sworn and subscribed to before me this ?Siy day of J?&Iro A/.'D?. -)9,740 lit. Prothonotary ' 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07413 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN DILLARD DEBORAH VS DALE DIANE THEODORE L KONCSOL Deputy Sheriff of FRANKLIN County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon DAT.F nrnr,•n the DEFENDANT at 0945:00 Hour, on the 16th day of December , 1999 at 201 COLONIAL DR CHAMBERSBURG, PA 17201 by handing to NANCY ROLAND-MOTHER-SAME AS ABOVE a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service 9.00 Affidavit 9.00 4 00 Surcharge Mileage . .00 4.64 Sworn and Subscribed to before me t 17TH day of DECEMBER 199 D, ary So By pp - 1917/1999 COUNTY Y -SHERIFF NOTARIAL SEAL PATRICIA A. STRINE, Notary Public Chambarsburp, Franklin County My Commission Ez Ires Nov. 4, 2030 In The Court of Common Pleas of Cumberland County, Pennsylvania Deborah Dillard VS. Diane Dale No. 99-7413 Civil Now, 12/13/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Pllaintiff in' Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 19 , at o'clock M. served the and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ day of , 19_ COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN Poet Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [717] 975-8114 Fax: [7171 975-8124 E-Mail: kroll®epix.net Attorney for Defendant: DIANE DALE DEBORAH DILLARD and ROBERT DILLARD, Plaintiffs, V. DIANE DALE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7413 Civil JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DEBORAH DILLARD and ROBERT DILLARD c/o Marla Welker, Esquire MYCHAK GECKLE & WELKER, P.C. 230 S. Broad St. Philadelphia, PA 19102 YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within twenty (20) days of service hereof, or a default judgment may be entered against you. Date 6L Respectfully submitted, MAR L/IEDELSTEIN By: R F E. ?OLL, ESQUIRE PA Atto ey I.D. #47243 Attorneys for Defendant, DIANE DALE P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 24ARGOLIS EDELSTEIN Poet Office Box 932 Harrisburg, Pennsylvania 17108-0932 Telephone: [7171 975-8114 Fax: [7171 975-8124 E-Mail: kroll®epix.net DEBORAH DILLARD and ROBERT DILLARD, Plaintiffs, V. DIANE DALE, Defendant Attorney for Defendant: DIANE DALE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-7413 Civil JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, DIANE DALE, TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Diane Dale, by and through her counsel, Margolis Edelstein, to answer the Complaint of Plaintiffs, Deborah Dillard and Robert Dillard, and in support thereof, avers the following: 1-2. Denied. Defendant, Diane Dale ("Ms. Dale") is without information sufficient to form a belief as to the accuracy or inaccuracy of the corresponding averment of Plaintiffs' Complaint and the same is accordingly denied. COUNT I Deborah Dillard v Diane C Dale 3. Paragraphs 1-2 hereof are incorporated herein by reference as though set forth in full. 4. Denied. These allegations of Plaintiffs' Complaint are specifically as being both factually and legally incorrect. 6-14. Denied. These allegations of Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. No. 1029(e). WHEREFORE, Defendant, Diane Dale, demands judgment in her favor and against Plaintiffs, with costs accrued assessed to Plaintiffs. c'OUNT I Z Robert Dillard v Diane C. Dale 15. Paragraphs 1-14 hereof are incorporated herein by reference as though set forth in full. 16. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law to which no responsive pleading is required and the same is therefore denied. WHEREFORE, Defendant, Diane Dale, demands judgment in her favor and against Plaintiffs, with costs accrued assessed to Plaintiffs. NEW MATTER 17. Paragraphs 1-16 hereof are incorporated herein by reference as though set forth in full. 18. Plaintiffs have failed to state a claim upon which relief can be granted. ?I 19. Plaintiffs' claims are barred by the doctrines of contributory and comparative negligence. 20. Plaintiffs' claims are barred by the doctrine of assumption of risk. 21. Diane Dale was confronted with a sudden emergency not of her own creation to which she responded reasonably under the circumstances. 22. Plaintiffs' claims are barred by the applicable statute of limitations. 23. The named insured of the automobile insurance policy covering Plaintiffs elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiffs claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat., § 1701 et, sea., as amended. Specifically, Plaintiffs' claims for medical expenses and/or wage loss may be barred in whole or in part by 75 Pa. Cons. Stat., § 1722. Moreover, Plaintiffs' claim for non-economic damages may be barred by virtue of an election of the limited tort option of Plaintiffs' motor vehicle insurance policy. -3- r Respectfully submitted, Date: MARGOT,M EDELSTEIN By: aa?&g - R F E. ROL , ESQUIRE PA Attorney I.D. #47243 Attorneys for Defendant, DIANE DALE P. O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 -4- -0/C 0, /? as u VERIFICATION I, DIANE DALE, have read the foregoing ANSWER WITH NEW MATTER which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: /- o1'y OU ?'U- DIANE DALE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER AND NEW MATTER on all counsel of record by placing the same in the United States mail at Camp Hill, P nsylvania, first-class postage prepaid, on the /fd day of „, 2000, and addressed as follows: Marla Welker, Esquire MYCHAK GECKLE & WELKER, P.C. 230 S. Broad St. Philadelphia, PA 19102 MARGOLIS EDELSTEIN B?? o Ann E. Nelson, Secretary (. r-n ... ,.?, ?. . F: i i i f ? of? a s?i ,,\r ) „ .,'! !' A? Y4 ?/ ?y t 1F Oy1N Or ^ M,-t 0 M1Sa cy i?? v r W.? , rra F ! t ! r F v7 ?. CAF ?$1?4?' r > r ) t I ? ? yk ? } ??? ??'}?'? y? 1 a ?l Tyr yh? ? q'a7a? V ? Jh W N .?,T4 ! v'a ri ! r > )at a,Xk - ?r 4? r U tt , a"1 ? I ' . ! k,k yy _ CL ?-1J + J L ti ;1F t ? 'if: _ y 4 ! + MYCHAK GECKLE 6 WELKER, P.C. By: Marla Welker Attorney for Plaintiff ID No. 44069 230 South Broad Street, 11th Floor Philadelphia, PA 19102 (215) 735-3326 Deborah Dillard COURT OF COMMON PLEAS and CUMBERLAND COUNTY Robert Dillard, h/w Plaintiffs 99-7413 Civil VS. Diane Dale 201 Colonial Drive Chambersburg, PA 17201 Defendant PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT. DIANE DALE 17. Denied. It is specifically denied that Paragraphs one through sixteen are incorporated herein by reference, and made a part hereof as if set forth in full. Strict proof is demanded at trial. 18. Denied. It is specifically denied that Plaintiffs have failed to state a claim upon which relief may be granted. Strict proof is demanded at trial. 19. Denied. It is specifically denied that Plaintiff's claims are barred by the doctrines of contributory and comparative negligence. Strict proof is demanded at trial. 20. Denied. It is specifically denied that Plaintiff's claims are barred by the doctrine of assumption of risk. Strict proof is demanded at trial. 21. Denied. It is specifically denied that Defendant, Diane Dale was confronted with a sudden emergency not of her own creation to which she responded reasonably under the circumstances. Strict proof is demanded at trial. 22. Denied. It is specifically denied that Plaintiff's claims are barred by the applicable statute of limitations. Strict proof is demanded at trial. 23. Denied. It is specifically denied that the named insured of the automobile insurance policy covering Plaintiffs elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law, 24. Denied. It is specifically denied that Plaintiff's claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat., Section 1701 et se ., as amended. It is specifically denied that Plaintiffs' claims for medical expenses and/or wage loss may be barred in whole or in part by 75 Pa. Cons. Stat., Section 1722. Moreover, it is denied that Plaintiffs' claim for non-economic damages may be barred by virtue of an election of the limited tort option of Plaintiff's motor vehicle insurance policy. Strict proof is demanded at trial. WHEREFORE, the Plaintiffs, Deborah and Robert Dillard, h/w, demands judgment in their favor and against Defendant, Diane Dale. MYCHAK GECKLE & WELKER, P.C. By: r'0ai 0;01 Marla Welker Attorney for Plaintiff Dated: February 2, 2000 CERTIFICATE OF SERVICE I, Marla Welker, of the law firm of MYCHAK, GECKLE & WELKER, P.C, attorney for Plaintiff, Deborah Dillard, do hereby certify that on this date I am serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by placing a true and correct copy of same in the United States mail, first class, postage prepaid, at Philadelphia, Pennsylvania, addressed to: Rolf E. Kroll, Esquire MARGOLIS EDELSTEIN P. 0. Box 932 Harrisburg, PA 17108-0932 Attorney for Defendant MYCHAK GECKLE & WELKER, P.C. 7) L By: Marla Welker Attorney for Plaintiff Date: February 1 2000 + V om' r l t r i. Ty v r _ l + 3 y pN? W S r t1 _ _ l Val i t t 1{ r x? ,? r xY l Y? 4? 5 r - 5( Y 4 ? f cY? t 4 4 i h I r? 2 1 ? , ? r c r ( ? t 1 S f r ' y "W W?a r. r rf k +iz- r MYCHAK GECKLE & WELKER, P.C. By: Marla Welker Attorney for Plaintiff ID No. 44069 230 South Broad Street, 11th Floor Philadelphia, PA 19102 (215) 735-3326 Deborah Dillard COURT OF COMMON PLEAS and Robert Dillard, h/w CUMBERLAND COUNTY Plaintiffs 99-7413 Civil vs. Diane Dale 201 Colonial Drive Chambersburg, PA 17201 Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END To The Prothonotary: Please mark the above captioned case as settled, discontinued and ended upon payment of your costs only. MYCHAK GECKLE & WELKER, P.C. By: Marla Welker Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Marla Welker, of the law firm of MYCHAK, GECKLE & WELKER, P.C, attorney for Plaintiff, Deborah Dillard and Robert Dillard, w/h, do hereby certify that on this date I am serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by placing a true and correct copy of same in the United States mail, first class, postage prepaid, at Philadelphia, Pennsylvania, addressed to: Rolf E. Kroll, Esquire MARGOLIS EDELSTEIN p. O. Box 932 Harrisburg, PA 17108-0932 Attorney for Defendant Jackie Ravenel, Claims Department State Farm Insurance company 115 Limekiln Road P.O. Box 257 New Cumberland, PA 17070-0257 MYCHAK GECKLE & WELKER, P.C. By: 1'A"'J„ c?i?-- Marla Welker Attorney for Plaintiff Date: February 19. 2002 Z: i t r) i'V G^ ?l)LIJ C- L;J ?Jr_ u_ 1.7 7 ?: u U