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Home My WebLink About07-377841 Schmidt Kramer PC BY: GERARD C. KRAMER, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiff gkramer@srklaw.com SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE._Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHARELLE M. OLIGARIO, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - LAW CATHERINE P. GOSSARD, . . NO. 07 - 3 7'7?' ?r L? Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff Sharelle Oligario, by and through her attorneys, SCHMIDT KRAMER PC, and respectfully sets forth as follows: 1. Plaintiff Sharelle Oligario is an adult individual currently residing at 1441 Derry Street, Apt. 3F, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendant Catherine P. Gossard is an adult individual currently residing at 2904 Chesterbrook Ct., Camp Hill, Cumberland County, Pennsylvania 17011. 3. The facts and events hereinafter stated took place on or about January 18, 2006 at 8: 1Opm at the intersection of Rossmoyne Road and Louise Drive in Lower Allen Township, Cumberland County, Pennsylvania. 4. At the aforementioned time and place, Plaintiff Sharelle Oligario was driving a commercial vehicle owned by Aero Corporation doing business as Budget Rent-a-Car. Ms. Oligario was proceeding East on Louise Drive. 5. At the aforementioned time and place, Defendant Catherine Gossard was driving her car South on Rossmoyne Road. 6. At the aforementioned time and place, Sharelle Oligario was stopped at a red light on Louise Drive, waiting to turn left onto Rossmoyne Road. 7. When the traffic light turned green, Sharelle Oligario proceeded with care into the intersection and began to make the left turn. 8. The collision occurred when Defendant Catherine Gossard failed to stop at the red light facing southbound traffic on Rossmoyne Road and proceeded into the intersection. 9. As a result, the car driven by Defendant Catherine Gossard collided with the vehicle operated by Plaintiff Sharelle Oligario. 10. The collision caused the injuries to the Plaintiff as set forth below. COUNT I SHARELLE OLIGARIO v. CATHERINE GOSSARD NEGLIGENCE 11. Paragraphs 1 through 10 of the Plaintiff's Complaint are incorporated herein by reference and made a part thereof as if set forth in full. 12. The accident was caused by the negligence and carelessness of Defendant Catherine Gossard and was in no way caused or contributed to by Plaintiff Sharelle Oligario. 13. The negligence and carelessness of Defendant Catherine Gossard consisted of the following: a. failing to have her vehicle under proper and adequate control; b. failing to apply the brakes in time to avoid the collision; c. negligently applying the brakes; d. failing to exercise the high degree of care required of a motorist entering an intersection; e. failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; f. proceeding through an intersection when such movement could not be made in safety; g. operating his vehicle so as to create a dangerous situation for other vehicles on the roadway; and h. failing to properly observe traffic signals controlling her direction of travel. 14. As a factual result of the accident, Plaintiff Sharelle Oligario suffered injuries which are severe and may be permanent, which include the following: a. Back pain b. Tenderness of left abdomen c. Premature contractions d. Groin tenderness 15. As a factual result of the accident, Plaintiff Sharelle Oligario has incurred medical expenses to date and may continue to incur medical expenses into the future, and thus, a claim for these expenses is made. 16. As a factual result of the accident, Plaintiff Sharelle Oligario has undergone in the past, and may continue to undergo in the future, great pain and suffering, and thus, a claim for these injuries is made. 17. As a factual result of the accident, Plaintiff Sharelle Oligario has been obliged to spend various sums of money and to incur various expenses for the injuries that she has suffered and may continue to incur the same in the future, and thus, a claim for these losses is made. 18. As a factual result of the accident, Plaintiff Sharelle Oligario suffered a permanent diminution of her ability to enjoy life and life's pleasures, and thus, a claim for these losses is made 19. As a factual result of the accident Plaintiff Sharelle Oligario suffered a loss of earnings and earning capacity, and thus, a claim for these losses is made. WHEREFORE, Plaintiff Sharelle Oligario demands judgment on Defendant Catherine Gossard in an amount in excess of an amount requiring compulsory arbitration. DATED: G -/q-07 Respectfully submitted, SCHMIDT KRAMER PC By ,zG C. Kramer Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiffs Attorney at Law Attorney I.D. No. 44715 209 State Street VERIFICATION BASED UPON PERSONAL KNOWLEDGE AND INFORMATION OBTAINED THROUGH COUNSEL I, SHARELLE OLIGARIO, verify that I am the Plaintiff in the foregoing action and that the attached Complaint is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the Complaint to the extent that it is based upon information that I have given to my counsel is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint are that of counsel, I relied upon counsel making this Verification. I understand that intentional false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: (5 A 01??L // SHARELLE OLI ARID a ?p ^l h rx ?' (___ Yy N Cz z-a --./ GJ Rl? =?'f71 C•" f l I OV) 40, THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 pspeaker@tthlaw.com Michele J. Thorp, Esquire I.D. No. 71117 mthorp@tthlaw.com 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3778 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel of record for Catherine P. THOMAS, THOMAS & BY. I.D. #42834`./ Michele J. Thorp, Esquire I.D. #71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Gossard, Defendant, in connection with the above matter. LLP Date: -711 L /0 -7 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 THOMAS. THOMAS & By Petef J. Speaker E,? sglure I.D. #42834 ? Michele J. Thorp, Esquire I.D. #71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 Date: -7/1 La10 -7 ;c SHERIFF'S RETURN - REGULAR CASE NO: 2007-03778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLIGARIO SHARELLE M VS GOSSARD CATHERINE P DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOSSARD CATHERINE P DEFENDANT the at 1828:00 HOURS, on the 26th day of June , 2007 at 2904 CHESTERBROOK COURT CAMP HILL, PA 17011 by handing to CATHERINE P. GOSSARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge o ?j Oct /0-1 (?y Sworn and Subscibed to before me this of So Answers: 18.00 13.44 .41 10.00 R. Thomas Kline .00 41.85 06/28/2007 SCHMIDT KRAMER By: day Deputy Sheri f A.D. THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 pspeaker@tthlaw.com Michele J. Thorp, Esquire I.D. No. 71117 mthorp@tthlaw.com 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3778 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: 8/-7 /O-7 THOMAS, THOMAS & HAFER, LLP By et J. a squire I.D. #42834er Michele J. Thorp, Esquire I.D. #71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 THOMAS, THOMAS & HAFER, LLP Peter J. Speaker, Esquire I.D. No. 42834 pspeaker@tthlaw.com Michele J. Thorp, Esquire I.D. No. 71117 mthorp@ttblaw.com 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3778 : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT CATHERINE P. GOSSARD TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Catherine P. Gossard ("Defendant"), by and through her attorneys, Thomas, Thomas & Hafer, LLP, and responds as follows to the Complaint of Plaintiff, Sharelle M. Oligario ("Plaintiff'): 1. Admitted based upon information and belief. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that an accident occurred on or about January 18, 2006 at approximately 8:10 p.m. at the intersection of Rossmoyne Road and Louise Drive in Lower Allen Township, Cumberland County, Pennsylvania. To the extent that this paragraph purports to contain additional averments, said averments are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 4. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 5. Admitted. 6. Denied. The averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. The averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. The averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. The averments of this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). COUNTI NEGLIGENCE 11. The responses to Paragraphs 1 through 10 above are hereby incorporated by reference as if set forth fully herein. 12. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 13.(a)-(h). Denied. The averments of this paragraph and these subparagraphs are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 14.(a)-(d). Denied. The averments of this paragraph and these subparagraphs are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 15. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 16. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 17. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 18. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 19. Denied. The averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Catherine P. Gossard, respectfully requests that this Honorable Court enter judgment against Plaintiff and in favor of Defendant with costs assessed to Plaintiff. NEW MATTER 20. Paragraphs 1 through 19 of Defendant's Answer are incorporated herein and made a part hereof as if set forth fully at length. 21. Plaintiff s claims against Defendant fail as a matter of law. 22. Plaintiff's claims may be barred by the applicable statute of limitations. 23. Plaintiff s injuries and damages, if any, were not caused by any acts, omissions or breaches of duty of Defendant. 24. Plaintiff's claims may be barred in whole or in part by comparative negligence. 25. Plaintiffs injuries do not constitute serious injuries for purposes of the Motor Vehicle Financial Responsibility Law. 26. Plaintiff's claims are limited by the provisions of the Motor Vehicle Financial Responsibility Law. 27. Plaintiff is precluded from recovering non-economic damages as a result of her limited tort election. 28. Plaintiff's claims may be barred by the doctrines of res judicata and/or collateral estoppel. 29. Defendant's conduct was not a substantial factor in causing Plaintiff's injuries or damages, if any. 30. Plaintiff may have failed to mitigate her damages, if any. WHEREFORE, Defendant, Catherine P. Gossard, respectfully requests that this Honorable Court enter judgment against Plaintiff and in favor of Defendant with costs assessed to Plaintiff. THOMAS & HAFER, LLP By I.D. #42834 `? Michele J. Thorp, Esquire I.D. #71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 518136.1 VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Catherine P. Gossard DATED: ?' f a?, lp-7 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Gerard C. Kramer, Esquire SCHMIDT KRAMER PC 209 State Street Harrisburg, PA 17101 THOMAS, THOMAS & HAFER, LLP By 1jVdA Peter J. Sp ak t, Es ire I.D. #42834 Date: 1--1 l v Michele J. Thorp, Esquire I.D. #71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7644 N C:D : A. SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiff gkramei(@schmidtkramer.com SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3778 JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Sharelle M. Oligario, by and through her attorneys, SCHMIDT KRAMER PC, and respectfully responds to Defendants' New Matter as follows: 20. Paragraph 20 states no additional allegations of fact to which a response is required. 21. Paragraph 21 states a conclusion of law to which no responsive pleading is necessary. 22. Paragraph 22 states a conclusion of law to which no responsive pleading is necessary. 23. Paragraph 23 states a conclusion of law to which no responsive pleading is necessary. 24. Paragraph 24 states a conclusion of law to which no responsive pleading is necessary. 25. Paragraph 25 states a conclusion of law to which no responsive pleading is necessary. 26. Paragraph 26 states a conclusion of law to which no responsive pleading is necessary. 27. Paragraph 27 states a conclusion of law to which no responsive pleading is necessary. Denied. Plaintiff was not in a private passenger vehicle at the time of this accident, and therefore, deemed to have full tort as a matter of law. 28. Paragraph 28 states a conclusion of law to which no responsive pleading is necessary. 29. Paragraph 29 states a conclusion of law to which no responsive pleading is necessary. 30. Paragraph 30 states a conclusion of law to which no responsive pleading is necessary. WHEREFORE, the Plaintiff requests that the New Matter of the Defendant be dismissed and judgment be entered in favor of the Plaintiff. Respectfully submitted, SCHMIDT KRAMER PC DATED: V 1 (Q I oq By T "rard C. Kramer Attorney at Law I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff • ATTORNEY VERIFICATION I, Gerard C. Kramer, Esquire, verify that I am attorney of record for the Plaintiff. I verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that intentional false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Date: erard C. Kramer, Esquire CERTIFICATE OF SERVICE AND NOW, this day of , 2007, I, Gerard C. Kramer, Esquire, hereby certify that I have this day served a true and correct copy of the Plaintiff's Answer to New Matter by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Peter J. Speaker, Esquire Michele J. Thorp, Esquire Thomas, Thomas 8v Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Respectfully submitted, SCHMIDT KRAMER PC By: Oerard C. Kramer Attorney at Law Attorney I.D. No. 44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff (> C- O " ? C-11 G SCHMIDT KRAMER PC BY: GERARD C. KRAMER, ESQUIRE Attorney I.D. #44715 209 State Street Harrisburg, PA 17101 (717) 232-6300 Fax No. (717) 232-6467 Attorneys for Plaintiffs gkramer(a)schi. com SHARELLE M. OLIGARIO, Plaintiff V. CATHERINE P. GOSSARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-03778 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. 209 State Street Harrisburg, PA 17101 (717) 232-6300 Date: Attorney for Plaintiff Respectfully submitted, SCHMIDT KRAMER PC By: erard C. Kramer, Esquire Attorney I.D. No. 44715 ?? ?? ?? w? ? "? . o-.t -^iS I - 1 p'? -- r , t`? +t /` ,'?? :+"? C.`.,3 "?