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Home My WebLink About03-5712 PATRICIA A. SAVIDGE and GEORGE M. SAVIDGE, her husband, 101 N. 36th Street Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 0.. '1 - .57/;2... v. JOYCE MORROW 316 Indian Creek Drive Mechanicsburg, P A 17050 Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please iS5ue a Writ of Summons in the above-captioned action. Said Writ of Summons shall be issued and forwarded to the Sheriff for services upon the above-named defendant. ,-----.-... //} ( l -, /, . Gtlkr.;'~~ C-' ~awa4L Signature of Plaintiff c/ Patricia A. Savidge 101 N. 36th Street Camp Hill, P A 17011 (717) 737-8491 Date: (JCkIrAJ y~ d'&0 3 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. 0h1.t:u II. ~~_ , Proth~nJt~ I Dated: / r/3/ jro~ By ~ --trb.,..),.~ U Deputy 0 () check here if reverse is used for additional information () co; 9 c (,.) < \J\{: 8 ~ cr)L-' ;:.~) -.... ~ 'L ".--- -' 7r :,,) \\ (.1)'; -'< -, ~ ~? -- ~ Z --to ~ ~ ~~~: ...c -t- ,.:.._- -" \; 0 -< {Ii ~, 0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05712 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SAVIDGE PATRICIA A ET AL VS MORROW JOYCE VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MORROW JOYCE the DEFENDANT , at l508:00 HOURS, on the 3rd day of November, 2003 at 316 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050 by handing to JOYCE MORROW a true 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 Service Affidavit Surcharge 18.00 8.28 .00 10.00 .00 36.28 So Answers: r~r~~ R. Thomas Kline 11/04/2003 STEPHEN URBAN Sworn and Subscribed to before By: &' t/- - Deputy Sheriff Y / ,<<: me this c.- day of ~;2003 A.D. ~' {J~ othonotary ~ I LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M, Pollock, Esquire 1.0,# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 PATRICIA A. SAVIDGE and GEORGE M. SAVIDGE, h/h VS. JOYCE MORROW Attorney for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO, 03-5712 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, Joyce Morrow, in the above matter. LAW OFFICES OF HAROLD E. VILETTO , --'" BY: / Jeffrey M, Pollock Attorney for Defendant LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M, Pollock, Esquire I.D,# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 Attorney for Defendant PATRICIA A. SAVIDGE and GEORGE M, SAVIDGE, h/h VS, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOYCE MORROW NO, 03-5712 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. LAW OFFICES OF HAROLD E, VILETTO ,/ BY: Jeffrey M, Pollock Attorney for Defendant RULE AND NOW, this /S'-/-~ day of ~ ,2005, a Rule is hereby GRANTED upon Plaintiff herein to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros, ~fl..a+~^-"D--I~Li ~ Tucker Arensberg, P.C. By: lee C. Swartz 1.0, NO: 07258 111 N. Front Street, P.O, Box 889 Harrisburg, PA 17108 (717) 234-4121 ATTORNEY FOR PLAINTIFFS PATRICIA A. SAVIDGE and GEORGE M, SAVIDGE, her husband, Plaintiffs V. JOYCE MORROW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 03-5712 CIVil ACTION COMPLAINT "NOTICE" You have been sued in court. If you wish to defend against the claims set forth in the following pag~, you must take action within twenty (2.0) days after thiS complaint and notice are served, by entering a written appearance personally or by attorney and ~li~g in writing with the court your defenses or objections ,to the claims set forth against you. You are warned that If yon fail to do so the case may proceed without you and a judgment may be entered against you buy 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 of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TOOR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE 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. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, pennsylvania 17013 (717) 249-3166 <<AVISQ" "Le han demandado en corte. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tamar la acci6n en el plazo de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con ]a corte 5US defensas u objeciones alas demandas dispuestas contra usted eI abogado Ie advierte que que si usted no puede hacer asl que el easo puede proceder sin usted y un juicio se puede incorporar contra usted compra ]a corte sin aviso adicionaJ para cualqui,er dinero demandado en ta queja 0 para cualquier otra demanda 0 relevacibn pedlda por el demandante. Usted puede perder el dinero 0 Ia caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE, SI USTED NO HACE QUE UN ABOGADQ VA Y A A 0 LLAME POR TELEFONO La OFICINA DISPUEST A ABAJO, EST A OFICINA PUEDE PROVEER DE USTED LA INFORMACION SOBRE EMPLEAR A UN ABOGADO, SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, EST A OFlCINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LAOFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDQ o NINGUN HONORARIO SERVIClO DE REFERENClA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 PATRICIA A. SAVIDGE and GEORGE M, SAVIDGE, her husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW NO. 03-5712 v, JOYCE MORROW, Defendant COMPLAINT 1. Plaintiffs Patricia A. Savidge and George M. Savidge, citizens of the Commonwealth of Pennsylvania, are husband and wife, adult individuals who reside at 101 North 36th Street, Camp Hill, Cumberland County, Pennsylvania, 2, Defendant Joyce Morrow is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 316 Indian Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3, The facts and occurrences hereinafter related took place on or about November 2,2001 at approximately 3:30 p.m, on the on-ramp to U, S, Route 15 North, in Cumberland County, Pennsylvania. 4, At that time and place, Plaintiff Patricia S, Savidge was operating her motor vehicle, a 1994 Ford Taurus in a northerly direction on the on-ramp to U,S. Route 15 North, 5, At that time and place, Defendant Joyce Morrow was operating a 2001 Ford Taurus in a northerly direction on the on-ramp to U.S, Route 15 North, to the rear of the vehicle operated by Plaintiff Patricia A. Savidge, 6, At that time and place, the front portion of Defendant Joyce Morrow's vehicle violently collided with the rear portion of Plaintiff's vehicle, 7, The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Patricia A. Savidge are the direct and proximate resuit of the negligent, careless, wanton and reckless manner in which Defendant Joyce Morrow operated her motor vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to apply her brakes in sufficient time to avoid striking the rear of Plaintiffs vehicle; (d) failure to travel at a safe speed; (e) failure to keep a proper watch for traffic on the highway; (f) 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; and (g ) failure to keep proper and adequate control over her vehicle, CLAIM I Patricia A. Savidae v. Joyce Morrow 8, Paragraphs 1 through 7 of the Complaint are incorporated herein by reference, 9, Plaintiff Patricia A. Savidge sustained painful, severe and permanent injuries, which include but are not limited to sprain of the neck, ruptured cervical disc and limitation of cervical motion, 10, By reason of the aforesaid injuries sustained by Plaintiff Patricia A Savidge, she was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 11, Because of the nature of his/her injuries, Plaintiff Patricia A Savidge has been advised, and therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor, 12, As a result of the aforementioned injuries, Plaintiff Patricia A, Savidge 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. 13, As a result of the aforesaid injuries, Plaintiff Patricia A. Savidge has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 14, As a result of the aforementioned injuries, Plaintiff Patricia A, Savidge has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 15, As a result of the aforesaid injuries, Plaintiff Patricia A. Savidge has sustained uncompensated work loss, and claim is made therefor. 16, Plaintiff Patricia A. Savidge 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. CLAIM II Georae M. Savidae v. Joyce Morrow 17, Paragraphs 1 through 16 of the Complaint are incorporated herein by reference, 18, As a result of the aforementioned injuries sustained by his wife, Plaintiff George M, Savidge has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his/her great detriment, and claim is made therefor, WHEREFORE, Plaintiffs Patricia A. Savidge and George M. Savidge demand judgment against Defendant Joyce Morrow in an amount in excess of Thirty Thousand Dollars ($30,000,00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, TUCKER ARENSBERG, P.C. --....! By: ("" , ee C. Swartz Pa, Bar 1.0, No, 07258 111 N. Front St., P.O, Box 889 Harrisburg, PA 17108-0889 Telephone: (717) 234-4121 Facsimile: (717) 232-6802 ATTORNEYS FOR PLAINTIFFS VERIFICATION I, Patricia A. Savidge, hereby certify that I am a Plaintiff in this action, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that any false statements made to this verification are subject to the penalties of 18 Pa, C.SA 94904, relating to unsworn falsification to authorities, \ , , . -::r/J.-GC<..6--J ( f Patricia A. Savidge <7 !: Ii /<1 c{J'l.dcfl..J (J Dated: }.-/b ,2005 , . CERTIFICATE OF SERVICE AND NOW, this 'I -f/, 'v day of March, 2005, I, LEE C, SWARTZ, hereby certify that I have this day served the within Complaint by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey M, Pollock, Esquire Law Offices of Harold E, Viletto 1599 Oak Road Pottsville, Pa 17901-3325 ~C?d-"7; Le C, Swartz . , -_._._-----------"~------- II \- TO'. Po,ll PARTIES You are herebyootified 10 plead 10 the enclosed witt1in twenty {20) days from service hereof or a Default Judgment may be entered against you "...- J~re'J M. Pollock Attorney for Defendant LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M, Pollock, Esquire I.D,# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 Attorney for Defendant PATRICIA A. SAVIDGE and GEORGE M. SAVIDGE, h/h VS. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOYCE MORROW NO, 03-5712 ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1, Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied, Strict proof is demanded at the time of trial. 2, Admitted. 3, Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same.are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the I' I corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 4, Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied, Strict proof is demanded at the time of trial. 5. Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied, Strict proof is demanded at the time of trial. 6, The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied, 7. Denied, After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict , " proof is demanded at the time of trial. The allegations contained in the I corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. CLAIM I Patricia A. Savidae v. Joyce Morr~w . 8, The allegations contained in paragraphs 1. through 7, inclusive are deemed denied and at issue without specific answer pursuant to Pa. R.C.P. 1029(e), 9, through 16. Denied, After reasonable investigation, answering defendant I lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraph constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. CLAIM II Georae M. Savidae v. Jovce Morrow 17. The allegations contained in paragraphs 1. through 16. inclusive are deemed denied and at issue without specific answer pursuant to Pa. R.C.P. 1029(e). 18, Denied. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraph and the same are therefore denied. Strict proof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment be entered in his favor, and against the plaintiffs, together with all reasonable interest, expenses, counsel fees and costs. NEW MATTER The accident and all damages involved irl this case were caused by the direct and proximate result of the negligence and recklessness of plaintiff, generally and in the following particulars: 19, Plaintiffs Complaint fails to state a claim upon Which relief may be granted. 20, Plaintiff has failed to mitigate her damages. I. I I I II 21, If plaintiff sustained the injuries and damages as alleged in her Complaint, then same were caused by other entities or parties over which answering defendant had no control. 22, Plaintiff's claims are barred, in whole and/or in part, by the appropriate Statute of Limitations, 23, Plaintiff voluntarily adopted a dangerous and hazardous method or manner of performing the actions that she was then undertaking when there was a safe method available and she thereby assumed the risk of injury in performing her actions, 24, Plaintiff's claims are barred, or must be reduced, as a result of plaintiff's own negligence, which was the proximate cause of the incident described in plaintiff's Complaint, pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa, C.S.A, Section 7100. 25, Plaintiff's claims are barred and/or limited by the Motor Vehicle Financial Responsibility Law, 75 Pa, C.SA Section 1701, et seq, 26. Plaintiff's claims are barred and/or limited by the Motor Vehicle No-Fault Insurance Act. 27, This Court lacks jurisdiction over the subject matter of the within action, 28. If plaintiff sustained the injuries and damages as alleged in her Complaint, then the same were not proximately caused by any action of failure to act on behalf of answering defendant. 29. Answering defendant avers that plaintiff's cause of action is barred or limited by the Sudden Emergency Doctrine, II WHEREFORE, answering defendant demands judgment be entered in her favor, and against the plaintiff, together with all reasonable interest, expenses, counsel fees and costs, LAW OFFICES OF HAROLD E. VILETTO / ".....L'.. ..--..-.,,------ BY: Jeffrey M, Pollock Attorney for Defendant 1- \1 I I, VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for Defendant in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing Answer and New Matter of Defendant and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief, This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities, / 7- Jeffrey M, Pollock DATE: F {'jw 1<1; )cu'7 ...., c:::::. :::-::..> c-n -~' () -n :-1 di ::!J -r::IF1 -n,.:..:J ,.-., ' ~ c) " " , r'--' '. (Jl \,f,) .-< .. .. LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire 1.0.# 58362 1515 Market Street, Suite 1802 Philadelphia, PA 19102 (215) 564-3042 Attorney for Defendant PATRICIA A. SAVIDGE and GEORGE M. SAVIDGE, h/h VS. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOYCE MORROW NO. 03-5712 PRAECIPE TO AFFIX VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached verification to the Answer and New Matter which was filed on or about April 12, 2005. LAW OFFICES OF HAROLD E. VILETTO BY: '/ - Jeffrey M. Pollock, Esquire Attorney for Defendant .. . ~ { VERIFICATION Joyce Morrow, hereby deposes and says that she is a defendant herein and verifies that the facts set forth in the foregoing Answer and New Matter of Defendant are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of PA. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 4/~~P~cs--' , , /J &,V'-l. (( J .;:.TI yl ,J 4/1 (I Ie ') o ~ r-..,:) c::> = en C- S ~ ~ ~-n 1"'11- -VFn :uC' Coo) r: , -tC" ;~:r! ';~ ('5 on! ;-l :iJ -< w ~ == o co II TUCKER ARENSBERG, P.C. BY: Lee C. Swartz, Esquire I.D.# 07258 111 N. Front Street, P.O, Box 889 Harrisburg, PA 17108 (717) 234-4121 PATRICIA A. SAVIDGE and GEORGE M, SAVIDGE, h/h VS. JOYCE MORROW Attorney for Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO, 03-5712 PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Kindly mark the above-captioned case Settled, Discontinued and Ended upon payment of your costs only. TUCKERARENSBERG,P.C. "eli' /, BY: ", I '...GXL "'" Lee C. Swartz Attorney for Plaintiffs ;;;') ",-" r~ t~ - -' ------