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HomeMy WebLinkAbout09-0131.l. [ll\Lilliti~7 auu M.ANDREAS Plaintiff , _. , _ __L ~ ~ _ _ _ _ _ _ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 0'q- 013) Civil IPXm LYDIA R. LEIDICH Defendant 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 (20y 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 CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LYNDA M. ANDREAS and IN THE COURT OF COMMON PLEAS JOHN M. ANDREAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.. LYDIA R. LEIDICH Defendant JURY TRIAL DEMANDED 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) Bias 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 a viso 0 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 ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LYNDA M. ANDREAS and . JOHN M. ANDREAS Plaintiff v. LYDIA R. LEIDICH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Lynda M. Andreas and John M. Andres, by their attorney, James G. Nealon, III, Nealon Law Firm, P.C., and file the following Complaint: 1. Plaintiffs, Lynda M. Andreas and John M. Andreas, are adult individuals, husband and wife, who currently reside at 133 North 33`d Street, Camp Hill, Pennsylvania 17011. 2. Defendant, Lydia R. Leidich, is and adult individual who currently resides at 5570 Fulcroft Avenue, Harrisburg, Pennsylvania 17111. 3. The accident-giving rise to the instant civil action occurred on February 12, 2007 at the intersection of 12th and Market Street, Lemoyne, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, Lynda M. Andreas, was operating at 2001 Lexus SUV on 12th Street approaching the intersection with Market Street. 5. At the same time and place, Defendant, Lydia R. Leidich, was operating a motor vehicle on 12th Street directly behind the Andreas's vehicle. 6. Lynda M. Andreas brought her vehicle to a stop for traffic. Suddenly and without warning, Defendant Leidich caused her vehicle to strike the rear of the Andreas vehicle thereby pushing the Andreas' vehicle into the intersection. 7. Defendant, Lydia R. Leidich owed a duty to other lawful users of the roadway in the Commonwealth of Pennsylvania to operate her automobile in such a way so as to not cause harm or damages to other persons and to Plaintiff, Lynda M. Andreas in particular. 8. The collision and all of the injuries and damages to Plaintiff are the direct result of the negligent, careless and/or reckless conduct of the Defendant as follows: a. Failing to properly observe other traffic and acting without due regard to the position of other vehicles on the roadway, including Plaintiff's vehicle; b. Traveling too fast for conditions in violations of 75 Pa.C.S.A. §3361; Failing to maintain adequate control over her vehicle; d. Failing to yield the right away on the roadway Failing to apply her brakes in time to avoid striking Plaintiff s vehicle; and f. Following Plaintiff s vehicle too closely. 9. As a direct and approximate result of the aforementioned collision, Plaintiff, Lynda M. Andreas, suffered injuries including, but not limited to: a. Cervical sprain strain; b. Lumbar sprain/strain; c. Injury to her right upper extremities; d. Carpal tunnel syndrome; e. Right wrist neuritis 10. As a result of the injuries she received from the aforementioned collision, Plaintiff, Lynda M. Andreas, has incurred in the past and will in the future incur and reasonable and necessary medical and rehabilitative costs and expenses for the treatment of her injuries. 11. As a result of the aforementioned collision, Plaintiff, Lynda M. Andreas, suffered a loss of earnings and permanent impairment of her earning capacity and power and claim is made therefore. 12. As further result of the aforementioned collision, Plaintiff, Lynda M. Andreas, has suffered permanent diminution of her ability to enjoy life and life's pleasures. 13. As a result of the injuries that she received from the aforementioned collision, Lynda M. Andreas has undergone in the present and will undergo in the future, great pain and suffering. 14. As a direct result from the aforementioned collision, Plaintiff, Lynda M. Andreas has incurred other financial expenses and or losses which exceed the sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff, Lynda M. Andreas denounced judgment against Lydia R. Leidich, in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest in cost, set amount being in excess of the statutory limits of arbitration. COUNT II 15. Plaintiff incorporates herein by reference the averments of paragraphs 1-14. 16. Plaintiffs, Lynda M. Andreas and John M. Andreas are husband and wife. 17. As a result of the Defendant's negligence as set forth above, resulting in injuries to Plaintiff, Lynda M. Andreas as detailed above, Plaintiff, John M. Andreas has been deprived of the consortium, assistance and society of his wife, Lynda M. Andreas, all of which has been to his great damage and loss. WHEREFORE, Plaintiff, Lynda M. Andreas denounced judgment against John M. Andreas, in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest in cost set amount being in excess of the statutory limits of arbitration. Respectfully submitted, NEALON LAW ;_\~ ~.. By: James G. Nealon, III, Esquire I.D. # 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: ~/~~~/ VERIFICATION I, Lynda M. Andreas, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Ly .Andreas Date: „~,.~v/- OS VERIFICATION I, John M. Andreas, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. J hn M. Andreas Date: /,~ - o/- D~ ~ ~ ~ ~ d w 0 R''D -~' ~ _ D ~, `~~ ~ ~ ~ ~ ~ _,.r ' ~ ._: '~ .~- • 1 SEP p 12010 LYNDA M. ANDREAS and : IN THE COURT OF COMMON PLEAS OF JOHN M. ANDREAS, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ~, : NO. 09-0131 LYDIA R. LEIDICH, Defendant :CIVIL ACTION -LAW ORDER AND NOW,this ---~ day of Sc~ , 2010, it is hereby ORDERED that pursuant to Plaintiffls request a status conference is hereby scheduled for ~~ ~ ~, 2010 at 3 ~ ! ~.m in Judge's Chambers. Dom' tribution: -Robert F. Claraval, Esq., 500 North Third Street, 2nd Floor, Harrisburg, PA 17101 .~JBfferson J. Shipman, Esq., 301 Market Street, Lemo~'ne, PA 17043 Court Administration . ~~[ e~~,~-1i,~t, , fop t ~ rn~.~L~ 4 g`l D n s ~ ~~ ~ ~~ ~ ~:?~ ~ , ~~ ~' r'v .yc -'- s C) ~ ~ U7 t33 . BY THE COURT: LYNDA M. ANDREAS and : IN THE COURT OF COMMON PLEAS~F p ~ JOHN M. ANDREA5, :CUMBERLAND COUNTY, PENNSY~~ l~ m~ Plaintiffs ~~ ~ -~ . c~ r" ..._ . ~, -< ::n c, , v, : NO. 09-0131 ~° ~ LYDIA R. LEIDICH, ~ c ~? ~'' °m Defendant ~ ~,,., :CIVIL ACTION -LAW -^C -' -mac: CASE MANAGEMENT ORDER ~~JSw,'~ 1• o ~ 'C~ ~ eC~-••~ ~~o~sc~~ AND NOW, this _~~ day of ~ ~.~ _ , 2010, the following Order is issued as to the management of the above captioned case. All written discovery shall be served by ~~ ~ o 2. Plaintiff s counsel shall serve on defense counsel a meaningful witness list and brief description of the witnesses anticipated testimony by i Z i O (counsel shall have the right to add to the list no later than three weeks prior to the pre-trial conference). 3. Defendant's counsel shall serve on Plaintiff s coun el a meaningful witness list and brief description ofthe witnesses' anticipated testimony by 1 j 1 i (counsel shall have the right to add to the list no later than three weeks prior to the pre-trial conference). 4. All discovery depositions shall be concluded by c~ ~ / D 5. All surveillance data including but no limited to photographs, video and out-takes shall be provided to Plaintiffs counsel by ( ~~ 6. Plaintiff s cou se shall serve on defense counsel all expert reports and curriculum vitae of experts by 1 O 7. Defendant's counsel al serve on Plaintiffs counsel all expert reports and curriculum vitae of experts by ~ ~ ~~ All dispositive motions and motions in limine shall be filed by ~ 1 ~ C~ 9. b ent the filing of dispositive motions, this case may be listed for trial anytime after ~ U by counsel for any party. BY THE COURT: t~ Q ~' SLEY$ OLE , JR., Judge Distribution: /f Robert F. Claraval, Esq., 500 North Third Street, 2nd Floor, Harrisburg, PA 17101 /~'~~ /~A Jefferson J. Shipman, Esq., 301 Market Street, Lemoyne, PA 17043 .~,'~ Judge Oler's Chambers -- Court Administration LYNDA M. ANDREAS and : IN THE COURT OF COMMON PLEAS OF JOHN M. ANDREAS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 09-0131 : c o LYDIA R. LEIDICH, -tim ?, =-n Defendant : CIVIL ACTION - LAW rn ? Mr c? ?? CERTIFICATE OF SERVICE >° rn o o© zC, s X-3 A>= c? ?rn -t no > I hereby certify that I have this day served Plaintiff's Request for Admissions toi?efRdaZ,- Lydia Leidich - First Set by first class mail, postage prepaid, addressed to the following persons: Jefferson Shipman, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 CLARAVAL & CLARAVAL By-Q,1Q u?lQ YY Date: Ito DENISE I. WILLIAMS JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com LYNDA M. ANDREAS and JOHN M. ANDREAS, Plaintiffs Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. LYDIA R. LEIDICH, Defendant NO. 09-0131 Civil JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is r•, ?HE ti-1, 7r it ot5 i I FF "D 28 Pi°' I^c ? I f attached to this Certificate; (3) No objection to the subpoenas has been received, the twenty day waiting period for objections was waived; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: Vefferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: P / i J CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class, postage prepaid, in Lemoyne, Pennsylvania, on : 4 2511] Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Counsel for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: J erson J. Shipman, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com Counsel for Defendant LYNDA M. ANDREAS and JOHN M. ANDREAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 09-0131 Civil LYDIA R. LEIDICH, Defendant JURY TRIAL DEMANDED . NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2nd Floor Harrisburg, PA 17101 PLEASE TAKE NOTICE that Defendant intends to serve two (2) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: fferson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant DATE: J// !0( // CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, postage prepaid, in Lemoyne, Pennsylvania, on : all bI /I Robert F. Claraval, Esquire Claraval & Claraval 500 North Third Street, 2"d Floor Harrisburg, PA 17101 Council for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER -r ; By: Je erson J. Shipman, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lynda M. Andreas and John M. Andreas Plaintiffs vs. Lydia R. Leidich, Defendant File No. 09-0131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Following MRI actual films or CD pertaining to Lynda M. Andreas DOB: 911/60 SSN: 208-56-2858: MRI upper extremity (rt. wrist) dated 7/2/08; MRI upper extremity (rt. wrist) dated 6/30/09 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing tFie things-sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: DATE: - - 1 Seal of the-Court Jefferson J. Shipman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: (Eff. 7197) Prothonotary/Clerk, Civil Division COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lynda M. Andreas and John M. Andreas Plaintiffs vs. Lydia R. Leidich, Defendant File No. 09-0131 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Randall W. Culp 0- Philadelphia Hand Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all radiographs (either actual films or CD of same) any at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary/Clerk, Civil Division L -? Deputy - ?-) DATE: ??? Seal of the Court (Eff. 7/97)