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Home My WebLink About04-2156 ALLEN E. HENCH ATTORNEY AT LAW 224 MARKET ST NEWPORT, PA 17074 TEL: (717) 567.3139 FAX: (('17) 567-3130 I' I GARY L. CAMPBELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~No.2004- d.15d : Civil Action 0 '-I _ ).. /6" VI. MARIAM F. ALIZADA Defendant 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 an 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 TO HIRE A LAWYER, THIS OFFICE MAYBE 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 32 South Bedford Street Carlisle, P A 17013 717-249-3166 ALLEN E. HENCH A TIORNEY AT LAW 224 MARKET ST. NEWPORT, PA 17074 TEL: (717) 567-3139 FAX; (717) 567-3130 \' I GARY L CAMPBELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ;115(" v. : No, 2004 - : Civil Action MARIAM F. ALIZADA Defendant COMPLAINT AND NOW, comes the Plaintiff, Gary L. Campbell, by and through his attorneys, The Allen E. Hench Law Offices and files his complaint as follows: 1. Plaintiff is Gary L. Campbell of 1200 Oliver Street, Newport Pennsylvania 17074. 2. Defendant is Mariam F. Alizada of 421 First Street Carlisle, Pennsylvania 17013. Count I Negligence 3. On or about November 23,2003, at approximately 8:45 Pm, Plaintiff was traveling Westbound on Roadway Drive at the intersection of Schneider Drive, Middlesex Township, Cumberland County in his 1988 Chevrolet. 4. On the same date and time, Defendant was driving Eastbound on Roadway Drive at the intersection of Schneider Drive in Middlesex Township when she crossed into the west bound lane of Roadway Drive and crashed into the Plaintiff. 5. Defendant had a duty to operate her vehicle in a safe and prudent manner so as not to leave her lane of travel and impact the Plaintiff's vehicle. 6. Defendant failed to discharge her duties and obligations with the care, skill, prudence and diligence under the circumstances then prevailing as required by a prudent person acting in a similar circumstance. 7. Defendant breached her duty to Plaintiff in that she: a. failed to maintain control over her vehicle; b, failed to yield right of way to traffic already upon the highway; c. changed lanes without ascertaining that it was safe to do so; d. failed to observe oncoming traffic; ALLEN E. HENCH ATTORNEY AT LAW 224 MARKET ST. NEWPORT, PA 17074 TEL: (717)567-3139 FAX: (717) 567-3130 'I I e. failed to yield half the highway to oncoming traffic; f. failed to keep vehicle in the proper lane; and g. otherwise operated her vehicle in a careless, reckless and negligent manner without regard for the safety of others. 8. By her aforesaid conduct, Defendant was negligent. 9. Defendant's negligence has proximately caused Plaintiff to suffer expenses, loss of wages and damages his property as follows: a. damages to Plaintiffs vehicle $2,972.45 b. towing and storage of vehicle $ 245.00 c, loss of wages $ 412.56 10. As the direct result of the collision, Plaintiff was severely jolted which aggravated an existing degenerative disk problem in his back requiring him to seek medical attention. 11. Plaintiff has elected the "full tort" insurance option under his insurance policy in effect at the time of the accident and is entitled to recover non-economic damages. 12. Because of the Defendant's negligence, as aforesaid, Plaintiff has suffered physical and mental pain, discomfort, inconvenience and limitation on his daily activities. II 13. Plaintiff has not fully recovered from his injuries and it is reasonably likely that he will continue to suffer pain, discomfort, inconvenience, and limitation on his daily activities. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant not in excess of the amount requiring arbitration under the local rules of Court, exclusive of costs, interest or delay damages, and such other relief as the Court may deem just and proper. Count II Negligence per se 14. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 13 hereof as if fully set forth herein. 15. Defendant by her conduct described above, violated Sections 3301, 3306 and 3309 of the Pennsylvania Vehicle Code. 16. Defendants conduct constitutes Negligence per se. LLEN E. HENCH roRNEY AT LAW ~4 MARKET ST. {PORT. PA 17074 : (717)567-3139 :(717)567-3130 II WHEREFORE, Plaintiff demands jUdgment in his favor and against Defendant not in excess of the amount requiring arbitration under the local rules of Court, exclusive of costs, interest or delay damages, and such other relief as the Court may deem just and proper, Respectfully submitted ~E~~fflOO ~). - -~ Timothy . Atherton, Esquire Attorney I. D. No. 19656 220 Market Street Newport, P A 17074 Phone: (717) 567-3139 Attorney for Plaintiff LEN E. HENCH DANEY AT LAW l MARKET Sf ~ORT, PA 17074 (717) 567-3139 (717) 567-3130 II VERIFICATION I verify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief and that this Complaint is brought in sincerity and truth for the reasons mentioned in the said Complaint. I understand that false statements are made subject to law as provided in Title 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities. L~~tfr~ ,I .---- co C,,, ,~ C'.J , - c ') uJ SJ (~, t~',:"-_ .- J C) I ....~ (., (:i r..' _,,6 t.U i)~ _J ',- LC L.}~ , ;::.: , .;r , !L- C_":'> ,- 0 CJ (.) C--' "::l- -::r C> c o -t If) Q) ~ ~9~ ~ Y"') ~. c:r: ~. ::2.-j~ - SHERIFF'S RETURN - REGULAR CASE NO: 2004-02156 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMPBELL GARY L VS ALIZADA MARIAM F CHIEF DEPUTY RONNY ANDERSON . Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ALIZADA MARIAM F the DEFENDANT , at 1445:00 HOURS, on the 19th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE 2004 CARLISLE, PA 17013 by handing to MARIAM F ALIZADA 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 Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 So Answers: r~~ R. Thomas Kline 05/19/2004 ALLEN HENCH ------ Sworn and Subscribed to before By: me this .;lye:: day of ~ ... ~'f A.D. ( L. Q ~..,~ -J"l%thonotary . DOUGLAS LAW OFFICE 1:1 W. HIGH ST. POB2lIl CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. OOUGLAS, ESQ. Supreme Court I.D,# 37926 Gary 1. Campbell In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania VS No. 04 - 2156 Civil Term Mariam F. Alizada Defrndnnt Civil action law Jury Trial Demanded Answer and New Ma!tter 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the defendant was driving her vehicle in the area in question, however, at all times relevant hereto, she remained on her side of the road until she was faced with a sudden emergency and had to swerve in the opposite lane of travel to avoid being hit head-on by the plaintiff. 5. Denied. Denied as a legal conclusion to which no response is necessary. 6. Denied. Denied as a legal conclusion to which no response is necessary. 7. Denied. The allegations are denied pursuant to Pa.R.c.P. 1029(e). 8. Denied. Denied as a legal conclusion to which no response is necessary. 9. Denied. After reasonable investigation the defendant is unable to verify the veracity of the averment and proof thereof is demanded. 10. Denied. After reasonable investigation the defendant is unable to verify the veracity of the averment and proof thereof is demanded. 11. Denied. After reasonable investigation the defendant is unable to verify the veracity of the averment and proof thereof is demanded. 12. Denied. After reasonable investigation the defendant is unable to verify the veracity of the averment and proof thereof is demanded. 13. Denied. After reasonable investigation the defendant is unable to verify the veracity of the averment and proof thereof is demanded. Wherefore it is prayed that judgment be entered in favor of the defendant and against the plaintiff in an amount requiring compulsory referral to arbitration. May 24, 2002 Respectfully ubmitt , \N~ Q. William P. Douglas, E Attorney for Plainti AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/ or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: May 24, 2002 ~~ ,t William P. Douglas (') ~; 32~:: Z-1 ~~~ ; '.:;e:.... -,< ~~~~- r-> = c;::=> ~ <--- s:; ~ -l o -n :;:l h1:D ,- -orTl :uCl aL ~.-\~2 ~ ., r;o;:D :":;(J fc'~r~ ~;:':l -a -"~ <f\ r:T' ~.~J .< r:mr L. aMmL, Plaintiff IN WE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2WI-2156 CNIL kticn ~ 2WI Mrian F. A1iza:la, IMenlant AUG - ~ 200~ RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: -, Tinothy N. lItiErtm , counsel for the plaintiff/~ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is. $ 3,63:).01. plus r:ain, d:i.so:mfart, cnl:ioo:::nvmim:e ~ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Tinothy N. lItiErtm cnl Willian P. I.\:x1g1as WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, -'-'T7! ( , ............ 1 "". '.,,] I ( ORDER OF COURT AND NO~ 2 J~ ;9 , t'J){Ftf U; in consideration of the foregoing petition,~/.JUb (~taI::.- Esq., /l1t:Uk ~ Es~., and J A-!.l~ C}rMJr~Jt.r . Esq., are appointed arbitrators in the above captioned action (or lcllons) as prayelfor. () i?~ i J PJ. ."'r:) c..,..: 1..'.-- !"""', 7UP~ ~ '1. ~ __ __ 0' ~ ~ ~ .(:: ....:2 p:.... o -4 ~ - ~ \-F " :,.,,) - G-~ L. C o..rnpkJ I Plaintiff f\A~~i ~VV\ r A I; z...~Jo.. Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. () t./ - 2.' 5{p Civil Action - Law. Oath v We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. -t~~~~ /lii~~~iffo - 2-8" b 3t<phdlr"\l~ ~. ~~....t ~ Nafue (Chairman) 5+<()~t'l:l t:-'~ok~~_ Law Firm (PI W.l..ov~"" st. Address Gr-Ilj f(:- City, 171)1.) Zip 11 J()5()J' ~pA.~ -nPhutl1 ft1. (IfLYhv~ Name J ~ ~Mlu" Pr,. Law Firm ~!:> - .:U)'11l'1'l (f;IN; ~331 MMju,r 9r<d- Address C~r tfi II, Pit 11 0 II City, Zip ~~ AJarl< (I. b v/'.,(',. Name W~ "J:,h....!d,..J ';J IJ,tI,'e.,. , S~ 0( LawFirmf~'" :2.5-/f'O~360 31)/ J)..rW Sl. Address h/Y)7,J~) fA f 7b '/3 City, Zip It 11'13 I Award We, the undersigned arbitrators, having been duly appointed and sworn (or affIrmed), make the following award: _ (Note: If damages for delay are awarded, they shall be separately stated.) , F.V' -rN PJa.IVl-hcf:P I~ ~ a..~yj c+ it Y L q 0 . $2- Date of Hearing: } 2../1)1 {) i Date of Award: 12!t<!oy . Arbitrator, dissents. (Insert name if applicable.) ~4j' )a~ %-L~J Notice of Entry of Award . -,..... , ~. (Chairman) Now'the J5!!' dayof ItPn~.."."k'.J,20Cl'-l ,at /D:~(, , 4..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .:<. 90. oV By: Deputy ~ .~--to I~ Lu~ ~ ~. 1:1 \1~\O'f ;:'; t--..} (.'-~) 0 - c.." - -l'l '. L":l i:i1 ~~ r-". . , c') , 'Tl ri (r I ; C; " I ; ( '"~.'t ~, '. ... ," , .. " f\..') " , C" -'~ 7/. ~ . ~ ,/..2() ~ Sf, ~j 11. /707Y p~. t:,~ ;;'J0./~ ~ "O?O.t3M/;2(,f ~'J (;2 .. .:,-. , , " , . . ,. _.."'. II.. \ ..,.. . " . .'- . ' .~ . . ALLEN E. HENCH ATIORNEY AT LAW 220 MARKET ST NEWPORT, PA 17074 TEl: (717) 567-3139 FAX: (717) 567-3130 [I GARYL. CAMPBELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2004 -2156 : Civil Action MARIAM F. ALIZADA Defendant PRAECIPE Please enter judgment on the award of Arbitrators in the above captioned matter in the amount of $4,290.52 as per the attached award, which is made a part hereof, TIMOTHYN. AT RTON Attorney for Plaintiff ~ ~ig - .t -0 .- V) D- ~~j 1"-" <:;;:'::l c:1 c::.J'1 -<1 r'-:! (,f".; ~."- -- .......... I N Sf1 _4 -:L.-:} rnr;l -db ~n 1 'i~~~{ t:';.) '~._:\ ',"... C.j '-') ~...:.., 0C G'I L. C 0-1'1-\ pk/l Plaintiff (\At). r- ilHV\ r. A I: ~Ja.. Defendant bEe 1 r., 200\ In The Court of Common Pleas of Cumberland County, Pennsylvania No. 04 - 2.' 5(P Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~"'''l~ f. <!h.,..i:~ Na e (Chairman) it1~,,:~ ~.tkt.:tckRt-l,&_ La Firm '-f (PI "'I. 1-o\.rrJ,.,~8t~_ Address _~:l 'J k. City, Ilcl3 Zip 11 lO6 oS' ~p~~ 1lPfAA) /VI. (la.vfwVi~1J- Name ~ $' alure A,f""/; C, bd/.- Name ~';'MI111P(. LawFirm .Q!> - -<O"l1l/1 celN) Gl2,~1 MMju,r- sY.(lA- Address L/'",-,~,.J '0"~_ Law Finnf~.. 25- J t'O~36i> 3;' t-I.,-U~ 5t Address ~I City, Zip h""",,.J(.. fA 170'13 . I; ,- Clty, ZIp 1i/1'i31 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . F... -rk P}al~-k#? I~ -tl.: c........yj 0+ it l.-( Lq 0 . 5.2- Date of Hearing: 12,11-;/ b tf Date of Award: 12./I';/oll . Arbitrator, dissents, (Insert name if applicable.) i a ~Lt!-1~ /; I( Notice of Entry of Award (Chairman) Now, the l~ dayof;,jJ", ,...../..;. " 20 Cl'i , at /IJ: 2(, ,f-} "M" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .( 90. IJO rothonotary By: Deputy AFFIDAVIT GARY L. CAMPBELL Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VI. : No, 2004 -2156 : Civil Action MARIAM F. ALIZADA Defendant On April I?> ~005, before me a notary public, the undersigned officer, personally appeared Gary L. Campbell, who being duly sworn according to law, and intending to be legally bound hereby, depose(s) and say(s): That he is the Plaintiff in the lawsuit filed in the Court of Common Pleas of Cumberland County at #2004-2156, That the lawsuit stems from an automobile accident in which Defendant struck Affiant's automobile; That an award of Arbitrator was entered in favor of the Affiant on December 15, 2004 in the amount of $4,290.52; That no appeal has been taken from said award: That the Defendant has not paid this award nor has she appealed the award. That the purpose of this Affidavit is to facilitate the taking of the Defendants drivers license for failure to comply with the financial responsibility provisions of the Pennsylvania Motor Vehicle Code, That the foregoing is true to the best of Affiant's knowledge, information and belief. ~~LJ (SEAL) Sworn and subscribed to before me April r?::> ,2005, -- ~ > . ,\ ^n . AI'- 0 ~. G a..Jl)C t ARY P~LIC MY COMMISSION EXPIRES: Nota-'" ,~.,,-'---' ." LINDA J. HP11" '.. "~.~\:'i'f PUS1lC NEWPORT BOROUGH. PEP-HY CO.. PA ~ ~!!1lsslon Expirp.s ~!rw. ~'Il :,~r;7 tV \-> ~ 'l lJJ -:3:\ ~ 0 -Q\?~ 0 -t. -u -, :;; h; \\'- ?::> "+-- ~ -€ "'0 r :s- ~ ~ ,>, 0 -0 - " - 0 -+-. ., t ~i'- --- -G ~ !) ~ ~ c ~ -..-L :;. ~ <:> ----<--+- '-" ---------- ALLEN E HENCH ATTORNEY AT LAW 220 MARKET 5T, NEWPORT, PA 17074 TEL: (717) 567-3139 FAX: (717) 567-3130 GARY L. CAMPBELL Plaintiff v. MARIAM F. ALIZADA Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2004 -2156 : Civil Action PRAECIPE Please mark the judgment in the above captioned matter satisfied. <:i:i.' e ch Law Office B. ' ~()Jt;J Timothy N. Atherton, Esquire ---"". Attorney for Plaintiff Q ~;; :~ r-':> c> g -n 0' -~ .,rl ~,..., c2 ...,....... , v:l C!? -. .;.. CI'