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Home My WebLink About09-8314I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, Plaintiff V. CIVIL ACTION - LAW No. (A - 8314 CtVi l Ter," MICHAEL LAWYER, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013-3387 TELEPHONE NO. (717) 249-3166 EN LA CORTE DE ALBGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA DIVISION CIVIL 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) dias to plazo al partir de la fecha de la demanda y la notification. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de sus persona. Sea avisado que si usted no se defiende, la corte tomatara medidas y puede entrar una orden contra usted sin previo aviso o 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 PAGER TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO A GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013-3387 TELEPHONE NO. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, Plaintiff V. MICHAEL LAWVER, Defendant COMPLAINT CIVIL ACTION - LAW No. 0 9- 4 31 V C L t -7;4+t-' JURY TRIAL DEMANDED AND NOW, this W day of December, 2009, comes the Plaintiff, by her attorneys, Diveglia & Kaylor, P.C., who files the following Complaint on her behalf and avers in support thereof as follows: 1. Plaintiff is Bettye J. Anderson, an adult individual, who resides at 2 West Oakwood Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Michael Lawver, an adult individual who resides at 1484 Old Carlisle Road, Aspers, Adams County, Pennsylvania 17304. 3. On December 11, 2007, at approximately 11:40 a.m., Plaintiff was operating her motor vehicle in South Middleton Township, at the I-81 Northbound and was attempting to enter onto the interstate roadway. 4. At the above said time and place, the Defendant was traveling to IL the rear of Plaintiff, on the ramp, when he suddenly struck the rear of Plaintiffs vehicle causing serious bodily injury to her. 5. As a result of the above described collision, Plaintiff immediately felt her back have a feeling of burning with extreme pain to her lower back. 6. The Plaintiff continued to incur pain of various degrees from the date of injury to the present. 7. The low back injury of Plaintiff as a result of this collision eventually resulted in the requirement of surgery to remove the injured discs and to place intervertebral cages in their place to secure her lower back. 8. As a result of the above described surgery of October 29, 2009, Plaintiff has incurred serious impairment of bodily function of her low back that has caused serious disruption of her daily life's activities. 9. As a result of the above described injury and medical treatment, Plaintiff has incurred large medical expenses beyond her auto insurance coverage. 10. As a result of her above described injury, Plaintiff has incurred a 2 loss of earnings and may incur a loss of earning capacity. 11. The above described injuries were the result of the negligence of the Defendant, which consisted of the following: A. He failed to observe the roadway. B. He failed to maintain a safe distance behind the vehicle in front of him. C. He drove his vehicle in an erratic manner. D. He struck the rear of Plaintiff ahead violating Pennsylvania's assured clear distance ahead statute and thus, is negligent per se. WHEREFORE, Plaintiff demands judgment for the amount above the jurisdictional limits for Arbitration in the County of Cumberland Pennsylvania together with interest and costs. Respectfully submitted, Date: ! Z `? -Df DIVEGLIA & KAYLOR, P.C. By: 3 Q.- ? k Archie V. Diveglia, E Attorney I.D. #1714 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff 4 . r . VERIFICATION The foregoing COMPLAINT is based upon information which has been gathered by my counsel in the preparation of the lawsuit. I have read the COMPLAINT and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date ?3 - S&q0 n. ?Cmd&u? Bettye J. Aitider'iAn, Plaintiff 0 it 7f- ct r UT ARY 7609 DEC -2 PH 12: 4 3 Cu ' uj` I-y PENN6YLVAIr I 4%, 5D PO ATT`/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, Plaintiff v. MICHAEL LAWVER, Defendant To: Mr. Michael Lawyer 1484 Old Carlisle Road Aspers, PA 17304 Date of Notice: January 12, 2010 IMPORTANT NOTICE CIVIL ACTION -LAW No. 09-8314 CML TERM JURY TRIAL DEMANDED c =.:1 ~ o ~ f~ ~ ,, A , ` ~ rn~ L;' . ` ~ _Tj ~'~-: ~~ .` ~ ~' ~ :; ~:~~ c.,~ p YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013-3387 TELEPHONE NO. (717) 249-3166 Date: ~ ~ Z ~d Respectfully Submitted, DIVEGLIA 8a KAYLOR, P.C. By: Archie V. Diveglia, E Attorney I.D. #171 Two Lincoln Way We New Oxford, PA 173; (717) 624-2500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, CIVIL ACTION -LAW Plaintiff v No. 09-8314 CIVIL TERM MICHAEL LAWVER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, I, Archie V. Diveglia, Esquire, for Diveglia and Kaylor, P.C., hereby certify that a copy of the IMPORTANT NOTICE was served January 26, 2010, as indicated by the signed return receipt card attached hereto, first class ~ ~' ~~ U.S. mail and Certified Mail, Return Receipt # 7007 2680 0000 098~783~', -_~ T, postage prepaid and addressed to the following: -~ ~=' ~:, ~~ :.. Mr. Michael Lawver _ , t _"~ 1484 Old Carlisle Road _ t~ y~ ~. a~ Aspers, PA 17304 DIVEGLIA 8a KAYLOR, P.C. Date: ~ z8 ra Archie V. Diveglia, Attorney I.D.# 17 40 Two Lincoln Way e; New Oxford, PA 1735 (717) 624-2500 Attorney for Plaintiff ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~~, M~~~ ~,~~ I~g~ d,~ Cow\i5~~. P~S~S ~ 1~1~ ~~ 3b~ by (Please Pint Clearly) B. +Date ofPelivgry~ C. ^ Agent D. Is delivery eddr~s d'rfferent from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Servic ype ertified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 70D7 268 0~~~ 098 7835 (transfer from ser PS Form 3811, March 2001 Domestic Return Receipt tozsss-ot•M-taza r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, CIVIL ACTION -LAW Plaintiff v. No. 09-8314 Civil Term MICHAEL LAWVER, . Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER ~ AND NOW, this 24t'' day of February, 2010, comes the Plaintiff,~vh~ile~ ~, T,±E` -~ the following Reply to the Defendant's New Matter as follows: '_'= ` ~ ~ ,?~~ N ~?'~~' rn ~ ~7 `_ ',, i ~~ C.~? T -'~ 12. No response needed. - ;- ~ ~'~` =~` o 13-15. Denied. The matters set forth in these paragraphs are deemed as conclusions of law to which no further response is necessary. Respectfully submitted, Date: 02 Z`~ ~~ DIVEGLIA 8v KAYLOR, P.C. By: ArL~hi~CT. Diveglia,~sq Attorney I.D. #171 0 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff ,~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, Plaintiff v. MICHAEL LAWVER, Defendant CIVIL ACTION -LAW No. 09-8314 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7i da of February, 2010, I, Archie V. Diveglia, Esquire for Diveglia 8v Kaylor, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER was served first class U.S. mail, postage prepaid and addressed to the following: Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie 8v Skeel, P.C. 707 Grant Street Gulf Tower Suite 2400 Pittsburgh, PA 15219 DIVEGLIA 8v KAYLOR, P.C. Archie VfUiveglia, ~q Attorney I.D. # 17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff A C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, CIVIL ACTION - LAW Plaintiff . V. No. 09-8314 Civil Term MICHAEL LAWYER, Defendant JURY TRIAL DEMAND = CERTIFICATE OF DISCONTINUANCE TO THE PROTHONOTARY: c; -' - Please discontinue the above captioned matter. All claims in the Complaint have been satisfied in full. Respectfully Submitted, DIVEG A 86YL R, P. . 07 Date: /0 - i '? - By: Arc ffi. Diveglia, sqi Attorney I.D. #1714P Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff JA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BETTYE J. ANDERSON, . Plaintiff V. MICHAEL LAWYER, Defendant CIVIL ACTION - LAW No. 09-8314 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this A -I-day of October, 2011, I, Archie V. Diveglia, Esquire for Diveglia 8v Kaylor, P.C., hereby certify that a copy of the foregoing CERTIFICATE OF DISCONTINUANCE was served first class U.S. mail, postage prepaid and addressed to the following: ,Jeffrey C. Catanzarite, Esquire Summers, McDonnell, Hudock, Guthrie 8s Skeel, P.C. 707 Grant Street Gulf Tower Suite 2400 Pittsburgh, PA 15219 DIVEGLIA 8v KAYLOR, P.C. Arch`i@X Diveglia, q Attorney 1. D. #1714 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff