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HomeMy WebLinkAbout01-1492SANDRA KAYE SMITH, and DAN C. SMITH, Plaintiffs VS. EDMOND G. MOORE, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 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 defense 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SANDRA KAYE SMITH, and DAN C. SMITH, Plaintiffs VS. EDMOND G. MOORE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, Sandra Kaye Smith and Dan C. Smith, by and through their attorneys, Caldwell & Kearns, to aver as follows. 1. Plaintiffs are Sandra Kaye Smith and Dan C. Smith, adult individuals, husband and wife, who resides at 2927 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant Edmond G. Moore, Jr. is an adult individual with a last known address of 15F Rebecca Drive, Duncannon, Perry County, Pennsylvania 17020. 3. On or about June 14, 1999, at approximately 3:34 p.m., Plaintiff Sandra Kaye Smith was the operator of a 1992 Toyota Camry, registration number BLV6012. 4. On said date and time, Plaintiff's vehicle was traveling westbound on Simpson Ferry Road approaching the intersection with 16th Street, in New Cumberland, Cumberland County, Pennsylvania. 5. On said date and time, Defendant was operating a 1999 Dodge Durango, registration number BSH3140, and traveling eastbound on Simpson Ferry Road approaching the intersection with 16'h Street, in New Cumberland, Cumberland County, Pennsylvania. 6. On said date and time, Defendant attempted to make a lefthand turn onto 16th Street by pulling into the path of Plaintiff's vehicle, thereby causing a collision. This accident occurred as a result of the negligence of Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. The negligence, carelessness, and recklessness of Defendant Edmond G. Moore, Jr. consisted of, but is not limited to, the following: a. Failing to stop his vehicle before it struck Plaintiff's vehicle; b. Failing to yield thc fight of way to other vehicles on the roadway, specifically Plaintiff's vehicle; c. Operating his vehicle with a careless disregard for the safety of the Plaintiff; d. Failing to maintain a proper lookout for vehicles on the roadway; e. Operating his vehicle too fast for the conditions then and there existing; f. Failing to exercise due care under the circumstances; g. Violating the Motor Vehicle Statutes of the Commonwealth of Pennsylvania, including, but not limited to, 75 Pa.C.S. §3322; h. Violating the Motor Vehicle Statutes of the Commonwealth of Pennsylvania, including, but not limited to, 75 Pa.C.S. §3334; and i. Violating the Motor Vehicle Statutes of the Commonwealth of Pennsylvania, including, but not limited to, 75 Pa.C.S. §3361. COUNT ONE SANDRA KAYE SMITH vs. EDMOND G. MOORE, JR. As a result of the above-described occurrence and Defendant's negligence, Plaintiff Sandra Kayo Smitb sustained scfious and permanent injuries in and about her body, including, but not limited to, facial abrasions and contusions, cervical strain, anxiety, and spread ofpsofiasis to her face. VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: ,¢-/,-cl By: Sandra Kaye Smith VERIFICATION I verify that the averments in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: '~(~F"~ oi~ By: Dan C. Smith SHERIFFIS RETURN - OUT OF COUNTY CASE NO: 2001-01492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH SANDRA KAYE ET AL VS MOORE EDMOND G JR R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT MOORE EDMOND G JR but was unable to locate Him deputized the sheriff of PERRY , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 30th , 2001 attached return from PERRY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. PERRY COUNTY 61.40 .00 98.40 03/30/2001 CALDWELL & KEARNS Sworn and subscribed to before this // ~ day of ~ A.D. Prothonotar~ ' me this office was in receipt of the So answ~r-~. .. ~ .~.~--23~ R/Thomas Kline / Sheriff of Cumberland County SANDRA KAYE SMITH, and DAN C. SMITH, Plaintiffs VS. EDMOND G. MOORE, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1492 : C1VIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF SA1D COURT: Please mark the above-captioned matter as settled, discontinued and ended. Dated: 0~479/19537 Respectfully submitted, Att0mey I.D. N)~. ~115 //3631 North Frdnt'Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiffs