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HomeMy WebLinkAbout04-3335 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA HARDIN, Plaintiff CIVIL ACTION - LAW vs. NO.: (jL{- 3335 PATRICIA DAYTON, Defendant JURY TRIAL DEMANDED WRIT OF SUMMONS TO: Patricia Dayton 1128 Highland Drive Mechanicsburg, P A 17055 You are hereby notified that Plaintiff DEEDRA HARDIN has commenced an action against you. Dated:H 9- :wY /s/c~ ~/tmIJ Prothono~ ~ It: St' ~117-~L/1f 308486-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEEDRA HARDIN, Plaintiff CIVIL ACTION - LAW vs. NO.: PATRICIA DAYTON, Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly commence an action as above-captioned against PATRICIA DAYTON at the following address: PATRICIA DAYTON 1128 HIGHLAND DRIVE MECHANICSBURG, P A 17055 AOOreN:;~iE&FRBC I.D. No. 83894 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff B Date: 308486-1 ...,... 7J D Vj ~ ~ ~ ~ v "" --'0 ->-.l "'- v.l '(!:] ~ :3 '-'\ oQ ~ -+- ~ ~ ,.-- >:. r ~ ,:"" J" ~ ,.--., c: ,., ~ ~ ~ "----' C2> {-..J '-:::'l (=.:1 0 ..J....- ~1 j c.. \.!. f',) , . .'.-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DEEDRA HARDIN, Plaintiff CIVIL ACTION - LAW NO.: 0lI- 3335' vs. PATRICIA DAYTON, Defendant JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please reissue the Writ of SUl11mons in the above captioned matter: By Date: August 6, 2004 308486-1 &E~ "" = = .s.- J~:IOI C~ G'") , O"~ o .1 "-:1 fh :D " -or"'fl ~':JC) () .1 il..-) .-1"--1-; ~~;'? ~Ij cSr'n ~;! ~:o -::;: "'":J :;,:: ~ (.,~) N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03335 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARDIN DEEDRA VS DAYTON PATRICIA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DAYTON PATRICIA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 24th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 34.25 .00 71.25 08/24/2004 METZGER WICKERSHAM so~.sw~ :' ~ _ .._---? ~~~ R: Thomas Kline .' Sheriff of Cumberland County Sworn and subscribed to before me this .3) AJ-- day of Q" r-.J- J.-vo'i A.D. C"- - 0- .~~ AL.L' iil..l--prothonotary , '-,-' '-, - .--. - --.- ___-. ,..-.--- .--'-'-- {7TTj 77 PRiIlT- SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 45 N. GEORGE ST., YORK, PA 17401 .... .'''"~'''';'''.'.....~~r.~.~..... rl~~_;Y".L\ _ ,.:,_, .._.\~\;:';~.~ _HO-t ,. ,...\W.~~fI_ <',-." ,,'" ,,' ,,' '.Y"",' /."..... Y',_. ."," - Deedra Hardin 2 COURT NUMBER 04-3335 civil ... TYPE OF WRIT OR COMPLAINT Writ of Surrrnons, reissued 1 PLAINTIFF/Sf 3 DEFENDANT/Sf Patricia Dayton SERVE { 5 NAME OF INOIVlDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD ...... Patricia Dayton ..".. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT, NO.. CITY. BORD. n/\/P, STATE AND ZIP CODE) AT 1128 Hiqhland Drive Mechanicsburg, PA 17055 7 INDICATE SERVICE' o PERSONAL QPERSONINCHARGE JlDEPUTIZE O:k~&~d CJ1STCLASSMAIl UPOSTEO WQTHER NOW _August 9 , 20~ I, SHERIFF OF" COUNTY, PA, do hereby deputize the sheriff of . York. . . COUNTY.'o. execute !b.i!JIIIr~ake return t . ccording to law. ThiS deputlzatlon being made at the request and risk of the plaintiff. .F /.---~nr...e<. ~ SHERIFF OF , ~OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE: ABLE ON WRIT OF EXEC ION: N.. AI R OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in pos sion, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff 10 any plaintiff herein for any lOll. destrudion, Of removal of any property before sheriff's sale thereof. ' 9. ~p~:EanDDR~ SOIATT3Zi/7Xr;:;SJ'.GpOU0w53lb M .0 !7110 1':J;rJ717BER I "iZFI,LOl! Q-"""t~;?:~:~:.::_._..... 13 I adlnowtedge receipt 011.. wr' , ^ I I'" ~ RrCEIVED __5. 'a . or compla'" as Indicaled above (( ./1 V\. (-e n j 0 - I () - ()/( 16. HOW SERVED PERSONAlp<( RESIDENC~ POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE RE 17. CI I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAM~'~ T.nz.' L~.INDIVID l SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date 01 Service 120 Time of Service - . '/l1l. p . ~ ~t\'e\.""4 {()~O 2'~E ~Da ,me r'~s In' Dal.1 Time I MiI.sl,n, I Dal.1 Time I MiI"I,n. I Da'.1 Time I MOos I In' I Dale I Time I Miles I In' I Dale I T'me I MiI.s I'nl 22. REMARKS: 71l' ~ )1& ) ~ 237~ z:o 12.. r;WSIS 125 NIF I i~~z~ 127 Poswgel j~i~ 129. Poood I j ~oDO 13'. Su,chg 1~~r2Sl33qoS,D~A;~;: :14. F_gn County c..... 135 Aqvance Cos's 136. S.N'ce Costs 137. Nowl"( Gen. 136 MMeagelPosIagelNol Found 139. Tolal Co.'S 1.0 co!.~ i~und . . 1 q fJ J ~ANSWERS 41. AFFIRMED and subscribed to before me thIS .... Signature of" 45'.~, / '2 dayol ATlIC .20...D43~ h-tA ~ Dep.Sher;" 'l '11 "'Y"'r. NO RY 46. Signature of York 47 i\TE - Notarial Seal County SheriII' ~ /' /-, . Jame_V. Vangreen, Notary PubUc HI! LIM~ t.l jJOCE" .' ~y7',L/_ :<-19-04 City of York, York County, PA :-' ~ ".I .. ~.::> ..... My Commission Expires Mar. 21 2005 '8.S&gnalureofForelQn 49. DATE , County Sheriff 50. I ACKNOV4EDGE RECEIPT OF T~ SHERIFF'S RETURN SIGNATURE OF AUT~LZEO ISSUING AUTH~ITY AND TiTlE 151 DATE RECEIVED 1. WiITE -lsauingAuthorily 2. PINK -AttOrney 3. CANARY. Sheri"'s Office 4. BLUE - Shent's Office Johnson. Duffie, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendant DEEDRA HARDIN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0<{.3335' NO. "2uu4;335 v. PATRICIA DAYTON, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE AND RULE TO FILE COMPLAINT AND NOW, this I~~ day of September, 2005, enter our appearance for Defendant Patricia Dayton and issue a rule to Plaintiff to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. JOHN By: ART & WEIDNER RULE TO FILE COMPLAINT TO THE PLAINTIFF: AND NOIN, this 11.0 ~ day of September, 2005, a Rule is hereby issued to you to file your Complaint in the above-captioned action within twenty (20) days of the date of service hereof, or suffer judgment of non pros. m J) CERTIFICA TE OF SERVICE AND NOW, this 1.5~day of September, 2005, the undersigned does hereby certify that she did this date serve a copy of the PRAECIPE TO ENTER APPEARANCE AND RULE TO FILE COMPLAINT upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Edward Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P. O. Box 5300 Harrisburg, PA 17110-0300 JOHNSON, DUFFIE, STEWART & WEIDNER By ~f..({r csj:258788 22740-1984 g ;;: --Ql'):;, rnn """:"'"T" z(~ ~~; ,,-:.,~c., o:p"C: ~ ~ ~ ~ - C1' ~ ~:n ~~, . ....1 '~~ ~ ~ -Q % ~ (f\ -' Johnson. Duffie, Stewart & Weidner By: Wade D. Manley 1.0. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendant Patricia Dayton PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , ')?>3S" NO. 2004-555- DEEDRA HARDIN, v. CIVIL ACTION - LAW PATRICIA DAYTON, JURY TRIAL DEMANDED DEFENDANT NOTICE TO PLEAD TO: Deedra Hardin c/o Edward E. Knauss, IV, Esquire Metzger Wickersham PC 3211 North Front Sl. P.O. Box 5300 Harrisburg, PA 17110-0300 "3,11 AND NOW, this - day of November, 2005, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHN1?N, DUFFIE, STE By: [lVJ-Jv. 'D. Wade D. Manley RT & WEIDNER ( Johnson. Duffie, Stewart & Weidner By: Wade D. Manley 1.0. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendant Brian Richardson DEE ORA HARDIN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 2004-335 v. CIVIL ACTION - LAW PATRICIA DAYTON, JURY TRIAL DEMANDED DEFENDANT ANSWER AND NEW MA TTER AND NOWthis f,~ day of November, 2005, comes the Defendant, Patricia Dayton, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Answer to the Plaintiff's Complaint, and in support thereof avers as follows: 1. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted in part; Denied in part. It is admitted that on July 12, 2002, in the morning, an accident occurred at the intersection of Clemson Drive and Citadel Drive, Camp Hill, Cumberland County, Pennsylvania. The remainder of the averments contained in this paragraph are generally denied pursuant to Pa.R,C.P. 1029(e), and strict proof thereof is demanded at the time of trial. 4. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part; denied in part. It is admitted that the Defendant attempted to make a turn at the time and place indicated. The remainder of the averments contained in this paragraph are generally denied pursuant to Pa.R.C.P. 1029(e). 9, Denied. The averments contained in this paragraph constitute conclusions of fact and law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 10. Denied. The averments contained in this paragraph are conclusions of law to which no response is required, If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. It is specifically denied that the Defendant was careless, reckless and/or negligent in a manner as follows: a. Failing to slow or stop the vehicle she was operating to avoid a head-on collision; b. In operating the vehicle at an excessive rate of speed under the circumstances; c. Operating her vehicle in a careless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. S3714 and applicable law; d. Operating her vehicle in a reckless disregard for the safety of persons and/or property in violation of 75 Pa. C.S.A. S3736 and applicable law; e. In failing to apply the brakes to the vehicle she was operating or take other evasive action to avoid a collision with the front of the Plaintiff's vehicle; f. Driving at a speed greater than is reasonable and prudent under the circumstances and having regard for the actual and potential hazards then existing and at a speed greater than will permit her to have brought her vehicle to a stop within the assured clear distance ahead in violation of 75 Pa C.S.A. S3361 and applicable law; g. In failing to give warning to Plaintiff Hardin of her impending collision; h. In failing to observe Plaintiff's vehicle on the highway; i. In failing to operate her vehicle in accordance with existing traffic conditions; j. In failing to exercise the high degree of care required of a motorist approaching an intersection; k. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets or highways; I. In failing to keep her vehicle under proper and adequate control so as not to expose other users to an unreasonable risk of harm; m. In failing to drive on the right side of the roadway in violation of 75 Pa. C.S.A. S3301 and applicable law; n. In failing to familiarize herself with the roadways and her surroundings; and o. In not paying attention to her surroundings. 12. Denied. The averments contained in this paragraph are conclusions of law and fact to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. Additionally, after reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments contained in this paragraph, specifically it is denied that the Plaintiff sustained, and may in the future sustain, serious and debilitating injuries some of which are or may be permanent, such as the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical spine with the radicular symptoms of numbness and tingling in her index, middle, and ring finger; and b. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the left shoulder with numbness into her left arm. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 14. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 15. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 16. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. 17. Denied. After reasonable investigation, the Defendant is without sufficient knowledge to either confirm or deny the averments in this paragraph, and therefore the averments are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant, Patricia Dayton, respectfully requests that this Honorable Court enter judgment in her favor and against the Plaintiff, Deedra Hardin, and dismiss the Plaintiff's cause of action against her with prejudice. NEW MA ITER 18, The Plaintiff's injuries and damages are not caused by any acts, omissions, and/or breaches of duty by the Answering Defendant. 19. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 20. Any damages that the Plaintiff may be entitled to recover in this action are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. 31701, et seQ. 21. The Plaintiff's claims and/or alleged losses may be barred and/or limited by the Limited Tort Option pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Law. 22. If it should be found that there was any negligence on the part of the Answering Defendant, which negligence is specifically denied, any such negligence was not a proximate cause of the Plaintiff's harm. 23. The Plaintiff may have failed to mitigate her damages. 24. Any negligence on the part of the Answering Defendant, which negligence is expressly denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiff. 25. This accident may have been avoidable. 26. This accident may have been caused by a sudden emergency. 27. If the Plaintiff suffered the injuries alleged in the Complaint, those injuries were caused in whole or in part by the negligence of the Plaintiff and recovery in this action may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. 28. The Plaintiff may have assumed the risk of any injuries he allegedly sustained. 29. The Plaintiff's cause of action may be barred by the applicable Statute of Limitations. WHEREFORE, the Defendant, Patricia Dayton, respectfully requests that this Honorable Court enter judgment in her favor and against the Plaintiff, Deedra Hardin, and dismiss the Plaintiffs cause of action against her with prejudice. Respectfully submitted, ead :261262 22740-1984 JOHNSON, DUFFIE, STEWART & WEIDNER By' ?,;",v. 1). ~ . Wade D. a ley\ J VEERIFICA T10N The undersigned confirms that the facts set forth in the foregoing Answer and New Matter are true and correct. This verification is made subject to Ihe penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsifications to authorities. '-d:Zu.(}j ~ i,rucli--n Palricia Dayton Dated: /0/31 )c,f CERTlFICA TE OF SERVICE -vJ.. AND NOW, this...:!...::..... day of November, 2005, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Edward E. Knauss, IV, Esquire Metzger Wickersham PC 3211 North Front SI. P.O. Box 5300 Harrisburg, PA 17110-0300 JOHN rON, DUFFIE, ST By: ();* '7:>. Wade D. Ma ley ART & WEIDNER <>. r--' ~~-~ (;::;) "-" \-c; -~ ,".- C:J- -::.:. I .r o -n ..... --r:::n 111r' ---)t.::0 ",0 qb or: :.-\; -:'"2(") ;':.;rn S-::'t ~'>- ~ '-< :s "", t;-? <,,,) a:> , .. METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Deedra Hardin Plaintiff DEEDRA HARDIN, vs. PATRICIA DAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3335 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, eomes the Plaintiff, Deedra Hardin, by and through her attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 18-29. The allegations in these paragraphs are all denied. WHEREFORE, Plaintiff demands that the New Matter be dismissed and that judgment be entered in her favor with costs. Respectfully submitted, METZGER, Wj.CKERSH:;M, KNAUSS & ERB, P.C. //.. 0/7 -7?, By: I'i-~":~I/C~~- Edward E. Knauss, IV, Esquire Attorney I.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Dated: (/_! (}-v) 340824-1 .. VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff, Deedra Hardin, and that the facts in the foregoing Plaintiffs Reply to New Matter are true and correct to the best of his knowledge, information, and belief, and that said matters relating to the Plaintiff, Deedra Hardin, are as known to the undersigned as to the client, Plaintiff, Deedra Hardin, said knowledge being based upon information contained in the attorney's file in this matter, and further states that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. ,/ ~~ee:~--.. Edward E. Knauss, IV, Esquire Dated: 1/' / cJ ' U S- 340824-1 " ... CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Reply to New Matter with reference a- to the foregoing action by first class mail, postage prepaid, this /Oaay of November, 2005, on the following: Wade D. Manley, Esquire Law Offices of Johnson Duffie P.O. Box 109 Lemoyne, P A 17043 y~/[~;Z? /Edward E. Knauss, IV, Esquire ~ 340824-1 n ('~ -;.: ......, i;.-;;::) C:.:':l ,:II 2~'; ~ M'~.~ C) -n ::;:! rh f72 r,l C; U"; ;r.... C) f" ceo METZGER, WICKERSHAM, P.C. By: Edward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Deedra Hardin DEEDRA HARDIN, Plaintiff vs. PATRICIA DAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3335 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. Date: December 6, 2005 34266)-1 B , KNAUSS & ERB, P.C. Edward . Kiiauss, IV, Esquire I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff c-- ~ .: " '- ,', r:~: !'...