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HomeMy WebLinkAbout01-2376SHEILA C. O'CONNOR, Plaintiff V. DENISE M. COLEMAN, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. OI · 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER, ~/~ 1300 Linglest Harrisburg, PA 17~ (717) 238-2000/ Attorney for Plaintiff ERG SHEILA C. O'CONNOR, Plaintiff V DENISE M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. o/- : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Sheila C. O'Connor, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and bring the within Complaint against the Defendant, Denise M. Coleman, and aver as follows: 1. Plaintiff; Sheila C. O'Connor, is an adult individual who currently resides at 15 Aspen Drive, Narragansett, Rhode Island, 02882. 2. Defendant, Denise M. Coleman, is an adult individual who ctm'ently resides at 665 Gregs Drive, Apartment No. 93, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. At all times material hereto, Plaintiff; Sheila C. O'Connor, was the owner and operator of a 1999 Nissan Altima, bearing Pennsylvania Registration Number BXM 1045. 4. At all times material hereto, Defendant, Denise M. Coleman, was the owner and operator ora 1996 Saturn SL2, bearing Pennsylvania Registration Number ALW 2800. 5. At all times material hereto, there were no adverse weather conditions and the road surface was dry. 6. On or about May 11, 1999, at approximately 10:30 a.m., Plaintiff, Sheila C. O'Connor, was stopped at a red light on the southbound Wesley Drive ramp of Routes I 1/15 in Lower Allen Township, Cumberland County, Pennsylvania. 7. On or about May 11, 1999, at approximately 10:30 a.m., Defendant, Denise M. Coleman, was traveling on the southbound Wesley Drive ramp of Routes 11/15 in Lower Allen Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant failed to observe that Plaintiff' s vehicle had stopped at a red light then and there existing. Suddenly and without warning, Defendant failed to bring her vehicle to a halt and a violent collision resulted. Upon impact, Defendant's vehicle struck the rear end of Plaintiff's vehicle. 9. The aforementioned collision caused extensive property damage and was so severe that the Plaintiff required medical attention. 10. Prior to the aforementioned collision, Nationwide Insurance Company issued a policy of automobile insurance to Plaintiff, Sheila C. O'Connor. Said policy was in effect on May 11, 1999, the date of the collision and the limited tort option was selected. Plaintiff remains eligible, pursuant to 75 Pa. C.S.A. §1705(d), to seek compensation for non-economic losses due to the serious nature of the injuries and the serious permanent disfigurement sustained by her. 11. 12. COUNT I SHEILA C. O'CONNOR v. DENISE M. COLEMAN NEGLIGENCE Paragraphs 1-9 are incorporated herein as if set forth at length. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Sheila C. O'Connor, were the direct and proximate result of the negligence of Defendant, Denise M. Coleman, generally and more specifically, as set forth below: (A) (B) (c) (D) (E) (F) (G) (H) In failing to operate her vehicle at a safe speed, in violation of 75 Pa. C.S.A. §3361; In failing to operate said vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; In failing to maintain proper and adequate observation of the existing traffic patterns, namely, stopped traffic; In failing to keep a proper lookout for vehicles lawfully on the highway; In failing to operate her vehicle at a speed at which she could stop within the assured cleared distance ahead, in violation f75 Pa. C.S.A. §3310; In failing to be reasonably vigilant to observe Plaintiff's vehicle; and In ailing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. §3714. 13. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered personal injuries including, but not limited to, cervical myofascial pain syndrome, associated vertigo and chronic headaches, post-concussion syndrome, torn lateral meniscus of right knee, cervical sprain with inner spinous ligament injury, lumbar sprain with radiculitis, and SI joint dysfunction. 14. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, sustained serious personal injuries requiring emergency medical treatment, surgical intervention and continuing medical treatment. 15. As a direct and proximate result of the negligence of the Defendant, Denise M, Coleman, the Plaintiff, Sheila C. O'Connor, has been, and will in the future be, hindered from attending to her daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 16. As a direct and proximate cause of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered great physical pain, discomfort, humiliation, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medical attention. Plaintiff continues to take medications and incur medical expenses for said injuries, and will continue to do so in the future, to her great detriment and loss. 18. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, sustained a loss of wages, and she will continue to suffer the same in the future, to her great detriment and loss. 20. Plaintiff, Sheila C. O'Connor, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Sheila C. O'Connor, seeks damages from Defendant, Denise M. Coleman, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs, and demands a trial by jury. Respectfully submitted, HANDLER, HENNING & ROSENBERG Attorney I.D. No. 32/298 1300 Linglestown lq[cm~ Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. cC - SHEILA O'CONNOR Date: SHEILA C. O'CONNOR, Plaintiff V, DENISE M. COLEMAN, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ol- : 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 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 2 Liberty Avenue Carlisle, PA 17013 Telephone 717-249-3166 or 800-990-9108 HANDLE~E~NBERG BYw. s~ttH~i~nin ,~Esq./ 1300 L'mglestown/~Sad Harrisburg, PA ~110 (717) 238-200~ Attorney for Plaintiff SHEILA C. O'CONNOR, Plaintiff v DENISE M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Sheila C. O'Connor, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, Esquire, and bring the within Complaint against the Defendant, Denise M. Coleman, and aver as follows: 1. Plaintiff, Sheila C. O'Connor, is an adult individual who currently resides at 15 Aspen Drive, Narragansett, Rhode Island, 02882. 2. Defendant, Denise M. Coleman, is an adult individual who currently resides at 665 Gregs Drive, Apartment No. 93, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. At all times material hereto, Plaintiff, Sheila C. O'Connor, was the owner and operator of a 1999 Nissan Altima, bearing Pennsylvania Registration Number BXM 1045. 4. At all times material hereto, Defendant, Denise M. Coleman, was the owner and operator of a 1996 Saturn SL2, bearing Permsylvania Registration Number ALW 2800. 5. At all times material hereto, there were no adverse weather conditions and the road surface was dry. 6. On or about May 11, 1999, at approximately 10:30 a.m., Plaintiff, Sheila C. O'Connor, was stopped at a red light on the southbound Wesley Drive ramp of Routes 11/15 in Lower Allen Township, Cumberland County, Pennsylvania. 7. On or about May 11, 1999, at approximately 10:30 a.m., Defendant, Denise M. Coleman, was traveling on the southbound Wesley Drive ramp of Routes 11/15 in Lower Allen Township, Cumberland County, Pennsylvania. 8. At approximately the same time and place, Defendant failed to observe that Plaintiff's vehicle had stopped at a red light then and there existing. Suddenly and without warning, Defendant failed to bring her vehicle to a halt and a violent collision resulted. Upon impact, Defendant's vehicle struck the rear end of Plaintiff' s vehicle. 9. The aforementioned collision caused extensive property damage and was so severe that the Plaintiffrequired medical attention. 10. Prior to the aforementioned collision, Nationwide Insurance Company issued a policy of automobile insurance to Plaintiff, Sheila C. O'Connor. Said policy was in effect on May 11, 1999, the date of the collision and the limited tort option was selected. Plaintiff remains eligible, pursuant to 75 Pa. C.S.A. §1705(d), to seek compensation for non-economic losses due to the serious nature of the injuries and the serious permanent disfigurement sustained by her. 1I. 12. COUNT I SHEILA C. O'CONNOR v. DENISE M. COLEMAN NEGLIGENCE Paragraphs 1-9 are incorporated herein as if set forth at length. The occurrence of the aforementioned collision and the resultant injuries to Plaintiff, Sheila C. O'Connor, were the direct and proximate result of the negligence of Defendant, Denise M. Coleman, generally and more specifically, as set forth below: (A) In failing to operate her vehicle at a safe speed, in violation of 75 Pa. C.S.A. {}3361; (B) In failing to operate said vehicle in such a manner that would allow her to apply the brakes and stop before striking Plaintiff's vehicle; (C) In failing to operate her vehicle under proper and adequate control so that she could have avoided striking Plaintiff's vehicle; (D) In failing to maintain proper and adequate observation of the existing traffic patterns, namely, stopped traffic; (E) In failing to keep a proper lookout for vehicles lawfully on the highway; (F) In failing to operate her vehicle at a speed at which she could stop within the assured cleared distance ahead, in violation f 75 Pa. C.S.A. {333 l 0; (G) In failing to be reasonably vigilant to observe Plaintiff's vehicle; and (H) In ailing to exercise reasonable care in the operation and control of her vehicle, in violation of 75 Pa. C.S.A. {}3714. 13. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered personal injuries including, but not limited to, cervical myofascial pain syndrome, associated vertigo and chronic headaches, post-concussion syndrome, torn lateral meniscus of right knee, cervical sprain with inner spinous ligament injury, lumbar sprain with radiculitis, and SI joint dysfunction. 14. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, sustained serious personal injuries requiring emergency medical treatment, surgical intervention and continuing medical treatment. 15. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has been, and will in the future be, hindered from attending to her daily activities and duties, to her great detriment, loss, humiliation and embarrassment. 16. As a direct and proximate cause of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered gmat physical pain, discomfort, humiliation, and mental anguish, and will continue to endure the same for an indefinite period of time in the future, to her physical, emotional, and financial detriment and loss. 17. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has been compelled, in order to effect a cure for the aforesaid injuries, to expend money for medical attention. Plaintiff continues to take medications and incur medical expenses for said injuries, and will continue to do so in the future, to her great detriment and loss. 18. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 19. As a direct and proximate result of the negligence of the Defendant, Denise M. Coleman, the Plaintiff, Sheila C. O'Connor, sustained a loss of wages, and she will continue to suffer the same in the future, to her great detriment and loss. 20. Plaintiff, Sheila C. O'Connor, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Sheila C. O'Connor, seeks damages from Defendant, Denise M. Coleman, in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs, and demands a trial by jury. Respectfully submitted, HANDLER, HENNING & ROSENBERG W. Scott H~ Attorney I.D. ~8 / 1300 Linglestown Road/ Harrisburg, PA 17108~/ (717) 238-2000 Attorney for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SHEILA O'CONNOR Date: SHEILA C. O'CONNOR, Plaintiff V DENISE M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2376 : : CIVIL ACTION - LAW PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the above-captioned Complaint in order that Defendant Denise M. Coleman can be served accordingly. Date: Respectfully submitted, HANDLER, HENNING & ROSENBERG By: ~~q e~ D.$o. 3. .98 1300 Ling sl~to~ Roa, Harrisburg, PA 17108 (717)238-2000 Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-02376 P COMMONWEALTH OF PENNSYLVA~NIA COUNTY OF CUMBERLAND O'CONNOR SHEILA C VS COLEMAN DENISE M Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT COLEMAN DENISE M unable to locate Her ,Sheriff or Deputy Sheriff, who being search and but was in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT COLEMAN DENISE M NOT POUND , as to Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10o00 Dep. Dauphin Co. 29.25 57.25 ~her~ of Cumberland County HAND~ ~ZHENNING & ROSENEERG o5/2 OOl Sworn and subscribed to before me this 3D~ day of ~ ~/ A.D. ~honotary ' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rmehart Assistant Chief Deputy Commonwealth of Pennsylvania : O'CONNOR SHEILA c VS County of Dauphin : COLEMAN DENISE M Sheriff's Return No. 1247-T - - -2001 OTHER COUNTY NO. 01-2376 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for COLEMAN DENISE M the DEFENDANT named in the within NOTICE & COMPLAINT IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 18, 2001 EXPIRED BEFORE DEFENDANT COULD BE FOUND. Sworn and subscribed to before me this 18TH day of MAY, 2001 ! PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $29.25 PD 05/04/2001 RCPT NO 149467 ~ d .tn T. be Coat; of Common Pleas of Cnmner~an County, Pennsy~vanka Shei]a C. O'Connor VS. Denise M. Coleman 01-7376 NOW, 4 / 24 / 01 ,20 ~ ~, I, SHERIFF OF CIYMBERLAND COIJi'JTY, p~a., do hereby deputize the Sheriff of Dauphin COllllty to execute this Wri% this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Count'y, PA ~,IOW, upon at by handing to a and made lmown to Affidavit of Ser~r~ce ,20 ,at o'clock copy of the ori~nal ~O ai1swers, 1VI. served the the contents thereof. Sworn and subscr/bed before me ~3fis__ day of ,20__ Sheriff of COSTS SERVICE MILEAGE .A~FIDAV-IT CounTy, FA SHEILA C. O'CONNOR, Plaintiff V, DENISE M. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2376 CIVIL TERM CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please re-issue the Complaint in the above referenced matter. Please instruct the Sheriff of Cumberland County to attempt service of the Complaint upon the Defendant Denise M. Coleman a/k/a Denise M. Garver a/k/a Denise M. Anderson at the following address: 665 Gregs Drive Harrisburg, PA 17111 HANDLER, HENNING & ROSENBERG Date: W. Scott H/ef~nin~l', :.s4. I.D. #322~8 / / 1300 Ling~n/F )ad Harrisburg,~A 17110 (717) 238-2000 Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COIAWTY CASE NO: 2001-02376 P COMMONWEALTH OF PENNSYLVAiWIA: COUNTY OF CUMBERLAND O'CONNOR SHEILA C VS COLEMAN DENISE M R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT COLEMAN DENISE M but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On July 26th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 29.25 .00 66.25 07/26/2001 So answer~: / i R. /Thomas Kline Sheriff of Cumberland County HANDLER HENNING & ROSENBERG Sworn and subscribed to before me this ~ ~ day A.D. Prothonotary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin Coumy Han'isburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: July 18, 2001 NOTICE & COMPLAINT COLENLAN DENISE M to HER of the original to him/her the contents thereof at 665 GREGS DRIVE HARRISBURG, PA : O'CONNOR SHEILA C VS : COLEMAN DENISE M Sheriff's Return No. 1898-T - -2001 OTHER COUNTY NO. 01-2376 at 8:40AM served the within upon by personally handing 0 true attested copy(ies) NOTICE & COMPLAINT and making known 17111-0000 Sworn and subscribed to before me this 23RD day of JULY, 2001 PROTHONOTARY So Answers, Sher' f of Dauphin Coun , Pa. Sheriff's Costs: $29.25 PD 07/13/2001 RCPT NO 151912 MLYNEK In The Court of Common Pleas of Cumberland County, Pennsylvania Sheila C. O' Connor VS. Denise M. Coleman Serve: Denise M. Coleman No. 01 2376 civil NOW, July 10, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Deuph~n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a and made kmown to Affidavit of Service ,20 , at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,2O Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA