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Home My WebLink About11-6156SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor emill't"t 4,94 _ Y FILED-C;;--1° ?.i 2 11 AUG 10 PM 2: 1 'U"ERLAa Jennifer R. Jones Case Number vs. 2011-6156 Anita L. Hegarty SHERIFF'S RETURN OF SERVICE 08/05/2011 04:00 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on August 5, 2011 at 1600 hours, she served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Anita L. Hegarty, by making known unto herself personally, at 516 Orrs Bridge Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. IAE? MI ELLS GUTSHALL, DEPUTY SHERIFF COST: $43.00 August 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF I r 10. C" T_ Fi 4 E sg""DER LAND COUNTY David B. Dowling, Esquire ?,ENNSYLVANIA Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 238-8622 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff JENNIFER R. JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION LAW V. NO. 11-6156 ANITA L. HEGARTY Defendant JURY TRIAL DEMANDED 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 Plaintiffs. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 233-5731 Fax: (717) 238-8622 Email: ddowling@rhoads-sinon.com Attorneys for Plaintiff JENNIFER R. JONES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION LAW V. NO. 11-6156 ANITA L. HEGARTY Defendant : JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiff, Jennifer R. Jones, by her attorneys, Rhoads & Sinon LLP, and hereby files the within Complaint, as follows: PARTIES 1. Plaintiff, Jennifer R. Jones, is an adult individual who presently resides at 311 Sand Grove Drive, Swansboro, North Carolina 28584. At the time of the accident, Plaintiff resided at 5070 Cambridge Boulevard, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Anita L. Hegarty, is an adult individual residing at 516 Orrs Bridge Road, Camp Hill, Pennsylvania 17011. 827361.1 FACTUAL BACKGROUND 3. On Wednesday, June 23, 2010, at approximately 7:30 a.m., Jennifer R. Jones was operating her 2007 Toyota Sequoia, proceeding eastbound on Route 581 (towards Harrisburg), in the right hand lane. The posted speed limit is 55 mph. 4. On the same date, and at the same time, Mrs. Hegarty was operating a 2006 Chrysler Town and Country, traveling in left lane beside the Jones vehicle. She attempted to change lanes from the passing lane to the driving lane but instead collided with the driver's side door of Mrs. Jones' vehicle, forcing Mrs. Jones' vehicle directly into the exit barrier to her right. 5. Following the accident, both Mrs. Jones and Mrs. Hegarty waited at the scene of the collision for police to arrive. Instead, a PennDOT truck arrived. The parties were advised by the PennDOT driver that he was called by the State Police and they were too busy to come to the scene. 6. The negligence and carelessness of Mrs. Hegarty consisted of the following acts and omissions, to be read in conjunction with paragraphs 1 through 5: (a) Failure to keep her vehicle under proper and adequate control; (b) Operating a motor vehicle in willful and wanton disregard for the safety of persons or property in violation of 75 Pa. C.S.A. §3736(a); (c) Operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A.§3714; (d) Failing to operate her motor vehicle in a safe manner for then existing conditions; and (e) Failure to drive in such a manner that her vehicle could be brought to a stop immediately at the first sign of danger; -2- (f) Colliding with the vehicle operated by Jennifer Jones; (g) Failure to observe Jennifer Jones' vehicle before changing lanes; and (h) Preoccupied in conversation either on her cell phone or with the party in her vehicle thereby causing a failure to be attentive to the vehicles around her. 7. As a result of the aforementioned accident, and at approximately 3:00 p.m. later that day, Mrs. Jones was taken to the Emergency Department at Hershey Medical Center. She had developed head, left-sided neck, arm, back and left shoulder pain, nausea, and left-sided abdominal pain. CT scans were taken of the abdomen and pelvis. There were no fractures. The differential diagnosis was "motor vehicle collision, internal hemorrhage, solid organ injury." 8. Thereafter, Mrs. Jones received treatment by a physician's assistant from her family doctor, Dr. Donald Potter, at the New Cumberland Army Depot, for severe head, neck, back, abdominal, left shoulder and left leg pain. 9. Mrs. Jones also received treatment from Joyner Sports Medicine Institite for cervicalgia, thoracic spine pain and left shoulder joint pain. She currently receives treatment from Dr. Alexander Chavez from the Swansboro. Family Care for continuing symptoms from the accident. 10. As a direct and proximate result of the injuries sustained by Mrs. Jones, she has suffered pain, discomfort, inconvenience, medical and therapy costs and expenses of approximately $20,000, and other expenses, including possible future medical expenses, all to her detriment and loss, which are claimed as damages allowed herein by law. -3- 11. As a direct and proximate result of the injuries sustained, Mrs. Jones has been unable to enjoy the usual activities of life she enjoyed prior to the accident, and has suffered a loss of enjoyment of life, loss of happiness, pain and suffering. 12. Mrs. Jones believes and therefore avers that some or all of her injuries may be permanent in nature. WHEREFORE, Plaintiff demands judgment in her favor against Defendant for an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, medical costs and expenses, wage loss, cost of suit, delay damages, and all damages permitted under Pennsylvania law. RHOADS & SINON LLP By: David B. Dowling One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -4- VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached "Complaint" is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read Complaint and, to the extent that the Complaint is based on 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 of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jennifer R nes cl/ 1 ;2 9)) 1 Dated: CERTIFICATE OF SERVICE I hereby certify that on this J614 day of October, 2011, a true and correct copy of the foregoing "Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Francis R. Gartner, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorneys for Defendant Anita L. Hegarty la)- - - ?I.YaA?-P IWO, C thia L. Santone