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Home My WebLink About13-5841 Supreme Courf Pennsylvania Co>urt�of +CoMM Pleas For Prothonotary Use Only: Civil CovepSheet Docket No: Sr . �-- n o v' CUMBERL`ANb��' County The information collected on this fibrin is used solely court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S OX Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: JESSAMY BIRCH GENEVIEVE E. TOOMEY T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes 0 No (check one) Moutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes El No A Name of Plaintiff /Appellant's Attorney: DAVID J. FOSTER, ESQ. Check here if you have no attorney (are a Self- Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment x Motor Vehicle Debt Collection: Other I0' Board of Elections Nuisance 0 Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) Discrimination [I Slander /Libel/ Defamation C 0 Other: Employment Dispute: Other Zoning Board 0 Other: T I 0 Other: O MASS TORT 0 Asbestos N Tobacco Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Other: 0 Ejectment E] Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin Legal 0 Quiet Title Other: 0 Medical 0 Other: Other Professional: Updated 1/1/2011 ,. ORIGINAL FILED -his FILE OF 1 1 ' H 4 PR0 T HOi1C lA�'e 2313 OCT - AM 11: 2 CUMBERLAND COUNTY PENNSYLVANIA JESSAMY BIRCH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No.13 - SPY/ Ct / GENEVIEVE E. TOOMEY, : CIVIL ACTION — LAW 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 32 South Bedford Street Carlisle, Pennsylvania Telephone No. 249 -3166 a PALL � s�� z' S JESSAMY BIRCH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V . No. GENEVIEVE E. TOOMEY, : CIVIL ACTION — LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW comes the Plaintiff, Jessamy Birch, by and through her attorney, David J. Foster, Esquire, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: Parties 1. Plaintiff, Jessamy Birch, is an adult individual residing at 831 Market Street (Rear), Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Genevieve E. Toomey, is an adult individual residing at 1 Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Material Allegations of Fact 3. The events giving rise to this cause of action occurred at approximately 10:59 a.m. on or about December 20, 2011 in the parking lot of the Ulta Beauty Salon at 6416 Carlisle Pike (Silver Spring Square), Silver Spring Township, Cumberland County, Pennsylvania. 4. At the aforesaid time and place, Plaintiff, Jessamy Birch (who was approximately 8 months pregnant) was a pedestrian waiting to cross the aforesaid parking -1- 1 lot at a pedestrian walkway to go to work at the above salon when a 2004 Toyota SUV vehicle operated by Defendant, Genevieve E. Toomey, stopped and the Defendant then motioned for her to cross the intersection. 5. As Plaintiff, Jessamy Birch, was crossing the intersection, her plastic bag carrying her lunch broke open and its contents fell to the ground and she motioned to Defendant, Genevieve E. Toomey, not to proceed with her vehicle, which the defendant acknowledged to the plaintiff. 6. However, Defendant, Genevieve E. Toomey, notwithstanding the directives of Plaintiff, Jessamy Birch, then proceeded with her vehicle into the intersection and struck the Plaintiff after she had knelt down to pick up her lunch and continued walking, thereby causing the injuries and damages giving rise to this cause of action. Plaintiff v. Defendant — Negligence 7. The averments set forth in paragraphs 1 through 6 above are incorporated herein by reference as if set forth in full. 8. At the aforesaid time and place, the collision, injuries and damages resulting therefrom to the Plaintiff, Jessamy Birch, were caused by the negligence and /or carelessness of Defendant, Genevieve E. Toomey, in that she: a) struck the Plaintiff, a pedestrian, as she was lawfully crossing an intersection in a parking lot, in violation of section 75 Pa.CSA 3542 of the Vehicle Code. 2 b) failed to yield the right -of -way to the Plaintiff, a pedestrian, who had the right -of -way as she was lawfully crossing the aforesaid intersection; in violation of section 75 Pa.CSA 3542 of the Vehicle Code; c) operated her vehicle in careless disregard of the safety of pedestrians, including the Plaintiff, d) failed to abide by the Plaintiff's hand signal not to proceed into the aforesaid intersection after her plastic bag broke; e) failed to bring her vehicle to a stop before hitting the Plaintiff; f) failed to maintain her vehicle under proper and lawful control; g) failed to keep a proper lookout; h) failed to pay sufficient attention to the roadway and pedestrians; small I) failed to see what she should have seen; j) failed to notice the imminence of an accident and take the necessary steps to avoid it; and k) acted without due regard for the safety and rights of pedestrians, including the Plaintiff. 9. As a direct and proximate result of the negligence and/or carelessness of the Defendant, Genevieve E. Toomey, the Plaintiff, Jessamy Birch, has suffered injuries which were and are severe, painful, serious and permanent. These injuries include but are not limited to: 3 a) a PARS defect (stress fracture of spine) at left L5 and /or the aggravation thereof; b) a central disc bulge of the spine at L4 -5 and /or the aggravation thereof; c) lumbar spondylosis with lumbar facet arthropathy of the spine and /or the aggravation thereof, d) left trochanteric bursitis of the hip; e) blunt torso trauma; and f) a left gluteal contusion. 10. As a further direct and proximate result of the negligence and /or carelessness of the Defendant, Genevieve E. Toomey, the Plaintiff, Jessamy Birch, has been and will continue to be obligated to receive and undergo medical attention, care and expenses for the injuries she has suffered; Plaintiff has suffered and will continue to suffer a loss of earnings and /or impairment of her earnings capacity and power; Plaintiff has suffered and will continue to suffer medically determinable physical impairments which prevent her from performing all the normal acts and duties which constitute her usual and customary daily activities; Plaintiff has experienced and will continue to experience severe pain and suffering, mental anguish and humiliation; Plaintiff has suffered and will continue to suffer a loss of life's pleasures; and Plaintiff has sustained and will continue to sustain certain incidental costs and expenses. 11. As a further direct and proximate result of the negligence and /or carelessness 4 of the Defendant, Genevieve E. Toomey, the Plaintiff, Jessamy Birch, sustained a real and compelling fear and apprehension that her unborn child (who would be delivered just over a month after the accident), would be injured in utero because of the injuries sustained to her person, thereby causing her great mental suffering, anxiety, emotional upset and anguish from the time of the accident some two weeks later, when special fetal testing and monitoring confirmed the resolution of injuries to the child that had appeared in testing performed immediately after the accident. Prayer for Relief WHEREFORE, Plaintiff, Jessamy Birch, based on the foregoing allegations, hereby demands that judgment be entered in her favor and against Defendant, Genevieve E. Toomey, in an amount in excess of the compulsory arbitration limits. RESPECTFULLY SUBMITTED: David J. Esquire PA I.D. No. 23151 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P. O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 Email: dionfoster(a�,aol.com Web: www.Costopoulos.com ATTORNEY FOR PLAINTIFF DATED: October 7 , 2013. 5 Y VERIFICATION I, Plaintiff, Jessamy Birch, do hereby verify that the averments of fact made in the foregoing document are true and correct to the best of my personal knowledge and /or information and belief. I understand that false statements made herein are subject to the penalties at 18 Pa.C.S. § 4904 relating to unsworn fals' ication to authorities. By: spa y ' DATED: October 3 , 2013. 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t N00,. �9 ti tPrr - JodySSmith •).1 ; , , ,', i' Chief Deputy r ' Richard W Stewart J 3 DC+ 10 Solicitor oFpu rra Sf RtFa ',LIH }EFL AND t Diu PENNSYLVANIA Jessamy Brich vs. Case Number Geneieve E Tommey 2013-5841 SHERIFF'S RETURN OF SERVICE 10/09/2013 03:37 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Geneieve E Tommey at 1 Park Road, Silver Spring, Mechanicsburg, PA 17055. IAN GRZY7 S ,`'UTY SHERIFF COST: $39.76 SO ANSWERS, October 10, 2013 RONNK ANDERSON, SHERIFF (c)C;ou tvSu IE Sher.f',Ttt-osoff