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HomeMy WebLinkAbout14-0991 Supreme Court of Pennsylvania Court Common. Ple -,.i.s Civil Cover S i r eet For Prothonotary Use Only: CV tit e3Ei2t_knJ .� C 0111I tv Docket No: lq- qql j I The lll1brillotioll (.olle(' oil th ."Jot'Al l�C for Coto•( (dmillistl'Wi(117 t)lll•l)oSes. ' ""his 167TH doe's /lot suj)j)1e ent or rej)leice Ilie filin . "'wd . el' %11 ter pe11)ers as required 1)l lavi of rules of court. Commencement of Action: E S ❑ Complaint Writ of Sllnimons ❑ Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: ^^ I..ead Defendant's Name: LL T E �R G e_ r'ILL Name of Plaintiff /Appellant'sAttorney: N Are money damages requested? : 5r)"cs (1 Nb Dollar Amount Requested; within arbitration limits A (Check one) outside arbitration limits Is this a C /tr.c,c Action Suit ❑ Yes No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIM MRY 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 ❑ Intentional ❑ 1311yer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ;&motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance _ ❑ Dept. of Transportation S C3 Premises Liability El Zoning Board ❑ Product Liability (does not include ❑ Statutory Appeal: Other L"'j mass tort) ❑Employment Dispute; ❑ Slander /Libel/ Defamation Discrimination C ❑ Other: ❑Employment Dispute: Other T . — -- — Judicial Appeals — - ❑ MDJ - Landlord/Tenant I _ El IYIDJ - Money Judgment o NfASS TORT ❑ ❑ O ` he ' Other: _. ❑ Asbestos N 8 Tobacco Toxic Tort - DES ❑ Toxic Tort - Implant � REAL PROPERTY ;MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑Declaratory Judgment ❑ Ground Rent ❑ Mandamus -- ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warr anto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional Pa.R.C.P. 205.5 21,2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c Deanna J. Hess CIVIL ACTION - LA *, 2241 Penn Street Harrisburg, PA 17110 d NO. jq' -� ' _� V . Colette E. Hill, 6109 Stephens Crossing" cs Mechanicsburg, PA 17050 JURY TRIAL DEMANDED � PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the above named defendant and forward it to the Sheriff of Cumberland County to serve it upon the defendant. DIVE LIA L Div y eglia OR , � E P.C. �- r 1/. Date: f � By: Arc ie V quire Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624 -2500 Attorney for Plaintiff O WRIT OF SUMMONS���� o� TO THE ABOVE NAMED DEFENDANT, You are notified that the above named Plaintiff has commenced an action against you. Date: -'I�Dl, Prothonotary/ Clerk Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY of clip-I:� OFFICE V-- rwa silspjp Deanna J Hess vs. Collette E Hill Case Number 2014-991 SHERIFF'S RETURN OF SERVICE 0300/2014 07:13 PM - Deputy Jamie Di Martle, being duly sworn according to law, served the requested Writ of Summons by personally handing a true copy to a person representing themselves to be the Defendant, to wit: Collette E Hill at 6109 Stephens Crossing, Hampden Township, Mechanicsburg, PA 17050. SHERIFF COST: $62.39 SO ANSWERS, March 07, 2014 RONNYR ANDERSON, SHERIFF (c) County Suite Sheriff, Tacosoft. 0239857518.1- LAW 01-1-ICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, Plaintiff VS. COLETTE E. HILL, Defendant TO THE PROTHONOTARY: A 1 1ORNEY FOR DEFENDANT(S) Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-991 ENTRY OF APPEARANCE Please enter my Appearance on behalf of Colette E. Hill in reference to the above- captioned case. LAURIE B. G Attorney for Defendant Colette E. Hill I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class Mail. IN THE COURT OF COMMON PENNSYLVANIA Deanna J. Hess, Plaintiff v. Colette E. Hill, Defendant PLEAS OF CUMBERLAND COUNTY, 2_ 3 I --rico (— •• • CIVIL ACTION - NO. 14-991 L -Q P• c) JURY TRIAL DEMANDEIS'' NOTICE TO DEFEND 0 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 2 LIBERTY AVENUE CARLISLE, PA 17013-3387 TELEPHONE NO. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deanna J. Hess, Plaintiff CIVIL ACTION - LAW v. Colette E. Hill, Defendant • • • COMPLAINT NO. 14-991 JURY TRIAL DEMANDED AND NOW, this d of July, 2014, comes the Plaintiff through her counsel, Diveglia and Kaylor, P.C. and avers in support of her Complaint as follows: 1. Plaintiff is Deanna J. Hess, an adult individual who resides at 2241 Penn Street, Harrisburg, Pennsylvania, 17110. 2. Defendant is Colette E. Hill, an adult individual who resides at 6109 Stephens Crossing, Mechanicsburg, Pennsylvania, 17050. 3. On March 29, 2012 at approximately 5:30 P.M. Plaintiff was operating her motor vehicle westbound on the Carlisle Pike at or near it's intersection with Skyport Road, Hampden Township, Cumberland County, Pennsylvania. 4. At the above said time and place, Defendant was operating her motor vehicle eastbound when she suddenly turned left directly into the path of Plaintiffs vehicle, causing a collision between the two vehicles. 5. As a result of the above said collision Plaintiff incurred injuries as follows: Right knee injury requiring surgery, mild brain injury, left arm injury, abdomen bruising from seatbelt, left hand injury, and aggravation of pre- existing chondromalacia condition of her right knee. 6. Plaintiff was required to undergo extensive medical treatment for her injuries, including surgery to her right knee. 7. Plaintiff incurred and continues to incur limitation to her daily life's activities as a result of her injuries. 8. As a result of the collision and injuries, Plaintiff has incurred short term memory deficits and loss of ability to sustain attention and has other cognitive deficiencies including speech fluency. 9. As a result of the collision and injuries, she has incurred an aggravation of pre-existing cognitive difficulties. 10. As a result of the collision and injuries, Plaintiff may incur a a diminishment of her future earning capacity. 11. As a result of the collision and injuries, Plaintiff has suffered pain and mental distress and continues to suffer the same. 12. Plaintiff's cognitive issues are considered permanent and she has permanent restrictions relating to the nature and extent of her physical activities. 13. The above said injuries and losses were solely the result of the negligence of defendant whose negligence consisted of the following: a. She failed to yield the right-of-way to Plaintiff and this is negligent per se. b. She failed to observe motor vehicles on the roadway ahead, including and specifically Plaintiff's vehicle. c. She made a left hand turn without. first determining it was safe to do so contrary to Pennsylvania's Motor Vehicle Law and thus she is negligent per se. d. The defendant operated her motor vehicle in an inattentive manner. 14. Plaintiff elected the full tort option on her insurance and it was in effect at the time of this collision. WHEREFORE, Plaintiff demands a sum in excess of the jurisdictional limits for arbitration in Cumberland County. Respectfully Submitted, DIVEGL & KAYLOR, P C. �� 1 1 Date: /� By: Archie V Divegli. , Esq ire -Attorney I.D. #17140' Two Lincoln Way We New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff VERIFICATION The forgoing COMPLAINT is based upon the information which has been gathered by my counsel in the preparation of the lawsuit. I have read the COMPLAINT and to the extent that it is based upon 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 is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa. C.S. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 70n/ Date Deanna J. He, s, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 14-991 Deanna J. Hess, Plaintiff v. Colette E. Hill, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this day of July, 2014, I, Archie V. Diveglia, for Diveglia 85 Kaylor, P.C., hereby certify that a copyof the foregoing COMPLAINT was served by first class U.S. mail, and addressed to the following : Laurie B. Tilghman, Esq. Law Offices of Kenneth S. O'Neill 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 DIVE By: KAYLO Archie V. Divegli: , - quire Attorney I.D. #171 Two Lincoln Way W i -t New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff Our File No. 0239857518.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-13 Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, PLAINTIFF VS. COLETTE E. HILL, DEFENDANT All ORNEY FOR DEFENDANT Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , NO. 14-991 ENTRY OF APPEARANCE TO THE CLERK: Please enter my Appearance on behalf of Defendant, Colette E. Hill, in reference to the above - captioned case. LAUR - AN, ES Attorney for Defendant(s) Colette E. Hill I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular US Mail. Our File No. 0239857518.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B. Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, PLAINTIFF VS. COLETTE E. HILL, DEFENDANT A'II'ORNBY FOR DEFENDANT Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-991 DEMAND FOR JURY TRIAL r>.). 'LC) TO THE CLERK: Defendant, Colette E. Hill, Demand(s) a Jury Trial of twelve (12) in reference to the above -captioned case. rrj czi LAURIE T AN, ES Attorney for Defendant(s) Colette E. Hill I hereby certify that I have served a copy of this paper upon all other parties or their attorney of record by regular First Class mail. 0239857518.1 - LAW OF1i10ES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, Plaintiff vs. COLE11'h E. HILL, Defendant TO: Deanna J. Hess, Plaintiff C/O Archie Diveglia, Esq. Two Lincoln Way W New Oxford, PA 17350 ATTORNEY FOR DEFENDANT Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-991 NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED AND REQUIRED TO FILE A WRITTEN RESPONSE TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT(S), COLETTE E. HILL, TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. DATED: August 18, 2014 /Ad 1.1.4_ ��� ,ice/,i1/ %Il LAURIE B. ' I •f AN, ESQ. Attorney for Defendant(s) Colette E. Hill 0239857518.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, Plaintiff vs. COLE 'I"I h E. HILL, Defendant ATTORNEY FOR DEFENDANT Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-991 DEFENDANT'S ANSWER TO COMPLAINT AND NEW MATTER Defendant, Colette E. Hill, by and through the undersigned counsel, answer(s) the Plaintiff's Complaint as follows: 1. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. 2. DENIED. Defendant has moved to California and is currently in the process of securing a new home. 3. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. 4. DENIED pursuant to Pa.R.C.P. 1029(e). 5. DENIED pursuant to Pa.R.C.P. 1029(e). 6. DENIED pursuant to Pa.R.C.P. 1029(e). 7. DENIED pursuant to Pa.R.C.P. 1029(e). 8. DENIED pursuant to Pa.R.C.P. 1029(e). 9. DENIED pursuant to Pa.R.C.P. 1029(e). 10. DENIED pursuant to Pa.R.C.P. 1029(e). 11. DENIED pursuant to Pa.R.C.P. 1029(e). 12. DENIED pursuant to Pa.R.C.P. 1029(e). 13. (a -d, inclusive) DENIED pursuant to Pa.R.C.P. 1029(e). In the alternative, DENIED. It is specifically denied that answering Defendant(s) was/were in any way negligent or careless. To the contrary, answering Defendant(s) acted reasonably and with due care. 14. DENIED pursuant to Pa.R.C.P. 1029(e). By way of further answer, the averments contained in the corresponding paragraph of Plaintiff(s) Complaint are not directed to answering Defendant(s). As such, no responsive pleading is required. parties. WHEREFORE, Defendant, Colette E. Hill, demands Judgment in Her favor and against all DEFENDANT'S NEW MATTER AFFIRMATIVE DEFENSES 15. Financial Responsibility Law All causes of action and/or claims as set forth in all Civil Action(s)/Complaints(s) are limited, governed, barred, and/or restricted by the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law of 1984, 75 Pa. C.S.A. 1701, et seq., as amended by Act 6 of 1990, the relevant provisions of which are incorporated by reference herein as though the same were fully set forth at length. 16. Failure to State Cause of Action The Civil Actions/Complaints of the Plaintiff(s) fail to set forth a cause of action upon which relief can be granted. 17. Set Off and/or Credit Answering Defendants have a right to a credit, or set off in the amount of any uninsured motorist benefits secured by Plaintiff, against any jury verdict or award which may be entered against answering Defendants. 18. Doctrine of Mitigation of Damages Plaintiff's injuries or damages are barred and/or limited by the Doctrine of Mitigation of Damages. 19. Admissibility of Medical Expenses/Wages The admissibility of the Plaintiff's medical expenses and/or wage loss is bared and/or accordingly limited by the applicable provisions of the Pennsylvania Motor Vehicle. Financial Responsibility Law, as amended, and more specifically the collateral source rule of 75 Pa.C.S.A. Section 1722. parties. WHEREFORE, Defendant, Colette E. Hill, demands Judgment in Her favor and against all LAU' I: B. ILI - MAN, ES,J Attorney for Defendant(s) r Colette E. Hill VERIFICATION Laurie B. Tilghman, Esquire, states that She is the attorney for the within named Colette E. Hill, and the facts set forth in the foregoing pleading are true and correct to the best of Her knowledge, information, and belief; and this statement is made subject to the penalties of 18 Pa. C. §4904, relating to unsworn falsification to authorities. LAUR IF' B. TTh HMAN, ESQ. Attorney for Defendant(s) Colette E. Hill r CERTIFICATE OF SERVICE I do hereby certify that on August 18, 2014 service of a true and correct copy of the within pleading was made on all relevant parties or their counsel of record pursuant to Pa.R.C.P. 440. / / / 440.4.0"4""ir LAUR IF : TII, HMAN, ESQ. Attorney for Defendant(s) Colette E. Hill Our File No. 0239857518.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQUIRE Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, PLAINTIFF VS. COLE'1"it, E. HILL, DEPENDANT TO THE CLERK: ATTORNEY FOR DEFENDANT Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY () ,., c, NO. 14-991 rn co i 2'm rl-; �r— �` > ,'V C3 , r = ` CD C© -I_ D� _ -,7-.' CERTIFICATE OF SERVICE ' CD 1 , I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of Defendant's Interrogatories Addressed to Plaintiff, Deanna J. Hess, and, Defendant's Request for Production of Documents Directed to Plaintiff, Deanna J. Hess, were served this date by United States Mail, First Class, postage prepaid, upon: Archie Diveglia, Esq. Two Lincoln Way W New Oxford, PA 17350 Dated: August 18, 2014 LAURIE : T ! I • , ES Attorney for Defendant(s) Colette E. Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • • CIVIL ACTION - LAW • • NO. 14-991 Deanna J. Hess, Plaintiff v. Colette E. Hill, Defendant JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTES rrt , Tr r� z. To: Colette E. Hill c/o Laurie Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Suite 101-B Allentown, PA 18195 N rD 15-19. Denied. The allegations set forth are conclusions of law to which no further answer is required. Date: 9-e-14( Respectfully Submitted, DIVEGLIA 8v KAYLOR, P.C. By: Archie V. Diveglia, squi Attorney I.D. #17140 Two Lincoln Way West New Oxford, PA 17350 (717) 624-2500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deanna J. Hess, Plaintiff CIVIL ACTION - LAW v. NO. 14-991 Colette E. Hill, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this gd " `day of September, 2014, I, Archie V. Diveglia, for DIVEGLIA 86 KAYLOR, P.C., hereby certify that a copy of the foregoing PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER was served via Fax: (610) 398-5481, and addressed to the following: Colette E. Hill c/o Laurie Tilghman, Esquire Law Offices of Kenneth S. O'Neill Iron Run Corporate Center 7535 Windsor Drive Suite 101-B Allentown, PA 18195 DIVEGLIA 86 KAYLOR, P.C. By: Archie V. Divegli: , El l uire Attorney I.D. #17140 Two Lincoln Way W- New Oxford, PA 17350. (717) 624-2500 Attorney for Plaintiff 0239857518.1 - LAW OFFICES OF KENNETH S. O'NEILL LAURIE B. TILGHMAN, ESQ. Identification No. 89936 7535 Windsor Drive, Suite 101-B Allentown, PA 18195 Telephone: (610) 398-5492 DEANNA J. HESS, Plaintiff vs. COLEUE 1E E. HILL, Defendant ATTORNEY FOR DEFENDANT(S) Colette E. Hill COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 14-991 CERTIFICATE OF SERVICE I, Laurie B. Tilghman, Esquire, hereby certify that a true and correct copy of the attached Deposition Notice directed to Plaintiff, Deanna Hess, was served this date by United States Mail, First Class, postage prepaid, upon: Archie Diveglia, Esq. Two Lincoln Way W New Oxford, PA 17350 Cumberland County Court of Common Pleas Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Date: Monday, September 15, 2014 LAURIE B. TILGHMAN, ESQ. Attorney for Defendant(s) Colette E. Hill