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Home My WebLink About01-5086MICHAEL McCLOSKEY, Plaintiff vs. DEBORAH CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/-~6~ ~/ CT ON - PERSONAL INJURY JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF TO THE PROTHONOT/~RY: Please issue a Writ of Summons on the above named Defendant. Defendant, Deborah Clark, has the following address: Deborah Clark 128 Briar Patch Drive Carlisle, PA 17013 Date: Respectfully submitted, Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 Commonwealth of Pennsylvania County of Cumberland Michael McCloskey Deborah Clark 128 Briar Patch D~ive Carlisle, PA 17013 Court of Conu'non PIe~ 01-5086 Civil No ...................................... 19 .... Civil Action - Law To Deborah Clark You are hereby noffied that Michael McCloskey the Plaintiff ha s commenced an action in .... c_i._i~__A_g_'c_i_o__n__-___L_a_w_ .............................. against you which you are required to defend or a default judgment may be entered against you. (SEAL) Prothonotary Deputy 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clark MICH~.L MCCLOSKEY, VS. DEBORAH CLARK, DE~NDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CWIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED / PRAECIPE FOR RULE TO FILE COMPLAINT / / TO THE PROTHONOTARY: ~~~~ Please enter a RULE upon plaintiff to file a Co ' t within 20 s ere. of suffer the entry of a Judgment of Non Pros. Date: April 12. 2002 Attorney for Defendant RULE TO FILE COMPLAINT AND NOW, this J~4J-.day of ~n_~_( ,2002 a RULE is hereby entered upon the plaintiff to file a ComplaJntlherein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. P~OTHO~OTA~Y "" - /~ 02I-~-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clark M/CHAEL McCLoJk'~Y, VS. DEBORAH CL~RK, DEI~E~r IN THE COURT OF COMlVION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CIVK, TERM CIVIL ACTION- LAW JURy TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Date: April 12, 2002 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Donald R Dorer, Esquire -- Attorney for Defendant 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clark 1VIICHA~I, MCCLOSKEY, PLAIN TIFF VS. DEBORAH CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CIVIL T~RM CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO TI-lB PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Deborah Clark. Date: Respectfully submitted, By: Donald R. rer, Esquu~ AtWmey for Defendant Identification No. 39126 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 7:51-0988 Attorneys for Defendant, Deborah Clark MICHAEL MCCLO$~Ry, VS. DEBORAH CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5056 CIVIL TERM CML ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Entry of Aonearance to be served by regular first class mall upon: Marlin L. Marldey, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: A ril 12 2002 D~nald ]LrT. Dorer, Esquire Attorney for Defendant MICHAEL McCLOSKEY, Plaintiff vs. DEBORAH CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5086 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIkL DEMANDED NOTICE TO DEFEND AND ~LAIM RI~HT~ 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two T.~bertyAvenue Carlisle, PA 17013 (717) 249-3166 MICHAEL MCCLOSKEY, Plaintiff vs. DEBORAH CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5086 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, Michael McCloskey, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., and files this Complaint in Civil Action and, in support thereof, avers as follows: 1. The Plaintiff, Michael McCloskey, is an adult individual who currently resides at P.O. Box 3183, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Deborah Clark, is an adult individual who currently resides at 128 Briar Patch Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about October 13, 1999, at approximately 5:30 p.m., the plaintiff, Michael McCloskey, was operating a 1987 Nissan Pick-up Truck. 4. On or about October 13, 1999, at approximately 5:30 p.m., the defendant, Deborah Clark, was operating a 1994 Pontiac Trans SP. 5. The plaintiff and defendant, were traveling in their respective vehicles on Bernheisel Bridge Road, Middlesex Township, Cumberland County, Pennsylvania. 6. On the aforesaid date and time, plaintiff was traveling northbound while defendant was traveling southbound on Bernheisel Bridge Road. 7. On the aforesaid date and time, defendant attempted a left hand turn across traffic and struck plaintiff's vehicle. 8. On the date, time and place aforesaid, the defendant, Deborah Clark, so negligently, carelessly, recklessly and wantonly operated her motor vehicle so as to cause it to strike and come in contact with the front drivers side bumper and fender of the vehicle which plaintiff was operating, resulting in the serious and severe injuries to plaintiff which are more fully set forth. 9. The collision, and the resulting injuries and damages to plaintiff, Michael McCloskey, were caused directly and proximately, by the negligent, careless, reckless and wanton behavior of defendant, Deborah Clark, as follows: a. In failing to keep and maintain vehicle under proper and adequate control; b. In failing to promptly and properly apply the brakes and other stopping devices of said vehicle; c. In failing to slow, stop, turn aside, reduce speed or take any other action to avoid colliding with the vehicle which plaintiff was operating; Se In failing to be properly attentive while operating said motor vehicle; In failing to observe the vehicle which plaintiff was operating, which was traveling in compliance with the law; f. In failing to yield the right-of-way to plaintiff's vehicle; g. In failing to drive her vehicle with due regard for the roadway and traffic conditions which were existing and of which she was or should have been aware; h. In driving her vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 10. The accident was caused by the negligent, careless, reckless and wanton behavior of the defendant, Deborah Clark, as set forth in paragraph 9 above, and in no way was caused by the plaintiff, who was operating a vehicle in compliance with traffic conditions and laws on Bernheisel Bridge Road when it was struck by defendant. 11. The plaintiff, Michael McCloskey, sustained various severe injuries and suffered damages as will hereinafter be set forth. Said injuries and damages were caused by the negligence of defendant, Deborah Clark, in some or all of the following particulars: a. Severe pain in the lumbar and cervical regions of his back; b. Injury and damage to the bones, muscles, nerves, nerve roots, ligaments, tendons, cartilage, blood vessels, soft tissues and underlying organs in the following areas: i. Cervical spine; ii. Lumbar spine; iii. Shoulder, elbow, arm, wrist, hand and thumb; iv. Both feet and ankles; v. Left knee; and vi. Jaw. c. Posttraumatic Stress Disorder (PTSD); d. Some and/or all of these serious injuries have or may result in a serious impairment of a bodily function; and e. Severe headaches. 12. As the direct and proximate result of the negligent, careless, reckless and wanton behavior of the defendant, Deborah Clark, the plaintiff has sustained the following damages: a. Great pain, inconvenience, humiliation, embarrassment and mental anguish, past and future; b. Loss of well being and loss of many of the enjoyments of life and life's pleasures, past and future; c. Permanent impairment of his general health, strength and vitality; d. He may incur medical expenses which exceed the sums recoverable under 75 Pa.C.S. Section 1711 et seq.; e. Anxiety triggered by driving; and f. His earning power or capacity has been reduced and/or permanently impaired. 13. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefore. 14. Prior to the accident, plaintiff, Michael McCloskey, pursuant to Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law, had made an election and/or is deemed to have made an election to retain the right to maintain and/or pursue an action for non-economic damages resulting from injuries sustained in a motor vehicle collision, as a result of the nature of the injuries sustained by him, as listed above. W~FO~, the Plaintiff, Michael McCloskey, respectfully demands jud~ent against defendant in an mount in excess of the jurisdiction of the compulsory board of arbitrators of this county. Respectfully s~mitted, ~Markley, Es~ire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building ~ /°L ~~"~O-- C~p Hill, Pe~sylvania 17011-4706 Date: MICHAEL MCCLOSKEY, Plaintiff vs. DEBORAH CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5086 Civil Term CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL'DEMANDED VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Signature MICHAEL McCLOSKEY, Plaintiff VS. D'g~ORAH CLARK, Defendant IN THE COURT OF COMMON pI.RAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5086 Civil Term CIVIL ACTION- LAW PERSONAL INJURY JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of Pa. R. A. P. 906: Service by first class mail: Donald R. Dorer, Esquire Law Offices of Jacobs & Saba 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 ,te: 5'-7-2ooz Marlifi L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 170114706 ID# 84745 Tel. (717) 763-1800 , 02H~ .-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah Clark MICHAEL MCCLOSKEY~ PLAINTIFF VS. DEBORAH CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5086 CWIL TERM CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, DEBORAH CLARK, TO PLAINTIFF~ S COMPLAINT 1. AdmiRed. 2. AdmiRed. 3. AdmiRed. 4. AdmiRed. 5. Admitted. 6. AdmiRed. 7.- 14. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. §1029(e). WHF_~P.~ORE, the Defendant respectfully prays this Honorable Court to dismiss Plointiff's Comploint, and to enter judgment against the Plaintiff and in favor of the Defendant. NEW MATTER 15. Paragraphs 1 through 14 are incorporated herein by reference, and made a part hereof as if set forth in full. 16. plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEI~.~ORE, the Defendant respectfully prays this Honorable Court to dismiss plaintiff's Complaint, and to enter judsuient against the Plaintiff and in favor of the Defendant. LAW~ OF ~/ACOBS,~c SABA ./ /~1// / / .... '/ Attorney for Defen_dant Identification No. 39126 . 02HB .4)0061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731=0988 Attorneys for Defendant, Deborah Clark MIc~ McCLOS~Y, VS. DEBORAH CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CrVlL T~RM CIVIL ACTION - LAW JURy TRIAL DEMANDED VERIFICATION I, _l~ffi~ilL~, verify that the statements made in the foregoing Answer with New Matter of Defeodant. Deborah Clark. to Plaintiff's Complaint, which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Ve 'rtfication is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the deteJ,~ination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. ' ' l~eb~or'-ah Cl~k- · 02HB-00061 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731=0988 Attorneys for Defendant, Deborah Clark MICHAEL MCCLOSKEY, PLAINTIFF VS. DEBORAH CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CIVIL TERM CIVIL ACTION- LAW JURy TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a tree and correct copy of the attached Answer with New Matter of Defendant, Deborah Clark, to Plaintiff's Complaint to be served by regular first class mail upon: Date: Ma 24 2002 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 / ////// Donald R. Doter, Esqu'~/'~ Attorney for Defendant ' 02HB-U0061 MICHAEL MCCLOSKEY, PLAINTIFF VS. DEBORAH CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5086 CrVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE~ DISCONTINUE AND END TO ~ PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. :l~larli~vl~. ~ar~e~, E squire LawtDffices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, PA 17011 Attorney for Plaintiff Date: ~-2 0 -2 0o2 ~Iichael M¢Closkey, Plaintiff, VS. Deborah Clark, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2ase No.: 01-5086 Civil Term CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, herein, and that he caused a true and correct copy of the attached Praecipe to Settle, Discontinue and End to be served by regular first class mail upon: October 9, 2002 Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill' PA 17~!~ /~ Attorney for Defendant