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Home My WebLink About87-0018CHRISTINE YINGER HEWITT, Plaintiff Ve PATRICIA CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : No. 18 Civil 1987 : JURY TRIAL DEMANDED TO: CHRISTINE YINGER HEWITT, Plaintiff c/o Archie V. Diveglia, Esquire Dils, Diveglia, Dixon & Zulli Suite $1, Executive House 101 South Second Street Harrisburg, PA. 17101 (Attorneys for Plaintiff) YOU ARE HEREBY NOTIFIED that the New Matter contained herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. CALDWELL & KEARNS 112-114 N. 2nd St., P.O. Box 1164 Harrisburg, PA. 17108 (717) 232-7661 (Attorney I.D. #41265)..~ Attorney for Defendant CHRISTINE YINGER HEWITT, Plaintiff Ve PATRICIA CARTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 18 Civil 1987 JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendant Patricia Carter by her counsel, Caldwell & Kearns, who responds to Plaintiff's Complaint as follows: 1. 2. 3. Admitted. Admitted. Admitted that Plaintiff was driving her vehicle at this place on this date; however, Plaintiff was driving at this place at approximately 3:45 p.m. Moreover, Plaintiff stopped suddenly and without warning as a tractor-trailer pulled onto Wertzville Road from Center Street. 4. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendant was negligent, and it is denied that any negligence of Defendant caused any harm to Plaintiff. Moreover, Defendant operated her vehicle in a reasonable and prudent manner at all times relevant hereto. The accident was caused solely and proximately by the negligence of Plaintiff who stopped her vehicle suddenly and without warning in a negligent manner, as is more fully set forth in New Matter, which is incorporated herein by reference. As to any injuries of the Plaintiff resulting from this accident, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity thereof, and therefore this averment is denied. 5. The averments of this paragraph are conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendant was negligent, and it is denied that any negligence of Defendant caused any harm to Plaintiff. Moreover, Defendant operated her vehicle in a reasonable and prudent manner at all times relevant hereto. The accident was solely and proximately caused by the negligence of Plaintiff, who stopped her vehicle suddenly and without warning, as is more fully set forth in New Matter which is incorporated herein by reference. As to any injuries experienced by the Plaintiff in this accident, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity thereof, and therefore these averments are denied. 6. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of this averment and therefore this averment is denied. 7. The averments of this paragraph are conclusions of law to which no response is required. To the extent a response is required, it is denied that Defendant was negligent, and it is denied that any negligence of Defendant caused any harm to Plaintiff. Rather, Defendant operated her vehicle in a careful and prudent manner at all times, and the accident was caused solely and proximately by the negligence of the Plaintiff, who stopped her vehicle suddenly and without warning, as is set forth in New Matter, which is incorporated herein by reference. As to the injuries, losses, pain and suffering, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments, and therefore these averments are denied. Moreover: (a) It is denied that Defendant was negligent in failing to observe where she was going; (b) It is denied that Defendant was negligent in failing to maintain control over her vehicle so as to be able to striking the Plaintiff's vehicle; (c) It is denied that Defendant was negligent in operating her vehicle in an inattentive manner; and (e) It is denied that Defendant failed to act as a reason- able driver under the circumstances. WHEREFORE, Defendant demands judgment in her favor. NEW MATTER 8. Paragraphs 1 through 7 of this Answer With New Matter are incorporated herein by reference. 9. The accident at issue was caused by the negligence of the Plaintiff, whose negligence consisted of the following: (a) She stopped her vehicle in the lane of traffic suddenly and without warning, when there was no need to do so; (b) She failed to act as a reasonable driver under the circumstances; and (c) She was otherwise negligent in fact and at law. 10. Plaintiff failed to use a seatbelt or other restraining device at the time of the accident and if Plaintiff suffered any injury, then Defendant believes and therefore avers that Plaintiff's failure to use her seatbelt or other restraining device caused her injury or made her injuries worse than they would have been if she used a restraining device. 11. Plaintiff should be barred from recovering from Defen- dant because of her negligence, or any recovery of Plaintiff against Defendant should be reduced by the percentage of her negligence and to the extent that she failed to mitigate her damages. Respectfully submitted, CALDWELL & KEARNS 112-114 N. 2nd St., P.O. Box 1164 Harrisburg, PA. 17108 (717)~ BYRi/h~d~ ~ ~a/r~squire (Attorney I.D. 41265) Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer With New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. / ~--- P~t~cia Carter Dated:~, /7 ,1987 CERTIFICATE OF SERVICE AND NOW, ~- ~ 7 , 1987, I hereby certify that I have served the within Answer With New Matter on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Archie V. Diveglia, Esquire Suite #1, Executive House 101 South Second Street Harrisburg, PA. 17101 CALDWELL & KEARNS 112-114 N. 2nd St., P.O. Box 1164 Harrisburg, PA. 17108 (Attorney I.D. No. 41~5) Attorney for Defendant COMMON~-E~_LT~H OF PENNSYLVANIA COUNTY OF CUMbERLanD Christine Yinger Hewitt VS Patricia Carter In the Court of Common Pleas of Cumberland County, Pennsylvania No.18 Civil 1987 Civil Action Law Harry E. King .XX~or Deputy Sheriff of Cmmberland Count-f, Pennsylvania, who being duly sworn according co law, says, ~ha~ he served the ~chin Civil Action Law Patricia Carter 2:25 o'clock P w upon , the defendant, EST /X~ on :he 7th day of January , 1987 , at 7 Patricia Drive, Enola Cumberland Coun=y, (street number) Peunsylvania~ by handing (cicy or :own) Patricia Carter a ~z-ae amd a~'.es~ed copy of the Civil Action Law and a= ~he same time direc:ing her a~tention co the concertos :hereof and :he "No':ice ,'o Piaad" endorsed :hereon. She.~_ff's Costs: Docketing Service Affidavi: Surcharge 14.00 9.43 Sworn and subscribed before me ~hi, . /--~ day of ~ Prothonotary 2.00 $ 25.43 pd. by atty 1-8-87 So gmswers'-: ~LLIAM K. BECK, Sheriff ~f SheriS.~ Plaintiff Ve .Defendant IN THE COURT OF COMMON PLEAS CUMB. COUNTY , PENNSYLVANIA CIVIL ACTION .- LAW ~0. IS C'~v'~ !~. TRESPASS JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please discontinue the above-captioned matter. the Plaintiff'have been satisfied in full. Ail claims of Attorney for Plaintiff CHRISTINE YINGER HEWITT, Plaintiff Vo PATRICIA CARTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : No. 18 Civil 1987 : JURY TRIAL DEMANDED PRAECIPE TO: PROTHONTOARY OF CUMBERLAND COUNTY Enter my appearance for the Defendant in the above-captioned matter. CALDWELL & KEARNS 112-114 N. 2nd St., P.O. Box 1164 Harrisburg, PA. 17108 (717) 232-7661 Richard B. Swartz, Esquire (Attorney I.D. No. 41265) Attorney for Defendant Dated: February 3, 1987 IN THE COURT OF COMMON CUMBERLAND COUNTY, CIVIL ACTION - LAW NO./~ ~, 1986 JURY TRIAL DEMANDED CHRISTINE A. YINGER, Plaintiff VS. PATRICIA CARTER, Defendant COMPLAINT ATTORNEYS AT LAW EXECUTIVE HOUSE SUITE #1 101 SOUTH SECOND STREET HARRImURG. PENNSYLVANIA 17101 CHRISTINE YINGER HEWITT, Plaintiff vs. PATRICIA CARTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. S, 198~ JURY TRIAL DEMANDED COMPLAINT AND NOW, this ~d~ day of-Dcccmbc~, ~t~3~6, come the Plaintiffs, CHRISTINE YINGER HEWITT, by her attorney, Archie V. Diveglia, P.C., and files the following Complaint and avers: 1. That the Plaintiff, Christine Yinger Hewitt, is an adult individual who currently resides at 82 Linda Drive, #4, Mechanicsburg, Cumberland County, Pennsylvania. 2. That the Defendant, Patricia Carter, is an adult individual who resides at 7 Patricia Drive, Enola, Cumberland County, Pennsylvania. 3. That on or about September 5, 1985, at approximately 4:00 p.m., Plaintiff, Christine Yinger Hewitt, was driving her motor vehicle east on the Wertzville Road, Cumberland County, Pennsylvania and had reduced her speed as she approached the intersection with Center Street to allow a tractor-trailer to complete his turn onto Wertzville Road from Center Street. 4. At the same time and place the Defendant, Patricia Carter, was driving her motor vehicle east on Wertzville Road when she suddenly and negligently struck the rear of Plaintiff's vehicle causing injury to the person of Christine Yinger Hewitt. 5. That as a result of this vehicular collision caused by the negligence of the Defendant, said negligence more fully identified in paragraph seven (7), the Plaintiff, Christine Yinger Hewitt, incurred injuries all of which were serious, with the immediate injuries being a cervical and thoracic spine strain and lumbo sacral strain. 6. That the Plaintiff has incurred pain, mental anguish, and suffering since the date of the accident and will continue to suffer for an indefinite period of time. 7. That all of the above-mentioned injuries, losses, pain and suffering were caused through the negligence of the Defendant, whose negligence consisted of the following: (a) She failed to observe where she was going; (b) She failed to maintain control over her vehicle so as to be able to avoid striking the Plaintiff's vehicle; (c) She operated her vehicle in an inattentive manner; and (e) SHe failed to act as a reasonable driver under the circumstances. WHEREFORE, Plaintiff demands judgment against the Defendant for an amount in excess of Ten Thousand ($10,000.00) Dollars. Respectfully submitted: Dated: DILS, DIVEGLIA, DIXON & ZULLI _ Suite #1, 101 S. Itreet Harrisburg, PA (717) 236-5985 Attorney for Plaintiff VERIFICATION The following Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not my own. I have read the Complaint and to the extent that the Complaint 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 of the Complaint 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 aver- ments I may be subject to criminal penalties. CHRISTINE YINGER HEWITT~ Plaintiff VSo PATRICIA CARTER~ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 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 COURTHOUSE Court Administrator Third Floor Carlisle, PA 17013 1-717-249-1133 NO T.I ¢ I A Le han demandado a usted en la corte. usted quiere defenderse de estas demandas Si DCBA-100-Rule 4.6-4/3/81-M expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe preentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de sus persona. Sea avisado que is usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquiere queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURTHOUSE Court Administrator Third Floor Carlisle, PA 17013 1-717-249-1133 Dated: DILS, DIVEGLIA, DIXON & ZULLI Harrisburg, PA 17101 (717) 236-5985