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HomeMy WebLinkAbout02-2419LIVINIA N. JONES, Plaintiff, ARMOND SCOTT LECAIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O q- 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 239181.1~MEK~LC2 LIVINIA N. JONES, Plaintiff, ARMOND SCOTT LECAIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICIA Le hah demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, ustad tiene viente (20) dias de plazo al partir de la fecha de la demande y la notification. Ustad debe presentar una apariencia escfita o en persona o pot abogado y archivar en la eorte en forma escfita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o nofificacion y por cualquier queja o alivio que es pedido en la peficion de demanda. Us'tad puade perder dinero o sus propiadades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 239181.1~IEK\LC2 LIVINIA N. JONES, Plaintiff, ARMOND SCOTT LECAIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 0,7-.- JURY TRIAL DEMANDED COMPLAINT Plaintiff Livinia Jones is an adult individual who was a citizen of Ontario, Canada, at the time of the accident but who currently resides at 445 Waupelani Drive, Apt. L-10, State College, PA. 2. Defendant Annond Scott LeCain is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 308 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 3. The facts and occurrences hereinaRer related took place on or about May 28, 2000, at approximately 8:00 p.m. at the intersection of U.S. Route 11 & 15 Camp Hill Bypass and North 21 ~t Street, Camp Hill, Cumberland County, Pennsylvania. 4. At that location, U.S. Route 11 & 15 Camp Hill Bypass is a five-lane roadway with the two westbound lanes and one left-rum lane separated from the two eastbound lanes by a small concrete divider. 5. The posted speed limit on this portion of U.S. Route 11 & 15 Camp Hill Bypass is thirty-five miles per hour. 6. At that location, North 21st Street is a two way roadway with a posted speed limit of thirty-five miles per hour. 239181.1 7. At that time and place, Plaintiff Livinia Jones was traveling eastbound on U.S. Route 11 & 15 Camp Hill Bypass, operating a 2000 Chevrolet Malibu while traveling within the posted thirty-five mile per hour speed limit. 8. Plaintiff Livinia Jones was properly proceeding through the intersection on a green traffic signal. 9. At that time and place, Defendant Armond Scott LeCain was operating a 1993 Mazda Prot6g~ which was owned by John A. Kohr. 10. At that time and place, Defendant Armond Scott LeCaln was traveling westbound on U.S. Route 11 & 15 Camp Hill Bypass and was in the left westbound lane for through traffic from which no turns were permitted.. 11. At that time and place, while attempting to make a left-hand turn, Defendant Armond Scott LeCain pulled directly in fi.ont of oncoming traffic on eastbound U.S. Route 11 & 15 Camp Hill Bypass from the left lane of westbound U.S. Route 11 & 15 Camp Hill Bypass, disregarding the availability of the westbound left-rum lane which had a separate traffic light which controlled left turn maneuvers for westbound traffic. 12. Defendant Armond Scott LeCain made an illegal left turn fi.om the through westbound traffic against a red traffic signal which controlled left tums at that location. 13. At that time and place, while Plaintiff Livinia Jones headed eastbound through the intersection, Defendant Annond Scott LeCain pulled directly in front of her, without giving Plaintiff sufficient time to stop her vehicle, causing Plalntiffto violently collide with Defendant's vehicle. 239181. I'~MEK\LC2 14. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Livinia Jones are the direct and proximate result of the negligent, careless and reckless manner in which Defendant Annond Scott LeCain operated the vehicle owned by John A. Kohr as follows: a) b) c) d) e) f) g) h) i) J) failing to use the required left-hand mm lane while making a left-hand mm; failing to follow properly posted traffic controls and pavemem markings prohibiting left roms fiom the through lane in which he was driving; falling to keep alert and maintain a watch for oncoming traffic on the roadway while attempting to take a left-hand turn; failing to stop and yield for the red traffic signal which was controlling left mm movements for traffic at the intersection; failing to apply his brakes in sufficient time so as to avoid striking the Plaintiff's vehicle; failing to keep a proper watch for traffic on the roadway so as to allow him to take reasonable evasive action to avoid the accident; failing to drive his vehicle with due regard for the roadway and traffic conditions which were existing at that time and place and of which he was or should have been aware; making left-hand mm without due regard for oncoming traffic; failing to maintain proper and adequate control over his vehicle; driving his vehicle upon the roadway in a manner endangering persons and property in a reckless manner with careless disregard for the rights and safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 239181. I~VlEK~LC2 15. As a result of the accident, Plaintiff Livinia Jones sustained severe and painful physical injuries that include, but are not limited to, cervical strain, left shoulder strain, lumbar strain, left thigh contusion and overall discomfort in her neck, anterior thigh and left shoulder area. 16. As a result of the accident and resulfmg injuries, Plaintiff Livinia Jones was forced to incur liability for medical treatment, physical therapy, medications and other miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 17. Because of the nature of her injuries, Plaintiff Jones has been advised and, therefore, avers that she may be fomed to incur similar expenses in the future, and claim is made therefor. 18. As a result of the aforementioned collision and resulting physical injuries, Plaintiff has undergone and will continue into the future to undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, and a loss of life's pleasures and enjoyment, and claim is made therefor. 19. As a result of the aforementioned collision and resulting injuries, Plaintiff Livinia Jones has sustained uncompensated work loss, loss of opportunity, and a permanent diminution of her earning power and capacity, and claim is made therefor. 20. Plaintiff Livinia Jones confmues to be plagued by persistent physical pain, and limited range of motion in her neck and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff Livinia Jones demands judgment against Defendants Armond Scott LeCain in an amount in excess of Twenty-five Thousand Dollars ($25,000), exclusive of 2391BI.I~IEK~C2 interest and costs and in excess of jurisdictional amount requiring compulsory arbilmtion. R, P.C. I.D. No. 36513 4503 N. Front S~'eet Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 239181.1~vlEK\LC2 VERIFICATION I, LIVINIA JONES, do hereby swear and affirm that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. WITNESS: LI~Ii~ JONES SHERIFF'S RETURN - REGULAR CASE NO: 2002-02419 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES LIVINIA N VS LECAIN ARMOND SCOTT BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LECAIN ARMOND SCOTT the DEFENDANT at 1824:0q.HOURS, on the 17th day of May at 308 HUMMEL AVENUE 2002 LEMOYNE, PA 17043 HARRIE SCOTT, ROOMMATE a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before So Answers: R. Thomas Kline 05/20/2002 ANGINO AND ROVNER By: Sheriff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA L. SWANGER Plaintiff REBECCA A. SWANGER and JASON HALL Defendants NO. 02-2519 Civil Term CIVIL ACTION - CUSTODY PRAECIPE To the Prothonotary: Please withdraw the Complaint for Custody filed on May 22, 2002. Theresa Barrett Male, Esquire Date: July 2, 2002 LIVINIA N. JONES, Plaimiff, Mo ARMOND SCOTT LECAIN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 02-2419 JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the docket settled, satisfied ~.d disco~theabove-captioned ER, P C Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff action. DATED: 10/16/02 cc: George B. Failer, Jr., Esquire