The URL can be used to link to this page

Home My WebLink About06-6044F:FILES\DATAFILE\Ceneral\Current\ 12141.1. com Created. 2/2/05 8:05AM Revised: 10/16/06 9:35AM George B. Faller, Jr., Esquire I.D. Number 49813 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff OLIVER H. JONES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : :NO. 01, CIVIL ACTION AMANDA R. FISHER Defendant JURY TRIAL OF TWELVE 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 M OLIVER H. JONES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. ?? GOSH 9' CIVIL ACTION AMANDA R. FISHER Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, Plaintiff, Oliver H. Jones, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, files this complaint and avers as follows: 1. Plaintiff, Oliver H. Jones, is an adult individual residing at 67 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Amanda R. Fisher, is an adult individual residing at 70 West South Street, Apartment 7, Carlisle, Cumberland County, Pennsylvania. 3. On or about July 9, 2006, Plaintiff was a pedestrian walking across the street at the intersection of Pomfret Street and South Hanover Street, in Carlisle, Pennsylvania. 4. At that same time, Defendant was driving a 1992 Saturn heading east on West Pomfret Street crossing South Hanover Street, in Carlisle, Pennsylvania. 5. As Defendant proceeded through the intersection of Pomfret Street and South Hanover Street, in Carlisle, Pennsylvania, she drove her Saturn into Plaintiff. COUNT II - Negligence 6. The averments of paragraphs 1 through 5 are incorporated herein by reference. 7. Defendant's negligence consists of, among other things, the following acts and/or omissions, which substantially contributed to and were the proximate cause of the injuries suffered by Plaintiff: a. Failing to abide by speed limits and traveling at an unlawful speed in violation of, among other things, 75 Pa.C.S.A. § 3361; b. Failing to stop in time before running over Plaintiff, Hanging an object from her rearview mirror which obstructed her view of Plaintiff and violated, among other things, 75 Pa.C.S.A. § 4524; d. Failing to yield to a pedestrian in a crosswalk; Failing to use due care under the circumstances; f. Failing to take evasive action to avoid an impact with Plaintiff, and g. Failing to operate the Saturn under proper control. 8. As a direct and proximate result of the negligence of Defendant as stated above, Plaintiff suffered numerous physical injuries, including, but not limited to physical and emotional injuries, suffers and continues to suffer discomfort, pain and suffering, loss of life's pleasures, emotional trauma, all to his detriment and loss, which are claimed herein, as well as other damages allowed by law, including medical expenses. 9. Defendant had a duty to Plaintiff to act according to the rules of the road and laws ofthe Commonwealth, but breached such duty through her negligence as set forth above. 10. At all times material hereto, Plaintiff acted with due care and was not contributorily negligent. WHEREFORE, Plaintiffdemands judgment against Defendant in excess of $35,000, including costs of suit, and any other relief this court deems appropriate. MARTSO DEA WILLIAMS & OTTO By George B. Faller, Jr., Esq e I.D. Number 49813 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Oliver Jones ?a, r! (5 If % OLIVER H. JONES, Plaintiff vs. AMANDA R. FISHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6044 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, AMANDA R. FISHER, with regard to the above-captioned matter. Respectfully submitted, Date. NEALON GOVER & PERRY By: Jenni He ' Allen, 8sq I.D. No. 4 11 2411 No. h Front Street Harrisbug, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this q day of November, 2006, 1 hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George B. Faller, Jr., Esquire Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 r. 4 cp 1' -1 OLIVER H. JONES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-6044 Civil Term AMANDA R. FISHER, JURY TRIAL DEMANDED Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief. 4. Admitted based upon information and belief. 5. Denied based upon Pa. R.C.P. 1029(e). COUNT II - Negligence 6. No response pleading required. 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). Respectfully submitted, NEALON GOV R & PERRY By Jtris' H nley Alle squire Aey I.D.No. 84311 2 North Front Street H burg, , PA 17110 Date: 0 o 1. (717) 232-9900 VERIFICATION I, Jenni Henley Allen, Esquire, make this Verification on behalf of the Defendant, Amanda R. Fisher, a knowledgeable representative of which is currently unavailable to sign this Verification. I represent that the facts set forth in the foregoing ANSWER TO 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 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 1 CERTIFICATE OF SERVICE AND NOW, this day of , 2006, 1 hereby certify that I have served the foregoing ANSWER TO COMPLAINT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George B. Faller, Jr., Esquire Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Jenni Henley Allen, Esquire r-,? a- ?i - r? ,, Cu 1 ?-? ? fry -,-t ?. ?, _ r? .`:, t' l l _,{ °; ..C OLIVER H. JONES, Plaintiff vs. AMANDA R. FISHER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6044 Civil Term JURY TRIAL DEMANDED CIVIL ACTION - LAW P R A E C I P E PLEASE SUBSTITUTE THE ATTACHED VERIFICATION FOR THE ATTORNEY'S VERIFICATION IN THE ABOVE-IDENTIFIED MATTER. Respectfully submitted, NEALON GO\CER & PERRY By k 11)( ni nley Allen, Esquire At me I.D. No. 84311 20\1 No h Front Street Harn u , PA 17110 Date: oZ 0 6ls (717) 2 2-9900 VERIFICATION I, AMANDA R. FISHER, verify that the statements made in the foregoing ANSWER TO COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: A A A R. HER CERTIFICATE OF SERVICE AND NOW, thisc?"' day of A? , 2006, 1 hereby certify that I have served the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: George B. Faller, Jr., Esquire Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 nj Henley Allen, Esquire «,..a L:3 y Gr ' .--; ? ? t ?'t 3 r "=?', lp"t ', l ?.:. '?? ?J r?,.. ?..5.: . SHERIFF'S RETURN - REGULAR CASE NO: 2006-06044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JONES OLIVER H VS FISHER AMANDA R MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FISHER AMANDA R DEFENDANT was served upon the at 0933:00 HOURS, on the 25th day of October , 2006 at 70 WEST SOUTH STREET APARTMENT 7 CARLISLE, PA 17013 AMANDA R FISHER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.0 4.40 0 Postage .39 Surcharge 10.00 nn R. Thomas Kline 32.79 ?? 10/27/2006 41 P/06/Jvto MDW&O Sworn and Subscibed to By: -- before me this day puty Sheriff of A. D. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Oliver H. Jones VS. Amanda R. Fisher VS. (Plaintiff) (Defendant) ( X) Civil Action - Law ( ) Appeal from Arbitration ( ) (other) The trial list will be called on and May 22, 2007 Trials commence on June 18, 2007 Pretrials will be held on May 30, 2007 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 06-6044 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: George B. Faller, Jr., Esquire, Counsel for Plaintiff Indicate trial counsel for other parties if known: Jenni Henley Allen, Esquire, Counsel for Defendant This case is ready for trial. Date: April 19, 2007 Signed: 7C Print Name: Attorney for: George B. Faller, Plaintiff CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe for Listing Case for Trial was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jenni Henley Allen, Esquire NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES _ By: (?n? Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 19, 2007 o SL, 1T\i CUF F a CP .v r 2?1I ? ?i " te C -1 co FAFILESl1214Ik1214I.Lpral Created: 9/20/04 0:06PM Revised: MI/07 11:32AM George B. Faller, Jr., Esquire I.D. No. 49813 Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff OLIVER H. JONES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6044 CIVIL ACTION AMANDA R. FISHER Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MAR By MARTSON DEARDOR GILROY & FALLER I.D.49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO Date: August ?? , 2007 40 d*6 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: The Honorable Matthew R. Gover NEALON GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 MARTSON LAW OFFICES By Nichole L. Myers 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August j , 2007 ? ? ` ?-? 'w?i ?-- -^-' :. " ..-t 'L T ....-4t :. C r _ y-• -t ...?. i?"} _t15 ? ?-?? -r