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Home My WebLink About94-00662 1 I" .',"i 1 " " I' I. 'II v 'I I , "JI . '1 I, , '", " ,,, " ,i " ,i ',I ' ,:~ 1,111 \ I,~ :'1 II;,~~ \ "~I ;1 ,,11 "JJ "i'~ I'~ I, ~ I' 'I~ \1 ':'fjl ',\, ", "j il'~ \' ..j 'I', "~Ii 'lY "LJ ":l , ~i , \1 i_i "~I , , if i , , ""'" "t I ..... ,', " , , " ., I' ':1 " :, " \ I I j / ,I 01 , / / / ".. ./ / / I I '1, , I " " " , , , I " , , II' ., 'i' 01 .1 !-'l " I' :' 'i,1 ;1 " " " 1,', , I 1'.,1 " 01 " I" i I ,,~ 'I' 11, :~ 1:1 '~ I Ii "~ ',I' ,11 'I ,1 I ;~ , , " 'I I Ii " . " " '..11,:,'1 ~.~'~JI.,~..'.,Jl#~1 , /.\',.', \j IN THE COURT OF COMMON iLEAS or CUMBERLAND COUNTY, PENNSYLVANIA ALICIA A. CMWBILL, plaintiff CIVIL DIVISION ~(pl- C,,--~L 1ft/It- No. VS. JIAIlK B. WBLDOII, Defendant COMl'LAItrl' IN CIVIL AC'rIOIf - LAW Filed on behalf of ALICIA A. CMHSLL, plaintiff counsel of Record for this partyt r. And~~w Wolf, ERq. Pa. 1.0. * 70655 ,\ I Weisel, KideR & Foerster Firm * 295 200B Law & Finance Buildinq Pittsburqh, Pennsylvania 15219 (412) 471-4128 , , , , I. ~ICI '1'0 DI~ You have been .uecl in Court. If you , '.h to defend &va1n.t the cl.1Ju .et forth in the followinv pave., you lIlWlt tan aation within twenty (20) day. after thi. Complaint and Motice are .erved, by enterinv a written appearance per.onally or by attor" nay and fllinv in writin~ with the Court your defen.e. or objec" tion. to the cla1me .et forth avaJ.n.t you. You are warned that if you fa11 to do eo the o..e IIl&Y prooeed without you and a jud9lll8nt may be entered av&inet you by the Court without further notice for any money claUDed in the Complaint or for any cla1m or relief reque.ted by the Plaintiff. You may lo.e lIIOney or proper" ty or other r1vhte important to you. YOU SHOULD TAU THIS pbn TO YOUR LAWYBR AT OIfC.. Ir YOU DO MOT HAVI OR IafOW A LAWYBR, THDf YOU SHOULD GO TO 01 'DLUIICIIII THIl OrrICB Sft roRTH BILOW TO rIND OUT WJIIRB YOU CAlf Qft LIlCJAL HBLPI LAWYBR RDIRIlAL SIRVIC. COURT ADIIIIUSTRATOR 4TH rLOOR CUMBDLAIfb COUN'l'Y COURTROUSB CARLXSLI, PINNSYLVAlfIA 17013 TBLIPHONB (717) 240"6200 I, I.; " operating a 1988 chevrolet corsica automobile, whioh vehiole was involved in the accident desoribed below. 5. On the atoresaid date, Plaintiff ALICIA A. CAMiBILL waa travelling weat on State Route *11 in south Newton Townahip approaohing the interaeotion ot State Route *3007, when Detendant, who was approaching a atop sign on ~tate Route *3007 at the intersection with State Route *11, made a left turn from the aouthbound lane of State Route *3007 into tho eastbound lane ot State Route *11 directly in tront of Plaintiff's vehicle which had the right ot way, thereby causing a collision. Thia collision caUsed the damages set forth below. 6. The damages set forth below were directly and prox- imately caused by the neqliq~nce and careleasne.. ot the De- fendant ,. whioh consisted of the following I a. Failing to have his vehicle under proper control ao aa to prevent his vehicle from strikinq the Plaintiff'a vehicle, b. Failinq to stop his vehicle at a stop sign, in violation of Section 3323(bl of the Motor Vehiole Code, c. Failing to keep a proper lookout while operating hia vehicle, d. F.ilinq to watch for approachinq vehicles on State Route *11, the principal roadway, e. f. q. h. 7. CAJIlIBILL spect. Failinq to yield the riqht of way to the Plaintiff's vehicle, in violation of Section 3323(b) of the Motor Vehicle code, Failinq to sound his horn or qive other warning of the approach of his vehicle, Failinq to allow Plaintiff adequate time and adequate stoppinq distance to avoid the collision with De- fendant's vehicle, and operatinq his vehicle without due reqard to the riqhts, safety and position of the Plaintiff at the time and place stated above. At all timos material hereto, Plaintiff ALICIA A. acted with due care and was not neqliqcnt in any re- B. As a direct result of Dftfendant's carelessness and negliqence .s set forth above, Plaintiff ALICIA A. CAMPBELL has suffered the followinq damaqes. a. Phy.ical injuries, includinq but not limited to blunt trauma to the head and knees, resultinq in cervico cranial syndrome, upper thoracic cervioal It rain and Iprain, cervico myofa,citil, severe neck pain, head~ aohel and black eye., as well as lumbalqia with .evere low baok pain, back Ipasm., numeroul bruile., abra.ion. and soar., b. Expenditure of money for medical treatment and med- ioine, from the time of the colli.ion through the pre.ent and into the future, o. LO.I of income, al Plaintiff wal unable to engage in her ulual occupation for a period of time, and 10.. of future earning capacity and employment opportunities a. Plaintiff may not be able to engage in other occupationl, and d. other damage. a. specified below. 9. AI a further result of Defendant's oarele..ne.. and negligence, Plaintiff ALICIA A. CAMPBILL ha. suffered great bodily pain and IUffering, mental anxiety, nervoulne.. and interruption in her daily habit8 and purluitB, all to her qreat detriment and 108B. , . ",""'",- WKIRIrOaa, Plaintiff ALICIA A. CAMPB8~~, demandl judgment from Defendant for a I~ in exoeaa of $25,000.00 plul COlt. and demand I a jury trial. WEISEL, KIDES , FOERSTER " , I , , I " L,lt , ' "' I, " , , ,'.t. ,,,. ., . "j . . . ',e' , . ' - : .~ \ -, ,,: ,I . "-.-.' ". "', I. .' .... '. ... "I. .. . .-' ". ",I' . ,1,0':' f' ~ . ", f I .. ,,, , . " ., !'. yJRIrICATION I verify that the statements made in this Complaint In Civil Action are true and correct. I understand that false statements herein are made subject to the penalties of 18 fa.C.S. 54904 re1atinq to unsworn falsification to authorities. 'i' '/;'-.1,',( , ' ALiCIA A. . I j I!, , ,\ "II I i(" CM>>Bu.x. I. l, Datedl . / , 1994 . . , " , I , Ii , , ' , " ,I ',;., ,".J ,'I I' .- - , I TfF1,- ''"11 \Y, 'G!,"W~T.'[~r!;t,~'(r(NI~;l'\{\' ;' ,~:; 'i' .', ,- IT':, 'J,I,;',',I"'lf"'-f{l}r""\' '~fJt\,_ '(I ,-,:; ',T':i1rjr'I'\";'1'1,\;t\',:',\;'-'1^,j ," ',' ., ')'1"""1\',1',""''''''; ;!'! -, \;i;/ I, ..... . '" , " I,,! , '(;'fi :"I;'!i:'ljf/"'_ ,I J, "~'" \'1h1 1'\. IF:.':,;\'it'U- 'I'j',ol'j.-I ,i",;,'I"M;l "";"'<'.'i ,J " '[; ,1 ;,1' "'/~ ~n , " >l'i , 'I d ,ti ,I !, I ,I " , , Q ~~ ..i Dq~ ~~ ~ ~.j ~) ~~ e ~ ~ ~... - 0( f ,e ~ U' ~ " I, " , , I, 01 .'1 " \, i AUCIA A. CAMI1lmU., Plalntill' IN nm COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYl.V ANIA v, NO, 662 CIVIL 1994 MARK D. WELDON, Defendant CIVIL ACTION . LAW FJlAECIPf. TO THE I)ROTlIONOTARY Please Enter my Appearance on behalf of the Delimdant, Mark B. Weldon, III the above.captloned matter. Respectfully submitted, , I ~~~~v~~' RNS ~j ( .'" -:/0 B :'\1 ,--~~: c..)L y uo",'" _,.' ".H'_____ James G. Nealon, 111, Esquire Attorney I.D # 46457 Attorney lilr Defendant 3631 North Front Street Harrlsburl!, P A 17710 (717) 232-7661 Dated: March 9, 1994 , I II I I' \. " , , I. (:JiRTJUC ATJi.Ofo'fmR YJr!\ i!. AND NOW, this 9th day of March, 1994,1 hereby certlly that' have served the I, foreQolnQ Praecipe tor Entry of Appearance on the tollowlng by depositing a true and correct copy of same in the United States malls, PI)stllge prepaid, addressed to: '{:, ;!"! 11 , I.. ! : I' I" , ;1, 1'1 ;':1 1',/, i t' Ii. 'i }'I r, F. Andrew Wolt: ESlJuire Weisel, XI des & Foerster 2008 taw & Finance Building Pittsburgh, PA 15219 '".,rt_.'_' /' l '.".'.'_: 'j?fJ ~~,.~:::' ~ ~':.r C- lames G. Nealon, III, EAqulre Dated: Mareh 9, 1994 , , , i " , , ,0 , , , , " , " I, .1 , I .1 , v. IN THa COURT OF COMMON p~aAS CUMBBRLAND COUNTY, PBNNSY~VANIA NOl 662 Civil 1994 A~ICIA A, CAMPBa~~ Plaintitt MARK B, WB~DON Defendant Alls..... TO TH. COIULAINT WITH Hn 1IA.TT... AND NOW comBS Mark B. Weldon, by his attorneys Caldwell & Kearns, and files the following Answer with New Matter. 1-4. Admitted. 5. Admitted in part and denied in part. It is admitted that Alicia A. Campbell was travelling west on Route 11 in South Newton Township, Cumberland County approaching the intersection ot Route 3007. Further, it is admitted that anawering Defendant made a left had turn onto Route 3007. This turn was made after looking both ways and proceeding into the intersection. It is specifically denied that anawering Defendant acted in any improper or negligent way. Furthor, it is denied that any action on the part of answering Defendant caused the damages as Bet forth in Plaintiff's complairt. 6. Paragraph 6 represents a conclusion of law to which no responsive pleading is required. factual, it is denied herein: (a) It is denied that Defendant failed to have his vehicle To the extent it ill deemed under proper control, (~) ~t is denied that Defendant failed to stop his vehicle at a .top sign in violation of Section 3323(b) of the Motor Vehicle Code I (c) ~t i. denied that Defendant failed to l<eep a proper lool<out while operating his motor vehicle, (d) ~t is denied that Defendant failed to watch tor approaching vehicles on State Route 11, the principal roadway I (e) ~t ia denied that Defendant failed to yield the right of way to the Plaintiff's vehicle, in violation of Section 3323(b) of the Motor Vehicle Codel (f) It is admitted that Defendant failed to sound his horn or give other warning of the approach of his vehicle as he believed he was proceeding through the intersection properly, (9) It is denied that Defendant failed to allow Plaintiff adequate time and adequate s\:opping distance to avoid the collision with Defendant'a vehicle. To the contrary, the Defendant entered the intersection under the belief that sufficient time existed to proceed through the intersection i.n question. (h) ~t is denied that Defendant operated his vehicle without due regard to the rights, safety and position of the Plaintiff. at the time and place stated in Plaintiff'. complaint. 7. Denied, It is danied that Alicia A, Campbell acted with due care and was not negl igent in ;,lny respect. To the cont rary, the Detendant incorporates his new matter in response to this paragraph. 8. (a-d) Denied. After reasonable investigation, Defendant is without knowledge or informatJ.on sutficient to torm a belief aa to the truth ot the matter aaserted and proof is demanded at trial. 9. Denied. After reasonable investigation, Defendant is without knowledge or intormation aufficient to form a belief as to the truth of the matter asserted and proof is demanded at trial, WHEREFORE, Defendant, Mark B. Weldon, respectfully requests that the Complaint be dismissed with coats. NO IlATUll 10. Paragrapha 1 through 9 of Defendant's Answer with New Matter are incorporated herein by reference thereto. 11. The Plaintiff has failed to state a claim upon which relief can be granted. 12. The Plaintiff's claim ia barred in whole or in part by application of the Comparative Negligence Act. Specifically, tor the toll owing I a) Failing to maintain a proper lookoutl b) Traveling to faat for conditionsl c) Operating her vehicle in an unsate speed and manner, d) Failing to account for the presence and satety of other vehicles entering the intersection, I I I II 1 13. The Plaintiff'a claim ia bar~ed in whole o~ in part by appli.cation of the Pennsylvania Motor Vehicle Pinancial Re$ponsibility Act, WHElRBFORB, Defendant, Mark B. Weldon, relllpectfully would request that Plaintiff'S complaint be dismisaed with costs ot suit. Respectfully submitted, ( BYI ew R. Gover, Bsqu re A t rney I,D. # 47593 Attorney for Defendant 3631 North Front Street Harrisburg, PA 17110 (717) 232.7661 Dated I "5. ZB .94:- , ' , , I " , , ' I' I' I , I I "" I, , I " " '" " , I 'I!: IN T"E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICIA A. CAMPBILL, PlainHff CIVIL DIVISION No. 662 Civil 1994 va. IINUt B. WlLDQII, Defendant RBPLY TO tfIW 1IA'l"1'IR Filed on behalf of ALICIA A. CAMPBILL, Plaintiff Counsel of Record for this PartYI F. Andrew Wolf, Esq. Pa. I.D. * 70655 " " Weisel, Kides & Foerster Firm * 295 2008 Law & Finance Buildinq Pittsburqh, Pennsylvania 15219 (412) 471-4128 I, 1.1 ,.. ._- jU,ICIA A. CNlPBILL, Plaintiff IN THE COURT or COMMON P~~AS, CUMBER~AND COUNTY, J.lENNS'i~VANIA VS. NO. 662 Civil 1994 IWlJt B. WlLDOIf, Defendant JilULY TO nw 1IA'l"rU plaintiff jU,ICIA A. CAIOBILL oornes by her attorneys ". Andrew Wolf and Weisel, Xides & Foerster and files the followinq Reply to New Matterl 10. Paraqraph 10 requires no responsive pleadinq. 11. The alleqation oontained in Paraqraph 11 is a conolusion of law to whioh no responsive pleadinq i. required. 12. The alleqation contained in PAraqraph 12 is a conclusion of law to which no responsive pleadinq is required. requiredl To the extent that a responsive pleadinq is (a) It is specifically denied that the Plaintiff failed to maintain a proper lookout. On the oontrary, at all times material hereto, Plaintiff . ._,- acted realonably and with due care in keepinq a proper lookout. It wa. Defendant who failed to keep a proper lookout for vehiclel on State Route tl1, the principal roadway, (b) It i. .pecifioally denied th.t the Plaintiff wa. travellinq too fa.t for oondition.. At all time. material hereto, the Plaintiff acted rea.onably and with due care in travellinq within the pOlted .peed limit and within a rea.onable and lafe Ipeed for thft condition., (c) It i. specifically denied that Plaintiff WI. operatinq her vehicle in an un.ate .peed and manner. At all times material hereto, plaintiff acted rea.onably and with due care in operatinq her vehicle at a safe .peed and in a rea.onable manner. On the oontrary, it wa. Defendant who 4ct\ld neqliqently and carelessly in operatinq hi. vehicle as fully aet forth in Pareqraph 6 of Plaintiff's complaint, which is incorporated herein by reference, (d) It i. specifically denied that Plaintiff failed to account for the presence and .afety of other vehiclel enterinq the inter.ection. At all time. , -- Ii 1'," 1'".,-,,'f'/-t,,}!'1' '"'''1,, ,.',. ;f";,' lit :/,X, ".,'; " . -, t,'~,~_l: _,.;1 { " " . '~'~'."_' I.E'. :m""."~".'.f"'!.'d ll?'''':- - ,: - :::- ~-- '-'~/'J1'~t!l-'~i\'rJji ,';- ill- -, J - . .~i,'ft ~;~;~,t ~':,~,T. ~I! "I"!'--". ',- -..~' -~.. "-'}'-'-"~-'-"('."'~.-'t .';' .Cl-':JII_~~,_"rl It,_.,., ,"',. ". > .., ~ .~. --',' j '1'\--- ," It' ',I" t""L' '", "U #'-".i -11,1;<..' .-'" -" -',' "'.__". '.1 - _".". '.'., _ "'0 .: - i{r..- _'i''f'~JII; "'.\_I~,~L-' - it'",f'-" 'II't'. _ . "f ,-' I ." -,' I, I',' !~. - .. 'j" '. ..."li~'J'; if-t'r- -. i','.I.'" ',',/". ; r . ., II-.j-". ". ." f~f"" '.li' I.. _ "I, ~r!'-1i;.".i;~_'i' I '1" I " ~ :'..:.t 'i_':V~( CIRTIrIC~T8 0' @~YJ~I I hereby certify that a true and correct copy of the within Reply '1'0 New Matter were aerved by depoliting a QOPy thereof in the United Statel Mail, firlt-alall pOltage prepaid on thel/fi day of ~) , 1994, AI followl' Matthew R. Gover, ilquire Caldwell , Kearns 3631 North Front Street Harrilburq, Pennlylvania 17110 WEISEL, KIDES & FOERSTER ,;.1 '...... I " I ' r , " , , 01 ., ......- , , I i. "i'. '. ~, I t I, ,', I I' 'I "I, ,,. '\ . , a . f!.i ~ ~:-rt: '"\ " 11.,IL.' " 'J "" ,_, .. ':."''''1 : ~ - ~~ ) " I' , , .,' - - " ..". , Ji .. "-~ " " , I I' " " , If , . "" ." I'j i I t IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALICIA A. CAMPBILL, Plaintiff CIVIL DIVISION No. 662 Civil 1994 vs. MAlUt B. WILDON, Defendant P~CI1'1 '1'0 SI'l"l'LI AND DIBcotITIHUIl riled on behalf of ALICIA A. CAMPBILL, Plaintiff I' Counsel of Record for this PartYI F. Andrew Wolf, Esq. Pa. I.D. * 70655 " Weisel, Xides & Foerster Firm II 295 2008 Law & Finance Building Pittsburgh, Pennsylvania 15219 (412) 471-4128 ','I !I '. - " ALICIA A. CAMPBILL, Plaintiff IN TH! COURT OF COMMON PLIAa OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 662 Civil 1994 v. IIAlUt II. WlI.DOII , Defendant ~JWlCIPB TO SI'l"rI.. AND DU1CQllTINUIl TO TH! PROTHONOTARY I Kindly settle and discontinue all claims filed on behalf of the plaintiff in the above-oaptioned oase. WEISEL, XIDES & FOERSTER BYI Dated, Ij~YX~/ , , j, I " , 'I ,.. , "I ,i " ',' 'i--- ;:?i :,.,., .. :-r:: " L~_ ~11 '-T p') ~-.~ W .-\ 2i , , '.1 ,," " I'; ,1 ;j; " ,j,1 1,1 " . , i\ " ''I " " I' , " , ., ~ - " , , " ,