The URL can be used to link to this page

Home My WebLink About94-04724 , I I , I, ~!i ! ! ,:i";~ , 'I~ 'I' , ,:;~ ,,/1, ,'11 , :iJ d'J "Jill ' ,,;11' " III ,I ".,1J I',(I! ,1\1, 'I 1,\) , " , , , " , , " A ~ " ;,1 " " " \ ~ , J I, ,// ,- , " ~ j ':::t- '<S C'- ~ ~ "~ ~.~ ~ )-. <..) \\1-) \~ .r ,. ....:::}. .~ = 011.., "'- , <", " ,3' ' , C) ,....1.... , .p C"") ~ .' ,,..:.;> I.... ~ . " f5 " " ... ,..-, \'~ - \' .""l ~ - l' C><:> '':r - ,-4.. ~ ...... ,'" I ~.-i '-J '-.(. ~ ' ~ rf) '(]o ~) ~ y"O ca;l.U- . ~ ;:: III 15 III ": ~ ~~~il~ o i if. ~ ~olI~:E - .J 0:5 iil " jl2!a C li~~ C.~ . . ,.....It.W....1I1l .J ' lilt "'''0 j 0:) ~ ',j~"~'J ;.',,',~II'... ,..Iii,. '01 ,h""'" ."""1 ,..., JOANNE FEDORA, Plaintiff vs. I I I I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'lANIA CIVIL ACTION - LAW NO. crtl 4 1) 4- ('.... t-lA..L :1.(4\1'-' JURY TRIAL DEMANDED JOAN M. BEARD, Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend aqainst the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by enterinq a written appearance personally or by attorney and filing in writing with the Court your de tenses or objections to the claims set forth against you. You are warned that if you fail to do 80 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. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse carlisle, PA 17013 (717) 240-6200 '1 . . t"'"\ I"" vs. IN THB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED JOANNE PEDORA, Plaintifr JOAN M. BEARD, Derendant NOTICIA Le han demandado a usted .n la corte. si usted quier. derenders. de estas demandas expuesta. en las paqinas suqnuientes, u.ted tiene vient. (20) dias de plazo al partir de la recha de la demanda y la notificacion. Usted deb. pre.entar una apari.ncia .scrita 0 en persona 0 por abogado y archivar en la corte en rorma escrita sus deren.as 0 sus objecione. ala. demanda. en contra d. au per.ona. Sea avisado que s1 u.ted no 8e deriende, la cort. tomara medida8 y puede entrar una orden contra u8ted sin previa avi.o 0 notificacion y por cualquier queja 0 alivio que e. pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedade8 0 otro8 derecho8 importantes para usted. LL"::VE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. 51 NO TIENB ABOGADO 0 SI NO TIENE EL DINERO BUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 ~, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOANNE FEDORA, Plaintiff JOAN M. BEARD, Defendant NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Joanne Fedora i., a citizen of the Commonwealth of Pennsylvania and an adult individual who resides in Camp Hill, Cumberland county, Pennsylvania. 2. Defendant Joan M. Beard is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 105 N. 5th Street, Lemoyne, Cumberland County, pennsylvania. 3. The facts and occurrences hereinafter related took place on or about November 10, 1992 at approximately 3:02 p.m. at the intersection of Market street and Centrftl Boulevard, Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Joanne Fedora was operating her motor vehicle, a 1981 Pontiac LeMans, in a northerly direction on Central Boulevard. 5. Ms. Fedora was travelling within the proper lane of travel for northbound traffic on Central Boulevard. 6. At the same time, Defendant Beard was operating a 1984 Pontiac Bonneville in an eastbound direction on Market street and was travelling in the lane of travel for eastbound traffic. 7. Defendant Beard proceeded through a red traffic signal light, entered the intersection of Market street and Central 1 , . Boulevard, and struck Ms. Fedora's vehicle, pushing it off of the roadway. 8. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintif! Fedora are the direct and proximate result of the negligent, carele.s, wanton and reckless manner in which Defendant Beard operated her motor vehicle as follows: a. failure to stop at a red traffic light; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highwan c. failure to keep a proper watch for traffic on the highway; d. failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; e. failure to keep proper and adequate control over her vehicle; and f. driving her vehicle upon the highway 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. 9. Ms. Fedora sustained painful and severe injuries which include but are no'(; limited to cervical spine injury requiring cervical spine surgery, continuing cervical and thoracic myofacial pain, a medial meniscal tear of the left knee, each of which, individually, constitute a "serious injury," impairment of body function." and a "serious 10. By reason of the aforesaid injuries sustained by Ms. Fedora she was forced to incur liability for medical treatment, 2 --- ,,-... medications, hospitalizations and similar misceUaneou. expen.es in an effort to restore herself to health, and claim is made therefor. 11. Because of the nature of her injurie., M.. Fedora ha. been advi.ed and, therefore, aver. that she may be forced to incur .imilar expense. in the future, and claim is made therefor. 12. A. a result of the aforementioned injurie., M.. red ora has underqone and in the future will undergo physical and mental .ufferinq, inconvenience in carryinq out he.: daily activitie., 10.. of life'S pleasures and enjoyment, includinq, but not limited to artistic pursuits, experienced depression, and claim is made therefor. 13. As a result of the aforesaid injurie., Ms. Fedora ha. been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 14. As a result of the aforementioned injuries, M.. Fedora has sustained work loss, loss of a flower busines., loss of opportunity and a permanent diminution of her earninq power and capacity, and claim is made therefor. 15. As a result of the aforesaid injuries, Ms. Fedora has sustained uncompensated work lOBS, and claim is made therefor. 16. As a result of the aforesaid accident and injurie., M.. Fedora continue. to be plaqued by per.istent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causinq residual problems for the remainder of her lifetime, and claim i. made therefor. 3 ................,.'. ,'".... SHERIFF'S llE'l'URN ~:IH OF PENNSYLVANIA, COlIm'Y OF CLMBERL/It',U In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-4724 Civil Term Complaint in Civil Action Law and Notice Joanne Fedora VS Joan M. Beard Weslt'Y Cook , illabffxOIIll Deputy Sheriff of CUnberland County, Pennsylvania, who being duly s\\\Om according to law, says, that he served the within Complaint in Civil Action Law and Notice upon Joan /!1. Beard p.M. U'X/< EDST, on the , the defendant, at 1:20 o'clcx::k 14th day of September , 19..2!at 105 North 5th Street, Lemoyne , C\.rnl:xlrland County, Pennsylvania, by handing to Earl Beard, husband of defendant Joan M. Beard a true and attested copy of the Complaint in Civil Action Law and Notice, and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 8.96 So answers: 1!"~~ 2.00 24.96 R. Thanas Kline, Sheriff Pd. by Atty. 9~15-94 by " /~~ ~q~~~ Depu, Shenff Sworn and subscribed to before me this _,j,; o-=-- day of , ...,; ,'-r, " 1_. / 19 ri'l A.D. h~(> }Iun,-_-,!::.,~' Prothonotary 6. Admitted. 7. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph seven (7) of Plaintiff's Complaint. Therefore, the same are denied. 8. Paragraph eight (8) of Plaintiff's Complaint sets forth a conclusion of law to which no responsive pleading is required. To the extent facts are deemed to be alleged, they are denied. With respect to subparagraphs a. through f. of paragraph eight (8) of Plaintiff's Complaint, Defendant denies negligence in any of the following regards: a. Failure to stop at a red traffic light; b. Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. Failure to keep a proper watch for traffic on the highway; d. Failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; e. Failure to keep proper and adequate control over her vehicle; and 2 f. Driving her vehicle upon the highway 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. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph nina (9) of Plaintiff's Complaint. Therefore, the same are denied. 10. After reasonable investigation, Defendant is without knowledge or information suffir.ient to form a belief as to the truth or falsity of the allegations contained in paragraph ten (10) of Plaintiff's Complaint. Therefore, the same are denied. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph eleven (11) of Plaintiff's Complaint. Therefore, the same are denied. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph twelve (12) of Plaintiff's Complaint. Therefore, the same are denied. 3 13. After reasonable investigat~on, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph thirteen (13) of Plaintiff's Complaint. Therefo!:'e, the same are denied. 14. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph fourteen (14) of Plaintiff's Complaint. Therefore, the same are denied. 15. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph fifteen (15) of Plaintiff's Complaint. Therefore, the same are denied. 16. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph sixteen (16) of Plaintiff's Complaint. Therefore, the same are denied. 17. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph seventeen (17) of Plaintiff's Complaint. Therefore, the same are denied. 4 WHERBFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. NBW MATTBR 18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference, and made a part hereof as if set forth in full. 19. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 20. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No- Falllt Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 21. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. 22. By her own actions, the Plaintiff did assume the risk of any and all injuries and/or damages allegedly suffered. 23. If there is a legal responsibility for the damages set forth in Plaintiff's Complaint, the responsibility is that of other individuals and/or entities over whom Defendant has no control. Plaintiff's injuries and damages as alleged were not proximately caused in any manner whatsoever by Defendant. 24. Plaintiff's claims are barred by the applicable Statute of Limitations. 5 - 94-058 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 94-4724 JOANNE FEDORA, Plaintiff JOAN M. BBARD, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CBRTIPICATB or SBRVICB JEFFREY BAXTER, ESQUIRE, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Answer to Plaintiff's Complaint with New Matter to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, PC 4503 North Front Street Harrisburg, PA 17110 October 12. 1994 DATE ~ :;r' " " :-:: ,.., '0' .. ,OJ "'.J ,-- ~~.~ - -- - -- , a!1! = ,..- :'J !'! ~~ , e=,~~:.fii~ Q loW t- ~Q...i=::l;::!R ~"'lCz:<ii=RE L ;0(.... -- -- I ~ B ~ c ~ .. ... ... <~ -- -- (,.J "" -- .1 L. --'. I' 94-051 JOANNE FEDORA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 94-4724 CIVIL ACTION - LAW JURY TRIAL DEMANDED vs. JOAN M. BEARD, Defendant V B R I r I CAT ION I, Joan M. Beard, verify that the statements made in the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. 54904, relating to unsworn falsification to authorities. Dated: /tJ;/;S'jJ~1 'M-; BEARD, DEFENDANT 94 - 051 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 94-4724 JOANNE FEDORA, Plaintiff JOAN M. BEARD, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CBRTIrICATB or SBRVICB JEFFREY BAXTER, 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 Attach Verification to Defendant's Answer to Plaintiff's Complaint with New Matter to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, PC 4503 North Front Street Harrisburg, PA 17110 October 19. 1994 DATE .~) /~-~ . .t E , ESQUIRE for Defendant , . VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIl, ACTION - LAW JOANNE FEDORA, plaintiff JOAN M. BEARD, Defendant NO. 94-4724 JURY TRIAL DEMANDED RBPLY TO HEW MATTER 0' DI'BHDAHT JOAN K. BIARD AND NOW comes the Plaintiff, Joanne Fedora, by and through her attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendant Joan M. Beard: 18-25. Denied. The Defendant has failed to set forth factual allegations that require the Plaintiff to admit and/or deny said factual allegations. The factual allegations contained in Plaintiff's Complaint are herein incorporated by reference. The allegations contained in the Defendant's New Matter are all conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendant be dismissed. RESPECTFULLY SUBMITTED, ANGINO & ROVNER, P.C. t ) Dated: ID/:JO !cf4 v d L. I.D. No. 3595 4503 North Frcnt street HarriSburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 55259/LAS ~ .'.... .. ,r.I__ . , ::0::: , 0.... ,.. " J Q'I " ::t' , Lr, ~ L " e! -~- Ill! ii! ~~ a~ ~~~~fii;' ElX ~ i'!:J;::! E CQ<F_,....... i:I: ~=~=....."-'- ~~ ~E;;.!Q ..I7.i ~ ~Q ~~ '-' ""/-01 ~ . . ' '. 94-0.58 vs. IN 11IB COURT OF COMMON PLBAS CUMBERLAND COUNTY, PBNNSYLV ANIA DOCKBT NO. 94-4724 JOANNB PBDORA, Plaintiff JOAN M. BBARD, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDBD CERTlnCATE OF SERVICE DONALD R. DORBR, ESQUlRB, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Withdrawal/Bntry of Appearance to be served by regular first class mail upon: David L. Lutz, Esquire Angino & Rovner, PC 4503 North Front Street Harrisburg, PA 17110 S~ember 14. 1995 Date cl1i3 / Lh- Donald R. DOrer, Bsquire Attorney for Defendant JOANNE FEDORA, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I vs. I CIVIL ACTION - LAW I JOAN M. BEARD, I NO. 94-4724 Defendant I JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued, and issue a Certificate of Settlement. ANGINO & ROVNER, P.C. \ \;\}J {la d L. L I.D. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff -- Dated:C1- c?-~ _C, \ cc Donald R. Dorer, Esquire 3907 Hartzdale Dr, Ste 706 Camp Hill, PA 17011 71040/MTO ~ " . :0: ,~ '''' ..... en r.:\) "ooJ <>. ,., v-,