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Home My WebLink About94-04881 " " " ," ,. J " tij , " ;'1 ;P " " " i'li ,j " 'i; "" " " " , " J j ., " " ,'I " , " - ":' 00 ()O , , , ::r " " IIDNA POLILLO, Plaintiff v I III THI COURT OP COMMOII PLlAS I CUMlIRLAKD COUIITY, PI"SYLVANIA : NO. '1 It I, J',)'/ (I\. l.Lt '- ,) tl~~y\"/ I I CIVIL ACTION - LAN I HARK B. SKILTON, Defendant NOTICI YOU HAVI BBIN SUID 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 ar~ served, by entering a written appea~ance 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(s). You may lose money or property or other rights important to you. YOU SBOULD TAXI THIS PAPIR TO YOUR LAKlIkl AT ONCI. IP YOU DON'T HAYS A LAKYIR OR CANNOT AFPORD ONI, GO TO OR TILIPBONI TBI OPPICB 81T PORTH BILOW TO PIND OUT KHIRI YOU CAN OIT LIOAL BILP. COURT ADMINISTRATOR Pourth Ploor Cumberland County Court Bou.. On. Courthou.. Square Carli.le, PA 17013-3387 717-260-6200 NOTICIA LB BAN DBMAHDADO A USTID IN LA CORTI. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tornaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la poticion do demanda. Uated puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. IIDNA POLILLO, I IN TBI COURT or COMMON PLIAS Plaintiff I CUHlIRLAHD COUNTY, P."SYLVANIA I v I NO. I JIARIt .. SKIL'rON, I CIVIL ACTION - LAW D.f.adaat I COMPLAINT AND NOW, this 1. (. H, day of A "1 ,It , 1994, comes the Plaintiff, ZEDNA POLILLO, by her attorney, Richard F. Maffett, Jr., Esquire, and avers the following I 1. Plaintiff, ZEDNA POLILLO, is an adult individual residing at 226 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, MARK E. SKILTON, is an adult individual residing at 918 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The facts and occurrences hereinafter related took place on or about September 25, 1992 at the intersection of Williams Grove Road and Sinclair Road in Upper Allen Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, ZEDNA POLILLO, was the operator of her vehicle which was stopped in the northbound lane of Williams Grove Road, waiting to make a left turn onto Sinclair Road. 5. At that time and placet MARK E. SKILTON/ the defendant, was operating his vehicls north on williams Grove Road to the rear of the vehicle of the Plaintiff, ZEDNA POLILLO. 6. At that time and placet the Defendant collided with the rear of the Plaintiff's vehicle, as a result of which Plaintiff, ZEDNA POLILLO, suffered severe physical injury. 7. The collision and injuries upon which the within stated cause of action is based, were due to the negligence of MARK E. SKILTON, and were in no way caused by the negligence of the Plaintiff, ZEDNA POLILLO. 8. The collision and all of the injuries and damages hereinafter related are the direct result of the negligent, careless, wanton and reckless manner in which MARK E. SKILTON operated his vehicle as follows: (a) failing to comply with the Pa. Motor Vehicle Code, 75 Pa. C.S.A. 53361/ entitled Driving Vehicle at Safe Speedl (b) failing to properly observe the traffic, and acting without due regard for the safety, position, and welfare of the Plaintiff, ZEDNA POLILLO, in disregard of the rules of the road and the laws of Pennsylvania I (c) failing to maintain adequate control over his vehicle; 2 (d) failing to apply his brakes in time to avoid striking Plaintiff in disrogard of the rules of the road, and the laws of Pennsylvania, (e) failing to keep a proper lookout, (f) and in operating his vehicle at a rate of speed in excess of that which was reasonable and prudent, considering the roadway conditions at the time in question. 9. As a direct and proximate result of the aforesaid collision, Plaintiff, ZEDNA POLII,LO, suffered the following injuriesl (a) back sprain, (b) hyperextension-hyperflexion cervical s~rain-strain injury with associated cervical-brachial syndrome of the right upper extremity, and (c) torsion injury of the lumbar spine which induced a neuropathy of the right lower extremity. 10. As a result of the aforesaid injuries, the Plaintiff, ZEDNA POLILLO, has undergone, and in the future will undergo, great mental and physical pain and suffering and has been, and in the future will be, hindered in the pursuit of her daily activities, and claim is made therefor. 3 11. As a further result of this collision, the Plaintiff, ZBDNA POLILLO, has in the past, and may incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 12. As a further result of the aforesaid collision, the Plaintiff, ZEDNA POLILLO, has suffered permanent diminution of her ability to enjoy life and life's pleasures. 13. As a result of said injuries, Plaintiff, ZEDNA POLILLO, has suffered an impairment of her earning capacity and claim is made therefor. 14. As a direct and proximate result of this collision, the Plaintiff, ZEDNA POLILLO, has or may incur other financial expenses or losses which exceed the sum recoverable under the limitations and exclusions of the Pa. Motor Vehicle Financial Responsibility Law. WHEREFORE, Plaintiff demands judgment against Defendant, in an ~mount in excoss of Twenty Thousand ($20,000.00) Dollars, exclusive of interest and costs in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, k J: J!tJJ/4ij. Ricbard r. Maffet~!~r.,. .aq. 2201 Nortb Second Street Harriaburg, PA 17110 (717) 233-4160 4 ,..l ~ ":Ir' '.-, \, cm'I. ~ .-' , - .... -, , --; -.J ~ ~ " ....::::-- .......--- '.. . , ",. . ~ I ,'n ,. ' ..., ,J'.) 4 ",~ ' N'\ = ~ ~ tf') ~ "- (." N\ ,:> 4._ .... ~ -+ ~ "'" - ~~(~ I'('J , ...,.... ~ , ) , -- I. ~ . ~ "'0 i iJ!So 'I I . \0 ~ ~Hi~ ~.... II I ! a~ ~~ 8 g ~ ]i:jE It. . roi! 'E I u 0 ,~ iu .. i1 :::: . , ' , . . :'-'--.-. 7. The averments of Paragraph 7 constitute a conclusion of law to which no response is required, To the extent that a response is deemed required, each and every averment of Paragraph 7 is specifically denied and strict proof thereof is demanded at the time of trial. 8. The averments of ParagrHph 8 constitute a conclusion of law to which no response is required. To the extent that a reSponse is deemed required, each and every averment of Paragraph 8 is specifically denied and strict proof thereof is demanded at the time of trial. 9. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 9. Therefore, each and every averment of Paragraph 9 is specifically denied and strict proof thereof is demanded at the time of trial. 10. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 10. Therefore, each and every averment of Paragraph 10 is specifically denied and strict proof thereof is demanded at the time of trial. 11. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 11. Therefore, each and every averment of Paragraph 11 is specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 12. Therefore, each and every averment of Paragraph 12 is specifically denied and strict proof thereof is demanded at the time of trial. 13. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 13. Therefore, each and every averment of paragraph 13 is specifically denied and strict proof thereof is demanded at the time of trial. 14. After reasonable investigation, Defendant is without sufficient knowledge to form a belief as to the truth of the averments of Paragraph 14. Therefore, each and every averment of paragraph 14 is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant Mark E. skilton respectfully requests your Honorable Court to dismiss the Plaintiff's Complaint with prejudice. liP MATTER 15. Defendant believes and therefore avers that the Plaintiff's claims for non-pecuniary damages may be barred pursuant to the Pennsylvania Motor Vehicle Financial Responsibility Act. 16. Defendant believes and therefore avers that the Plaintiff's claims for wage loss and medical expenses may not be recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Act. OijIHC~ Wl) UUH UIUIMIAIiIJUl.Jd 'OmQ61Hl1H l8QJlS puo:JuG IlllON IOi!Z M11'1 A.UJOIIV 'l:Ir '.uad:.lVW ':.I Ol:lVHOll:l . . . " .. ., , ....or 0... Z O&:>: ~~ ~~ , ""....I ....1>- ... In ""..- Z il!l:E: Zffi ~... :i~ :z o . ~ In U~... In . ....- ....zgg....l Z ........ O~lId"l .... 0..... "':i 0 0'>- ....e t;;o f-U...,JZ ....I.~ ....I'" '" ...0 ....I..... "'''0 "'ffi :;:)0>...... ...e ~e S.... oz.....t- ....I'~ <nlli , UcCUU 0", '>- ..."" ....I or ...~ ....;~ 0 !:i!"'''' ... > ""0'1....1 ! ....~ ... ~ ,> '" z,:,o..... "" ~ .....uzu N -- L.i-' ... --. c.~:j ,.., -l' , c..r::; -c.:.. 'I ,I I , .." , ," 'I ''.t. 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