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Home My WebLink About94-05587 -d @ " " . '" 7 ~ 8 E.. ~ ,I I I I I J , >'! , , i , . C'- 00 \() lO' I (5:1 ) ~I ELMA H, MOORE and THOMAS J. MOORE, her husband, Plaintitts : IN THE COURT or COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA , . : CIVIL ACTION - LAW .." ./} NO, 14- S5S7 ('c~.~ v. JULIE A. BLACK, Detendant JURY TRIAL DEMANDED NOTICJl TO DEJ'ElfD You have been sued in court. It you wish to de tend against the claims set forth 1n the following pages, you must tak~ action within twenty (20) days aft.er this Complaint and Notice are Berved, by entering a written appearance personally or by attorney and tiling in writing with the Court your defenses or objections to the claims set torth against you. You are warned that it you tail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice tor any money claimed in the Complaint or for any other claim or reliet requested by the Plaintitf. 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 OF7ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator Cumberland County Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ELMA H. MOORE and THOMAS J, MOORE, her husband, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . , . plaintiffs CIVIL ACTION - LAW v. NO. JULIE A. BLACK, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. 5i usted quiere defenderse de estas demandas expuestas en las paqinas suqnuientes, usted tiene visnte (20) dias de plazo al partir de la feeha de la demanda y la notificac1on. Usted de be presentar una apariencia eserita 0 en persona 0 por aboqado y arehivar en la corte en forma escrite sus defensas 0 sus objeeiones alas demandas en contra de su persona. Sea avisado que si usted no ae defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notifieacion y por cualquier queja 0 alivio que es pedido en la petieion de demanda. Usted puede perder dinero 0 BUS propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMED1ATEMENTE. 51 NO TIENE ABOGADO 0 S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL 5ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OF1C1NA CUYA DIRECCION 5E ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEOE CONSEQUIR AS15TENC1A LEGAL. Court Administrator CUmberland County Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ELMA H. MOORE and THOMAS J. MOORE, her husband, Plaintifts IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW l I NO. I I v, JULIE A, BLACK, Defendant JURY TRIAL DEMANDED COM P L A I N T 1. Plaintitfs Elma H. Moore and Thomas J. Moore are wife and husband, adult individuals, citizens of the Commonwealth of Pennsylvania, who reside at 3355 Walnut street, Camp Hill, Cumberland county, Pennsylvania. 2. Defendant Julie A. Black is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 137 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. The tacts and occurrences hereinaeter related took place on or about February 18, 1994 in the parking lot of the Country Kitchen Restaurant, Camp Hill, cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Thomas J. Moore had parked his vehicle in the parking lot for country Kitchen Restaurant. Mrs. Moore was a right front seat passenger in the vehicle. 5. Plaintiff Elma H. Maore exited the vehicle and walk across the parking area to enter the restaurant. 5270a/CLN 6. Shortly thereafte~, Plaintiff Thomas J, Moore exited the vehicle and began to walk towards the Restaurant, 7. At that time and place, Defendant Julie A. Black was in her vehAcle intending to back her vehicle out of her parking space at the Country Kitchen Restaurant, Camp Hill, Cumberland County, Penneylvania. 8. Defendant Julie A. Black was parked alongside Plaintiffs' vehicle, 9, At that time and place, Defendant Julie A. Black operatl\ld her vehicle at a high rate of speed and, without first checking the parking area for the presence of any pedestrians, proceeded to back her vehicle out of the parking space. 10. At that time and place, Defendant Julie A. Black's vehicle violently collided with Plaintiff Elma H. Moore, knocking Mrs. Moore to the ground. 11. At that time and place, Defendant Julie A, Black continued backing her vehicle over Plaintiff Elma H. Moore with the vehicle eventually coming to a stop directly over Plaintiff Elma H. Moore, 12, Plaintiff Thomas J. Moore heard the loud noises from the gathering crowd, rushed to his wife, and found her injured ancl. lying beneath Defendant Julie A. Black's vehicle. 2 13. The fongoing accident and all of the injuri.. and damagee .et forth hereinafter sustained by Plaintiffe Elma H. Moore and Thomas J. Moore are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Julie A. Black operated her motor vehicle as follows: (a) failure to keep alert and maintain a proper watch for the presence of pedestrians; (b) failure to apply her brakes in sufficient time to avoid striking plaintiff Elma H. Moore; (c) failure to travel at a safe speed; (d) failure to keep a proper watch for traffic on the parking lot; (e) failure to take reasonable evasive action to avoid the accident; (f) failure to drive her vehicle with due regard for the traffic conditions and the presence of pedestrians which were existing and of which ehe was or should have been aware; (g) failure to keep proper and adequate control over her vehicle; (h) failure to yield the right-of-way to plaintiff Elma H. Moore; (i) failure to back a vehicle safely and without interferinq with other traffic or pedestrians; and (j) driving her vehicle upon the parking lot in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety ot others and in violation of the Motor Vehicle Code of the . Commonwealth of Pennsylvania. 3 CLAIM I Elma H. Moore v, Julie A, Black 14. Paragraphs 1 though 13 of Plaintiffs' Complaint are incorporated herein by reference. 15. Plaintiff Elma H. Moore sustained painful and severe injuries which include, but are not limited to, an impacted fracture of the neck of the left humerus, laceration above the left eye requiring stitches, head contusion, and multiple contusio~s and abrasions. 16, By reason of the aforesaid injuries sustained by Plaintiff Elma H, Moore ehe was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 17. Because of the nature of her injuries, Plaintiff Elma H, Moore has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 18. As a result of the aforementioned injuries, Plaintiff Elma H. Moore has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 4 19. A. a re.ult of the aforementioned injurie., Plaintiff Elma H, Moore was unable to care for her home and husband, and claim i. made therefor. 20. A. a result of the aforesaid injuries, Plaintiff Elma H. Moore has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 21. Plaintiff Elma H. Moore continues to be plagued by persistent pain and limitation 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. 22. As a result of the aforesaid accident, Plaintiff Elma H. Moore has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II Thomas J. Moore v. Julie A. Black 23, Paragraphs 1 through 22 of Plaintiffs' Complaint are incorporated herein by refe.ence. 24. As a result of the aforementioned injuries sustained by his wife, Plaintiff Elma H. Moore, Plaintiff Thomas J, Moore has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to hi. great detriment, and claim is made therefor. 5 WHEREFORE, Plaintiffu Elma H. Moore and Thomas J. Moore, her husband, demand judgment against Defendant Julie A, Black in an amount in excess of Twenty Thousand Dollars ($20,000.00) exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGIN char A. sadlock, Esquire 1.0. No. 47281 4503 North Front Street HarriSburg, PA 17110 (717) 238-6791 Counsel for plaintiffs Date: september 28, 1994 VUn:ICATIOH We, ILMA H, MOORE and THOMAS J. MOORE, Plaintiff., have read the foreqoinq l'LAIJlTII'1'8' COJCl'LA:I1I'l' and do swear or affirm that the facts set forth in the foregoinq are true and correut to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A" Section 4904, relatinq to unsworn falsification to authorities. ~fw1,V'J~ m,9ar-v W tness . ~.- ')?(4~ E ma H. Moore 1~',D 7Jlcr~ W tness ~.--.:J- ty-~ Thomas J. Moore Date, 7/ V"J/rr 52913/MLH .~-. ., ;:. .....)- ..., '"-:> . \ . -;:) "") ~ , \.0 ....::::::-- ,.\ . ::G <:-- o .... ?'3 "; ~ ~ -}, ~ '-' '0 rR Q. '= 1"- ~ ('<"l ~ - ~ N) ~~~ '\ .".. - , I C"() o\'l. I........i ., '...J IJ V) ''-----/ , . i 0 u ~ A: r:: . Iii ~ ;; cn;'Zi ... < I! - 9~g~ Z I- V>< ,.., Z II: a:'" . <> - o :z: CJ "-I -' V> ... < ~"li:~ ~ -' ~ -' >- ~ VI co 0. :SOOlD 0. V> .... '" ~ zz~ Z .... '0 -....0: ZZ :J: .~ co u c:l51~ 0"-1 I- . ... OJ ~ 0..", 0 '0 co .... ~" :z: w 'Cc .~ . OJ 0 co'" '" "" C L) >- < Z ",.0 ~ U I- -' < VI 0. < u-Z, :E: "-I::l -' o=> "-I '" .c CD 0 C o~ t-U~ . -' OQJ < "'0_ < :E:.c :::>ZI- - . w o<u '" :I: . . - u-'< I- u.J > -' II W::5...J >- ~g ::::> :J:",_ ,.., t- >.0:::: -'0 '-O::l "-I::E: Z:::>uZr"') _u i! . . ~.~ l\i .. --."",- , .J ..(~.\ ~~..... <.l, ~~~,.... .'."1' )d. SHERIfF'S RETURN C(Mo!()toMEAL'Jlj OF PENNSYLVANIA, CCUNTY OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5587 Civil Term Complaint in Civil Action Law and Notice to Defend Elma H. Moore and Thomas J. Moore, her husband VS Julie A. Black Robert L. Fink, Sr, , StaIUC~r Deputy Sheriff of Cunberland County, Pennsylvania, who being duly s"-Urn according to law, says, that he served the within Complaint in Civil Action Law and Notice to Defend upon Julie A. Black . , the defendant, at 3: In o'clock P .M. ~I EDST, en the day of 03 October , 19-EUat 137 Sherwood Drive. Carlisle , Cunberland County, Pennsylvania, by handing to Julie Black a true and attested copy of the Complaint in Civil Action Law and Notice DO Defend and at the sare time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's CostSI Docketing Service Affidavit Surcharge 14.00 3,92 So answers I ~9?,-~~~ 2.00 19.92 Pd. by Atty. 10-04-94 R. Thanas Kline, Sheriff bY~~-ZY~ Deputy Sheriff Sworn and subscribed to before roo this lJ!L day of (/',-r..t..- 1'1 :;'f A.D. "---/iL'1L~ Q, H~c.~, ~"7' Prothonotary """ . THOMAS, THOMAS 8. HAFER Jeffrey B. Rettig, Esquire 305 North Front SU.et P.O. Box 999 Harrisburg, PA 17108-0999 1717) 255-7639. 1717) 237-7105 IFill) I.D. No. 19618 Attorney for Defendant ELMA H. MOORE and THOMAS J. MOORE, her Husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. 94-5587 CIVIL TERM JULIE A. BLACK, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE To: Lawrence E. Welker, Prothonotary Cumberland County Court of Common Pleas Please enter the appearance of the undersigned on behalf of DEFENDANT, JULIE A. BLACK in the above-captioned action. THOMAS, THOMAS 8. HAFER 17108-0999 Date: October 18, 1994 CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE of the law firm of THOMAS, THOMAS, . HAFER, do certify that I served the foregoing document on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Richard A, Sadlock, Esquire Anglno. Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS. HAFER Date: October 18, 1994 -.;r c'"' - " , ........J :~ ~ q ~) ~~ ~ ~ ~ (I ~ 3 ,. ~ :: ~ e t;! I ~~:!~~; I ~ ~ J: e ~ ~ - . l'HOMA" ~ a HAR1I .." _~ .. ""/If. &quIr. IDIN""""~""" 1111'11 .....,. "., ,... 1'-.0. IN ... ~ Ail tIt"" ,/1'1 J..'" A_ "" ..,...., ELMA H, MOORE and THOMAS J. MOORE, her husband, Plaintiffs, IN THB COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. CIVIL ACTION. LAW No.: 94 Civil "81 v. JULIE A. BLACK, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their counsel, Richard Sad1ock, Esquire YOU ARE HEREBY NanFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MA ITER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU, TlIOMAS, TlIOMAS lie: IIAFER DATE: 1!2-f9( P.O, Box 999 3~ North Front Street Harrisburg, PA 11108-0999 (711) 2"-7639 Attorneys for Defendant 1HOIIM. ~. HAR1f n, .-., .. ".ttIf1. """"" ",_.-ItOo, 'H'~ .aM,.,."...,....... fJ.Q. ... ... ,....,..... "" III"'" 1111, J...'" Altom.,. frN _don' ELMA H. MOORE and THOMAS J. MOORE, her husband, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. CIVIL ACTION - LAW No.: 94 Civil 5581 v. JULIE A. BLACK, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MAITER 1-3. Admitted. 4. Denied as stated, To the contrary, Plaintiff Thomas Moore had dropped off his wire before parking hi, vehicle in the parking lot. S. Denied as stated. Plaintiff Elma Moore had exited the vehicle and was standing behind Defendant's vehicle, which was running at the time, 6. Denied as stated. Plaintiff Thomas Moore exited his vehicle after he had had his wife exit the vehicle and after he parked his vehicle next to Defendant's vehicle. 1. Admitted. 8. Denied as stated. Plaintiff, Thomas Moore, parked his vehicle alongside Defendant's vehicle. 9-14, Denied pursuant to Pennsylvania Rule of Civil Procedure 1029. CLAIM I ELMA M. MOORE Y. JULIE A, BLACK IS. The Answers to paragraphs 1 through 14 above are incorporated herein by reference thereto. 16-22. Denied pursuant to Pennsylvania Rule of Civil Procedure 1029. CLAIM II THOMAS J. MOORE Y. JULIE A. BLACK 23. The Answers to paragraphs I through 22 above are incorporated herein by reference thereto. 24. Denied pursuant Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Defendant requests that Plaintiffs' Complaint be dismissed without cost to her. NEW MATTER 2S. Plaintiffs' claim is subject to the provisions of the Pennsylvania Financial Responsibility Act, the limitations of which are incorporated herein by reference thereto. 26. If Plaintiff did not have full tort option, then this claim is barred by the provisions of the Financial Responsibility Act. i In: WHEREFORE, Defendant requests that Plaintiffs' Complaint be dismiMed without cost 10 her. Respectfully submitted, TIlOMAS, TIlOMAS & HAFER DATE: 1/~1'11 I f y B. Rettig, Esqu' I. . #19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639 Attorneys for Defendant Moo," v, BI..klJBR VERIFICATION I, Julic Black, hereby vcrify that the statements made in the foregoing Answcr with New Matter are true and ::orrectto the best of my knowledge, information, and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa,C,S. Section 4904 relating to unsworn falsification to aUlhorities, DATE:~ 1\Jff\\~,L dd\II1CIY .~ CW'l .. ad.------ JU BLA , CERTInCATE OF SERVICE I, JEFFREY B. RETrIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Answer with New Matter, on the following person(s) by placing same in the United States mail, postage prepaid, on the ~ day of /VtrV Richard Sadlock, Esquire Angino &. Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 mOMAS, mOMAS " HAFER By: ,1994: ":r ~ - . - - ...~ ." .. . .~ .'.~ " 'f .,1 ,~., ~ .-t -:r .,..., 1.,J "" ~ ~ ~ ~ ~ 11 ~ ~'il 0; It ~ . '. . .' , ELMA H. MOOD and THOMAS J. . IN TIm COURT or COMMON PLEAS MOORE, her husband., . CUMBERLAND COUNTY, PENNSYLVANIA . plaintitts . CIVIL ACTION - LAW . v. . NO, 94-5587 civil Tera . JULIE A. BLAClC , . I Detendant . JURY TRIAL DEMANDED . PLAIIl'1'IrJ'S' REPLY '1'0 !fBW MATTO 25. Detendant's averment is a conclusion ot law to whicb no responsive pleading is required. To the extent the averment uy be deemed tactual, it is hereby specifically denied, By way ot amplitication, all of Plaintiffs' injuries and damages are recoverable in the instant action, The Pennsylvania Motor Vebicle Financial Responsibility Law in no way limits the damaqes Plaintifts may recover bereln. 26, Defendant's averment is a conclusion ot law to whicb no responsive pleading is required. To the extent the averment uy be deemed factual, it is bereby specifically denied. By way ot amplification, the Plaintiffs did have tbe tull tort option at the time of the accident. 57613,'HLH , VDIYICA'l'IO. W., ILMA H. MOORE and THOMAS J, MOORE, Plaintitt., have raad the toregoing I'UIJI'1'IJ'J'8' .B:PLY '1'0 ... IUo'1"l'D and do .wear or affirm that the tact. set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We under.tand that thi. Verification i. mad. .ubject to the penaltie. of 18 Pa.C.S.A., section 4904, relating to unsworn falsification to authorities. ;Crd ij-/4 Witness (99 Elma H. - ~ ~~e3 ~ Moore ~d~JZ Witness C\(L =~ ~~?= Thomas J, ore" Date: ~, S; In-{- 52913/11IJ( 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 ) 'or JURY trial at the next term 0' civil courl. ..., " '" ,,~ - c:, __.. ~..,. .--- ___a..._...~_._.__._______.______. .., ~_..-. T'-\ , ",.~; '.n .,,' ) lor trial without a jury, CAPTION OF CASE (enUre caption must be stated In lull) w -:,:::.r. ,.> '....:.;) 1 -~ N 7.:.~,,6 ~ ... J~_':~~ -0 .. - -t =-= ,c,. -'", 1.< (check one) Assumpsit ELMA H. MOORE and THOMAS J. MOORE, her husband, . ~ Trespass ( X) Trespa~s (Motor Vehicle) (PlalnUff) (other) vs. .. The trial list will be called on Apr iT 18, 1995 JULIE A. BLACK (Defendant) and Trials commence on May 15, 1995 Pretrials will be held on Apri 1 26, 1995 (Brie's are due 5 days belore pretrials,) vs. (The pa;ty listing this case 'or trial shall provide 'orthwith a copy 0' the praecipe to all counsel, pursuant to local Rule 214.1.) No. 94-5587 Civil 19__ Indicate the allorney who will try case 'or lhe party who Illes this praecipe: Ri chard A. Sadl oCk, Esquire. Angino & Rovner, P.C., 4503 N. Front Street. Harrisburg. PA 17110 Indicate trial counsellor other parUes If known: Jeffrey B. Rett ~qui re. Thomas, Thomas & Hafer, 305 N. Front Stre~t. P.O. Box 999. Harrisburq. PA 1710B-P999 This case Is ready lor trial. -~ ---? RIchard A, sad~ Esquirt> ~ Signed: Print Name: Dale: Febru.JrY 22. 1995 P1Jinti ffs Allorney lor: plaintiffs : IN TH! COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ELMA H. MOORE and THOMAS J. MOORE, her husband, . . v. : NO, 94-5587 Civil Term JULIE A. BLACK, . . . . . . Defendant : JURY TRIAL DEMANDED P R A II C I P E TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a certificate of Settlement. ard A. Sa re I 1 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: May 22, 1995 cc: Jeffrey B. Rettig, Esquire 6866S/MLll