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Home My WebLink About94-06608 ! 1 I I il ~ -j L. ~ l 1 J . . . . Commonwealth of Pennsylvania County of Cumberland JAMIE L. MJ'iER Court oC Conunoll Pi.... ..... No. _),~~!I-":.g~9.!L<';i-yj,LT!!JJ1'------.---- 19____ CHRISTINA A. N:GGLE 2308 Ritner Highway Carlisle, PA 17013 In __~~Yi-J._~~_~QQ_~__~~_____________________ To _ _Christina- A.. ..IIIoggle__ __ ____ - - - _. - n____ You are hereby no tined that ._----~~!~--~,-~~~-------------------------_._----------------------------------------------- the Plainlier h. s commenced an action in _nCiY.D-AcJ:iQo_=-_..Lakl._n________n__n______________ again.t you which you are required to deCend or a deCault judgment may be entered against you, (SEAL) .~~C~_J:L_~~~F__________________________ Prothonotary Date ___J::.lc!y~!"__~!Jm__m_____ 19_~_4.. By __~;t.1Xt.--K--&&,T-- ('~?:_m___ ! Deputy~- j ... .S . ~ l~ j ~ Po ... .-i I II ~ Vl .... . .-i I.< ~. ~ Ln~~ ~ 'I ...: .~ ~ co .", .~ j]~ii~ . ~ ..... ... I Ql Ul ]1 .~ ~ ~LnO~~ ~ o. .... ..., MP. - " . . r JAMIE L. MOYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. '11/- IPGOy C~ d--t.., vs. CHRISTINA A. NOGGLE, Defendant CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue writ of Summons. Defendant resides at 2308 Ritner Highway, carlisle, PA 17013. FRIEDMAN & HOCH, Charles E. F edman, ID#07175 305 North Front Street P.O. Box 885 Harrisburg, PA 17108 (717) 232-9925 Attorney for plaintiff Dated: November 17, 1994 5. At the aforesaid time and place, the said van was struck from behind by a vehicle owned and operated by Defendant, Christina A. Noggle, causing Plaintiff to sustain the injuries and damages hereinafter setforth. 6. The aforesaid collision and all of the injuries and damages sustained by Plaintiff, Jaime L. Moyer, are the direct result of negligent, careless and reckless manner in which Defendant, Christina A. Noggle, operated her vehicle as follows: a. In failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the highway; b. In failing to keep proper and adequate oontrol over the vehicle she was operating; c. In failing to apply her brakes in time to avoid striking the vehicle in which Plaintiff was a passenger; d. In driving at a speed exoessive under the circumstances; e. In failing to have her vehicle under such control as to be able to stop within the assured clear distance ahead; f. In driving her vehicle in a reckless manner and with careless disregard for the rights or safety of others. 7. As a direct and proximate result of the negligence of the Defendant, Christina A. Noggle, Plaintiff, Jaime L. Moyer, was thrown about in said vehicle therehy sustaining painful, severe and disabling injuries, including, but not limited to the - 2 - following: multiple cervical and lumbar subluxations and cervical strain resulting in severe headaches, weakness and nausea. Plaintiff has been advised and therefore avers that sow'~ of her injuries are permanent in nature. B. By reason of the aforesaid injuries sustained by the Plaintiff, she was forced to incur liability for medical treatment, medicine, physical therapy and similar expenses in an effort to restore herself to health, and because of the nature of said injuries, she has been advised, and therefore avers that she will be required to incur additional expenses in the future for medical treatment. Claim is therefore made for all medical expenses, both past and future, that exoeed the amount which will be recovered by the Plaintiff under 75 Pa.C.S.A. S1711. 9. As a result of said injuries, plaintiff, Jaime L. Moyer, has undergone and in the future will undergo great mental and physical pain, suffering and anguish, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment and claim is made therefor. 10. At the time of the aforesaid occurrence, Plaintiff did not own an automobile and was afforded insurance coverage under a policy issued to her father, Edward B. Moyer, under whioh he had elected the full tort option under section 1705(c) of the Motor Vehic~e Financial Responsibility Law, 75 Pa.C.S. S1705(c). - 3 - WHEREFORE, plaintiff, Jaime L. Moyer, demands judgment against the Defendant, Christina A. Noggle, in an amount in excess of Twenty Thousand Dollars ($20,000.00) and in excess of the jurisdictional amount for compulsory arbitration. FRIEDMAN & HOCH, P.C. By: Charles E. Fr edman, 1.0. 07175 305 North Front street P.O. Box BB5 Harrisburg, PA 17108-0885 (717) 232-9925 Attorney for Plaintiff - 4 - I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. ~ . ~ ~ ~"'"^ sv' Ja e L. Moyer ~ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1994-6608 civil Term JAIME L. MOYER, Plaintiff CHRISTINA A. NOGGLE, Defendant CIVIL ACTION - LAW Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this JI;f day of June, 1995, I, Charles E. Friedman, Attorney for Plaintiff, hereby certify that I have this day served the following person with a copy of the Complaint, by depositing sarna in the united States Mail, First Class postage prepaid, as follows: Christina A. Noggle 1111 ~rimrose Avenue Camp Hill, Pennsylvania 17011 man en en ;.. >- ~.:: I ; -,- :.1: en lJ'l ~: "~, fi..: \. -I IU: .r :',!: ~ m "'J ", '"' -'-J "'<1 , I."" .'-', ~ ." :'~ .' :;r.:. &;1... ,..; '"I ~ r. 0) - -. '. '::J -. '.' - I ~~ ~ ~~ eQj8~~~~ e~ ~:fi:!~ O~:!"-F=:'C_ Ct VJ = _ .. .0 ~Z~ ~C~e o (,J'" Q'" " , . 9$ .044 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp lIlli, Pennsylvania 17011 Tel2phone Nlimber: (717) 731-0988 Attorneys for Defendant VS. IN TIlE COURT OF COMMON PLEAS CUMUERLAND COUNTY, PENNA. NO. 94-6608 Civil Tenn JAIME L. MOYER, PLAINTIFF CIDUSTINA A. NOGGLE, NOW KNOWN AS CHRISTINA A. BECKER, DEFENDANT CIVIL ACTION . LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Admitted. 2. Denied. Defendant's name is now Christina A. Becker. She resides at 330 South Washington Street, Mechanicsburg, Pennsylvania, 17055. 3. Denied. The Defendant is without sufficient infonnation to fonn a belief as to the truth or veracity of the allegations contained in Paragraph 3; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant. 4. Denied. The Defendant is without sufficient infonnation to fonn a belief as to the truth or veracity of the allegations contained in Paragraph 4; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant. 5. Denied. The Defendant is without sufficient infonnation to fonn a belief as to the truth or veracity of the allegations contained in Paragraph 5; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant. 6. Denied. Paragraph 6. including subparagraphs therein. are conclusions of law to which no response is required. 7. Denied. The Defendant is without sufficient Infonnation to fonn a belief as to the troth or veracity of the allegations contained in Paragraph 7; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant. 8. Denied, The Defendant is without sufficient infonnation to fonn a belief as to the troth or veracity of the allegations contained in Paragraph 8; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant, 9, Denied. The Defendant is without sufficient infonnation to fonn a belief as to the troth or veracity of the allegations contained in Paragraph 9; therefore, said allegations are dr.nied with strict proof thereof being demanded at time of trial If relevant. 10, Denied. The Defendant is without sufficient infonnation to fonn a belief as to the troth or veracity of the allegations contained in Paragraph 10; therefore, said allegations are denied with strict proof thereof being demanded at time of trial if relevant. WHEREFORE, 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. NEW MATTER 11. Paragraphs I through 10 are incorporated herein by reference, and made a part hereof as if set forth in full. 12. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 13. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. 14. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted. IS. By her own actions, the Plaintiff did assume the risk of any and all injuries and/or damages allegedly suffered. 16. 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. 95.{)44 LAW OFFICES OF DONALD R. DORER 3907 Hartzdl/.le Drive, Suite 706 Camp HlII. Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant JAIME L. MOYER, PUINTIFF VS. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 94-6608 Civil Tenn CHRISTINA A. NOGGLE, NOW KNOWN AS CIIRISTlNA A. BECKER, DEFENDANT CIVIL ACTION - LAW JURy TRIAL DEMANDED VERIFICATION Jeffrey Baxter, Esquire, hereby states that he is attorney for the Defendant in this action, and Is authorized to verify that the statements made in the foregoing Answer of Defendant to Complaint with New Matter are true and correct to the best of his knowledge, infonnation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C,S.A. ~4904 relating to unsworn falsification to authorities. Dated: July 14. 1995 C- Ln en " ;:0....:: 'H.. ,I .. ., o ..... (Y) o' f,' t , ...... .... ." <;-1 ~s ~ ~~ e~~8~~~~ e~~~:li5E~ OQ~5-<:,t:._ St~=tI)=_.... :i~i ~cE~ 0.., i:i Q 95-044 LAW OmCES OF DONALD R. DORER Attorney for Defendant 3907 lIartzdale Drive, Suite 706 Camp 11111, PA 17011 Telephone No. (717) 731-0988 JAIME L. MOYER, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYL VANIA vs. DOCKET NO. 94-6608 Civil Tenn CHRISTINA A, NOGGLE, now known as CHRISTINA A. BECKER. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO TIlE PROTIlONOTARY: Kindly withdraw my appearance on behalf of the Defendant, Christina Noggle/Becker in the above-captioned matter, ENTRY OF APPEARANCE TO TIlE PROTIlONOTARY: Kindly enter my appearance on behalf of the Defendant, Christina Noggle/Becker in tho .b"~ptl"", m..." (]!J./l#L Donald R. Dorer, Esquire Anomey for Defendant Identification No. 39126 9.5-044 JAIME L. MOYER, Plaintiff vs. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PBNNSYLV ANIA DOCKET NO. 94-6608 Civil Tenn CHRISTINA A. NOGGLE, now known as CHRISTINA A. BECKER, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, EIlquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a lnte and correct copy of the attached Withdrawal of Appearance/Entry of Appearance to be served by regular first class mail upon: Charles E. Friedman, Esquire Friedman & Hoch, P.C. 305 North Front Street P.O. Box 885 Harrisburg, PA 17108-0885 " ./ 1 .'."} / // //7 / ;/ />"Z___- Donald R. Dorer, Esquire Attorney for Defendant September 25. 1995 Date