HomeMy WebLinkAbout94-07056
KICHABL J, HARZAR:1: , I IN THE COURT O~ COHMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVAN~
plaintiff I NO, '14 - 705ft, (lU}'~~ t.A-w'---'
I
v, I
I CIVIL ACTION - LAW
TINA HARU CHISK I
I
Defendant I JURY TRIAL DBKAHDED
NOTICE
YOU HAVE BEEN SUED 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 are served
by entering a written appearance 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. 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
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-33B7
Telephone No. (717) 240-6200
NOTICIA
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de la fecha de la
demanda y la n...tificacion. Usted de be presentar una apariencia
:
pennsylvania, and driven by Brian Maher of 639 Harrin Lane,
Enola, Cumberland County, pennsylvania.
5. That at the same time and place, the Defendant was
attempting to exit the driveway of Frysinger pontiac to enter and
cross into the west bound lanes of the Carlisle Pike, to travel
east.
6. This collision resulted solely from the negligence,
carelessness and recklessness of the Defendant herein and was due
in no part or manner whatsoever to any act or failure to act on
the part of the Plaintiff.
7. As a result of this collision, Plaintiff has suffered
serious and permanent injuries and scarring, including but not
limited to: multiple lacerations on his face, with multiple
fragments of embedded glass and foreign bodies in the left side
of his face, lacerations of the right mandible; a skin avulsion
of the posterior pinna of the right ear; an avulsion laceration
of the ulnar aspect of the distal right forearm; contusion of the
right knee; strain/sprain of the cervical thoracic and lumbar
spine; torn or partially torn tendon in his right thumb;
tenderness along the acromion process of his scapula; and along
the distal third clavicle.
8. As a result of this collision, Plaintiff has been and
may be obliged to undergo future medical treatment and care and
to continue to incur medical expenses for an indefinite time into
,
the future, with his current medical expenses exceeding
$2,000,00.
9. As a result of this collision, Plaintiff has suffered a
loss of his earnings April 19, 1994 through May 1, 1994, and may
suffer a future loss of earnings if additional medical treatment
is required.
10. Since Plaintiff was in the course of his employment at
the time of this collision, and since his medical expenses were
paid by the Workers Compensation insurance carrier, General
Accident, which also paid $198.15 towards his lost earnings,
Plaintiff under the Pennsylvania Workmen's compensation Act, (Act
44) as amended and effective on September 1, 1993, must satisfy
the subrogation interest of General Accident for payments made,
11. As a result of this collision, Plaintiff has suffered
severe physical pain, mental anguish and humiliation and
continues to suffer the same, as well as the loss of the ordinary
pleasures of life. Said pain, sUffering, anguish and humiliation
and loss of ordinary pleasure may continue for an indefinite
period of time into the future.
12. The above-described injuries and losses of the
Plaintiff were caused by the negligence of the Defendant, whose
negligence consisted of the following:
(a) operating her vehicle at an excessive rate of
speed under the circumstances;
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6-12. The averments of paragraphs 6 through 12 of the Complaint
are denied in accordance with Pennsylvania Rule of Civil Procedure
1029 (e) .
WHEREFORE, Defendant Tina Marie Chism demands that the
Complaint be dismissed and judgment entered in her favor and
against all parties without coat to her but together with such
costs, expenses and attorney's fees as authorized by law and which
the Court deems necessary, just and appropriate under the
circumstances.
NEW MATTER
13. Defendant incorporates her Answer to the Plaintiff's
Complaint as if set out in full,
14. Any damages to which the Plaintiff is entitled are to be
reduced, in whole or in part, in accordance with the Pennsylvania
Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. S1701, ~
~.
15. To the extent that any losses were paid or payable under
any group plan or other arrangement, S1722 of the Motor Vehicle
Financial Responsibility Law prohibits the Plaintiff from
recovering said amounts in this action.
WHEREFORE, Defendant Tina Marie Chism demands that the
Complaint be dismissed and judgment entered in her favor and
against all parties without cost to her but together with such
costs, expenses and attorney's fees as authorized by law and which
2
MICHAEL J, MARZARI, I IN THE COURT 01' COMMON PLEAS
I CUMBBRLAND COUNTY, PENNSYLVANIA
plaintiff I
I NO, 94-10511 civil Term
v, I
I CIVIL ACTION - LAW
TINA MARIE CHISM I
I
Defendant I JURY TRIAL DEMANDED
PLAINTIFI"S ANSWER TO NEW MATTBR 01'
DEFENDANT TINA MARIB CHISM
13. Plaintiff incorporates the allegations in his Complaint herein
as if set out in full.
14. Neither admitted nor denied. This is a conclusion of law to
which no response is required.
15. Neither admitted nor denied. This is a conclusion of law to
which no further response is required.
WHEREFORE, plaintiff, Michael Marzari, demands judgment against
Defendant, Tina Marie Chism, together with the cost, expenses, and
attorney fees as authorized by law as this court deems just, and
necessary under the circumstances.
Respectfully SUbmitted,
DIVEGLIA & KAYLOR, p.e.
-? /?'-?/(') ---
Dated: <-;;(.:. ~r >'.5
By:
cynthia A. Kaylor,
Attorney I.D. #5577
119 Locust Street
Harrisburg, pennsylvania 17101
(717) 236-5985
Attorney for Plaintiff
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PHONE: (717) 236alfl6
fAX: (717)231-o4Oll3
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MICHABL J. HJ\RZARI, I IN THB COURT OP COKMON PLEAS
I CUMBBRLAND COUNTY, PBNNSYLVANIA
plaintiff I NO. ql;-- 70570 &tJ-~~ .J~
I
V. I
I CIVIL ACTION - LAW
TINA HARlE CHISM I
I
Defendant I JURY TRIAL DEMANDED
NOT ICE
YOU HAVE BEEN SUED 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 are served
by entering a written appearance 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 \o"ithout 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 DELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
1RUE COPY fROM RECORD cumberland county Courthouse
In Ttlltllnony whereof. I here unto sel my handone Courthouse Square
MCl of COlI 1 Carlisle, ~. J. carlisle, PA 17013-3387
~ 1U!L-Telephone No. (717) 240-6200
N 0 TIC I A
Le han demand ado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
Pennsylvania, and driven by Brian Maher of 639 HDrrin Lane,
Enola, Cumberland County, Pennsylvania.
5. That at tha same time and place, the Defendant was
attempting to exit the driveway of Frysinger Pontiac to enter and
cross into the west bound lanes of the Carlisle pike, to travel
east.
6. This collision resulted solely from the negligence,
carelessness and recklessness of the Defendant herein and was due
in no part or manner whatsoever to any act or failure to act on
the part of the Plaintiff.
7. A. a r..ul~ ot this 0011i.ion, plaintitt ha. .uttered
serious and permanent injuries and scarring, including but not
limited to: multiple lacerations on his face, with multiple
fragments of embedded glass and foreign bodies in the left side
of his face, lacerations of the right mandible; a skin avulsion
of the posterior pinna of the right ear; an avulsion laceration
of the ulnar aspect of the distal right forearm; contusion of the
right knee; strain/sprain of the cervical thoracic and lumbar
spine; torn or partially torn tendon in his right thumb;
tenderness along the acromion process of his scapula; and along
the distal third clavicle.
8. As a result of this collision, Plaintiff has been and
may be obliged to undergo future medical treatment and care and
to continue to incur medical expenses for an indefinite time into
the future, with his current medical expellses exceeding
$2,000.00.
9. As a result of this collision, Plaintiff has suffered a
loss of his earnings April 19, 1994 through May 1, 1994, and may
suffer a future loss of earnings if additional medical treatment
is required.
10. Since Plaintiff was in the course of his employment at
the time of this collision, and since his medical expenses were
paid by the Workero compensation insurance carrier, Gener~l
Accident, which also paid $198.15 towards his lost earnings,
Plaintiff under the Pennsylvania Workmen's Compensation Act, (Act
44) as amended and effective on September 1, 1993, must satisfy
the subrogation interest of General Accident for payments made.
11. As a result of this collision, Plaintiff has suffered
severe physical pain, mental anguish and humiliation and
continues to suffer the same, as well as the loss of the ordinary
pleasures of life. Said pain, SUffering, anguish and humiliation
and loss of ordinary pleasure may continue for an indefinite
period of time into the future.
12. The above-described injuries and losses of the
Plaintiff were caused by the negligence of the Defendant, whose
negligence consisted of the following:
(a) Operating her vehicle at an excessive rate of
speed under the circumstances;
VERIFICATION
The foregoing Complaint is based upon information which has
been gathered by my counsel in the preparation of the lawsuit.
The language of the Complaint is that of counsel ,and not my own.
I have read the Complaint and to the extent that it is based upon
.
information which I have given to my counsel, it is true and
correot to the best of "'y knowledge, information and belief. To
the extent that the content is that of counsel, I have relied
, .
upon counsel in making this verification.
This statement and verification are made subject to the
penalties of Pa. C.S. section 4904 relating to unsworn
falsification to authorities, which provides that if I make
knowingly false averments, I may be subject to criminal
penalties.
Dated:
/ Z - /5 - 9'1
nuJt.J:iz In J
Michael J. rzari~
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PHONIi (717)"
FAX: (717) 231.4Oll3
.
q;iu~ and~ ~l?
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t It LOClJ8T I1'AEIT
~~YNM11101
ATTtlANEYll AT ~W
COpy
HICHAIIL J. HARZARI, I IN THE COURT or COMMON PLEAS
I CUKBIIRLAND COUNTY, PIINNSYLVANI~
plaintiff I NO. q I;- 7050 (!.L{,L~ Lu.-w--
I
v. I
I CIVIL ACTION - LAW
TINA HARIB CHISM I
I
Defendant I JURY TRIAL DEMANDED
NOT ICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims Bet forth in the following pages, you must take aotion
within twenty (20) days after this complaint and Notice are served
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objeotions 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 olaimed 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.
TRUE COPY FROM RECO~ Court Administrator
In TlAtIlnCillYwhereof. here unlo sel my Iianl(:umberland County Courthouse
;t\'ld .... of al Carlisle, fJ!./. One Courthouse square
:;')i5 ~ L 1a..=t:t-Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
NOT I C I A
Le han demandado a '.Isted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de la feoha de la
demanda y la notificacion. Usted de be presentar una apariencia
pennsylvania, and driven by Brian Maher of 639 Herrin Lane,
Enola, Cumberland County, Pennsylvania.
5. That at the same time and place, the Defendant was
attempting to exit the driveway of Frysinger pontiao to enter and
cross into the west bound lanes of the Carlisle pike, to travel
east.
6. This oollision resulted solely from the negligence,
carelessness and recklessness of the Defendant herein and was due
in no part or manner whatsoever to any act or failure to act on
the part of the Plaintiff.
7. As a result of this collision, Plaintiff has suffered
serious and permanent injuries and scarring, inoluding but not
limited to: multiple lacerations on his face, with multiple
fragments of embedded glass and foreign bodies in the left side
of his face, lacerations of the right mandible; a skin avulsion
of the posterior pinna of the right ear; an avulsion laceration
of the ulnar aspect of the distal right forearm; contusion of the
right knee; strain/sprain of the cervical thoracio and lumbar
spine; torn or partially torn tendon in his right thumb;
tenderness along the acromion process of his scapula; and along
the distal third clavicle.
B. As a result of this COllision, plaintiff has been and
may be obliged to undergo future medical treatment and care and
to oontinue to incur medical expenses for an indefinite time into
the future, with his current medical expenses exceeding
$2,000.00.
9. As a result of this collision, Plaintiff has suffered a
loss of his earnings April 19, 1994 through May 1, 1994, and may
suffer a future loss of earnings if additional medical treatment
is required.
10. Since Plaintiff was in the course of his employment at
the time of this collision, and sinoe his medical expenses were
paid by the Workers Compensation insurance carrier, General
Accident, which also paid $198.15 towards his lost earnings,
Plaintiff under the Pennsylvania Workmen's Compensation Act, (Aot
44) as amended and effective on September 1, 1993, must satisfy
the subrogation interest of General Accident for payments made.
11. As a result of this collision, Plaintiff has suffered
severe physioal pain, mental anguish and humiliation and
continues to suffer the same, as well as the loss of the ordinary
pleasures of life. Said pain, sUffering, anguish and humiliation
and loss of ordinary pleasure may continue for an indefinite
period of time into the future.
12. The above-described injuries and losses of the
plaintiff were caused by the negligence of the Defendant, whose
negligence consisted of the following:
(a) Operating her vehicle at an excessive rate of
speed under the ciroumstances;
MICHAEL J. HARZARI, I IN THE COURT OF COKHON PLEAS
I CUKBBRLAND COUNTY, PENNSYLVANIA
Plaintiff I
I NO. 94-7056 civil Term
v. I
I CIVIL ACTION - LAW
TINA MARIE CHISM, I
I
Defendant . JURY TRIAL DEMANDED
.
PRAECIPB
TO THE PROTHONOTARY:
Please discontinue the above-captioned matter. All claims of
the Plaintiff have been ~atisfied in full.
Dated:
/7--...1..g,Qr
By:
Arc
119 Locust street
Harrisburg, PA 1710
(717) 236-5985
Attorney for Plaintiff
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