HomeMy WebLinkAbout95-03133
MORGAN & MOltGAN. 1',(',
IIY: scan W, MORGAN, ESQUIRE
IIlENTlFICATION NO, ~6721
12U SOUTII STREET
IIARRISIIURG.I'A 171U1.121U
(717) 236,79~9
A'1'ORNUYS FOR l'I.AINTII'I'
SANDRA BROWN IInd JACK
BROWN. h/w
753 Ironstone ROlld
New Cumberland, PA 17070,
Plaintiffs
IN TilE couln OF COMMON P1.EAS
CUMBER1.AND COUNTY. PENNA,
NO, 1~' u ~3 (/ I ~'t' { "J -t f'o^.-'
CIVIL ACTION. LAW
v.
GERALD HABECKER
5412 Lcgene Lane
Enola, PA 17025.
Defendalll
NOTICE
You have been sued In courl. 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 wrilten appearance personally or by allorney
and tiling in writing with the court your defenses or objections to the claims set forth against
you, You are warned Ihat 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 requl~sted by the plainliff. You may
losc money or propcrty or other rights important to you,
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT IIAVE A LAWYEll OR CANNOT AFFORD ONE, GO TO OR
TE1.EPIIONE TilE OFFICE SET FORTlIIIEI.OW TO FIND OUT WIIERE YOU CAN
GET I.EGA1. II ELI'.
Cumberland Counly ('ourt Adminislralor
Cumberland County Courthouse
One Courthouse Squarc. 4th Floor
Carlisle, PA 17013
(717) 1l97-1IJ71
MORGAN & MOIWAN. 1',('.
BY: SCOTI' W, MORGAN, ESQlllIW
IDENTIFICATION NO. 36721
120 SOUTH STIH:ET
IIARRISlllJIHl,!'A 17101.1210
(717) 236.7959
A'I1'ORNEYS FOR I)LAINTIFF
SANDRA BROWN IInd JACK
BROWN, h/w
753 Ironslone ROlld
New Cumberland. PA 17070,
Plaintiffs
IN TilE COllin OF COMMON PLEAS
ClJMIlEl{LAND COUNTY. PENNA,
NO. '/,'i 11 ~ j (.",i
.r,....'-
CIVIL ACTION - LAW
v.
GERALD IIADECKER
5412 Legene Lane
Enola. PA 17025,
Defendant
COMPUIN1'
1)lalnllffs, by and through Iheir allorJIeys, Morgan & Morgan. P.C,. hereby
complains against Defendant and avers as follows:
I. Plaintiffs arc husband IInd wife residing atlhe above address.
2. Defendant is an adult individual residing althe above address.
~. On or aboul June 26. 1993. ()efendunlopcraled his mol or vehicle In such a
manner as to slrike Ihe vehicle in which !'Iulnliffs were riding,
4. Collision was due 10 Ihe negligence IInd curclcssness of Defendant,
including hUI nol IinUled Ill:
A, FlIlling 10 keep II pmper lookout;
II, Falling to keep his vehicle under pmper cOllltllli
C. Truvcling utlln unsufe speck;
(), Failing 10 Slop his vehicle in the IIssured clear
dlslance ahead;
B, Slrlking Pluhllitfs' vehicle;
F. Fuiling 10 wllrn Pluil1liffs ,If emlnanl harm;
5. As a resuh of Ihe uccidel1l. Pllliutiffs suffered severe and disabling injuries.
Including bUI nOI limited 10 Injuries to Ihe nerves, bones. muscles. joll1ls and fascia. pain and
suffering and mel1lal and emotional distress, which are or IllIlY he conlinuing in nalure,
6. As a funher resuh of Ihe IIccidel1l, Plainliffs losl earnings and/or earning
capacity, incurrcd medical bills and expcnses for care IInd treallnenl, and havc losl life's
pleasures IInd a diminulion of their dally IIctivities, which arc or may be continuing In nature,
7, As a furlher result of the IIccidel1l, PllIil1liffs suffered damage 10 and loss of
usc of their automobile,
WllERBFORB, Plaintiffs demand judgmcnt ugalnsl Defendanl In an amoul1l III
excess of $25.000,00. exclusive of interest, costs and delay damages.
MORGAN & MORGAN, P.c.
hy
DATED:
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4,
The avennents contained In paragraph four (4) of the Plalntln's Complaint are spec\l1cally
denied, The Defendanl was exercising due care althe time of the acclden!. On the contrary, II
was the Plaintiff' who failed to use due care In the operalion of his aUlomobile. Under very poor
weather conditions. the Plain\ifi' appeared in the lane of travel directly in front of the Defendant
withoulgiving the Defendant time or sunicient warning to avoid Ihe accident.
5.
The Defendant is without knowledge or information suniclent to make an answer,
Therefore. the avernlents of facl contained in paragraph five (5) of the Plaintif1's Complaint are
denied and proof demanded,
6,
The Defendant is without knowledge or inforntation sunicient to make an answer,
Therefore, the avennents of fact contained in paragraph six (6) of the Plalntif1's Complalnl are
denied and proof demanded.
7,
The Defendant is without knowledge or Inforntation sumclenl to make an answer,
Therefore, the averments of fact contained in paragraph seven (7) of the Plalntlf1'l Complaint are
denied and proof demanded,
WIIEREI<'ORE, the defendant I requesllhat Ihe complainl of Ihe plaintiff be dllmll8ed
with prejudice.
f'/EW MA.....ER
AND NOW.lhll 10 day of July. 1995. comelthe Defendant and makes the followlnll
New Malter:
VEI1IFICA TIO~
The foregoing Answer With New Maller 10 Complain! Is based upon Infonnallon which
has been gathered by my counsel and myselfln Ihe preparalion oflhls document. The language of
Ihe Answer may in part be Ihe language of my counsel and not my own. 1 have read the
slatemenls made In this Answer and 10 the extent thaI they are based upon infonnation which 1
have given 10 my counsel, they are lrue and correct to the besl of my knowledge, infonnatlon and
belief. To Ihe extenlthat the contents of Ihe statements are Ihat of counsel, I have relied upon
counsel In makinglhis verification, I undersland that false statemcnls herein made are subject to
Ihe penalties of 18 Pa,C.S.A. Seclion 4904, relating 10 unsworn falsification 10 authorities.
-L
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Date: July j,). 1995
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