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Home My WebLink About96-00170 MARCIA KAY BECKER, Plaintiff v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I : NO. THOMAS E. BECKER, II, Adainstrator of the Estate of Tho.as E. Becker, Defendant I I I JURY TRIAL DEMANDED MO'1'ICIA La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expu.stas en las raginaS sU9nuientes, usted tiene viente (20) dias de plazo al part r de la fecha de la de.anda y la notificacion. Usted de be pres.ntar una apari.ncia escrita 0 en persona 0 por abogado y archivar en la corte en foraa escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte to.ara .edidas y puade entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Uated pu.de puder dinero 0 sua propiedade. 0 otros derechos importantes para usted. LLEVI ISTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator CUmberland County Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 MARCIA MAY BECKER, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ~HOKAS E. BECKER, II, A~in.trator of the Estate of Tho.a. Z. B.ck.r, D.f.ndant NO. JURY TRIAL DEMANDED COIIWLA:I.., 1. plaintiff Marcia Jl:ay Becker is an adult individual, citiz.n of the Ccmmonw.alth of Pennsylvania, who resid.s at 200 South 24th str..t, Ca.p Hill, cumberland county, Pennsylvania. 2. D.fendant Tho.as E. Becker, II, who r.sid.. at 32 sunfir. Av.nu., ca.p Hill, Cumberland county, son of Thoma. E. B.ck.r, d.ca...d, i. the Administrator of the Estat. of Thoma. E. Becker. 3. The f.ct. and occurrenc.. her.inaft.r r.lat.d took place on or about Novemb.r 6, 1994, at approximately 11129 a.m., on SR 2017 (Lisburn Road), Lower All.n TownShip, Cumberland county, P.nn.ylvania. 4. Prior to this accident, Thomas E. Becker and Marcia Kay Beck.r, husband and wif., were attending church at the Christian Life Assembly on Lisburn Road, cumberland county, Pennsylvania. 5. During the service, Defendant Thomas E. Becker became ill. Aft.r about an hour, Mr. Becker decided he needed to go home. 11294/CLN 6. At that time and place, Mr. Becker got into his 11119 Ford Taurus and Mrs. Becker accompanied him, sitting in the front passenger seat. 7. Mr. Becker had a history of chest pains and associated heart problems in the put and was currently taking medications for hypertension. Additionally, Hr. Becker had recently been diagnosed with prostrate cancer. I. Additionally, at that time, Mr. Becker had other significant stresses on his life, including forced, early retire.ent. 9. While traveling on Lisburn Road, Hr. Becker became increasingly ill and suffered a heart attack. 10. Iamediately thereafter, the vehicle that was being operated by Mr. Becker, left the roadway violently striking a tree stump. 11. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiff Marcia Kay Beckar are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Thomas E. Becker operated his motor vehicle ae folloWSl (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; failure to apply his brakes in sufficient time to avoid the accident; (b) 2 (c) (d) (e) (f) (g) (h) (i) failuro to travel at a safe speed; failure to take reasonable evasive action to avoid the accident; failure to keep proper and adequate control over his vehicle; drivinq his vehicle upon the hiqhway in a .anner endangerinq persons and property and in a reckless .anner with careless disregard to the riqhts and safety of others and in violation of the Motor Vehicle Code of the COllllllonwealth of Pennsylvania; negligently continuing to operate his vehicle in disregard of the safety of other persons when he knew or should have known that he might lose consciousness; neqligently continuing to operete his vehicle in disreqard of the safety of other persons when he knew or should have known that he was subject to sudden illness; and, operatinq a vehicle while impaired by a physical condition, which he knew or should have known would endanger other people. CLAIM I Marcia Kay Becker v. Thomas E. Becker, II, Admini.trator of the Estate of Thoma. E. Becker 12. Paraqraphs 1 though 11 of Plaintiffs' Complaint are incorporated herein by reference. 13. Plaintiff Marcia Kay Becker sustained painful and severe injuries which include but are not limited to, cardiac and respiratory arrest requiring the administration of CPR, fractures of the CI-C2 vertebrae requiring surgical fusion, multiple 3 fractures of the left rib cage, fracture of the left clavicle, fracture of the right clavicle requiring open reduction and internal fixation, and bilateral sixth nerve palsy resulting in crossed eye. and double vision. 14. By reason of the aforesaid injuries sustained by Plaintiff Marcia Kay Becker she was forced to incur liability for .edical treat.ant, .edications, hospitalizations and similar miscellaneous expense. in an effort to restore herself to health, and claim i. made therefor. 15. Because of the nature of her injuries, Plaintiff Narcia ~ay Becker ha. been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is .ade therefor. 16. A. a result of the aforementioned injuries, Plaintiff Marcia ~ay Becker has underqone and in the future will underqo qreat physical and mental pain and SUffering, qreat inconvenience in carryinq out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 17. A. a result of the aforementioned injuries, Plaintiff Marcia Kay Becker has .ustained work loss, loss of opportunity, and a per.anent diminution of her earning power and capacity, and claim is made therefor. 4 18. A. a r..ult of the afore.aid injuri.., Plaintiff Marcia Kay B.ck.r has .u.tain.d unco.p.n.at.d work 10.., and claim i. .ade th.r.for. 1'. As a r..ult of the afor..aid injuri.., Plaintiff Marcia Kay B.cker has b..n and in the future will b. .ubj.ct to qr.at huailiation and ..b.rra....nt, and claim i. .ad. th.r.for. 20. Plaintiff Marcia Kay Becker continu.. to b. plagu.d by p.r.istent pain and limitation and, therefor., avere that h.r injuri.. .ay b. of a p.r.an.nt natur., cau.ing r..idual probl..s for the r..ainder of h.r lifetim., and claim is made th.r.for. 21. As a re.ult of the aforem.ntioned injuri.., Plaintiff Marcia Kay B.ck.r ha. su.tain.d .carrinq which will r.sult in a p.rmanent disfiqur..ent, and claim i. .ad. ther.for. WHEREFORE, Plaintiff Marcia Kay Becker damand. jUdgment aqain.t D.f.ndant E.tat. of Tho.a. E. Beck.r in an a.ount in .xc... of Tw.nty-Fiv. Thou.and Dollar. ($25,000.00), .xclusiv. of int.r..t and co.t. and in .xc... of juri.dictional a.ount requirinq compulsory arbitration. ANGINO , ROVNER, .-- / Dat.l January 10, 1996 A. Sad ock, E.qu r. No. 47281 03 North~tront street Harri8bUXg, PA 17110 1~t1) 238-6791 Coun.el for Plaintiff VJJRIFlCATION I, MARCIA KAY BECKER, Plaintiff have read the foregoing PLAINTIFF'S COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made sUbject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. ~, ,lIld ss ~/M-":U~ ~) arcia Kay Bee r Datel ~#/(...;~ /9'7..5' 77493/MLM .' ,. MARCIA KAY BECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-170 CIVIL TERM v. THOMAS E. BECKER, II, Administrator of the Estate of Thomas E. Becker, Defendant JURY TRIAL DEMANDED .OTIC. '1'0 PLOD TOI Marcia Kay Beckar; and RICHARD A. SADLOCK, ESQUIRE, Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default jUdqment may be entered against you. WIX, WENGER & WEIDNER ~ l , ..11 '"\ .. "",' By tt""I - r:v. Ii/ _ ,- R card H. Wix, ~.D. 107274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated I February 29, 1996 . injuries as a result of the accident, which injuries are specifically set forth in the medical records relating to the Plaintiff, 14. It is admitted that the Plaintiff incurred medical expenses for treatment of her injuries, which expenses were paid entirely or in large amount by Plaintiff's auto or health insurance companies. Defendant is without knowledge as to what amount, if any, was paid by the plaintiff herself. 15. It is admitted that Plaintiff may incur expenses in the future, however, whether such expenses are recoverable in this action needs to be proved, and proof thereof is demanded. 16. It is admitted that the Plaintiff has undergone physical and mental pain and sUffering, as well as inconvenience in carrying out her daily activities and loss of life's pleasures and enjoyment, the extent of which is unknown, and proof thereof is demanded at the time of trial. 17, The Defendant admits that the Plaintiff may have sustained the items set forth in paragraph 17 of Plaintiff's Complaint, the extent of which is unknown, and proof thereof is demanded at the time of trial, 18. It is admitted that the Plaintiff may have sustained - 3 - . . uncompensated work loss, the extent of which is unknown, and proof thereof is demanded at the time of trial, 19. Defendant is without knowledge or inform~tion sufficient to form a belief as to whether or not the Plaintiff has been humiliated and embarrassed, and proof thereof is demanded at the time of trial. 20. It is admitted that Plaintiff continues to complain of pain; however, the remaining averments of paragraph 20 of Plaintiff's Complaint call for expert medical opinion, and proof thereof is demanded at the time of trial. 21. It is admitted that Plaintiff has sustained scarring; however, whether or not said scarring constitutes a permanent diSfigurement is unknown to the Defendant, and proof thereof is demanded at the time of trial. ... MaTT" 22. Plaintiff assumed the risk of injury in riding with the decedent, and accordingly, her claim is barred. 23. The Plaintiff was contributorily negligent, and her claim is barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. - 4 - .' " V.RII'ICA'l'IOM I, Richard H. Wix, state that I am counsel for the Defendant in this matter, and I verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that his statements therein are made sUbject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Q' ...A-. chard H. Wix ~,LJ ~ Dated I -1/ ;I." /9(, " " C..~II'ICa~. 01' ..RVIC. AND NOW, this ("J'~ day of a:. {,-t.<> #'7 ' 1996, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger' Weidner, attorneys for Defendant, hereby certify that I served the within Answer with New Matter this date by depositing a copy of same in the United states mail, postage prepaid, in Harrisburg, Pennsylvapia, addressed as follows: Richard A. Sadlock, Esquire Angino , Rovner, P. C. 4503 North Front street HarriSburg, PA 17110 (717) 238-6791 WIX, WENGER , WEIDNER c~:: wi~'-fIo: ~ Attorneys for Defendant 4705 Duke street HarriSburg, PA 17109-3099 (717) 652-8455 . " MARCIA KAY BECKER, I IN THE COURT or CONNON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . CIVIL ACTION - LAW . v. . . I THOMAS E. BECKER, II, NO. 96-170 Civil T.r. Adainstrator of the Estat. of . . Tho.a. E. B.ck.r, . . I D.f.ndant I JURY TRIAL DEMANDED ILalnl..'. ..PLY 1ft) ... llAMa AND NOW co... the Plaintiff, by and through h.r attorn.y., Angino , Rovn.r, P.c., and h.r.by .nt.r the following R.ply to the New Natt.r of D.f.ndant a. fOllow.1 22. D.f.ndant'. av.raant i. a conclu.ion of law to which no r..ponsi v. pl.ading is requir.d. To the .xtent the aV.rJI.nt .ay be d....d factual, it i. h.reby .p.cifically d.ni.d. By way of ..plification, Plaintiff did not a..ua. the ri.k of h.r injuri... Furth.r, Plaintiff was not neglig.nt or car.l.... All of Plaintiff'. injuri.. and d..ag.. are r.cov.rabl. in the in.tant .ction. 23. D.f.ndant'. av.rment i. a conclu.ion of law to which no r..ponsiv. pl.ading is required. To the .xtent the av.ra.nt .ay be d....d tactual, it i. h.r.by .p.cifically denied. By way of ..plification, a. pr.viou.ly indicat.d h.r.in, Plaintiff wa. not neglig.nt in any way. Ther.for., the P.nnsylvania Co.parativ. .7001/MLH .. VDIJ'IO&~IO. I, MARCIA KAY BECKER, Plaintiff have read the tonioini JLlI~I"" ..'LY to ... ..~.. and do swear or affirm that the facts .et forth in the foreioini are true and correct to the bast of .Y knovledie, intormation and beliet. I understand that thi. Verification 1& .ade subject to the penalUe. ot 18 Pa.c.s.A., Section 4904, relatini to unsworn falsification to authoritie.. ~,8J,~ es. ~~~,6ee-;('u Narc a Kay Bee Date. ~ 1) /.P?~ "4t3/HLII " C"~I.lca~. O. ...VIC. I, Marcy L. Moy.r, an e.ploy.e of the law fi~ of An9ino . Rovn.r, P.C., do h.reby certify that I aa this day .ervin9 a true and correct copy of PLAlnl..'. ..PLY '1'0 .n 1IA'1"l''' on the followin9 via postage prepaid, first class United states, requested addr....d as followsl RiChard H. Wix, Esquire Wix, Wen9.r . Weidner 4705 Duke street Harrisbur9, PA 17101-3091 'tlJv(Jj) o/;/'IJJ 1YJ?A Mar y L. yer oat.. March 8, I1g6 . MARCIA KAY BECKER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 96-170 CIVIL TERM . THOMAS E. BECKER, II, . CIVIL ACTION - LAW . Administrator of the Estate of Thomas E. Becker, JURY TRIAL DEMANDED Defendant . . .U.CIP. TO aT~aCB V"II'ICa~IO. TO THE PROTHONOTARY I Please attach the verification of Defendant Thomas E. Beeker, II, to Defendant's Answer with New Matter previously filed with the Court on March 1, 1996. Respectfully submitted, WIX, WENGER , WEIDNER BY~__~, )/, ~.-L7 ~:~ H. Wi~I.D. #07274 4705 Duke Street Harrisburg, PA 17109 (717) 652-8455 Dated I March 21, 1996 C"~II'ICAT. 01' ."VIC. AND NOW, this 21st day of March, 1996, I, Richard H. Wix, Esquire, of the firm of wix, Wenger' Weidner, hereby certify that I have served a copy of the Praecipe to Attach Verification on this date, by depositing a copy of the same in the United states mail, postage prepaid, in HarriSburg, Pennsylvania addressed as followSl Richard A. Sadlock, Esquire Angino Rovner 4503 North Front street Harrisburg, PA 17110 ":i l'l .-', ~ 'I \' L , I ,~ O;! i I , \1 , I WIX, WENGER , WEIDNER ~ ~ 1 ,.-( /-1. ~ ~~c~;;' H. W1X, I.D. #07274 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 BYl MARCIA KAY BECKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. THOMAS E, BECKER, II, Adminstrator of the Estate of Thomas E, Becker, NO. 96-170 Civil Term Defendant JURY TRIAL DEMANDED P R A . C I P . TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement, A. Sa 1 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: January 27, 1997 cc: Edward A. McMerty, III State Farm Insurance Company Claim No.: 38-7071-414 l06125/MLM , , I I,