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Home My WebLink About96-03481 s... Q) ~ ~ qJ ~ ~ . ~ -.: " l3 ~" ~ <:s ~ J J ", " "" " ) / , I. 2. Plaintiff VERONICA VERA (d"o.b. 10-2-771 is presently an adult individual, the daughter of BARDARA WEAVeR who resided with her at the aforelJaid addroaa for all timea rehwant to this Complaint. At the date the incident giving riae to thia Complaint, Plaintiff VIRGINIA VEIU\ was Il minor. 3. Plaintiff VIRGINIA VERA (d.o.b. 1-0-01) wlla a minor (for all timea relevant to thie Complaint I and reaided with her mother BARBARA A. WEAVER at that aforesllid addreee. She presents thia Complaint by and through her mother BARBARA A. WEAVER. 4. Defendant 'l'IlOMAS E. ECIlELME'iER is an adult individual, and, upon knowledge and belief, for all times relevant to this Complaint resided at 010 Creek Road, Carlisle, Cumberland County, Pennaylvania. 5. The facta and occurrencea hereinafter related took place on September 20, 1995 in the parking lot of Big Spring Iligh School, Newville, (Wea t Pennsboro 'rownship) Cumberland County, Pennsylvania. 6. At the date and place, Plaintiff, BARBARA A. WEAVER, at approximately 3: 00 p. In., entered thf.l roadway and parking lot of Big Spring Iligh School to pick up her daughters Plaintiffa VIRGINIA and VERONICA VERA, atudents at that echool. 7. Plaintiff BARBARA A. WEAVER was driving a 1993 Ford Explorer which she co-owned with her husband. Plaintiff, VERONICA VERA sat in the front paaaenger seat and VIRGINIA VERA sat in the back seat after they were picked up by their mother. 2 o. AftFlr picking up her. children, BI\HBI\HA WEAVEH trav'elled to line of traffic at the otop eign which provideo egreea and ingreae from the high achool curtilage to the publio highway and atopped and moved forward ao the vehicleo in frc)I\t entered the public road. 9. Defendant 'l'IlOMAS ll. llClIllLMEYEH, at that time and place, was driving a 1990 Chevrolet S-10 truck in the same parking lot area of Big Spring High School. lie wae driving alone and wae not a atudent at the high achool. 10. Defendant 'l'HOMAB E. llCHllLMEYllH, at that time and place, approached the line of vehicles at the stop aign( but failed to atop and collided with the front of his vehicle abruptly and forcefully with the rear of Plaintiffs' vehicle, damaging both vehiclea. 11. The foregoing accident and all the injuries and damage a aet forth hereinafter austained by Plaintiffa above named are the direct and proximate reault of the negligent, careleoa, wanton and reckleaa manner in which Defendant THOMAS E. ECHELMEYER operated his motor vehicle as follows: a. failure to have his vehicle under ouch con~rol as to be able to stop within the aaaured clear dietance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles; c. operation of hia vehicle at an exceaaive rate of apeed under the circumstances; 3 include but are not limited to the following I a. Acute Cervical Sprain and strain, b. Exacerbationl Aggravation of degenerative cervical spine changes, c. Cerviobrachial syndrome, d. Persistent Headaches, e. Cervalgia: f. Upper Extremity 2ilateral Paresthesia, g. Exacerbation of Chronic Depressive Disor.der 14. By reason of the aforesaid injuries sustained by Plaintiff BARBARA A. WEAVER, she was forced to incur liability for medical treatment, medications, and miscellaneous expenses in an effort to restore herself to health and claim is made therefore. 15. Because of the nature of her aforesaid injuries Plaintiff BARBARA A. WEAVER has been advised and therefore avers that she may be forced to incur similar expenses in the future and claim is made therefor. 16. As a direct result of the aforesaid injuries Plaintiff BARBARA A. WEAVER has been and continues to be prevented from participating in the usual and customary activities of her daily life, hae suffered and continues to forebear pain and suffering, and has foregone and continues to forego a significant diminution of her life's pleasures and enjoyment and claim is made therefore. 5 17. As a direct result of the aforesaid injuries Plaintiff BARBARA A. WEAVER has been and in the future will be subject of great humiliation and embarrassment, and claim is mads therefore. 18. As a direot result of the aforesaid injuries, Plaintiff BARBARA A. WEAVER, was prevented from returning to gainful employment and sustained an uncompensated loss and olaim is made therefore. 19. Plaintiff BARBARA A. WEAVER continues to be plagued by persistent pain and limitation and therefore, avers that her injuriea may be of permanent nature, causing residual problems for remainder of her life time and claim is made therefore. WHEREFORE, Plaintiff BARBARA A. WEAVER demands judgment of Defendant THOMAS E. ESHELMAN in exceos of $20,000, which amount exceeds the limit of compulsory arbitration under the Local Rules of the Court of Common Pleas of Cumberland County, plus interest and costs of suit. COUNT II VIRGINIA VERA vs. THONAR E. ECHI!lLMEYER 20. The averments of paragraphs one (1) through nineteen (19) are incorporated herein by reference. 21. As a result of the aforedescribed collision, Plaintiff VIRGINIA VERA sustained painful and severe injuries which include but are not limited to the followingl a. Acute Cervical Strain and Sprain: 6 b. Severe shock to nerves and nervous system. 22. By reason of the aforesaid injuries sustained by plaintiff VIRGINIA VERA, she wae forced to incuL' liability for medioal treatment medications and miscellaneous expenscD in an effort to restore herself to health and olaim iB made therefore. 23. BeoaUBe of the nature of her aforesaid injuries, Plaintiff, VIHGINIA VEllA, has been advhed and therefore avers that she may be foroed to inour similar expenses in the future and claim is made therefor. 24. As a direct result of the aforesaid injuries Plaintiff VIRGINIA VERA hae been and continuee to be prevented from participating in the usual and customary activities of her daily life, has Buffered and continues to forebear pain and Buffering, and has foregone and continues to forego a significant diminution of her life's pleasuree and enjoyment and claim ie made therefor. 25. As a direct result of the aforesaid injuriee, Plaintiff, VIRGINIA VERA, hae been and in the future will be subject to great humiliation and embarraeement and claim is made therefor. WHEREFORE, Plaintiff VIRGINIA VERA demands judgment of Defendant THOMAS E. ESHELMAN in excese of $20,000, which amount exceeds the limit of compulsory arbitration under the Local Rules of the Court of Common Pleas of Cumberland County, plus interest and costs of suit. 7 ....... COUNT II I VERONICA VERA, a minor by and through BARBARA A. WEAVER, her mothwr v.. TIIOMAB E. ECHELMEYER . , " 1'1 26. The avorments of paragraphs one (11 through twenty-five (251 are incorporated heroin by reference. 27. As a result of the aforedescribod collision, Plaintiff VERONICA VERA sustained painful and severe injuries which include but are not limited to the followingl I' I , I I , a. Acute Cervical Strain and Sprain; b. Severe shock to Nerves and Nervous System. 28. By reason of the aforesaid injuries sustained by Minor Plaintiff, VERONICA VERA, she was forced to incur liability for medical treatment, medications, and miscellaneous expenses in an effort to restore herself to health and claim is made therefor. 29. Because of the nature of her aforesaid injuries Minor Plaintiff, VERONICA VERA, has been advised and therefor avers that she may be forced to incur similar expenses in the future and claim ie made therefor. 30. As a direct result of the aforesaid injuriee Minor Plaintiff VERONICA VERA has been and continues to be prevented from participating in the usual and customary activities of her daily life, has suffered and continues to forebear pain and suffering, and has foregone and continues to forego a significant diminution of her life's pleasures and enjoyment and claim is made therefore. i' B 31. As a direct result of the aforesa.ld injuriBs Minor Plaintiff, VERONICA VEIU\, has been and in the future will be Bubject of great humiliation and embarrassment, and claim iB made therefor. 32. Minor Plaintiff VERONICA VERA oontinues to be plagued by perBiBtent pain and limitation and therefore avere that her injuries may be of permanent nature, cauBing reBidual problemB for remainder of her lifetime and olaim iB made therefor. WIIEREFORE, Minor Plaintiff VERONICA VERA by and through her mother an.:! natural guardian BARBARA A. WEAVER demandB judgment of Defendant TIIOMAS E. ESIIELMAN in exceBS of $20,000, which amount exceB~ the limit of compulsory arbitration under the Looal rules of the Court of Common Pleas of Cumberland County, plue intereBt and cOBtB of suit. COUNT IV KENNARD R. WEAVER, JR. VB. THOMAS E. ECRELMEYER 33. The averments of the foregoing paragraphs one (1) through thirty-two (32) are incorporated herein by reference. 34. AB the reBult of the injurieB and damageB Buffered by his wHe BARBARA A. WEAVER, Plaintiff KENNARD R. WEAVER, JR. haB Buffered losBes of the income, BerviceB, society, and comfort of his BpOUBe. 9 '>-....: ":t ct -' 0 ~ ~ r- - r{ ~ \J; t.. ~. ..... ~: ('/, \ ~ ~( '~ ;f [r" . , 0 :-1. ;'t; 'i ~ (9 t' . -'-. ':;J 1,:, ~ ~ 1," , ; " tJ,:'"" r ,'I ~ ~ I, <' I_~- , t'::>,,- tj Ii. l rl , Q l.;\ '..J ", I, 'II i ill' - . 'J' I ' . ....V ) , ' ,.~ , (~'l ,"1 I L-,'" . , , ',I , , 'I.. I' ,-, U , I,' ,) ~ ~ a: m 0 ~ ~ g , m ~ It 0 ~ 6 ~~ .J . !( 0\ ~ i co ~ v ~ I 8 ~ ~ -I ~ >- . 0 VI Z · z ffi co z o ~ d z ~ ~ w .J ~ 0: a ~ ~ ~ ~ .; a: Z' 1 :J co . g ~ a: a: . I . 1."'1I'i1'0.'" \"In. \11 nl,n. 1M rUI" . ",~I". ')11' '.,,"'.l""''''"Uft'd.fll'l'IlO'-OIl.'NoI' "'It' "1" jl. . '-'1 , ,.. i .. \" .' r i' , . ( )1 j r. 1 , (, ! . 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