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Home My WebLink About00-00336 1-- LESTER P. WILSON and SALLY J. WILSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STACY A. PATTERSON, Defendant NO. ~606 - aJ)., JURY TRIAL DEMANDED Cud ~~ vs. NOTICE TO DEFEND TO: Stacy A. Patterson 408 S. Enola Drive Enola, PA 17025-3009 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 reliefrequested by the Plaintiffs. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Document #: 166650.1 ~~ - , LESTER P. WILSON and SALLY 1. WILSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW NO. .2 o-vv _ 3.3G. ~ 1.-<-- STACY A. PATTERSON, Defendant JURY TRIAL DEMANDED CIVIL COMPLAINT 1. The Plaintiffs, Lester P. and Sally J. Wilson, husband and wife, are adult individuals residing at 7500 Molly Pitcher Highway, No. 32, Shippensburg, Franklin County, Pennsylvania 17257. 2. The Defendant, Stacy A. Patterson, is an adult individual residing at 408 S. Enola Drive, Enola, Cuniberland County, Pennsylvania 17025-3009. 3. On April 7, 1998, Plaintiff Lester P. Wilson was the operator of a 1992 Mack Truck with the permission of his employer Cumberland & Waste Services, Inc. which owned the truck. 4. On the aforesaid date, Defendant was the owner and operator of a 1990 Ford Escort. 5. On the aforesaid date at approximately 7:15 a.m., Plaintiff Lester P. Wilson was traveling southbound on Center Street with the right-of-way in East Pennsboro Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and date, Defendant operated her vehicle eastbound on Magaro Road approaching the intersection of Magaro Road and Center Street in East Pennsboro Township, Cumberland County, Pennsylvania. Document #: 166650.1 --"-".~ - 1- - . ,I 7. At the aforesaid time and place, Defendant failed to stop at a stop sign and unlawfully proceeded to travel into the intersection colliding with the vehicle operated by Plaintiff Lester P. Wilson. 8. Following impact, the vehicle operated by Plaintiff Lester P. Wilson was forced off the roadway and into a power pole, shearing off the pole and then into a tree coming to rest. 9. The collision occurred solely as a result of the negligence, carelessness and recklessness of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiffs. 10. Defendant owed a duty to other lawful users on the roadway in the Commonwealth of Pennsylvania to operate her vehicle in such a way as to not cause harm or damage to said other persons and to Plaintiffs in particular. 11. The negligence, carelessness and recklessness of the Defendant consist of the following: (a) Failing to stop at the stop sign (75 Pa.C.S.A. 93323); (b) Failing to yield the right -of-way to the vehicle Plaintiff Lester Wilson was operating (75 Pa.C.S.A. ~3323); (c) Moving a vehicle which is or may be stopped when it was unsafe to do so (75 Pa.C.S.A. ~3333); (d) Operating her vehicle in careless disregard for the safety of persons and property (75 Pa.C.S.A. ~3714); (e) Failing to obey traffic-control devices (75 Pa.C.S.A. ~3111); (1) Failing to have her vehicle under adequate control; (g) Failing to make reasonable and prudent observation of the conditions and circumstances then existing; -2- Document#;16665~1 lC ..~~~ k '--, (h) Failing to ensure the intersection was clear of traffic before she entered it; (i) Failing to operate her vehicle in a reasonable and prudent manner under the conditions and circumstances then existing; (j) Failing to be attentive to the conditions and circumstances then existing; (k) Failing to maintain a proper lookout for other traffic; (I) Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; and (m) Failing to observe the vehicle operated by Plaintiff Lester Wilson which was lawfully proceeding through the intersection. 12. As a direct and proximate result of the collision and the negligent, careless and reckless conduct of Defendant, Plaintiffs sustained personal injuries and damages as more fully set forth herein. COUNT I Plaintiff Lester P. Wilson v. Defendant 13. Paragraphs 1 through 12 hereof are incorporated herein by reference as if fully set forth. 14. As a direct and proximate result of the aforesaid collision and the negligent, careless and reckless conduct of the Defendant, Plaintiff Lester P. Wilson sustained, and in the future may sustain, serious and debilitating injuries, some of which are or may be permanent, an aggravation and/or exacerbation, and which include, but are not limited to, the following: (a) Trauma and injury to his neck and cervical spine; (b) Trauma and injury to his shoulders; - 3 - Document #: 166650.1 -_"I (c) Trauma and injury to his back; (d) Large herniated disc at L4-5 which required a left and right L4-5 disc removal, interbody fusion with bone dowel; (e) Disc injuries at L2-3 and L3-4; (f) Trauma and injury to his legs and knees; (g) Trauma and injury to his stomach; (h) Trauma and injury to his right wrist; (i) Trauma and injury to his right elbow; and G) Trauma and injury to his hip and tailbone. 15. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of the Defendant, Plaintiff Lester P. Wilson was forced to incur medical bills and expenses for the injuries he has suffered and will continue to incur medical expenses in the future. 16. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of the Defendant, Plaintiff Lester P. Wilson has suffered and will suffer a loss of earnings, possible permanent disability, impairment and/or loss of earning capacity and similar economic losses. 17. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of the Defendant, Plaintiff Lester P. Wilson has undergone and, in the future, wiIl unde~go great physical pain, mental pain, discomfort, inconvenience, distress, embarrassment, humiliation, loss of life's pleasures and a limitation in his pursuit of daily activities all to his great loss and detriment. -4- Document #; 166650.1 ~ ~~ 18. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of the Defendant, Plaintiff Lester P. Wilson has been scarred and disfigured. 19. As a direct and proximate result of the aforesaid collision, negligence, carelessness and recklessness of the Defendant, Plaintiff Lester P. Wilson has sustained incidental costs associated with his injuries including medication expenses. WHEREFORE, Plaintiff Lester P. Wilson demands judgment in his favor and against the Defendant for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest and/or damages for delay against Defendant as allowed by law. COUNT II Plaintiff Sally J. Wilson v. Defendant 20. Paragraphs 1 through 19 hereof are incorporated herein by reference as if fully set forth. 21. During all relevant times, Plaintiffs Lester P. and Sally J. Wilson were husband and wife and solely as a result of the collision, the aforesaid negligence, carelessness and recklessness of the Defendant and as a result of the injuries to Plaintiff Lester P. Wilson, the Plaintiff Sally J. Wilson has been deprived of the assistance, companionship, consortium and society of her husband and has lost his services to her all to her great loss and detriment which may continue indefinitely. - 5 - Document #: 166650.1 1& ~~ WHEREFORE, the Plaintiff Sally 1. Wilson demands judgment in her favor and against the Defendant for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County and demands costs, interest and/or damages for delay against Defendant as allowed by law. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: 1/1'-1/00 By: ~ ,--- Clark DeVere, Esquire Attorney J.D. No. 68768 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs -6- Document #: 166650.1 ,= , " i _. ~ -1 ,"" VERIFICATION I, Lester P. Wilson, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: 1/13/00 rI1QL: I V-~ / Lester P. Wilson Document #: 166650.1 , , VERIFICATION I, Sally J. Wilson, hereby certify that the following is correct: The facts set forth in the foregoing Civil Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Civil Complaint is that of counsel and not my own. I have read the Civil Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Civil Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Civil Complaint are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: (j13/0o ~ 0. tJ&~ SallyJ. ~n Document #: 166650.1 . ~I.. SHERIFF'S RETURN - REGULAR CASE NO: 2000-00336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON LESTER P ET AL VS PATTERSON STACY A KENNETH E. GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATTERSON STACY A the DEFENDANT , at 1515:00 HOURS, on the 26th day of January ,2000 at 408 S. ENOLA DRIVE ENOLA, PA 17025-3009 by handing to STACY A PATTERSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 So Answers: ~J?/ ,.,t:~~ R. Thomas Kline 01/27/2000 METZGER WICKERSHAM ,j-t.L~, ~'r cJ.-0tri) A.D. C)~I . Q. ~f~;A' ~ , rothonotary . Sworn and Subscribed to before By: me this .:l5~ day of ,;.~ J _;., '.r.' , . f / LESTER P. WILSON and SALLY 1. WILSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW vs. NO. 2000-336 STACY A. PATTERSON, Defendant mRY TRIAL DEMANDED PLAINTIFFS' PRAECIPE. TO DISCONTINUE Kindly mark the above action by Plaintiffs Lester P. and Sally J. Wilson discontinued. METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By: ~ fY' Clark De V ere, Esquire Attorney J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorney for Plaintiffs Dated: q / g /00 Document #: 182509.1 ,. . CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Praecipe to Discontinue with reference to the foregoing action by first class mail, postage prepaid, this ~ day o~ooo on the following: Stacy A. Patterson 408 S. EnolaDrive Enola, P A 17025-3009 Dale S. Douglas, Esquire DeFalice & Douglas, P.c. Suite 400, Two Chatham Center 112 Washington Place Pittsburgh,PA 15219 METZGER, WICKERSHAM,KNAUSS & ERB, P.C. ~ -~ Clark De V ere, Esquire Document #: 182509.1 ..' .'"' -- ..., <" ~ -....- ~'.. . -~ ~ <>1 8~- :::> z >-< ro. < H 0 >-< Z Z 0 "'< '" U <:> '" M m <>1...., ~ >-< '? ~ ....,>< OJ A 0 ~ ""'" ...., 4-l .u " '" ..... .~ z < 4-l l::l 0 ~ "- ~ " ZZ '" ..... ell H b ~ ~ ~ 0<>1 .u "d V10~ 1:: ~ O. V1~ ~"" "d l::l l::l <>1 ~ fri g ooOc l::l ..... . <1J "" 2 >< 2; 0; [j 0 ell ell Z4-l >-< "' 0 ,., ~ ~ U>< .... 0 <1J U "'co" _0.. H ~ "" "'A ~ t ,[j " ro.Z r:<: o 0 ~ ~0 0:::> '" <>1 Z 0.; P---<~ " 0 ...., H "" ~ '" .,. .n- HU '" >-< ~ ~ N " N " ~ " r:<: "" ~ M .n ~ :::> ~ "" "" '" " P.. 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