The URL can be used to link to this page

Home My WebLink About00-01205 DARREN B. GUTSHALL and DOROTHY K. GUTSHALL, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, .zeeo DO - I:<OY C~{ ~ Plaintiffs v. : CIVIL ACTION - LAW nJAN MInCA and EAST WIND TRUCKING, Defendant : JURY TRIAL DEMANDED NOTICE - COMPLAINT 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, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado yarchivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO IlENE ABOGADO 0 SI NO IlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 (717) 249-3166 I j~-,y~,-,- -~-" ~ --~-=~ """'- , "r ^"~ - ~- -- ,- - ~ ., -," " - DARRENB.GUTSHALL~d DOROTHY K, GUTSHALL, Husb~d ~d Wife, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 2000 - /O&o'/' 02J f~ v. CIVIL ACTION - LAW JUAN MInCA ~d EAST WIND TRUCKING, Defend~t : JURY TRIAL DEMANDED COMPLAINT I. The Plaintiffs, Darren Gutshall ~d Dorothy Gutshall, are adult individuals who reside at 7 Garl~d Court, Carlisle, Cumber1~d County, Pennsylv~ia, 17013-4443. 2, The Defend~t, Juan Mijica, is ~ adult individual who resides at 537 E Jersey Street, Elizabeth, New Jersey. 3. The Defend~t East Wind Trucking is a corporation with a corporate address of P.O. Box 779, Elizabeth, New Jersey, 07207, BACKGROUND 4. On March 24, 1998, a Tuesday at approximately 7:35 a.m. the Plaintiff Darren Gutshall was driving his 1985 Oldsmobile automobile, "!""" ",~-~_,~_ 'I~~__ __"'~" __ __c_.,_~_ _ ~ __ ...,. ,~- __ 5. On that same date the Defendant Juan Mijica was operating an 18-Wheel Peterbilt tractor trailer which was owned by the Defendant East Wind Trucking and which was provided to the Defendant Juan Mijica for his use while conducting East Wind's business. 6. The Plaintiff Darren Gutshall was traveling north on Route 81 approximately one mile north of the High Street Exit for Route 81. The Plaintiff Darren Gutshall moved from the right lane to the left lane because of road construction on the right side, 7, The cars immediately ahead of the Plaintiff Darren Gutshall slowed down and had their brake lights on, thus causing the Plaintiff Darren Gutshall to brake his car and bring it to a gradual stop. 8. The DefendantJuan Mijica was also traveling north on Route 81 while driving the Peterbilt tractor trailer and was to the rear of the Plaintiff Darren Gutshall, 9. Without regard to the Plaintiff Darren Gutshall's automobile which was lawfully stopped on Route 81, the Defendant Juan Mijica drove the Peterbilt truck owned by East Wind Trucking into the rear of Darren Gutshall's automobile. 10. The force of the impact pushed Darren Gutshall's car at least three car lengths, causing it to strike the car immediately ahead of it. " I '. ~- ",~"~__C -"~"-_"'-'-,- '" ;-,"',,~'" . . '--'-~ -~~ '~'"-~'. , ~ ... --- - " 11. At all times relevant to the causes of action stated in this Complaint, the Defendant Juan Mijica was about the business of, or was the employee or agent of, the Defendant East Wind Trucking. COUNT I Darren Gutshall v. Juan Mijica & East Wind Trucking 12. The impact of the collision caused the Plaintiff Darren Gutshall to move violently back in his car, breaking the seat back, and then to go forward. On the recoil, both of the Plaintiff Darren Gutshall's knees went into the dash and his head hit the steering wheel. The back window glass exploded, propelling glass throughout the car. Mr. Gutshall's chest, shoulder and upper arms impacted the steering wheel. 13. A second impact occurred when Mr. Gutshall's car was pushed into the vehicle in front of him. There was a third impact when the Peterbilt tractor trailer driven by Juan Mijica and owned by East Wind Trucking struck the Gutshall car a second time. 14. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Darren Gutshall are the direct result ofthe carelessness, recklessness and negligence of the Defendant Juan Mijica and his principal/employer East Wind Trucking as more particularly described below. ;! "'_'CO' 'I','_._,~.,^_ ,..,~~_^o~_ ~___"' _,~__" ._~'.' .. - '_om 'I" _'" ""'.~.~,_ ." '" .,0,"_ ,~ a.) In failing to stop his vehicle before colliding with the vehicle in which the Plaintiff Darren Gutshall was driving. b.) in failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff Darren Gutshall's vehicle. c.) In failing to keep adequate and proper control over his vehicle to avoid contact with the automobile which the Plaintiff Darren Gutshall was driving. d.) In operating his vehicle in a reckless manner and with careless disregard for the rights or safety of others and in operating his vehicle in a manner endangering persons and property in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. g331O, by following too closely to the car ahead of his truck, namely the car driven by Darren Gutshall. e.) In failing to properly and quickly apply his brakes to prevent the truck he was driving from colliding with the rear of the vehicle which the Plaintiff Darren Gutshall was driving. C_,. ,,' ", ..c_ =,___^,_, '..,~. ", - ,~ , -- - 'H.'7'. - - '-,",<-<^-_" _ " ,~,_ '>0 ,,' ._ _, ,;'." ",-. .. < ,,_ - '->~ - "'= .. ~, I , I , ~ , , 1 II , 1 ii , :1 1 II I' '"1"- 15. The force and impact of the collision as caused by the negligence of the Defendants Juan Mijica and East Wind Trucking caused serious and permanent injury to the Plaintiff Darren Gutshall for which he has received medical and chiropractic care. 16. The Plaintiff Darren Gutshall suffered the following injuries as a result of the negligence of the Defendants: (a) Myofacial Pain Disorder; (b) Herniated discs at L4-L5 and L5-S1 and a bulging disc at L3-4. (c) Persistent and continuous low back pain; (d) Persistent and continuous neck pain; (e) Occassional numbness radiating down the spine to the legs. (f) Headaches; (g) Fatigue; (h) Loss of Sleep; (i) Sexual dysfunction which has been aggravated upon information and belief by the injuries sustained in the crash; G) Bowel problems which upon information and belief were caused by the crash. (k) A greater susceptibility to spinal injury; (I) Acceleration of degenerative changes in lower spine; '--..-< " ., * ~-". ,-,,-~ <,., "~- " _',_ N -__~= "_ , ~ _, H ~ .' (m) Limitation in range of motion; and (n) General loss of strength; 17. As a result of the negligence of the Defendants Juan Mijica and East Wind Trucking as described herein, the Plaintiff Darren Gutshall has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 18. Plaintiff Darren Gutshall has and will in the future sustain a loss of earnings and an impairment to his earning capacity. 19. Plaintiff Darren Gutshall has been forced to expend sums of money for 1" medical services, medication and therapy in the past and will be required to continue to do so in the future. ),' i. 20. All of Plaintiff Darren Gutshall's injuries as herein described are continuing z ,;: and will continue into the foreseeable future, as will the treatment costs thereof. 21. The negligence of the Defendants Juan Mijica and East Wind Trucking has resulted in the general deterioration of Plaintiff Darren Gutshall's well-being. ~'i '_ 1- ,- ",,,~,,_,_~o_"d'""_ "'_; '.~ _'"'_~ _, ,__, ,_.' ,",__'.^,_,O._,' "n. "- , Ij ~! ~I ~! UI :i1 ~I ~ "I "I ~' ':' lj " ; j/ ',/__'C ~,_',_71 WHEREFORE, the Plaintiff Darren Gutshall demands judgment against the Defendants Juan Mijica and East Wind Trucking in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. COUNT II Dorothy Gutshall v. Juan Mijica and East Wind Trucking 22. Paragraphs 1-21 are incorporated herein by reference thereto. 23. The Plaintiff Darren Gutshall is married to the Plaintiff Dorothy Gutshall and was so at the time of the incident described above. 24. The Plaintiffs Darren Gutshall and Dorothy Gutshall have resided together since before and after the crash described above. 25. By reason of the aforesaid injuries to her husband, Dorothy Gutshall has been and will in the future be deprived of the assistance, society and companionship of her husband. WHEREFORE, Plaintiff Dorothy Gutshall demands judgment against the Defendants Juan Mijica and East Wind Trucking in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. , ,"~ __". _0._<' _ ... _~.,_ ,. __ ","" " ..,,,~_ 0,,-. _ ~__ "~". _.. _~ :':1'. ; ~ ;;1 ~; I ~ ! f' I! \1 " 'I' .l.'..' ~ '.'1.' ; ~ :....1'.. :;: I " 'I' ,:1 , Ii '..11.' , :i ;11 ....1'.' , ~ I ;1 l' ~! ;,1. Date: Respectfully submitted, .3/ '/00 By ROBERT. ARA VAL, ESQUIRE 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108-1933 (717) 233-4780 Supreme Court ID# 19222 Attorneys for Plaintiffs 1 1 I -~ ! tl J '1 1 j 1 ] I ~-, " -"-~~ . VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon infonnation that 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 foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. - 1 )...~') Darren Gutshall -~=-~--". -~ ~~. - ^"". --- ~ - "--" ~- '-~,' "' -~ -" .. ~---~ _ c, ~ OM - ' ~~ " -,., -~ t >- .:r ~ ~;j - ~ 0; ~ ....... "". ., - te- O.::!: . .lJ"l.~ N I ~ ~ 95 ::c (.)~ ~ <J ~ 0- ;>; !"&'-:r: 052 IJ~ f=: () 90 N Zoo ~11 C)f~': I 5z . ~ ~ uli:;- 'x:z ~ ~l'''' 0::: '!J~ tJ:s ...: ro, ::j \J~ ~ :IC :2 ~ C) :::> t>,- o (.) I 1 ~ ~ I m ~ l- E ~ -< ~ ::l itl z '" :;: ~ ~ , ~ m in z ~ " 0 ~ I- ~ I "' X Q. >- "' Z '" N t{) '" g " Z ~ " Z " '" '" ~ ~ 0 Q. I- ~ 0 ~ - ~ ~ ci .. ~ ~ ~ " ill ~ ~ -< " . . J SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 20,00-01204 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUTS}lALL DARREN B ET AL VS. MIJICA JUAN ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,MIJICA JUAN by United States Certified Mail postage prepaid, on the 6th day of March ,2000 at 0008:00 HOURS, at 537 E JERSEY STREET ELIZABETH, NJ 17207 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by JUAN MIJICA 03/08/2000 on Additional Comments: Sheriff's Costs: Docketing CERT MAIL Affidavit Surcharge 18.00 4.79 .00 10.00 .00 32.79 2~ '. Thomas Kline Sheriff of Cumberland County Paid by ADLER & CLARAVAL on 04/10/2000 . Sworn and subscribed to before me this jj~ day of ~A..:e ~ A.D. n . Q, rudl/;, 'lW: ~otary I ';, SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2000-01204 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GUTSHALL DARREN B ET AL VS. MIJICA JUAN ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,EAST WIND TRUCKING by United States Certified Mail postage prepaid, on the 6th day of March ,2000 at 0008:00 HOURS, at POBOX 77 9 ELIZABETH, NJ 07207 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by 00/00/0000 . on Additional Comments: ITEM RETURNED UNCLAIMED ON 4/10/00. PAPER IS EXPIRED. Additional Comments Sheriff's Costs: Docketing CERT MAIL Affidavit Surcharge 6.00 4.79 .00 10.00 .00 20.79 .,-::'?.....-:-- Thomas Kline Sheriff of Cumberland County Paid by ADLER & CLARAVAL on 04/10/2000 . Sworn and subscribed to before me this 13ft:; day of ()~ :uniij A. D. ~CL~,~ r thonotary "'I''''~""" - I I i I , I I I I ,l I ", II II \i I.' rl " !i ti [I ,I Ii " ,I fl fi " ~I II Ii [1 It I il II II II II " (I i! " ~I II i.1 lr"'q'-l< ... C'vil ... .....: ... ... : ,f.- - o"Complete items 1 and/or 2 for additional services. 'cu Complete items 3, 4a, and 4b. f:! [J Plint your name and address on the reverse otthis form so that we can return this g! card to you. e a Attach this form to the front of the mailpiece, or on the back if space does not Ql permit. i.c D Write "Return Receipt Requested" on the mailpiece below 1h.~ article number. -:; a The Return Receipt will show to whom the article was delivered and the date o delivered. 'll 3. Article Addressed to: ! Juan Mijica ~ 537 E Jersey St ,u Elizabeth. NJ 17207 I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery z 338 763 723 4b. Service Type D Registered o Express Mail o R~tLlm Receipt for MerchandIse 7. Dat DeliV~ 8. Addressee's Address (Only if requested and fee is paid) 4a. Article Number ~rtified o Insured DeOD + .. u ): ~ a a; ~ c J3 " a: '" c 1ii " .e " o >- ... c .. F . ) .--~--._--,~- 102595-99-6-0223 Domestic Return Receipt PS Form 3811, December 1994 Ii . i; '<i. ~ .t\,~~:" o DARREN B. GUTSHALL and DOROTHY K. GUTSHALL, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : NO. 2000-01204 P v. : CIVIL ACTION - LAW JUAN MInCA and EAST WIND TRUCKING, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of Plaintiffs' Complaint by first class mail, postage prepaid, addressed to the following person: East Wind Trucking P.O. Box 779 Elizabeth, NJ 07207 ADLER & CLARA VAL Date: ~/d-F-) /00 . By \wh\Dl \jJJ.lli~ DENISE I. WILLIAMS, Secretary For Robert F. Claraval ~"'';'"''O , ,-~ ":\'--""':"'!"-"~'~-7"""-"" ,,,~.C'7"__'-, ' - - '-~->,," ~ --,~.< -~','.. "- ...",.,.=-- '~",,, --- JI;)>;i,;;j.~U,f{ C C"J ('"'< C C~ ,_cc " ::~ "0 \_, ~\'1 II, r--:- :z_ f~ .' ~"': ," , U:.' .... '. -< ~ -~:~ b r );;> r.'- r,,) ,.. ~ -;:.; ~) ~~J. .< .. o~. r'~ h . . _......._~._."' . . , J_?;-,,,'_~~_ '~,",. ," . ->"'re,,,,",~-, ~.~ ".' -", "~ Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 2000-1204 CIVIL ACTION - LAW DARREN B. GUTSHALL and DOROTHY K. GUTSHALL, v. JUAN MIJICA and EAST WIND TRUCKING, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. Respectfully submitted, DATE: 5/1.:5/00 THOMAS, THOMAS & HAFER, LLP By:ic'ynY7Ct~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants l_'V'<<~~___1 _ __,~?_ ,,' _ __N-_~_~",~_'_,"__r,c_,~~~_ _., _,_,=~~"""_,._,"__~_,,,~_. '- CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the (-;S~y of V'/t1ay ,2000: Robert F. Claraval, Esquire ADLER & CLARAVAL P.O. Box 11933 125 Locust Street Harrisburg, PA 17108-1933 THOMAS, THOMAS & HAFER, LLP BY:_rd. C . mVJDvvv~ Kevin C. . McNamara, Esquire :95197.1 ,., ~ ., "'''_~_,'O _ ._"~,_~~_~ ',' ., n_ '___'_ _~ _ _, ~ ""'I , " ".,,~.~ ~~, , !lll1'iII!\ll!Ill.;R~~ ,.,,--', "',,~ "'''1''"' ,.,. UIiii "' . C) c::::> 0 C- O "'11 ~~ ::g: ..... -'r;'"r' :r;J:;'I ;~~: -n nltt -< ~';'lp ~e~' --om 0"'> 06 (()",::- CJ -<{ ~..- r::c; .''0 :....J.,i ;~t) -~,. o:JJ -- -"",0 om j:.:>-c -, z &o- J::: --, ~ -<: (1' ~. ".- "', "'?lC"' ""~, ,,' - DARREN B. GUTSHALL and DOROTHY K. GUTSHALL, Husband and Wife, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 1204-2000 v. : CIVIL ACTION - LAW JUAN MInCA and EAST WIND TRUCKING, Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued. Respectfully submitted, Date:_=d.1o /61 I / ROBERTF.CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court J.D. #19222 By Attorney for Plaintiff I j ! .c. ",__,_,:".","_"_~_,,_,",-",,_,, "'_~ " ' ~, " "_'_' ~_ " '_"__,~_ ~ ., ,-, I'" '" I,,,,.,,,,. .~."n'"'' ,,'_~_>,____~ ". "e' '.""",.""""~,,,,,,,.,,,,' ~ ~\IIIIIIIIIIIi!'"" ~" ->~. 0 (.? ,~ '~." C -on $;". :J: ;:Hc- """ ~ .rn -< f= 2IJ I --,-,["n ~5?: r-.:) '''0 ,- ~ j ~cj -U :-~2g ~C) -~ ~;~ ~~ "'-r~ )>c w C) , ""-1 7" :::> :;>: ::=; ::.0 '"' .-1 ....:;: .......... :""'"""'.-'!\Il!,~~_",__", ~_ ,.;, ."' , <. ,". MAR - 3 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Harrison 1. Rodkey, Plaintiff No. 00 - /~ Gvi(-r~ v. Lisa M. Rodkey, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of200() , upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before ~,3, ~ ' Esq. the conciliator at 2,ct \.J . \-\0.\\'\ ~ i\-cN:r\\ ( \\).~ -f>J>." on the ~ day of ~ 20(:)<::) . at a.' .:\a (). .m. for a Pre-H ng Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent Order. Hearing to be held at BY THE COURT, BY: c:r:nll.l<\ .t.~~0v" Custody Conciliator ~f) 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 "' ~ IflIiIIiIliIlol ...-...~" L ---" , ~ ~, ~-- ,,"" ......."'" '--'~"" - "' . .. - ,---,. ,-~ "-~" lliIli~~0lIi~~i$2< 3-ft1.t90 -3 "9.&!~ 3.9~1 "'" FILED-'YW'~ 0" 'TJ;~ I-'-_~_, .~t I .,':;: ("7"/ 11;""}("':\IO-rARY "" J '-,.il\\ Ir\l 00 HAR -9 Pi'! 3: 2? -.... CUMBERLAND COUNJY PENNSYLVANIA &d-~~~A~~ '~,,' "~-",, ' ,~--,:l,' ,', '-n - ',' "-;7'" ' " ~~~~~ " , .. "-- ~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HARRISON 1. RODKEY, Plaintiff No. v. LISA M. RODKEY, Defendant IN CUSTODY 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 is 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Legal Referral Service York County Bar Association 13 7 East Market Street York, PA 17401 (717) 854-8755 " .'_'""",_" .... --, loT 0' "'- "w' . ...... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. tJ'V - /;lOs' ~ I u- HARRISON 1. RODKEY, Plaintiff v. LISA M. RODKEY, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Harrison J. Rodkey, is an adult individual who resides at 38 I 0 Mountianview Road, Mechanicsburg, , Cumberland County, Pennsylvania 17055. 2. The Defendant, Lisa M. Rodkey, is an adult individual who currently resides at 879 Old Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical and legal custody of the minor child, Harrison Reed Rodkey, bom July 9, 1990. The minor child was born in wedlock. For the past five years, the child has resided with the following persons and at the following addressed: Lisa M. Rodkey 879 Old Silver Springs Rd. 6/97- present Mechanicsburg, P A 17055 Lisa M. Rodkey Astor Avenue 1/97-6/97 Middletown, PA 17057 Lisa M. Rodkey Joe Daily Huffy Swatara Creek Road 1/96- 1/97 Middletown, PAl 7057 Lisa M. Rodkey 7 Overbrook Building 1/95- 1/96 Village Green Aparments Elizabethtown, P A The Mother of the child is Lisa M. Rodkey, an adult individual who resides at 879 Old Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. ,< H, r .' ... .. . She is divorced/single. The Father of the child is Harrison 1. Rodkey, an adult individual who currently resides at 3810 Mountianview Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. He is married. 4. The relationship of the Plaintiff and child is that of natural parent. 5. The relationship of the Defendant and child is that of natural parent. The Defendant currently resides with the subject minor child. 6. The Plaintiff has not participated as a party in other litigation conceming the custody of the child with exception of a Protection From Abuse action filed in Lancaster County, Pennsylvania. The Order was entered on said petition on January 17, 1995 and has since expired. Neither party currently resides in Lancaster County. Plaintiffhas no information of a custody proceeding concerning the child pending a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. DefendantIMother is insisting that the child take medication which the Plaintiff/father believs and avers has a detrimental effect on the child. 8. The best interests and permanent welfare of the child will be served by granting the relief requested. WHEREFORE, Plaintiff, Harrison 1. Rodkey, respectfully requests that the Court grant him primary physical custody of the subject minor child. Date: 124S 9 J Respectfully submitted, <~k Keith B. eArmond, Esq. Attorney for Plaintiff DeArmond & DeArmond 2800 Market Street Camp Hill, P A 17011 7I 7-730-9394 Supreme Ct. J.D. No. 58878 ~ C~ VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relatirtg to unsworn falsification to authorities. Date: / f /1-7'1 , , ;-"- .,- "~ - ,.. <~ "'" _" '.'C"'. ~, -, ' '. .. < ~" "' , '1,"""':" . ~ " . ~ ~ ~ (::) ~ ~ ~ ~ ~ G '[ ~~ 0 d 0 & ~ ~ ~ rnf () t&. N ~. .' I I ~O ""b 6~ .() 'f-[ ft! ~ ~8 ~ bm ?J W 'j; c .. s;! :B ~ N ~ ..... ..... t "'-0 ---J f' -<. ....~. .... ,-,-,"",," W~~V"., ~, ",'cT"JlillrI~_, ~ . . .. " " " HARRISON J. RODKEY, : IN THE CXlURT OF CXlMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-1205 CIVIL TERM : LISA M. RODKEY, : CIVIL ACTION - LAW Defendant . IN CUSTODY . aIDER OF CCXJRT AND J:IDi, this \\ consideration of the attached and directed as follows: day of , 2000, upon CUstody Conciliation Report, it is ordered 1. The parties shall obtain a complete evaluation of the Child by a physician, specializing in the area of Attention Deficit Hyperactive Disorder, to be selected by mutual agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning the Child's diagnosis, if any, and treatment, if necessary. The parties agree to schedule the evaluation for August 2000 if . possible so that the Child is evaluated after being off medication for a substantial period. 2. The parties agree that the Child shall not be given Ritalin or other drugs used for the treatment of ADHD pending the evaluation, unless otherwise agreed between the parties. The parties also agree that the Child shall not be given Ritalin or other drugs used for the treatment of ADHD for the first semester of the 2000-2001 school year unless the evaluating physician recommends the medication as medically necessary. BY THE CXlURT, J. / ~ 5- JI~()O Rk'.s cc: Keith B. DeArmond, Esquire - Counsel for Father Lisa M. Rodkey, Mother , ""'.""c,_~,,,,,,","',~,.,,",,." ,,__,~,_~ ,_,~_ _ -.,~~::~-,:-;~~-. ,~,"'~_ ,11 ". , _~~.n _ _"'-_'""._n. .' -~" --,. -~--"'" ." , . , HARRISON J. RODKEY, : IN THE OOURT OF OOMMON PLEAS OF plaintiff : CUMBERLAND OOUNTY, PENNSYLVANIA : vs. : NO. 00-1205 CIVIL TERM . . LISA M. RODKEY, : CIVIL ACTION - LAW Defendant . IN CUSTODY . CUSTODY CCliICILIATIOO SUMMARY REPORT IN ACCOODANCE WITH CUMBERLAND <XX1lIn'Y RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN COS'.l.UDy OF Harrison Reed Rodkey July 9, 1990 Mother 2. A CUstody conciliation Conference was held on May 3, 2000, with the following individuals in attendance: The Father, Harrison J. Rodkey, with his counsel, Keith B. DeArmond, Esquire, the Father's wife, and the Mother, Lisa M. Rodkey, with her boyfriend. The Mother is not represented by counsel in this matter. 3. To their credit under very difficult circumstances, the parties were able to reach a resolution and agree to entry of an order in the form as attached. 4. It should be noted that there is an outstanding CUstody order which was entered by the Lancaster County Court of Common pleas on July 19, 1995, the provisions of which the parties continue to follow with substantial flexibility. The proposed order does not modify the 1995 order in any respect. fYl~ ;j, /Jooo Date j)" J.J. . ~ Dawn S. Sunday, Esqui Custody COnciliator -"<m ,~ ", ~