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Home My WebLink About00-02827 . , , ", 'I - ~_. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. SMITH, Plaintiff Civil Number: For2000 - ~~"7 &J Vs. MARY C. METZGER Law Case Defendant. : : : . . . . NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you rnust take action within twenty (20) days after this cornplaint 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 cornplaint or for any other claim or relief requested by the plaintiff. You rnay lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. SMITH 17901 Golf View Drive Hagerstown, Maryland 21740 Plaintiff, Civil Number: for 2000 Vs. MARY C. METZGER 1528 Tussey Court Mechanicsburg, Pennsylvania 17055, Law Case Defendant. Bradley J. Reed PA# 76249 Britt . GettyLllw omc~s 1936 Dmil Highway Hagerstown, Maryland 21740 Telephone: (301) 791-6000 Attorneys for Plaintiff Complaint and Demand for Jury Trial - . , -" . ~, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. SMITH, Plaintiff, Civil Number: for 2000 Vs. MARY C. METZGER, Law Case Defendant. . . . . . . . . . . . . NOTICE TO PLEAD 10: Mary C. Metzger 1528 Tussey Court Mechanicsburg, Pennsylvania 17055 You are hereby notified to plead to the enclosed complaint within twenty (20) days from service hereof or default judgment may be entered against you. BRITT. GETTY LAW OFFICES By ~_ <\\ (2J Bradley J. Reed d P A# 76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301) 791-6000 """,,~ , " ~= IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA JAMES C. SMITH, Plaintiff, Civil Number: HJ _ :l 4'", 7 G;J r ~ for 2000 - Vs. MARY C. METZGER, Law Case Defendant. . . . . . . . . . . . . COMPLAINT AND DEMAND FOR .IURY TRIAL James C. Smith, Plaintiff, by his attorneys, Britt. Getty Law Offices, sues Mary C. Metzger, Defendant, and states in support. General Allegations Parties 1. Plaintiff, James C. Smith, is a resident of Hagerstown, Washington County, Maryland. 2. Defendant, Mary C. Metzger, is a resident of Mechanicsburg, Cumberland County, Pennsylvania. The Occurrence 3. On Sunday, May 10, 1998, at approximately 1:46 P.M., Plaintiff was operating a 1998 Mercury Tracer ("Plaintiff's Vehicle") eastbound on SR0944 near the " intersection of Carol Lane in East Pennsboro Township, Cumberland County, Pennsylvania ("the Accident Scene"). 4. On the same date and time Defendant was operating a 1987 Volvo ("Defendant's Vehicle") westbound on SR0944 near the Accident Scene. S. Defendant lost control of Defendant's Vehicle as a result of carelessness and speed thereby causing it to cross the center line of SR0944. 6. Defendant caused Defendant's Vehicle to strike a vehicle driven by Barry L. Stains ("the Stains' Vehicle") which was traveling eastbound on SR0944. 7. Defendant caused Defendant's Vehicle to careen off of the Stains' Vehicle to strike the Plaintiff's Vehicle ("the Accident"). 8. In the Accident, Defendant's Vehicle struck the passenger side of Plaintiff's Vehicle, and then struck Plaintiff's Vehicle on the driver's side. 9. Plaintiff was injured in the Accident. Personam Jurisdiction 1 O. Defendant resides in Cumberland County, Pennsylvania. Subject Matter Jurisdiction/Venue 11. The Accident occurred in Cumberland County, Pennsylvania. 2 c_o'=--"'.~~_ cO< - .~ " ""~ Count One Negligence 12. Plaintiff incorporates by reference the General Allegations. 13. Defendant operated the Defendant's Vehicle in such a careless, negligent and reckless manner so as to cause the Defendant's Vehicle to strike the Plaintiff's Vehicle thereby inflicting serious injuries and damages upon Plaintiff. 14. The careless, reckless, negligent, willful and wanton conduct of Defendant includes, but is not limited to, the following: (a) In failing to have the Defendant's Vehicle under proper and adequate control given the circumstances; (b) In failing to maintain the Defendant' s Vehicle in a proper and safe condition; (c) In failing to take proper precautions in the operation of the Defendant's Vehicle so as to avoid striking the Plaintiff's Vehicle; (d) In allowing her attention to be distracted from the Accident Scene and not observing the Plaintiff's Vehicle at or near the intersection; (e) In operating the Defendant's Vehicle in a careless and negligent manner without due and proper regard for the safety of Plaintiff; (f) In violation the laws of the Commonwealth of Pennsylvania regarding the operation of motor vehicles on public roadways, including those relating to yielding the right-of-way and staying right of center; (g) In failing to make the necessary and reasonable observations; 3 _ '. "~...~~ Accident; (h) In failing to observe the Plaintiff's Vehicle in time to avoid the (i) In failing to heed traffic signals controlling the Accident Scene; and G) In engaging in conduct as described with reckless indifference to the health and safety of Plaintiff. 15. As a result of the careless, reckless, and/or negligent acts of Defendant, Plaintiff suffered the following injuries and conditions: (a) head contusion and abrasions; (b) (c) (d) (e) (t) (g) (h) (i) G) (k) (I) (m) loss of consciousness; headaches; neck pain; neck strain; pain and swelling to left leg and knee; back pain, stiffness, and limited range of motion; blunt trauma to lower extremities; persistent back pain; pain and discomfort to cervical spine; bulging discs; trauma to the left arm, hand and fingers; and emotional distress, anxiety, nervousness, and sleeplessness. 16. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Plaintiff has been and will be for an indefinite time in the future required to employ the services of physicians, hospitals, nurses, and related medical and psychological professionals. 4 , -~ "2 ~. .1\[ 17. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Plaintiff has suffered severe physical pain, emotional anguish, discomfort, inconvenience, and distress and will undergo the same in the future. 18. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Plaintiff has been compelled to expend various and diverse sums of money for medicine, medical care, psychological care, and treatment of Plaintiff. Such sums were expended in an attempt to cure and rehabilitate Plaintiff for his injuries. Plaintiff will be obligated to expend additional sums in the future on Plaintiff's behalf. 19. By reason of the carelessness, recklessness, and negligence of Defendant, Plaintiff is unable to follow his usual daily duties and will be unable to follow the same for an indefinite time in the future. 20. As a direct and proximate result of the carelessness, recklessness, and negligence of Defendant, Plaintiff has lost and continues to lose his ability to enjoy the pleasures of everyday life. WHEREFORE, Plaintiff hereby demands judgment in his favor and against Defendant in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). By Bradley J. Reed PA# 76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301) 791-6000 5 "- ~ . . ,. . 1i~. VERIFICATION STATE OF MARYLAND, WASHINGTON COUNTY I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are subject to the penalties of perjury and those provisions of Pennsylvania law relating to unsworn falsification to authorities. #E? Subscribed and sworn to before me, a Notary Public in and for the State and County aforesaid, this 3rd day of May, 2000. J~~y~ My Commission Expires: ,-'t1-03 6 ",^'-'. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYL VANIA JAMES C. SMITH, Plaintiff, Civil Number: for 2000 Vs. MARY C. METZGER, Law Case Defendant. . .. ... . .. .,. DEMAND FOR JURY TRIAL James C. Smith, Plaintiff, by his attorneys, Britt. Getty Law Offices, demands a jury trial for all causes of action set forth in the Complaint. By Bradley . e PA# 76249 1936 Dual Highway Hagerstown, Maryland 21740 Telephone: (301) 791-6000 ilIllli( . ~- ., ~ -~""""....."'"' ~ - "~!1::i ,~- " ........~m:u.. (Hili ~. ~ . ,---'<of ,",Ji',.; .1. *.~ -"- ,<l.p, <. "~. ~~ ~ h~ ~ , 1 ~ ~~ (") (~ ~~ \ \~ c c b \ <"" 'T! ~ ~ -"JU:J :x mrTl ;1::1\'0 :~ \ \ 2.D --( ; i1::n "- . 21;:: I -,-j[11- ~ I ~--- , ~ '? 01 ,b<:J ~ ~tJ ot '" ""0 ..:::.{ ~} zO 15-r :x ' '-+I pC) Z~ C - ~ .. ~. W ~ (.1l II 1'-" "" ~ ~ SHERIFF'S RETURN - REGULAR - ~ -:'; CASE NO: 2000-02827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH JAMES C VS METZGER MARY C CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE METZGER MARY C was served upon the DEFENDANT , at 0015:52 HOURS, on the 22nd day of May , 2000 at 1528 TUSSEY COURT MECHANICSBURG, PA 17055 PAT METZGER (MOTHER) by handing to 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 8.06 .00 10.00 .00 36.06 Sworn and Subscribed to before me this /-v- day of ?{,. ~ A.D. ~O /h~#,..~~n'( thonotary So An.sw~ //. ~ ri~~f'~l-.: R. Thomas Kline OS/23/2000 BRITT - GETTY X-7--?.lit By: ~/. ~s~er' f. ~~ ",~ . C'._i,. ~ ""r.r Joanne R. Jenkins - LD. No. 28036 By: Alphonso H. Ibrahim, Esquire Identification No. 72715 Suite 500 - Public Ledger Building 150 South Independence Mall West Philadelphia, Pa. 19106 (215) 627-3087 JAMES C. SMITH vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW MARY C. METZGER TRIAL DIVISION NO. 2000-2827 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my appearance in the above entitled case for Defendant Mary C. Metzger. Bradley J. Reed, Esquire 1936 Dual Highway Hagerstown, Maryland 21740 BY fik. <<if- " Joann . Jenkins Alphonso H. Ibrahim, Esquire Attorney for Defendant AHI AL830-092910-03 Ed Orrison/Blue Bell Claims FILED: JUNE,2000 MAILED: JUNE,2000 M~~~~jal0l1!i~ii~~-""<<;;,.,,~liii'AA&~t4Ii1l1ldt_ltiII1Iiillwil. 'j:j!iJ -~ZMl:.l_''"'''''''''''''' - () ,-, ~,~ C C:) 7 ~~~ ~= ~'.,,, , ~J zr- ,') '~1 Q~t c-\ ,~ ,-, [::Ci ~~ , ~2; _:-l c'S >c 0 :::: ,- ::< .-.j , - BRADLEY J, REED Identification No. 76249 1936 Dual Highway Hagerstown, MD. 21740 "" '1..-' I -:S" " Attorney for Plaintiff JAMES C. SMITH V. MARY METZGER COURT OF COMMON PLEAS CUMBERLAND COUNTY CNIL ACTION - LAW TRIAL DIVISION NO. 2000-2827 ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter Settled, Discontinued and Ended with payment of your costs only. LAW OFFICES OF BRADLEY J. REED "..-m 111II11. ~..~_.__IIilitH. ."', ~s<~" ~ .........~~- ,",,';~,~~i-~ ",,",-, - ~.,- ;~ '. ~ -'~. - (") 0 C) C a n ?: ,/) '1J Cd ;-<'1 =-0 IT] fTl ~i.1 , 2: ::0 ;D ~5~-~ , ) 0""1 '--' -:::"'L~~ ".L, ce.' ...j :t~ " ;';;C >.~ -n ""(5 ---- (') :Pc' 15 0 r-il Z ~ :...:J C!> =2 j:) -.J -< I