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Home My WebLink About07-0973IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLINT W. BUSH, : No. 9 3 Plaintiff : Iv vs. CHASE W. BERKHEIMER and MICHAEL E. BERKHEIMER, CIVIL ACTION Defendants JURY TRIAL DEMANDED 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 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 Lawyer Referral Service of the Bar Association of Cumberland County 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLINT W. BUSH, Plaintiff No. d 7- 973 &t, d T.c? vs. CHASE W. BERKHEIMER and MICHAEL E. BERKHEIMER, CIVIL ACTION Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Clint W. Bush, is an adult individual residing at 101 West Main Street, Apt. #7, Clinton, New Jersey. 2. Defendant, Chase W. Berkheimer is an adult individual residing at 1321 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Michael E. Berkheimer is an adult individual residing at 1321 West Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. On or about April 15, 2005, in the evening hours, Plaintiff, Clint W. Bush was operating a 1999 Ford Taurus and traveling on Speedway Drive at Lisburn Road, Monroe Township, Cumberland County, Pennsylvania. 5. At the time, date and place aforesaid, Defendant, Chase W. Berkheimer was operating a 1990 GMC Sierra owned and maintained by Defendant, Michael E. Berkheimer, and was traveling behind Plaintiff's vehicle. 6. At the time, date and place aforesaid, Defendant Chase W. Berkheimer, caused the 1990 GMC Sierra to strike the 1999 Ford Taurus operated by Plaintiff in the rear resulting in serious and substantial injury and damages to Plaintiff. 7. At all times relevant, Plaintiff was operating his vehicle with due care and in accordance with the rules of the road. 8. At all times relevant Plaintiff retained his right to sue for economic and non-economic damages. FIRST CAUSE OF ACTION Clint W. Bush V. Chase W. Berkheimer 9. At the time, date and place aforesaid, the careless and negligent acts of the Defendant, Chase W. Berkheimer, consisted of the following: a. failing to keep his vehicle under proper and adequate control; b. failing to keep a careful and diligent watch on the roadway; c. following too closely to vehicles ahead of him; d. operating the vehicle at an excess rate of speed and too fast for conditions; e. failing to maintain the assured clear distance ahead; f. failing to observe and have due regard for the provisions of the Motor Vehicle Code of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles on highways and particularly with regard to failing to maintain the assured clear distance ahead, and driving in excess of the speed limit and too fast for conditions; and g. operating the vehicle without regard for the safety, rights and position of the Plaintiff at the aforesaid point. 10. As a direct and proximate result of the above-described occurrence, the Plaintiff sustained serious injuries to his back, neck, left shoulder, arm and hand. 11. As a direct and proximate result of the above-described occurrence, the Plaintiff has suffered great mental anguish and physical pain up to the date of the filing of this complaint. 12. As a direct and proximate result of the above-described occurrence, the Plaintiff will continue to suffer great mental anguish and physical pain into the future. 13. As a direct and proximate result of the above-described occurrence, the Plaintiff has incurred extensive medical expenses to date. 14. As a direct and proximate result of the above-described occurrence, the Plaintiff will have to expend large sums of money in the future due to the nature of the injuries sustained. 15. As a direct and proximate result of the above-described occurrence, the Plaintiff has been unable to pursue and enjoy the usual activities of life of an individual of the Plaintiffs age and has suffered a loss of enjoyment of life, loss of life expectancy, loss of happiness and the loss of pleasures of life up to the date of the filing of this Complaint. 16. As a direct and proximate result of the above-described occurrence, the Plaintiff in the future will be unable to pursue and enjoy the usual activities of life of an individual of the Plaintiffs age and suffered a loss of enjoyment of life, loss of life expectancy, loss of happiness and loss of the pleasures of life throughout the remainder of his life. 17. As a direct and proximate result of the above described occurrence, the Plaintiff suffered permanent injury and deformity. 18. As a direct and proximate result of the above-described occurrence, the Plaintiff has sustained lost earnings and lost earning capacity. WHEREFORE, Plaintiff demands judgment against the Defendant for a sum in excess of local rules and compulsory arbitration limits. SECOND CAUSE OF ACTION Clint W. Bush V. Michael E. Berkheimer 19. At the time, date and place aforesaid Defendant, Michael E. Berkheimer, was the owner and/or in control of the 1990 GMC Sierra operated by Defendant, Chase W. Berkheimer. 20. At the time, date and place aforesaid Defendant, Michael E. Berkheimer, did allow and permit the Defendant, Chase W. Berkheimer, to operate said vehicle, even though he knew or should have known that Defendant, Chase W. Berkheimer, was likely to operate the motor vehicle in such a manner as to create an unreasonable risk of harm to others, including but not limited to the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant for a sum in excess of local rules and compulsory arbitration limits. Respectfully submitted by, STEPHEN MOWREY, P.C. Ste en M. Mowrey, Esquire I. . #68203 3 4501 Bath Pike Bethlehem, PA 18017 (610) 866-4252 Attorney for Plaintiff VERIFICATION COMMONWEALTH OF PENNSYLVANIA } } ss COUNTY OF NORTHAMPTON 1 I, Clint Bush, do hereby depose and say that the facts set forth in the foregoing COMPLAINT are true and correct, partly upon my knowledge and partly upon my information and belief. The language of the foregoing COMPLAINT is that of counsel and not of the undersigned themselves. The undersigned has read the foregoing pleading and, to the extent that it is based upon information which has been given to their counsel, that information is true and correct to the best of their knowledge, information and belief. As to any inconsistent averments in the COMPLAINT, the signer has been unable after reasonable investigation to ascertain which of them are true, but the signer has knowledge or information sufficient to form a belief that one of them is true. -Ux-? WRIU1 Clint W. Bush 7j - ? O r W N 0 In IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLINT W. BUSH, No. U'7 - Q ?3 Plaintiff VS. CHASE W. BERKHEIMER and MICHAEL E. BERKHEEVER, Defendants CIVIL ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Enter my appearance on behalf of Plaintiff, Clint W. Bush. Papers may be served at the address set forth below. ST14PHEN MOWREY, P.C. phen M. Mowrey, Esquire I.D. #68203 4501 Bath Pike Bethlehem, PA 18017 (610) 866-4252 TEL (610) 866-4548 FAX Attorney for Plaintiff Date: 2/6/07 am t? C ' d 03 ter', .: -rr. 1 - } 7'> -- no cra SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Attorneys for Facsimile: (717) 975-8124 Defendants E-Mail: smumford@margolisedelstein.com File#56700.4-00009 CLINT W. BUSH COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA CHASE W. BERKHEIMER, AND NO. 07-973 MICHAEL E. BERKHEIMER CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendants, Chase W. Berkheimer and Michael E. Berkheimer, in the above-captioned matter. Margolis Date: 3 fi o By: ShauKJ. umfor ID# 84176 3510 Trind e Road Camp Hill, PA 17011 717-975-8114 Esquire 1 1 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ate day of MdkL-- , 2007, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service Electronically and by First Class Mail, Postage Prepaid. Addressed as Follows: Stephen M. Mowrey, Esquire 4501 Bath Pike Bethlehem, PA 18017 MARGOLIS EDELSTEIN 0 /11" ?? By: V` Carol Moose M:VWir\l Countryway\56700,4-00009 Berkheimer\Pleadings\Entryof Appearance.3-28-07.wpd C? ?, O ? = `?= ? ??; ..?.,, , , .? t?J '.i)? ? tw - +? C ?,? .,. ti::- ? ?° - :1 ??., r? :?. 4-? i ' ?? SHERIFF'S RETURN - REGULAR C^ E NO: 2007-00973 P r'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUSH CLINT W VS BERKHEIMER CHASE W ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERKHEIMER CHASE W the DEFENDANT , at 1945:00 HOURS, on the 14th day of March 2007 at 1321 WEST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to MICHAEL E BERKHEIMER, FATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Affidavit .00 Surcharge 10.00 .00 3)aC,)V7 ' 36.64 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 03/15/2007 STEPHEN MOWREY By day D uty She iff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00973 P r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUSH CLINT W VS BERKHEIMER CHASE W ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BERKHEIMER MICHAEL E the DEFENDANT , at 1945:00 HOURS, on the 14th day of March at 1321 WEST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to MICHAEL BERKHEIMER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 3?a4?b7 ? f16 . o0 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 03/15/2007 STEPHEN MOWREY By: day Dep ty Sher' f A.D. 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CLINT W. BUSH, No. 2007-973 Plaintiff VS. CHASE W. BERKHEIMER and MICHAEL E. BERKHEIMER, Defendants CIVIL ACTION : JURY TRIAL DEMANDED PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following nn the records thereof. Dated: September 18, 2008 WITNESS (If signer is other than The within suit is Settled, Discontinued, Ended and costs paid. The within suit is Settled, Discontinued, Ended with prejudice and costs paid. The within suit is Settled, Discontinued, Ended without prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of the Judgment, with interest and costs, in the withi atter is acknowledged. Signa of Authorizing party Stephen M. Mowrev. Esquire ATTORNEY FOR PLAINTIFF registered atty.) COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS: AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. R.C.P. C.A. SUBSECTION 4904 RELATING TO UNSWORN FALSIFICATION OF AUTHORITIES. C) Crs M -? -r-n MF rn yC,y ..N Y"i r ?? r ? N C)D