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Home My WebLink About03-0170SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ -- /'~O CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE AND NOW, comes the Plaintiff's, KEVIN and LORI SHEAFFER, by and through 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 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 G:\GLOBAL\WPDATA\DOCS~Pleadings All\Sheaffer, Kevin - Complaint.wpd SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA AND NOW, comes the Plaintiff's, KEVIN and LORI SHEAFFER, by and through LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda, usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990~9108 G:\G LO BAL\WPDATA~DOCS\Pleadings All\Sheaffer, Kevin - Complaint.wpd SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~23 - /~7~ CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, KEVIN and LORI SHEAFFER, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. Plaintiff, KEVIN SHEAFFER, is an adult individual who currently resides at 3638 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, LORI SHEAFFER, is an adult individual who currently resides at 3638 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff's KEVIN and LORI SHEAFFER are husband and wife, having been married on April 28, 1990. 4. Defendant, JUANITA RAUDABAUGH, is an adult individual whose last known address is 50 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania. 5. The facts and circumstances hereinafter set forth took place on December 20, 2001 at or about 1:50pm on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, KEVIN SHEAFFER, was the operator of a 1992 Ford Ranger traveling east on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant, JUANITA RAUDABAUGH, was the operator of a Mercedes Benz traveling west on the Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 8. At the aforesaid time and place, Plaintiff, KEVIN SHEAFFER, was stopped in the center turn lane with the intention of making a left hand turn into Super Petz on the Carlisle Pike in Mechanicsburg, Cumberland County, Pennsylvania. 9. At the aforesaid time and place, as Plaintiff, KEVIN SHEAFFER, proceeded to make the left hand turn into Super Petz, his vehicle was struck by the Mercedes Benz operated by Defendant, JUANITA RAUDABAUGH who had moved her vehicle out of a stopped line of traffic in the westbound lane, out onto the berm or shoulder of the road and proceeded to the right of several vehicles stopped in front of her in the westbound lane of travel. 10. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, JUANITA RAUDABAUGH, in operating the Mercedes Benz in a careless, reckless, manner as follows: a. Overtaking and passing another vehicle on the right when such movement could not be made with safety in violation of §3304 (b) of The PA. Motor Vehicle Code; b. Failing to drive her vehicle as nearly as practicable entirely within a single lane on a roadway which had been divided in two or more clearly marked lanes for traffic and moving from the lane before the defendant had first ascertained the movement could be made with safety in violation of §3309(1) of The PA Motor Vehicle Code; c. Driving his/her motor vehicle in careless disregard for the safety of persons or property in violation of Section 3714 of The PA. Motor Vehicle Code; d. In failing to have her vehicle under proper and adequate control; e. In failing to apply the brakes in time to avoid the collision; f. In negligently applying the brakes; g. In failing to operate his/her vehicle in accordance with existing traffic conditions and traffic controls; G:\GLOBAL~WPDATA\DOCS\Pleadings All\Sheaffer, Kevin - Complaint.wpd In failing to keep a reasonable look-out for other vehicles lawfully on the road; In failing to keep the vehicle within the proper lane; In passing on the right using the berm or shoulder of the roadway without first ascertaining that such a movement could be made in safely; and In otherwise operating said vehicle in careless, reckless and negligent manner and in a manner violating the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNTI KEVlN SHEAFFER V. JUANITA RAUDABUAGH 11. Paragraphs 1 through 10 of PlaintifFs Complaint are incorporated herein by reference as if set forth in full. 12. As a result of the aforesaid collision, Plaintiff, KEVIN SHEAFFER, has suffered serious and permanent injuries, including but not limited to the following: a. Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the lumbar spine. 13. As a direct and proximate result of the aforesaid injuries, Plaintiff, KEVIN SHEAFFER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff, KEVIN SHEAFFER, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff, KEVIN SHEAFFER, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, KEVIN SHEAFFER, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for G:~GLOBAL\WPDATA\DOCS\Pleadings All\Sheaffer, Kevin - Complaint.wpd which damages are claimed. 17. As a further result of this collision, Plaintiff, KEVIN SHEAFFER, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. 18. As a further result of the aforesaid injuries, Plaintiff, KEVIN SHEAFFER, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 19. Plaintiff, KEVIN SHEAFFER, was the named insured on a policy of insurance issued to him by Nationwide Insurance Company bearing policy number 58 37 C 305085 which was in effect on the date of the above referenced collision. Plaintiff selected the full tort option regarding that policy. A copy of the declaration page of said policy is attached hereto and incorporated by reference herein as Exhibit A. Therefore, Plaintiff, KEVIN SHEAFFER, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. WHEREFORE, Plaintiff, KEVIN SHEAFFER, demands judgment against JUANITA RAUDABAUGH, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II LORI SHEAFFER V. JUANITA RAUDABAUGH 20. Paragraphs 1 through 19 of Plaintiff's Complaint are incorporated herein by reference as if set forth at full. 21. As a further result of injuries sustained by her husband, Plaintiff, LORI SHEAFFER, has been and will be deprived of the assistance, companionship, consortium and society of her husband, all of which has been and will be to her great G:~GLOBAL\WPDATA\DOCS\Pleadings All,Sheaffer, Kevin - Compraint.wpd detriment and loss. WHEREFORE, Plaintiff, LORI SHEAFFER, demands judgment against Defendant, JUANITA RAUDABAUGH, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Date: Respectfully submitted, G:\GLOBAL\WPDATA\DOCS~Pleadings All,Sheaffer, Kevin - Complaint.wpd VERIFICATION " I, .~,~,.~ .~.~¢.~.~c _, hereby acknowledge that I am a Plaintiff in this action and that I have read the~ and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating t~ unswom falsification to authorities. Date: SHOLLENBERGER & JANUZZl, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiff KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs Mo JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-170 CIVIL ACTION - LAW JURY TRIAL DEMANDED To the Prothonotary of Cumberland County: Kindly please reinstate the Complaint filed in the above-captioned action. A time- stamped copy of the Complaint has been attached hereto as Exhibit A. Respectfully submitted, Attorney I.D.#34343 Date: February 10, 2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER KEVIN ET AL VS RAUDABAUGH JUANITA CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the RAUDABAUGH JUANITA DEFENDANT , at 50 DEVONSHIRE SQUARE at 1829:00 HOURS, on the 27th day of February , 2003 MECHANICSBURG, PA 17055 JUANITA RAUDABAUGH 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 18.00 Service 15.18 Affidavit .00 Surcharge 10.00 .00 43.18 Sworn and Subscribed to before me this ~ ~ day of ~ ~3 A.D. /~thonot ary So Answers: R. Thomas Kline 02/28/2003 SHOLLENBERGER & ~J~UZ Z I ~ By: ~/~~ \05_A\LIAB\TJM~LLPG\I 19059klMl~ 15000X50000 KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs JUANITA RAUDABAUGH, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-170 CIVIL TERM CIVIL ACTION - LAW JURY TR])kL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Juanita Raudabaugh, in the above-referenced matter. DATE: M c/4 /2,/'/CJ~ BY: Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLfMAN ~ C~GGIN I.D. No. 5 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 65 I-:t505 Attorney for Defendant KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs Vo JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-170 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this \~hday of March, 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road PO Box 60545 Harrisburg, PA 17106-0545 oan~e M. Parr \05 A\LIAB\TJM\LLPG\I 19290'dMFk21246\00275 KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs Vo JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-17() CIVIL TERM CIVIL ACTION - LAW JURY TRDkL DEMANDED STIPULATION It is hereby stipulated by and between the parties that Paragraph 10(k) of Plaintiffs' Complaint is hereby withdrawn, with prejudice. Attorney for Plaintiffs 5it2°r}~h?y JjoM~r I~f~nd na~tEsquire KEVIN SHEAFFER and LORI SHEAFFER, his wife, Plaintiffs Vo JUANITA RAUDABAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-170 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 15th day of April, 2003, served a copy' of the foregoing document via First Class United States mail, postage prepaid as follows: Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road PO Box 60545 Harrisburg, PA 17106-0545 ~(~oanne M. Parr