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Home My WebLink About97-06774 I I I I .... I',: ,.... '/1" , , 0::;",. C.J. (,,: ~ ; j "-',' - , 0.::" r' f.1, (.J l"'":' "d.; I';: ,. k" ..., '1; 0) 0' "'.1/ f '."r u j (.J /I '/ :' ...1 (,) SUSAN and RICHARD SHAPPNER, Plaintif f s v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, CIVIL AC'l'ION- LAW NO. 'J'!' ,~ '/ /'1 (,,'.(' /,.., JURY TRIAL DEMANDED CHARLES PEPPLEY, Defendant COM P L A I N T 1. Plaintiffs Susan and Richard Shaffner are husband and wife, adult individuals, residing in Mount Holly Springs, Cumberland County, Pennsylvania, 2. Defendant Charles Peffley is an adult individual and citizen of the Commonwealth of pennsylvania, who resides at 303 pine Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065, 3, The facts and occurrences hereinafter related took place on or about September 7, 1996, at approximately 9:00 a.m. on Pine Road, directly in front of Defendant Charles Peffley's residence at 303 pine Road, Mount Holy Springs, Cumberland County, Pennsylvania, 4, At that time and place, Plaintiff Susan Shaffner was operating her Mitsubishi truck on pine Road, approaching the area in front of Defendant Charles Peffley's residence at 303 Pine Road. 5. At the same time, Defendant Charles Peffley was operating a Dodge pick-up truck, while he was exiting his driveway, 6, Defendant Charles Peffley failed to observe Plaintiff Susan Shaffner's Mitsubishi truck as he was exiting his driveway 1 and caused his vehicle to collide into Mrs, Shaffner's Mitsubishi truck. 7, '1'he foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Susan and R:Lchard Shaffner are the direct and proximate result of the negligent / careless / wanton, and reckless manner in which Defendant Charles Peffley operated his motor vehicle as follows: a. Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on pine Road; b, Failure to apply his brakes in sufficient time to avoid striking Plaintiff Susan Shaffner's vehicle; c, Failure to )<eep a proper watch for traffic on pine Road; d. Failure to keep proper and adequate control over his vehicle; e, driving his vehicle upon his driveway and entering a roadway from his driveway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of pennsylvania; !:1.AIM I Susan Shaffner v, Charles Pefflev 8, Paragraphs 1 through 7 of the Complaint are incorporated herein by reference. 2 9, Plaintiff Susan Shaffner sustained painful and severe injuries, which include, but are not limited to, significant neck and upper back pain, acute thoracic and cervical strain, chest pain from delayed costochondritis, chronic neck pain, chronic headaches, an aggravation of her pre-existing early degenerative changes at C5-6 and C6-7, post traumatic impinSjement syndrome of the left shoulder, and ulnar neuritis of the left elbow. 10. By reason of the aforesaid injuries sustained by Plaintiff Susan Shaffner, she was forced co incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor, 11. Because of the nature of her injuries, Plaintiff Susan ShaFfner has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor, 12, As a result of the aforementioned injlJries, plaintiff Susan Shaffner has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor, 3 13, As a result of the aforesaid injuries, Plaintiffs Susan Shaffner has been and in the future will be subject to humiliation and embarrassment, and claim is made therefor. 14, As a result of the aforementioned injuries, Plaintiff Susan Shaffner has sustained some work loss and may sustain a permanent diminution of her earning power and capacity, and clai,m is made therefor. 15, Plaintiff Susan Shaffner continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor, CLAIM II Richard Shaffner v, Charles Peffley 16, Paragraphs 1 through 15 of the Complaint are incorporated herein by reference, 17, As a result of the aforementioned injuries sustained by his wife, Plaintiff Susan Shaffner, Plaintiff Richard Shaffner has been and may in the future be deprived of the care, cumpanionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor, WHEREFORE, Plaintiffs Susan and Richard Shaffner demand judgment against Defendant Charles P8ffley in an amount in excess 4 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN and RICHARD SHAFFNER, Plaintiffs NO. 97-6774 vs. CHARLES PEFFLEY, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of George H. Eager of the Law Firm of George H. Eager as attorney of record on behalf of Defendant Charles Peffley, in the above captioned action. LAW FIRM OF GEORGE H. EAGER ./'// // L BY: . ) George H. Eage~Esquire Attorney for Defendant I.O. No. 27740 1347 Fruitville pike Lancaster, PA 17601 (717) 290-7971 I I 't , CER'fIFICA'fE 01' SERVICE I HEREBY CERTIFy that I have this day served a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW FIRM OF GEORGE H. EAGER DATE: 1[)/8a/97 BY: Geo ge H. Eage Esquire Attorney for Defendant I.D. No. 27740 1347 Fruitville Pike Lancaster, PA 17601 (717) 290-7971 ';' , ill\! "'.Ilun llll...UlIllllUll nllu~ Ul ~,UlllUIIIIUllU LUllHL~, ll:Hll~.1 II ,III III 'SU!;bTl And Ricll/lrd Shaffner VS. Charles Peffley Nq. '17-67711 rivil 'I'Arm 19_ Now, _ Dee. 17. Lebanon 199719_.1 SHERIff Of' Cl'MBERLA:-''P COl'NT)', (1,.\. dq bmb~' deputize tbe SberllTof County to e~ecute this Wrlt,lbls depulullon being mude nt tbe request nnd rlsl, or tbe PlulntlO'. ,.>V' ~ .' ,...,' .,..",,- . ,'''' /'.i::::t,~".)_.....;< 'r"~.u SberlO'ofCumberlund Coun~'. Pu. Affldllvit of Service Now, 'i::>e <:.."",/,., ,- /'1 19 :11 ,ot wltbln {lc".n)..,,,'1- V- )),,1,,:,,- upon CI. A-,:/~:> n r-:r:'/. '/ nt 11(, Po./,.. j.",,<- :tt'h(1",., I::J by bnndlng to ,5''''''''''','lL P<-PP/"i, ,,,,j',,.. ottested copy of the original ('.. '" /) 1(1 . '.. -I- 'J/ ,1;,.1, '", " i e v the contents therea'f. ~,,"7 o'dock P M.serl'ed tbe a true and nnd made knQwn ta 51) answers. .... Coun!)., Pa, .. COSTS " Sllorn and lub,crlb.d bef,), ~-?.7~~~y of SERVICE ,.;11/, .U: s ~lILEACE ,..;, 1/0 ----Hnp WIT .?~" I'" ~Il; I ,~I(I;';I"':I AL , , "I.AN(( I '~r,;~'II~\,1, "/,!,:I'{ rlJ~lk i ., 'I.~Lr:J_~II' l~,t~.r'\"1 Lt 1:'\, i .'J/ ('I rI'I,f'.!'i~f!.'! ,', "N"7~-~l\ ,.. '-~__, 19 '11 S ..2(j,(.~- 0/' Ai- f.,,, ./ I known or rendlly obtained Is Insufflclont to enable him to admit or deny the requested admission. Defendent may not obleot to a requested admission on grounds that the request prosents a genulna Issuo for trial. Plaintiffs, by their attorllo1Y,~, Anglno & Rovner. P.C" hereby request that Dafendant Charlas Peffley admit the following faots pllrsuent to Rllle 4014 of the Pennsylvania Rllles of Civil Prooedure: 1. Do you admit that on September 7, 1996 thet YOll resided at 303 Pine Road. Mount Holly Springs, Cumbarland County, Pennsylvania? 2. Do you admit that on Septembor 7. 1996. at approxlmataly 9:00 a.m., you wara operating a Dodga pickup truck In YOllr drlvaway? 2 ,>. (0 ',. il; .:' " ", ,.. (.,~: " IUf:' ()o: f L, I~ "0) L'.. <.;} ~, ".oJ '}l', [I" , [ll!,: ' .' " " . 1..1.. I 0- r'r (T1 ") ~~ WI ,) ...., .-. fJ: -" i::-: ft'~ U I!, , . (1- ',-, i';' , , l,t (,)1 Cl: ""oj ~:'L . : ll.. " , " . [' I.J. (,:: " () lJ\ (_"J - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN and RICHARD SHAFFNER, Plaintiffs NO. 97.6774 vs, CHARLES PEFFLEY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original of Int~rrogatories of Defendant Addressed to Plaintiff upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW FIRM OF GEORGE H. EAGER DATE: J)':;d!9? /~/ ~/ .-/ , f;'::, f~ .' .. , 1I ~ v: .. , Il~> , ....,l; ( ., ,il' I....! II:! I " .' (") \yJ , 1.'\ ; >. ,.. IX; j~'~ , " 1111, (~J ('~ " I' f-j1 rf: ~~, I -. \.',; " '.)1 II' 1.1_ I " I' n (.J ("I', <.l 3. Do you admit that you pulled your Dodga plek-llp truck from your driveway dlractly Into the path of Mrs. Shaffner's Mltsublshl truck? 4, Do you edmlt that after the motor vehicle accident you advlsad Mrs, Shaffner that you wara "sorry" and that YOll did not soe Mrs. Shaffner's vahlcle before Impact? Respectfully submitted, ANG/NO & ROVNER, P.C, Dated: ~j,6'/qr d~j:u,ro /,0, #36966 4603 North Front Straat Harrisburg, PA 17110 Attornays for Plaintiffs 3 ..,. 1':" ,. ri"; ..: -l ,.. " " UtI'. ('; ! ," (l..l. , ,- I.'H I'. , 5): [-'" <'J W" , " ... I "" " I L,. ,'- f':1 ) l.J U' l..), IN TH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUSAN and RICHARD SHAFFNER, Plaintiffs NO, 97-6774 va. CHARLES PEFFLEY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICm I HEREBY CERTIFY that I have this day served a true and correct copy of Defendant's Response to Plaintiff's Request for Admissions Directed to Defendant Charles Peffley - Set II upon the person set forth below and in the manner indicated: First class mail, postage pre-paid: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 LAW FIRM OF GEORGE H, EAGER DATE: &/,]l, /'i~ ) /,} George fr, Eager ,,/Esquire Attorney for Defendant I , D. No. 27740 1347 Fruitville pike Lancaster, PA 17601 (717) 290-7971 BY: ~ i I -, f I~ '"" - , I, ',t; 1'1', '- J' " I".' I:" \'1 ',"I Cl , ",I' ""I! r~", ; I 1.1.. " i , II, ~~'~ :;, ~ f,.J ~) ., . ~ OF PE1lNSYLVJ\NIA COONrY OF 0IMBffiLAND SUSAN and RtCIWlJJ SHAFF~ER, PlaintiHa va, Fi Ie No. 97"6774 CIL\RLES PEFFLEY, Defendant StJBPOENA TO PRcx:o:e [)OO.M;tfrS OR TH I NGS FOR D' SOOVERY PURSUANT TO RULE 4009.22 TOI Masland Associates, tnc" Medical Arta Building, 220 Wilson Strsot, Carlisle, PA, 17013 (Nane of Person 01" Ent i ty) Within twenty (20) days after service of this subpoena, you are ordered by the court tc produce the following ckx:unents or things: see attached addendum st Law Firm of George H. Eager, 1347 Fruitville Pike, Lancaster, PA, l7601. (Address) You may deliver or mail legible copies of the docunents or produce things req'Jestec:i h~ this subpoena, together ~lith the certificate of COTPliance, to the party making thi~ request at the address listed above, You have the right to seek in advance the reasonabl~ cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena within t~ent} (20) days after its serv~ce, the party serving this sub~ena may seek a court order o::rrpe I , i ng you to c:x:rTlJ 1 y with it, N>>E: THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOl.LCWING PERSON: George H, ~ager, Esquire ADORESS: 1347 Fruitville Pike Lancaster, PA 17601 TELEPHJNE' (717) ?Qn_7Q71 SU'REI-E CXlURT 10 II, '7nn ATTORNEY FOR: Defendant BY 'TrE CXlURT: DATE: ProthonotarY/Chrk. Civil Division Sea 1 of the Court Deputy (Eft. 7/97) Ii ,~ If) t" , ..'.1 (" " " 1(" f': , l); I', Ii.. ~i: [;1, .--:\ I Lit ( Lo. , L' . " ", . '- , U' ( )