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Home My WebLink About98-01757 I , , ~I ~l I I >11 I /2' ~I . c:: I '"31 ~I , , i i i I ~ 'J C'-: lr);: N, ..........~ ., ~; ,.' o <': ,." , 1 1 SAlOIS. SHUFF & MAS LAND AnmMtn.ATtUW 36 W, Hlsh SI'''' Co,II,le, P^ ANGELA R. WINTERS AND SCOTT R. WINTERS, Plaintiffs IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CLIF'FORD I,EB WELLS, Defendant CIVIL AC'rION - LAW NO. 98- CIVIL TERM JURY TRIA!., DEMANDED COMPLAIN'l' AND NOW, come the Plaintiffs Angela R. Winters and Scott R. Winters, by dnd through their attorneys Saidis, Shuff & Masland, and represent as follows: 1. Plaint iff, Angela R, Winters, is an adult individual residing at 1114 Pheasant Drive North, Carlisle, Pennsylvania. 2. Plaintiff, Scott R. Winters, is an adult individual residing at 1114 Pheasant Drive North, Carlisle, Pennsylvania. 3. Defendant, Cl ifford Lee Wells, is an adul t individual residing at 21 South Pitt Street, Carlisle, Pennsylvania. 4. The occurrence hereinafter related took place on October 26, 1996 at approximately 1:45 p.m. on Spring Road, also known as State Route 34, near the K Street intersection, in the Borough of Carlisle, Cumberland County, Pennsylvania. 5. At the aforementioned time, Plaintiff, Angela R. Winters was operating a 1994 Chevrolet Corsica with Pennsylvania vehiQle registration LZR654, and vehicle ident i Ucation number 47278455001. 6. At the aforementioned time Defendants Cl ifford l,ee Wells was operating a 1980 Datsun pickup truck with Pennsylvania vehicle registration ZG43B5l and vehicle identification number 32667755206. 1 SAlOIS, SHUFF & MASLAND ~r. 26 w, "11h SlrH' Colrll.I., PA 2l. The negligence, carelessness and recklessness of the Defendant consisted of the following: a. Failing to keep the vehicle under proper control; b. Failing to avoid collision with Plaintiff~' vehicle; c. Failing to maintain an adequate lookout; Failing to observe stopped traffic; Failing to use caution when approaching a red traff i,c signal; Failing to stop; Failing to proper! y apply the brakes; d. e. f. g. h. Operating the vehicle without due regard for the rights, safaty, well being and position of the Plaintiffs' vehicle under the aforesaid circumstances; i. Operating the vehicle and disregarding the rules of the road, ordinances and laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaint.iffs respectfully request the Court to enter judgment in favor of Plaintiffs and against Defendant in an amount in excess of Twent.y Five Thousand and 00/100 ($25,000) Dollars, together with interest and costs and such other and further relief as the Court deems just and appropriate. COUNT II 22. Faragraphs 1 through 21 are incorporated by reference as though fully set forth herein. 4 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss I verify that the tltatements made in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties ofl8 Pa. C. S. Sect.ion 4904, relating to unsworn falsifioation to aut.hori ties. DATED: ..:.3// J;hX' , SAlOIS. SHUFF & MAS LAND ATI'OataVl.AT"UW 16 W. H1lh Stree. C.rl/'I.. PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the stacements made in this Complaint are true and correct. I understand that false statements herein are made subject tc the penalties of 18 Fa. e.s. Section 4904, relating to unsworn falsification to authori ties. DATED: 311Jhrr ~;tf f. IV;..;r;~ Scott R. Winter.s , COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA R. WINTERS and SCOTT R. WIN'rERS v. : FILE NO. 98-1757 CLIFFORD LEE WELLS CERTIFICA TE fREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RU~E 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009,22, Defendant, certifies that: 1, A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the Subpoena is sought to be served, 2, A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, 3, No objection to the Subpoena has been received, and 4. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Seive the Subpoena. DATE: 8/3/98 7" "! {~h~;~;O~ \'/~n'~;~~Q~~~/ ATTORNEY FOR DEFENDANT EXPLANATION_OF REQlI!BE[tRECOR~ TO: Custodian of Records For: Carlisle Hospital 246 Parker Street Carlisle, PA 17013 ANY AND ALL MEDICAL RECORDS, OFFICE NOTES, CORRESPONDENCE, MEMORANDUM, INSURANCE FORMS, PROGRESS NOTES, REPORTS OR OTHER DOCUMENTS RELATING TO ANY EXAMINATION, CONSULTATION, CARE OR TREATMENT, DATES REQUESTED: SUBJECT: SOCIAL SECURITY #: DATE OF BIRTH: Up to and Including the Present Angela R. Winters 174.52.0340 08/17/66 ,! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA R. WINTERS and SCOTT R. WINTERS v. : FILE NO. 90-1757 CLIFFORD LEE WELLS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009-,22, TO: Charles L. Stoup, DDS Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: SEE ATTACl::t~Q at the offices of Nealon & Gover, 301 Market Street, 9'h Floor, Harrisburg, PA 17101, You may deliver or mail legible copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, YOll have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after its service, the party serving this Subpoena may seek a Court Order compelling you to comply with It. This Subpoena was Issued at the request of the following person: Christopher J. Knight, Esquire 301 Market Street, 9'h Floor Harrisburg, PA 17101 717-232.9900 Attorney for Defendant BY THE COURT: DATED: PROTHONOTARY Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ANGELA R, WI~JTERS and SCOTT R. WIN'rERS v, : FILE NO. 98.1757 CLIFFORD LI:1E WELLS ~UBPOENA TO PRODUCE DOCUMENTS OR THINGS fOR DISCOVERY PURSUANT TO RULE 4009,22, TO: Orthopaedic Surgery of Carlisle, L TO Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: seE ATTACHED at the offices of ~ealon & Gover, 301 Market Street, 9'" Floor, Harrisburg, PA 17101, You may deliver or mallle~lble copies of the documents or produce things requested by this Subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above, You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sOllghl. If you fail to produce the documents or things required by this Subpoena within twenty (20) days after Its service, the party serving this Subpoena may seek a Court Order compelling you to comply with II. This SUbpoena was Issued at the request of the following person: Christopher J. Knight, Esquire 301 Market Street, 9'" Floor Harrisburg, PA 17101 717.232.9900 Attorney for Dsfendant BY THE COURT: DATED: PROTHONOTARY Seal of the Court '" ~. " o:~ (:;; \'-:: i ,- (,Ii , :'_":'l d-" ~1 ~..;,. () ;;~~ , 8.:: , "I :j " -,) , , -....... I._j \0 SJJ. U.' (,..) ,'I ~:: , , (i f-l C\_i Lt,l i ;-'j (,\.,. C.:i .." 1,1_, Q ') (_..1 c;) 0