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Home My WebLink About98-04324 I i ~I .~ I t:, I ~i I ~l j *" ':li;",. "'i[;l" " ,. 'b ''''('r, --,~ ~... 'i\ . ~'\ c.J"\ '\ . , I j I , 1 , 'i~ } ::i ;>; ;;:', ,~.s,:~'" Xl'~'jY:; 'I j .I I I ( ... ~>j - ;), ~, ~,.., ~' ~..'" " ~! ~ ~, ,"". 7, Mr, Charette hit his brakes and attempted to slop his vehicle in order to avoid a collision with Defendanl's vehicle, causing Mr, Charette's vehicle to veer to the right side of the road, 8. After skidding approximately 40 feet, Mr, Charette's vehicle struck Dcfendant's vehicle, 9. After the impact, Defendant's vehicle spun counterclockwise 180 degrees and came to rest in the right hand lane, 10. Mr, Charette's vehicle spun clockwise 45 degrees, struck the traffic signal pole and came to rest in the grassy area, II. The force of the collision caused Mr, Charette's head to snap forward and then back causing injuries to Mr, Charette's neck and back, including trapezius muscle strain, 12, The collision also caused Mr, Charette's head to hit the side window, 13, At the time of the accident, Defendant was operating his vehicle at a speed in excess of that which was safe for the conditions of the roadway, 14. Immediately after the accident, the Hampden Township Emergency Service ambulance arrived, After being strapped onto a backboard and immobilized, Mr, Charette was transported by ambulance to the Emergency Department of Holy Spirit Hospital in Camp Hill, Pennsylvania, 15, When Mr, Charette was transported via ambulance to Holy Spirit Hospital, he complained of neck pain and headache, 2 . -' ~' 16. At the Holy Spirit Hospital emergency room, Mr, Charette was examined by Dr, Thellnor, who ordered x-rays of Mr, Charette's cervical spine and lumbar spine, 17. Based upon Mr, Charette's subjective complaints and x-rays, Dr, Thellnor diagnosed Mr, Charette's condition as cervical lumbar strain, 18, When Mr, Charette left the emergency room he was advised by Dr. Thellnor to take the following course of treatment: (I) take 600 mg of Motrin every six (6) to eight (8) hours as needed for pain; (2) to expect the pain to persist in his neck and back for several days; (3) to follow up with Dr. Potter if the pain lasted more than one week; and (4) to retum to the emergency room as needed, 19, Following the accident, Mr, Charette continued to suffer pain in his neck and in his trapezoid area for several weeks, 20, On January 18, 1997, Mr. Charette sought further medical attention from Dr, G, Bagian, M,D, at the AppIe-A-Day medical center on Harrisburg Pike in Carlisle, 21. Dr, Bagian diagnosed Mr, Charette's condition as trapezius strain physical therapy, 22, On January 20, 1997, Mr, Charette attended his first session Pro Care Rehabilitation Center, 23, At that time Mr, Charette continued to experience neck symptoms of deviations, 24. Mr, Charette attended physical therapy three times a week for several weeks, ' 3 STEPHEN M, CHARETTE, 4900 Creekview Road, Meehaniesburg, Pennsylvania 17055, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, CIVIL ACTION NO, yr- L/..3;)..l( , au~ ROBERT R, EDMISTON, 484 Brighton Place, Mechanicsburg, Pennsylvania 17055, Dcfendant ARBITRATION DEMAND NOTICE TO DEFEND 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 attomey 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 LA WYER 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. EOORD Cumberland County Bar Association TRUE f.iI:)PV FROM R hnl 2 Liberty Avenue In T iStil'OOl1y' wh!lf9Of, I oore unto !Ul my Carlisle, P A 17013 and ttx! se~ of said oort at j.':arllskl, "'-:V- (717) 249-3166 T . . Y I LG, 19-+1)- NO'TICIA USTE A SIDO DEMANDADO/A EN CORTE. Si listed desea defenderse de las dcmandas que se prcsentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personal mente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demand as presentadas aqui en contra suya, Se Ie advierte de qlle si listed falla de tomar accion como se describe anteriormente, el caso puede proceder sin listed y un fallo por cualquier suma de dinero rccIamada en la demanda 0 cualquier otnl reclarnacioIl 0 rell1edio solicitado por el demand ante puede ser dictado en contra suya por la Corte 7, Mr, Charette hit his brakes and attempted to stop his vehicle in order to avoid a collision with Defcndant's vehiclc, causing Mr, Charette's vchicIe to vecr to the right sidc of thc road, 8. After skidding approximately 40 feet, Mr, Charette's vehicle struck Defendant's vehicle, 9, After the impact, Defendant's vchicle spun counterclockwise 180 degrees and canle to rest in the right hand lane, 10, Mr, Charette's vehicle spun clockwise 45 degrees, struck the traffic signal pole and came to rest in the grassy area, I 1. The force ofthe collision caused Mr, Charette's head to snap forward and then back causing injuries to Mr, Charette's neck and back, including trapezius muscle strain, 12. The collision also caused Mr. Charette's head to hit the side window. 13. At the time of the accident, Defendant was operating his vehicle at a speed in excess of that which was safe for the conditions of the roadway, 14. Immediately after the accident, the Hampden Township Emergency Service ambulance arrived, After being strapped onto a backboard and immobilized, Mr, Charette was transported by ambulance to the Emergency Department of Holy Spirit Hospital in Camp Hill, Pennsylvania, 15, When Mr, Charette was transported via ambulance to Holy Spirit Hospital, he complained of neck pain and headache. 2 16, At the Holy Spirit Hospital cmergcncy room, Mr, Charette was examined by Dr, Thellnor, who ordered x-rays ofMr. Charette's cervical spine and lumbar spine, 17, Based upon Mr, Charette's subjective complaints and x-rays, Dr. Thellnor diagnosed Mr, Charette's condition as eervicallumbar strain, 18. When Mr, Charette lell the emergency room he was advised by Dr, Thellnor to take the following course of treatment: (I) take 600 mg of Motrin every six (6) to eight (8) hours as needed for pain; (2) to expect the pain to persist in his neck and back for several days; (3) to follow up with Dr, Potter ifthe pain lasted more than one week; and (4) to return to the emergency room as needed, 19, Following the accident, Mr, Charette continued to suffer pain in his neck and in his trapezoid area for several weeks, 20. On January 18,1997, Mr, Charette sought further medical attention from Dr. Robert G, Bagian, M,D, at the Apple-A-Day medical center on Harrisburg Pike in Carlisle, Pennsylvania, 21. ,Dr, Bagian diagnosed Mr, Charette's condition as trapezius strain and prescribed physical therapy, 22, On January 20, 1997, Mr. Charette attended his first session of physical therapy at Pro Care Rehabilitation Center, 23, At that time Mr, Charette continued to experience neck symptoms of postural deviations, 24, Mr, Charette attended physical therapy three times a week for several weeks, 3 . .'-,."P._..".,,-,,~--... 2, Insurancc, If you Hrc covcrcd by Hny typc of insumncc, including Hny cxccss or umbrcllH insurancc, thHtmight bc Hpplicablc to thc incidcnt in this mHltcr, statc thc following with rcspcct to cHch such policy, (H) Thc nHmc oftllc insurnllCC cnrricr which issucd thc policy; (b) Thc nHmed insured undcr eHch policy Hnd the policy number of each policy; (c) Thc type(s) and effective dHte(s) of each policy; (d) The amount of covernge provided for injury to eHch person, for each oecurrcnce, Hnd in the HggregHte for eHch policy; Hnd (c) EHch exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if Hny, why you or the carrier claim the exclusion is applicHble. ANSWER: -4- ,,<':',_,~~~~r-~;;:':;~ 10, Trial preparation material. If you or someone not an expert subjeel to Pa,R,C,P, No, 4003,5, conducted any investigations of lhe incident, identi fy: (a) Each person, and the employer of each person, who eondueled any investigation(s); and (b) All noles, reports or other documents prepared during or as a result of the invesligation(s) and the persons who have custody thereof, ANSWER: -12- 15. Motor vehicle infom1ation, With respeet to all motor vehicles involved in the incident, state: (a) the identities of the owner(s) and operator(s) of eaeh vehicle; (b) the identity ofthe passenger(s) in eaeh vehicle, ifany; and (c) the make, model and year of each vehicle, ANSWER: -17-