HomeMy WebLinkAbout01-4504VINCENT A. KENNEDY and
MARGARET F. KENNEDY,
Plaintiffs
DOUGLAS J. WAGNER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- qS-~)/'/ CIVIL TERM
CIVIL ACTION-LAW
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 an 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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
VINCENT A. KENNEDY and
MARGARET F. KENNEDY,
Plaintiffs
DOUGLAS J. WAGNER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- ~IL-~c~ CIVIL TERM
CIVIL ACTION-LAW
COMPLAINT
AND NOW, come the Plaintiffs, Vincent A. Kennedy and Margaret F. Kennedy,
by and through their attorney, Michael A. Scherer, Esquire, and respectfully represent
as follows:
1. The Plaintiffs are Vincent A. Kennedy and Margaret F. Kennedy, who are
adult individuals, husband and wife, who reside at 9 Flagstone Drive, Carlisle,
Cumberland County, Pennsylvania.
2. The Defendant, Douglas J. Wagner, is an adult individual who resides at
22 Big Spring Terrace, Newville, Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter set forth occurred on or about
August 10, 1999 at about 11:45 a.m. at the intersection of McClure's Gap Road and
VVillow Grove Road in North Middleton Township, Cumberland County, Pennsylvania.
4. At the aforesaid time and place, the Plaintiff, Vincent A. Kennedy, was
traveling east on Willow Grove Road and the Defendant, Douglas J. Wagner, was
traveling south on McClure's Gap Road.
5. After the Plaintiff, Vincent A. Kennedy, stopped at the stop sign at the
intersection of Willow Grove Road and McClure's Gap Road, he began to pull his
vehicle into the intersection, when 'the vehicle begin operated by the Defendant,
Douglas J. Wagner, approached the intersection on McClure's Gap Road at a high rate
of speed and collided with the vehicle being operated by Vincent A. Kennedy.
The accident was caused as a result of the negligence of the Defendant in
that he:
drove his vehicle at a speed greater than was reasonable and
prudent under the conditions then existing; and,
operated his vehicle at a speed in excess of that which would have
allowed him to stop his vehicle within the assured clear distance
ahead; and,
operated his vehicle at a speed in excess of that which was safe
and appropriate when approaching a hill crest.
7. As a result of the aforesaid accident, Plaintiff suffered serious and
permanent injuries, which include the following:
cervical, lumbar and left shoulder strain;
left shoulder contusion;
musculoskeletal pain;
multiple contusions;
severe shock to nerves and nervous system.
8. As a result of his injuries, Plaintiff was forced to receive medical treatment
and physical therapy and he will continue to need medical treatment in the future for his
injuries.
9. As a result of his injuries, Plaintiff missed approximately 3 days from his
employment as a laborer at Ingersoll-Rand in Shippensburg, Pennsylvania and suffered
a permanent diminution of earning power and capacity.
10. As a result of the aforesaid accident, Plaintiff has in the past and in the
future will undergo pain and suffering, loss of life's pleasures, inconvenience and
anxiety.
11. The Plaintiff Margaret F. Kennedy is the wife of Vincent Kennedy and as a
result of the aforesaid accident, she has suffered and will suffer a loss of consortium,
sex, society and services of her husband due to the injuries sustained in the above
accident.
WHEREFORE, Plaintiffs demands judgment against Douglas J. Wagner for
damages, costs and delay damages in an amount in excess of the limits requiring
compulsory arbitration.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mich'~el A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dirlgenlit/kennedylcomplaint, pld
VERIFICATION
The statements in the foregoing Complaint are based upon information which
has been assembled by my attorney in this litigation. The language of the statements is
not my own. I have read the statements; and to the extent that they are based upon
information which I have given to my counsel, they are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to
authorities.
Vincent A. Kennedy
¥
~rgaret F. Kenn~y
VINCENT A. KENNEDY and
MARGARET F. KENNEDY,
Plaintiffs
DOUGLAS J. WAGNER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-4504 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Please reinstate the Complaint filed in the above-captioned matter on July 26,
2001.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
I.D. # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dlr/genlitJkennedylreinstate.pra