HomeMy WebLinkAbout01-1066 FX
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HARRY G. BANZHOFF and
JOAN F. BANZHOFF,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY, PA
v.
NO, 01 - 10/..,.I- C,'u~l ~~
TIFFANY R. STEELE,
Defendant
CML ACTION - LAW
JURY TRIAL DEMANDED
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 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
rellef requested by the Plaintiff(s). 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
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NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo
al partir de la fecha de la demanda y la notificacion. Usted debe presentar una
apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUPICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUlR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
:248090_
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HARRY G. BANZHOFF and
JOAN F. BANZHOFF,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERlAND COUNTY, PA
v.
NO. 01- lOt., {. (!u;J ~
TIFFANY R. STEELE,
Defendant
CML ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Harry G. Banzhoff and Joan F. Banzhoff,
by and through their attorneys, Mette, Evans & Woodside, P.C., and file this Complaint,
averring as follows:
1. Plaintiff, Harry G. Banzhoff ["Mr. Banzhoff'], is an adult individual
residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania
17055.
2. Plaintiff, Joan F. Banzhoff ["Mrs. Banzhoff'], is an adult individual
I
residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Defendant, Tiffany R. Steele, is an adult individual residing at 806
Grantham Road, Grantham, Cumberland County, Pennsylvania 17027, and with a
mailing address of P.O. Box 176, Grantham, Pennsylvania 17027.
4. The accident hereinafter related took place on June 7, 1999, at the
intersection of the Gettysburg Pike and W, Lisburn Road, at or about 12:30 p.m. in
Upper Allen Township, Cumberland County, Pennsylvania.
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5, -f't the aforesaid tim~ and place, Plaintiff Mrs, Banzhoff was driving
1
a 1991 Oldsmobile 88 oWned by Plaintif~s.
1 1 I
6. At the aforesaid tim~ and place, Plaintiff Mr. Banzhoff was a
passenger in the backseat of the vehicle driven by Mrs, Banzhoff.
7. At the aforesaid time and place, Defendant Steele was driving a
1994 Ford Mustang and was stopped on W. Lisbum Road, facing west at the stop sign at
the intersection with the Gettysburg Pike.
8. At all times relevant hereto, Plaintiff Mrs. Banzhoff operated her
vehicle on a highway exercising due and reasonable care under the circumstances.
9. At the aforesaid time and place, Plaintiff Mrs. Banzhoff lawfully
drove her vehicle north on the Gettysburg Pike.
10. At the aforesaid time and place, Defendant Steele failed to yield the
right-of-way to Plaintiff Mrs. Banzhoffs vehicle, which was traveling on a through
highway.
11. At the aforesaid time and place, Defendant Steele negligently,
carelessly, and recklessly crashed her vehicle into Plaintiff Mrs. Banzhoffs car, causing
serious injury to Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff as hereinafter related.
12, As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
sustained serious injuries, including:
a. left shoulder injury;
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b. left shoulder impingement syndrome;
c. impingement on the left rotator cuff at the level of the
acromion;
d. traumatic subdeltoid bursitis of the left shoulder;
e. right knee injury; and
f. left arm bruises.
13. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
has and continues to suffer from left arm and shoulder pain; difficulty sleeping due to
pain; and knee pain.
14. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
was treated at the hospital, received two cortizone injections into the left shoulder,
underwent physical therapy, and had an MRl arthrogram.
15. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
has sustained and may sustain the following damages:
a. Past and future pain and suffering;
b. Past and future mental anxiety; humiliation and
embarrassment;
c. Past and future incidental costs;
d. Past and future loss of life's enjoyment; and
e. Past and future medical expenses.
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16. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff
sustained serious injuries, including:
a. hematoma of the right antecubital fossa and forearm area;
b. bruised knee;
c. strain of the medial collateral ligament of the left knee; and
d. hematoma of the chest.
17. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff
has and continues to suffer from knee pain and arm pain.
18. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff
was treated at the hospital, underwent physical therapy and had to use repeated, warm
wet soaks on the hematoma.
19. As a direct result of the aforesaid accident, Plaintiff has sustained
and may sustain the following damages:
a. Past and future pain and suffering;
b. Past and future mental anxiety, humiliation and
embarrassment;
c. Past and future incidental costs;
d. Past and future loss of life's enjoyment; and
e. Past and future medical expenses.
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Count I
Harry G. Banzhoffv. Tiffany R. Steele
NEGLIGENCE
20. Paragraphs 1 through 19 are incorporated herein by reference as
though fully set forth.
21. The aforesaid accident was directly and proximately caused by the
negligence, carelessness, and recklessness of Defendant Steele, which included the
following:
a. Failing to have her motor vehicle under the proper control so
as to stop said vehicle within the assured clear distance
ahead;
b. Operating her motor vehicle without due regard to the rights,
safety and position of the Plaintiff;
c. Failing to have her motor vehicle under the proper control so
as to prevent the vehicle from striking Plaintiffs' motor
vehicle;
d. Failing to keep an alert and proper lookout;
e. Failing to notice the motor vehicle of the Plaintiffs;
f. Failing to take evasive action in order to avoid impacting
with Plaintiffs' vehicle;
g. Failing to apply her vehicle's brakes in sufficient time to avoid
striking Plaintiffs' vehicle;
h. Operating her motor vehicle in disregard of the rules of the
road, the ordinances of Upper Allen Township, and the laws
of the Commonwealth of Pennsylvania, including but not
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limited to the Motor Vehicle Code, 75 Pa. Con. Stat. Ann.
993361,3362, and 3323(a), (b);
i. Driving away from a stop sign and then driving into Plaintiffs'
motor vehicle;
j. Failing to yield to the right of way to a motor vehicle
(Plaintiffs' motor vehicle) which was on a through highway;
k. Failing to be attentive to other motor vehicles on the
highway;
1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff;
m. Operating her vehicle at a speed that was too fast for the
conditions; and
n. Failing to operate her motor vehicle in a safe manner in the
area of an intersection;
22. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs,
Banzhoff acted with due care and were not contributorily negligent.
23. As a direct result of the negligence, carelessness and recklessness of
Defendant Steele as set forth herein, Plaintiff Mr. Banzhoff sustained injuries and
damages as set forth above.
WHEREFORE, Plaintiff, Harry G. Banzhoff, demands judgment in his favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interest and such other and further relief as the Court deems just
and appropriate.
-6-
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Count II
Joan F. Banzhoffv. Tiffanv R. Steele
NEGLIGENCE
24. Paragraphs 1 through 23 are incorporated herein by reference as
though fully set forth.
25. The aforesaid accident was directly and proximately caused by the
negligence, carelessness, and recklessness of Defendant Steele, which included:
a. Failing to have her motor vehicle under the proper control so
as to stop said vehicle within the assured clear distance
ahead;
b. Operating her motor vehicle without due regard to the rights,
safety and position of the Plaintiff;
c, Failing to have her motor vehicle under the proper control so
as to prevent the vehicle from striking Plaintiffs' motor
vehicle;
d. Failing to keep an alert and proper lookout;
e. Failing to notice the motor vehicle of the Plaintiffs;
f. Failing to take evasive action in order to avoid impacting
with Plaintiffs' vehicle;
g. Failing to apply her vehicle's brakes in sufficient time to avoid
striking Plaintiffs' vehicle;
h. Operating her motor vehicle in disregard of the rules of the
road, the ordinances of Upper Allen Township, and the laws
of the Commonwealth of Pennsylvania, including, but not
limited to the Motor Vehicle Code, 75 Pa. Const. Stat. Ann.
~~3731, 3361, 3362, and 3323(A), (B);
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i. Driving away from a stop sign and then driving into Plaintiffs'
motor vehicle;
j. Failing to yield the right-of-way to a motor vehicle (Plaintiffs'
motor vehicle) which was on a through highway;
k. Failing to be attentive to other motor vehicles on the
highway;
1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff;
m. Operating her vehicle at a speed that was too fast for the
conditions; and
n. Failing to operate her motor vehicle in a safe manner in the
area of an intersection;
26. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs.
Banzhoff acted with due care and were not contributorily negligent.
27. As a direct result of the negligence, carelessness, and recklessness of
Defendant Steele as set forth herein, Plaintiff Mrs. Banzhoff sustained injuries and
damages as set forth above.
WHEREFORE, Plaintiff Joan F. Banzhoff demands judgement in her favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interest, and such other and further relief as the Court deems just
and appropriate.
- 8 -
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Count III
Harry G. Banzhoffv. Tiffany R. Steele
LOSS OF CONSORTIUM
28. Paragraphs 1 through 27 are incorporated herein by reference as
though fully set forth.
29. As a result of the aforesaid negligence, carelessness, and
recklessness of Defendant Steele, Plaintiff Mrs. Banzhoff suffered severe and permanent
injuries and damages as described in paragraphs 16 through 19 of this Complaint.
30. As a direct result of the aforesaid accident which caused personal
injuries to Plaintiff Mrs. Banzhoff, Plaintiff Mr. Banzhoff has lost and will continue to
lose the companionship, comfort, society, services, and other forms of consortium of his
wife, Joan F. Banzhoff.
WHEREFORE, Plaintiff Harry G. Banzhoff demands judgement in his favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interests, and such other and further relief as the Court deems just
and appropriate.
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ConntlY
Joan F. Banzhoffv. Tiffany R. Steele
LOSS OF CONSORTIUM
31. Paragraphs 1 through 30 are incorporated herein by reference as
though fully set forth.
32. As a result of the aforesaid negligence, carelessness, and
recklessness of Defendant Steele, the Plaintiff Mr. Banzhoff suffered severe and
permanent injuries and damages as described in paragraphs 12 through 15 of this
Complaint.
33. As a direct result of the aforesaid accident which caused personal
injuries to Plaintiff Mr. Banzhoff, Plaintiff Mrs. Banzhoff has lost and will continue to
lose the companionship, comfort, society, services, and other forms of consortium of her
husband, Harry G. Banzhoff.
WHEREFORE, Plaintiff Joan F. Banzhoff demands judgment in her favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000,00, an
amount which exceeds the monetary, jurisdictional limit for reference to compulsory
arbitration, plus costs, interest, and such other and further relief as the Court deems just
and appropriate.
- 10-
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DATED: February 23, 2001
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BY:
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S & WOODSIDE
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CRAI A. 0 ESQUIRE
Supreme Co J.D. #15907
KATHLEEN D. YANINEK, ESQUIRE
Supreme Court J.D. #73445
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
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VERIFICATION
I, Harry G. Banzhoff, hereby acknowledge that I have read the foregoing
document and that the facts stated therein 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. ~4904, relating to unsworn falsification to authorities.
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DATED:
2/23/01
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VERIFICATION
I, Joan F. Banzhoff, hereby acknowledge that I have read the foregoing document
and that the facts stated therein 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. ~4904, relating to unsworn falsification to authorities.
j aWn
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DATED: 2/23/01
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HARRY G, BANZHOFF and
JOAN F. BANZHOFF,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO. 01- 'CLot.
8o{-T~
TIFFANY R, STEELE,
Defendant
CML ACTION - LAW
JURY TRIAL DEMANDED
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 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(s). 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.
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
TRUE COPY ~OM RECORD
In Testimony Whereof, I here unto set my haM
and the seal 01 said atCarllslt. Pa.
Thiy
Proth otary
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NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo
al partir de la fecha de la demanda y la notificacion, Usted debe presentar una
apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus
defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si
usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted,
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL,
Court Administrator
Cumberland County Courthouse
One Courthouse Square, 4th Floor
Carlisle, PA 17013
(717) 240-6200
:248090_
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HARRY G. BANZHOFF and
JOAN F. BANZHOFF,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
NO.
TIFFANY R. STEELE,
Defendant
CML ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Harry G. Banzhoff and Joan F. Banzhoff,
by and through their attorneys, Mette, Evans & Woodside, P.C., and file this Complaint,
averring as follows:
1. Plaintiff, Harry G, Banzhoff ["Mr. Banzhoff'], is an adult individual
residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania
17055,
2, Plaintiff, Joan F. Banzhoff ["Mrs. Banzhoff'], is an adult individual
residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania
17055.
3. Defendant, Tiffany R, Steele, is an adult individual residing at 806
Grantham Road, Grantham, Cumberland County, Pennsylvania 17027, and with a
mailing address ofP,O. Box 176, Grantham, Pennsylvania 17027.
4. The accident hereinafter related took place on June 7, 1999, at the
intersection of the Gettysburg Pike and W. Lisburn Road, at or about 12:30 p.m. in
Upper Allen Township, Cumberland County, Pennsylvania,
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5. At the aforesaid time and place, Plaintiff Mrs. Banzhoff was driving
a 1991 Oldsmobile 88 owned by Plaintiffs.
6. At the aforesaid time and place, Plaintiff Mr. Banzhoff was a
passenger in the backseat of the vehicle driven by Mrs, Banzhoff.
7. At the aforesaid time and place, Defendant Steele was driving a
1994 Ford Mustang and was stopped on W, Lisbum Road, facing west at the stop sign at
the intersection with the Gettysburg Pike.
8. At all times relevant hereto, Plaintiff Mrs. Banzhoff operated her
vehicle on a highway exercising due and reasonable care under the circumstances,
9. At the aforesaid time and place, Plaintiff Mrs, Banzhoff lawfully
drove her vehicle north on the Gettysburg Pike.
10. At the aforesaid time and place, Defendant Steele failed to yield the
right-of-way to Plaintiff Mrs, Banzhoff's vehicle, which was traveling on a through
highway,
11, At the aforesaid time and place, Defendant Steele negligently,
carelessly, and recklessly crashed her vehicle into Plaintiff Mrs. Banzhoff's car, causing
serious injury to Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff as hereinafter related.
12. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
sustained serious injuries, including:
a. left shoulder injury;
-2-
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b, left shoulder impingement syndrome;
c. impingement on the left rotator cuff at the level of the
acromion;
d. traumatic subdeltoid bursitis of the left shoulder;
e. right knee injury; and
f. left arm bruises,
13. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
has and continues to suffer from left arm and shoulder pain; difficulty sleeping due to
pain; and knee pain.
14. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
was treated at the hospital, received two cortizone injections into the left shoulder,
underwent physical therapy, and had an MRI arthrogram.
15. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff
has sustained and may sustain the following damages:
a. Past and future pain and suffering;
b, Past and future mental anxiety; humiliation and
embarrassment;
c. Past and future incidental costs;
d. Past and future loss of life's enjoyment; and
e. Past and future medical expenses.
- 3-
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16, As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff
sustained serious injuries, including:
a. hematoma of the right antecubital fossa and forearm area;
b. bruised knee;
c. strain of the medial collateral ligament of the left knee; and
d, hematoma of the chest.
17, As a direct result of the aforesaid accident, Plaintiff Mrs, Banzhoff
has and continues to suffer from knee pain and arm pain,
18. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff
was treated at the hospital, underwent physical therapy and had to use repeated, warm
wet soaks on the hematoma,
19. As a direct result of the aforesaid accident, Plaintiff has sustained
and may sustain the following damages:
a. Past and future pain and suffering;
b. Past and future mental anxiety, humiliation and
embarrassment;
c, Past and future incidental costs;
d. Past and future loss of life's enjoyment; and
e. Past and future medical expenses.
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Count I
Harry G. Banzhoff v. Tiffanv R. Steele
NEGUGENCE
20. Paragraphs 1 through 19 are incorporated herein by reference as
though fully set forth.
21. The aforesaid accident was directly and proximately caused by the
negligence, carelessness, and recklessness of Defendant Steele, which included the
following:
a. Failing to have her motor vehicle under the proper control so
as to stop said vehicle within the assured clear distance
ahead;
b. Operating her motor vehicle without due regard to the rights,
safety and position of the Plaintiff;
c. Failing to have her motor vehicle under the proper control so
as to prevent the vehicle from striking Plaintiffs' motor
vehicle;
d, Failing to keep an alert and proper lookout;
e, Failing to notice the motor vehicle of the Plaintiffs;
f. Failing to take evasive action in order to avoid impacting
with Plaintiffs' vehicle;
g. Failing to apply her vehicle's brakes in sufficient time to avoid
striking Plaintiffs' vehicle;
h. Operating her motor vehicle in disregard of the rules of the
road, the ordinances of Upper Allen Township, and the laws
of the Commonwealth of Pennsylvania, including but not
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limited to the Motor Vehicle Code, 75 Pa. Con. Stat, Ann.
~~3361, 3362, and 3323(a), (b);
i. Driving away from a stop sign and then driving into Plaintiffs'
motor vehicle;
j. Failing to yield to the right of way to a motor vehicle
(Plaintiffs' motor vehicle) which was on a through highway;
k. Failing to be attentive to other motor vehicles on the
highway;
1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff;
m, Operating her vehicle at a speed that was too fast for the
conditions; and
n. Failing to operate her motor vehicle in a safe manner in the
area of an intersection;
22, At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs.
Banzhoff acted with due care and were not contributorily negligent.
23. As a direct result of the negligence, carelessness and recklessness of
Defendant Steele as set forth herein, Plaintiff Mr. Banzhoff sustained injuries and
damages as set forth above.
WHEREFORE, Plaintiff, Harry G. Banzhoff, demands judgment in his favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interest and such other and further relief as the Court deems just
and appropriate.
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Count II
Joan F. Banzhoffv. Tiffanv R. Steele
NEGUGENCE
24. Paragraphs 1 through 23 are incorporated herein by reference as
though fully set forth.
25. The aforesaid accident was directly and proximately caused by the
negligence, carelessness, and recklessness of Defendant Steele, which included:
a, Failing to have her motor vehicle under the proper control so
as to stop said vehicle within the assured clear distance
ahead;
b. Operating her motor vehicle without due regard to the rights,
safety and position of the Plaintiff;
c. Failing to have her motor vehicle under the proper control so
as to prevent the vehicle from striking Plaintiffs' motor
vehicle;
d. Failing to keep an alert and proper lookout;
e. Failing to notice the motor vehicle of the Plaintiffs;
f. Failing to take evasive action in order to avoid impacting
with Plaintiffs' vehicle;
g. Failing to apply her vehicle's brakes in sufficient time to avoid
striking Plaintiffs' vehicle;
h. Operating her motor vehicle in disregard of the rules of the
road, the ordinances of Upper Allen Township, and the laws
of the Commonwealth of Pennsylvania, including, but not
limited to the Motor Vehicle Code, 75 Pa. Const. Stat. Ann,
~~3731, 3361, 3362, and 3323 (A), (B);
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i. Driving away from a stop sign and then driving into Plaintiffs'
motor vehicle;
j. Failing to yield the right-of-way to a motor vehicle (Plaintiffs'
motor vehicle) which was on a through highway;
k. Failing to be attentive to other motor vehicles on the
highway;
1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff;
m. Operating her vehicle at a speed that was too fast for the
conditions; and
n. Failing to operate her motor vehicle in a safe manner in the
area of an intersection;
26, At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs.
Banzhoff acted with due care and were not contributorily negligent.
27, As a direct result of the negligence, carelessness, and recklessness of
Defendant Steele as set forth herein, Plaintiff Mrs. Banzhoff sustained injuries and
damages as set forth above.
WHEREFORE, Plaintiff Joan F. Banzhoff demands judgement in her favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interest, and such other and further relief as the Court deems just
and appropriate.
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Count III
I
Harrv G. Banzhoffv. Tiffanv R. Steele
LOSS OF CONSORTIUM
28, Paragraphs 1 through 27 are incorporated herein by reference as
though fully set forth.
29. As a result of the aforesaid negligence, carelessness, and
recklessness of Defendant Steele, Plaintiff Mrs. Banzhoff suffered severe and permanent
injuries and damages as described in paragraphs 16 through 19 of this Complaint,
I
30. As a direct result of the aforesaid accident which caused personal
I
injuries to Plaintiff Mrs, Banzhoff, Plaintiff Mr. Banzhoff has lost and will continue to
,
lose the companionshfP, <;omfort, sOciety,l, services, and other forms of consortium of his
I
wife, Joan F. Banzhoff.
WHEREFORE, Plaintiff Harry G. Banzhoff demands judgement in his favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary jurisdictional limit for reference to compulsory
arbitration, plus costs, interests, and such other and further relief as the Court deems just
and appropriate.
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Count IV
Joan F. Banzhoffv. Tiffanv R. Steele
LOSS OF CONSORTIUM
31. Paragraphs 1 through 30 are incorporated herein by reference as
though fully set forth.
32. As a result of the aforesaid negligence, carelessness, and
recklessness of Defendant Steele, the Plaintiff Mr. Banzhoff suffered severe and
permanent injuries and damages as described in paragraphs 12 through 15 of this
Complaint.
33. As a direct result of the aforesaid accident which caused personal
injuries to Plaintiff Mr. Banzhoff, Plaintiff Mrs. Banzhoff has lost and will continue to
lose the companionship, comfort, society, services, and other forms of consortium of her
husband, Harry G. Banzhoff.
WHEREFORE, Plaintiff Joan F. Banzhoff demands judgment in her favor
and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an
amount which exceeds the monetary, jurisdictional limit for reference to compulsory
arbitration, plus costs, interest, and such other and further relief as the Court deems just
and appropriate.
- 10-
DATED: February 23, 2001
BY:
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KATHLEEN D. YANINEK, ESQUIRE
Supreme Court I.D. #73445
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
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VERIFICATION
I, Harry G. Banzhoff, hereby acknowledge that I have read the foregoing
document and that the facts stated therein 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. ~4904, relating to unsworn falsification to authorities.
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Harry G. Banzhoff
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DATED:
2/23/01
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VERIFICATION
I, Joan F. Banzhoff, hereby acknowledge that I have read the foregoing document
and that the facts stated therein 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. ~4904, relating to unsworn falsification to authorities.
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Joiln F. Banzhoff( UU
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DATED: 2/23/01
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SHERIFF'S RETURN - NOT FOUND
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CASE NO: 2001-01066 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
,
BANZHOFF HARRY G ET AL
VS
STEELE TIFFANY R
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
STEELE TIFFANY R
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, STEELE TIFFANY R
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
RETURN NOT FOUND AS PER KAY TIPTON 3/22/01.
Sheriff's Costs:
Docketing
Service
NOT FOUND RETURN
Surcharge
18.00
6.82
5.00
10.00
.00
39.82
~7/
R. Thomas Kline
Sheriff of Cumberland County
METTE, EVANS & WOODSIDE
03/22/2001
Sworn and subscribed to before me
this ;).'!+e:
day of ~L )
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Pr onotary I
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R, THOMAS KLINE
Sheriff
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RONNY R, ANDERSC
Chis' Deputy
<0
EDWARO L. SCHORPP
Solicitor
OFFICE OF THE SHERIFF
?ATR1CIA A. SHATT-
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
To: Postrna.=r ,"'-geney Control No. 0 1- IOb~
~ Date:
JVt ' iL6~ddress Inform.tion Request
Please furnish this agency with ge new address, if available, for the following individual or verify
whether the address given below is one at which mail for this individual is currently being delivered.
If the following address is a post office box, pl"""e furnish the street address as recorded on the
boxholder's application form. : ~A
Narne:r\~ stu1.t
Last Known Address: 1JJ & G n..Ji.a.lM RJ..
I certify the address information for this individual is required
official duties.
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FOR POST OFFICE USE ONLY
() MAIL IS DELIVERED TO ADDRESS GIVEN
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() NO SUCH ADDRESS
() OTHER (SPECIFY):
NEW ADDRESS
BOXHOLDER'S STREET ADDRESS
Agency Retum Address
PostrnarkJDate Stamp
Address Information Request (Required Format)
Exhibit 352.44b
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HARRY G. BANZHOFF and
JOAN F. BANZHOFF,
Plaintiffs
v.
TIFFANY R. STEELE,
Defendant
TO THE PROTHONOTARY:
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IN THE COURT OF COMMON PL&i\S
CUMBERLAND COUNTY, PA
NO. 01-1066
CMLACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
Please mark the above-captioned matter settled and discontinued.
DATED: April 11, 2001
, \Ij S & WOODSIDE
BY:
3401 Nort rant Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiffs
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