Loading...
HomeMy WebLinkAbout01-04504n. VINCENT A. KENNEDY and MARGARET F. KENNEDY, Plaintiffs v. DOUGLAS J. WAGNER, Defendants N0.2001-~~y CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 BELOW TO 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 IN THE COURT OF COMMON PLEAS OF MARGARET F. KENNEDY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2001-~~y CIVIL TERM v. DOUGLAS J. WAGNER, CIVIL ACTION-LAW Defendants 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 Willow 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. 6. The accident was caused as a result of the negligence of the Defendant in that he: a. drove his vehicle at a speed greater than was reasonable and prudent under the conditions then existing; and, b. 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, c. 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: a. cervical, lumbar and left shoulder strain; b. left shoulder contusion; c. musculoskeletal pain; d. multiple contusions; e. 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. .~ IIj 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, BARK &/SCHERER ~K Mich el A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/kennedy/complaint.pld y. 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 r'_ ~ y( rgaret F. Kenn y DATE: ~/~ OIDDI VINCENT A. KENNEDY and MARGARET F. KENNEDY, Plaintiffs v. DOUGLAS J. WAGNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-4504 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, BARK & SCHERER i~ ~~~~~~ Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/kennedy/reinstate.pra ~ c ~E ~~ ~,, __ ' r~~ - r ~~ _ ~_~` ri ..1 ]:~ ---.,s "_~ ~~.. SHERIFF'S RETURN - NOT FOUND : r CASE N0: 2001-04504 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KENNEDY VINCENT A ET AL VS WAGNER DOUGLAS J 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 WAGNER DOUGLAS J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , , NOT FOUND , as to the within named DEFENDANT WAGNER DOUGLAS J UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: So answ Docketing 18.00 Not Found 5.00 ~-~~~ Affidavit .00 R: Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 OBRIEN BARK SCHERER 10/23/2001 Sworn and subscribed to before me this ;~ ~ day of A.D. P o honotary ~ VINGENT A. KENNEDY and MARGARET F. KENNEDY, Plaintiffs v. DOUGLAS J. WAGNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001.4~oy 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 FORTW BELOW TO 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 v. DOUGLAS J. WAGNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001- 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 McCiure's Gap Road and Willow 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 4 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. 6. The accident was caused as a result of the negligence of the Defendant in that he: a. drove his vehicle at a speed greater than was reasonable and prudent under the conditions then existing; and, b. 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, c. 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: a. cervical, lumbar and left shoulder strain; b. left shoulder contusion; c. musculoskeletal pain; d. multiple contusions; e. 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, BARK & SCHERER Mich ei A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/kennedy/colnpiaint.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. 1 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. ~yvz~~~ Vincent A. Kenned~ ~-'" 1 rgaret F. Kenne y DATE: ~5r ~~~~ ti~ i.'~ y~ ~~ " ~~ f a ~:, ~-!;, O: _ : m>~. O: Za L: -~I O: ~ m ~fo ids O ~ ~nh. ~~, ~!~; riei ZZ ,r; r 11A~' ,~lr1i:~:: _,~ Sit;.-~~_ .~ ,~~!~~1 +' ~ . '~ L~ . ~9ti ~n~ ~~ b ~~~~' 6~ ar?~o :;'~~~~' >; ~'t'~ ° '; ,;1 k~, ~~~ ,, 3}tb~ ~.