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Home My WebLink About01-07012 " DEBORAH M. TROUTMAN and CARL TROUTMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No {dI- 70/:1 \ GQ~l T~ BRYON R. KADUR, and DAVID A. LAPOINTE, Defendants CIVIL 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 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 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NICHOLAS & FOREMAN By: ~rdJ5 Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, P A 1711 0 (717) 236-9391 Attorneys for Plaintiff 7"~~~-'~:-r-".,_" ,W-J~ c ._~ I' 'e, . DEBORAH M. TROUTMAN and CARL TROUTMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. DI - 701').. C.l~' l c.. I~ BRYON R. KADUR, and DAVID A. LAPOINTE, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, the Plaintiffs, by and through their undersigned counsel, files this Complaint, and in support thereof aver as follows: ]. Plaintiffs Deborah M. Troutman and Carl Troutman, are adult individuals, sui juris, husband and wife, residing at 4]] Cassel Street, Marysville, Perry County, PA ] 7053. 2. Defendant, Bryon R. Kadur, is an adult individual, sui juris, residing at 1378 State Highway 162, Sprakers, NY ]2845. 3. Defendant David A. Lapointe, is an adult individual, sui juris, residing at 663 State Route 149, Lake Givorciz, NY 12166. COUNT I DEBORAH M. TROUTMAN v. BRYON R. KADUR and DAVID A. LAPOINTE 4. The foregoing paragraphs are incorporated herein by reference. 5. On or about Tuesday, May 5, 2000, at or about 1:15 p.m., in East Pennsboro Township, Cumberland County, Pennsylvania, Plaintiff Deborah M. Troutman was 1 0?lil!il,M '-"'~-r ~ 'il'- ~",' "I --,,-~~ ,~ - . -~, ~, ~.,._i!I ~ lawfully and carefully operating her 1994 Chevy Lumina automobile on Valley Road, headed in a generally easterly direction at the intersection with Routes 11 and 15. 6. The intersection of Valley Road and Routes 11 and 15 is a controlled intersection with a traffic light controlling the flow of traffic. 7. At the aforesaid date, time and place, Defendant Bryon R. Kadur negligently, recklessly, intentionally, and carelessly operated a 1997 International 9300 tractor trailer in a generally northerly direction on Routes 11 and 15 so as to cause his vehicle to violently collide with Plaintiff Deborah M. Troutman's vehicle, causing serious injuries to Plaintiff Deborah M. Troutman more fully described hereinafter. 8. The vehicle operated by the Defendant Bryon R. Kadur was owned and titled to Defendant David A. Lapointe and was being operated by Bryon R. Kadur as an agent, servant and/or employee of Defendant David A. Lapoint and was then and there acting within the scope of his employment and on behalf of Defendant David A. Lapointe. 9. At the time of the collision, Defendant Bryon R. Kadur was negligent, reckless, careless and in violation oflaw under the circumstances in: (a) Failing to have his vehicle under proper and reasonable control; (b) Operating his vehicle in such a manner as to cause it to violently collide into and against Plaintiffs' vehicle; (c) Failing to give proper and adequate warning of his approach; (d) Operating his vehicle without due regard to the presence and safety of Plaintiff; 2 -"'~!,l1i'1' -1!I).rfl~~ -v _ _ ,~' <~ - _,~.. lU ~ :mw (e) Failing to bring his vehicle to a stop in time to avoid the said collision; (f) Failing to operate his vehicle in a safe and proper manner; (g) Failing to comply with the laws, rules and regulations of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S. S 3111 and 75 Pa.C.S. S 3112, relating to the Obedience to Traffic-Control Devices and Traffic Control Signals; (h) Failing to obey a traffic control signal; (i) Failing to stop on a steady red traffic control signal, as required, before entering the intersection; (j) Acting in an otherwise negligent and careless manner under the law. 10. As a result of the negligence, recklessness and carelessness of the Defendants, Plaintiff Deborah M. Troutman was violently shaken, struck, and suffered severe and serious injuries, inter alia, to her head, neck, shoulders, back and brain, lower lumbar area and other areas of her body, all of which may be permanent. 11. Plaintiff Deborah M. Troutman, as a further result of Defendant's negligent, reckless and careless conduct, suffered shock, and injuries to her nervous system as well as aches, pains, contusions, edema, nervousness, confusion, headaches, faintness, nausea, and disability. 12. Plaintiff Deborah M. Troutman, as a further result of Defendants' negligent, reckless and careless conduct and the injuries arising therefrom, has lost income due to her inability to perform her normal work duties and believes she will or may continue to 3 -'"!!!'irT?,,__---".,~r_1'~_1"l ~5_""',_~~,~""~,__",, 0, ~ " , - " .. ,;J suffer impairment, disability and loss of earnings in the future which has and will result in decreased earnings and earning capacity. 13. Plaintiff Deborah M. Troutman, as a further result of Defendants' negligent, reckless and careless conduct and from the injuries arising therefrom, has suffered pain, suffering, mental anguish and diminishment of her ability to enjoy life and life's pleasures. WHEREFORE, Plaintiff Deborah M. Troutman, demands judgment against Defendants Bryon R. Kadur and David A. Lapointe, jointly and severally, in an amount in excess of that requiring compulsory arbitration. COUNT II CARL TROUTMAN v. BRYON R. KADUR and DAVID A. LAPOINTE 14. The foregoing paragraphs are incorporated herein by reference. 15. As a result of the negligent, reckless and careless conduct of Defendants, and the injuries resulting therefrom to Plaintiff Deborah M. Troutman, Plaintiff Carl Troutman claims damages for loss of services, companionship, and consortimn suffered in the past and which will be suffer in the future. 4 >c'~l"'1f~ ,,_ ?';:>-~:~-~-" ; "-,,","',,c , < -, ".,.,.~ ^ , WHEREFORE, Plaintiff Carl Troutman, demands judgment against Defendants Bryon R. Kadur and David A. Lapointe, jointly and severally, in an amount in excess of that requiring compulsory arbitration. Respectfully submitted, NICHOLAS & FOREMAN, P.C. ~~ es Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 111/11/0/ Attorney for Plaintiffs 5 ,n%!,,~ '7~', ~_, ^ ~ -<-. -, ~~-- ~, 1 ,~ , ~- ~ ~~.." ..-,~,- VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: 12/Lo/0) ~~ 11I-:L(~ DEBORAH M. TROUTMAN DATED: 17-/ /ISla \ ~~~ CARL TROUTMAN 5 ~~;"l1f_>"_,......,~,_",,_,,.ro:m-=;"-'''1''_'''' ~-,' ',' ~~'l,.,. "'1"" ~ ~ ~- I!I!JI~W:-:: _,,, ~"'W"_'.""_~h.~~~'~~ t\A .^, ~i: " 1~ '1 ~-e-~I ::::: (;:J j~ f"- ey ~-,~ . q---~ U~- k",~-_&'_,,, ~"'",,,"..'~ -'"""-"'~"'C~"""C.",~ . ""~~ ~~ ,,~ ~",. v ;,<';/:,'-, ~~~1.";' 0 c:; ~; ~::J " ?-: I ~'1 rr I ,..'") Z . / l/) ~. C":' -< c::~ ,~ -+-:,1 : C-, ~- (,,) -7' ~? :"'-.....' --I ,- <.,1 11 ~h~ &8~ if\.) ~b? ~~ ~ ':~j ::~ , ~,,_"''''O_N~,~,__, ~ "~"""" ~~f~~~~1*;~~~~$~"f'h~~:'X",[~",,"'1;"\''''~'>'''r;'~':'~'_t:"'~Y-";')""'--",,:-'~i;;-'n;,~<;:,;;,."~n'l'R"""f-,~-'_' ""r~i'h-""'.I!i"!'f:;;-\,p"li!"i~"''l?l!,~j~i!i'jk1')'' ~' ,. 'I DEBORAH M. TROUTMAN and CARL TROUTMAN, Plaintiffs IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 01-7012 Civil Term BRYON R. KADUR and DAVID A. LAPOINTE, Defendants JURY TRIAL DEMANDED PR A F,C'TPF, TO STTRSTTTTTTF. ('OTJNSF,T , TO THE PROTHONOTARY: Kindly withdraw the appearance of Charles Brown, Esquire and Nicholas & Foreman, P.C., as counsel for Plaintiffs Deborah M. Troutman andl Carl Troutman in this action. Dated: March 26, 2002 NICHOLAS & FOREMAN, P.C. By: ~~__ Cares R. Brown, EsqUire Attorney J.D. No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Kindly enter the appearance of Clark DeVere, Esquire and Metzger, Wickersham, Knauss & Erb, P.C., on behalf of the Plaintiffs Deborah M. Troutman and Carl Troutman in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: March 26, 2002 By ~ _,;?\")IA Clark DeVere, Esquire Attorney J.D. No. 68768 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiffs n~~'~n~'~' ,)"'Q7~J 1 ,-",h":fi-i~m~1!lIlH' - , -~~, . - I~ ~~ ," - .,.""""~ - - ^'~ Il!l\___=>>'''''=~''''''"'~___ T ( , CRRTTFWATF. OF SF.RVTCR AND NOW, this.) (,J--day of March, 2002, I, Clark DeVere, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served a copy of the within Praecipe to Substitute Counsel this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Bryon R. Kadur 1378 State Highway 162 Sprakers, NY 12845 David A. Lapointe 663 State Route 149 Lake Givorciz, NY 12166 ~~--& Clark De Vere, Esquire n~M'_~_' #. ')')Q71: 1 1 ~",~""",,-!v,~_, M'C_ ~ > '~I"" ..... ~ "'"~-~ _...""'"'''''',..,.....~_,~''''""',,~,',,. ~~........"~'''''''''''''''~-.=t'''',,.};~~ , ., 1 ,"':",~~",JdI!} . ""~! . :~ ,..,?, ',. .^'~-"~= .-, _"~,.~ H~ --,"-','- ::~ ... '.'''''''"''Iil..miIiL'~''Ji'.'' '-".) . ~'o ~ (-, -' '-'1". __ij:~__~:1i!~~,Jij~~f'"._ [,," .,~~~f!~~~!rfi','f-Ji"'~:J;'-;:;y",-,~"u t"li::\-:"~i4~!f~~~~~lilI-~Qi~;C;::: tcr - ~< ~ . ". Metzger, Wickersham, Knauss & Erb, P.C. By: Clark De Vere, Esquire Attorney I.D. No. 68768 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 cdv@mwke.com Attorneys for Plaintiffs DEBORAH M. TROUTMAN and CARL TROUTMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA Plaintiffs CIVIL ACTION - LAW v. NO. 01-7012 Civil Term BYRON R. KADUR and DAVID A. LAPOINTE, Defendants JURY TR1AL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinned and ended. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By <?'/~{ .i". Clark De V ere, squire J.D. No. 68768 3211 North Front Street P.O. Box 5300 Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiffs Date: March 28, 2005 324148-1 ;J~1I. . ,_ __~, -'-17., 'tf,-_~ -.-."-_ - " : ~--!' _ >, _ I' r I ,'~' .,,'I!'" - '-,,', , . r~~ - - ~~ ,W" ~ ~,~- ~^""~- . ' . !:R;"~~,",>1(cVOir""T'~__ CERTIFICATE OF SERVICE I, Clark DeVere, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of a Praecipe to Settle, Discontinue and End with reference to the foregoing action by first class mail, postage prepaid, this 28th day of March, 2005, on the following: William J. Coppol, Esquire Connor, Weber & Oberlies Center City Office, Suite 1 C-4 7 The Philadelphian 2401 Pennsylvania Avenue Philadelphia, PA 19130 C~...,. #" d Clark De Vere, Esquire 324148-1 I' .~~~.~ --~-- ~ w .'.-,V.,',_ '~c""'~~ .,"_)r__, - f~ e ,_."":"'''''''....., ,n,""""_^,,,_.r,~ ~, ~~~' "~. _0' .,"" -, ""~ 'c~ '~~',"" ~ " o .~~ g:; ,~~i jL:-: ~f;;:" ,.t_! .--:'" %,~-- ~g- 2:: ::? ...'.~ li1!r"'t'if t\j>\""1 ,'"'... .. , "" = c:.-"l e" 4: :l."P. .:.::c.'1 <".0 o ~ 5! nl~ -om ::no O~ -jO :'1::q O-!.;. 7(; ;srn ,-j ~ :s? -~ "" _r:- _,,4:ll~)tlI\I4-_n _1 -'_~~~~~fl:7iw_4~n~":\:-"~'F,i<,h'1',!ID;J'f":;Y..if:''''.\'0Wfl'f"~'''WH''''_J;;~:'"!i!'i:;_~i";;I~';r'~71:t~j;!riWfIi~~~,~~'t: