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Home My WebLink About99-03204c:. ! I r ?t IJ M1 i ?j w o a w L N W Z w Z Z U a O 2 0 O LL LL a m O N 3 al '? g ' 0o m Z N Z N Q v 2 ROBERT THOMPSON and VERNA THOMPSON, Plaintiffs V. CARRIE MANNING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I ?)C4- CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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, PA 17013 (717) 248-3166 133813/LC3 ROBERT THOMPSON and VERNA THOMPSON, Plaintiffs V. CARRIE MANNING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 248-3166 ROBERT THOMPSON and VERNA IN THE COURT OF COMMON PLEAS THOMPSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CARRIE MANNING, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Robert and Verna Thompson, citizens of the Commonwealth of Pennsylvania, reside at 159 Pine Knob Road, Newville, Cumberland County, Pennsylvania. 2. Defendant Carrie Manning is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 2 Hill Drive, Newville, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about January 6, 1998 at approximately 6 p.m., on a very foggy night, on Whiskey Run Road, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Robert Thompson was operating his motor vehicle, a 1986 Ford Aerostar, in a southern direction on Whiskey Run Road. 5. Plaintiff Verna Thompson was a passenger in the right front passenger seat of the vehicle driven by her husband. 6. Defendant Carrie Manning had been operating her vehicle, traveling north on Whiskey Run Road and had stopped her vehicle partly on the berm and partly on the lane of travel for southbound traffic on Whiskey Run Road. 7. Given the positioning of Defendant Manning's vehicle and the fog, Mr. Thompson saw headlights in front of him as he approached the area where the subject accident occurred, but thought that the Defendant's motor vehicle was in the northern lane of Whiskey Run Road. 6. Accordingly, Mr. Thompson veered his motor vehicle to his right, slid on some stones, and lost control his vehicle. 9. Mr. Thompson's right front fender collided with a tree, bounced off the tree, and then his motor vehicle rolled on to its roof and came to rest across Whiskey Run Road. 10. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Robert and Verna Thompson are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Carrie Manning operated her motor vehicle as follows: a. failure to keep her vehicle in the north bound lane of traffic; b. failure to park her vehicle somewhere besides Whiskey Run Road in order to retrieve her mail from her mailbox; C. failure to stay within her lane of travel; d. failure to travel within her lane of travel; e. parking her vehicle with the headlight shining to the north while in the southbound lane on a foggy night, knowing that parking her vehicle in such a way created a risk to other motorists on Whiskey Run Road; 2 f. failure to keep a proper watch for traffic on the highway; g. failure to park her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; h. parking her vehicle upon Whisky Run Road in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I Robert Thompson v. Carrie Manning 11. Paragraphs 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff Robert Thompson sustained painful and severe injuries which include, but are not limited to, a fractured nose and a fractured right femur, necessitating a number of surgeries, and a fractured nose resulting in a serious impairment of body function and serious and permanent disfigurement. 13. By reason of the aforesaid injuries sustained by Plaintiff Robert Thompson, he was forced to incur liability for medical treatment, medications, hospitalizations, a number of surgeries, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 14. Because of the nature of his injuries, Plaintiff Robert Thompson has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 3 15. As a result of the aforementioned injuries,' Plaintiff Robert Thompson has undergone and in the future will undergo physical and mental suffering, inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Robert Thompson has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 17. As a result of the aforementioned injuries, Plaintiff Robert Thompson has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 18. Plaintiff Robert Thompson continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. 19. As a result of the aforesaid accident and surgery, Plaintiff Robert Thompson has sustained scars which will result in a permanent disfigurement, and claim is made therefor. CLAIM II Verna Thompson v. Carrie Manning 20. Paragraphs 1 through 19 of the Complaint are incorporated herein by reference. 4 21. As a result of the aforementioned injuries sustained by her husband, Plaintiff Robert Thompson, Plaintiff Verna Thompson has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Robert and Verna Thompson demand judgment against Defendant Carrie Manning in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P. c. av d . Lutz, Esquire I.D. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 51c),5}Q9 Counsel for Plaintiffs DATED: 5 VERIFICATION We, Robert and Verna Thompson, Plaintiffs, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: le& 12-i-4-q 4 - 4?? o ert Thompson ? Verna Th pson Dated: SHERIFF'S RETURN - REGULAR CASE NO: 1999-03204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMPSON ROBERT ET AL vs. MANNING CARRIE BRIAN BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon MANNING CARRIE the defendant, at 9:50 HOURS, on the 18th day of June 1999 at POE: CUMBERLAND CROSSINGS 1 LONGSDORFF WAY CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CARRIE MANNING a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers, Docketing 18.00 Service 3.10 Affidavit Surcharge 8.00 $2?1.IU-ANGI /19990VNER by ? //!c ??¢???u'CXl pu 5fieYI P 1- Sworn and subscribed to before me this a?/at day of 199-? A.D. ?. 71c.clC?.. n.11py -? ar ROBERT THOMPSON and VERNA IN THE COURT OF COMMON PLEAS THOMPSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 99-3204 Civil V. CARRIE MANNING, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Ca $, . Lutz I. D. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: Counsel for Plaintiffs ill I cc Betsy Page, Nationwide Insurance Company ORIGINAL 150923/MTG r•• r ?y ? o h Ll U.. LL r ] ? LL ? ? o ON v