The URL can be used to link to this page

Home My WebLink About99-03556 j F 9 in JOYCE O. SHUMAN and RICHARD E. SHUMAN, her husband, Plaintiffs V. DONALD A. PUTT, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3556 Civil JURY TRIAL DEMANDED P R A E C I P E TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued and issue a Certificate of Settlement. ANGINO & ROVNER, A. Date: July 20, 1999 cc: Mr. Joseph Green Claims Representative Harleysville Insurance Companies 2700 Commerce Drive P.O. Box 6237 Harrisburg, PA 17112-0237 Claim Number: A 44216363DB L No. 47 &1' 4503 orth Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs C• C> r ?i :' . _)_': ? :_li: l? i-'_ C7? ?i ?? ? ?0 4.' ? ,_ i . 1 ?? , "7 ?J L: Cif Ol ;.? ? SHERIFF'S RETURN - REGULAR CASE NO: 1999-03556 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHUMAN JOYCE 0 ET AL VS. PUTT DONALD A SR BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon PUTT DONALD A SR the defendant, at 1721:00 HOURS, on the 11th day of June 1999 at 6 SHARON ROAD ENOLA, PA CUMBERLAND , County, Pennsylvania, by handing to DONALD A PUTT SR. a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Additional Comments: UPON POSITIVELY IDENTIFYING THE DEFT., DEPUTY BARRICK LEFT THE COMPLAINT IN THE DOOR HANDLE OF THE FRONT DOOR BECAUSE MR. PUTT REFUSED TO TAKE THE COMPLAINT. Sheriff's Costs: Docketing So answers: 18.00 Service 9.30 Affidavit 00 777 Surcharge .00 8.00 omas i e, , e i $35-0-ANGINO AND ROVNER 06/14/1999 by epu y 5 ri Sworn and subscribed to before me this ?y day of 19r. A. D. rotnono r JOYCE 0. SHUMAN and RICHARD E. SHUMAN, her husband, Plaintiffs V. DONALD A. PUTT, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Cj q 35?5"? q? ?A'L 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 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 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) 249-3166 JOYCE O. SHUMAN and RICHARD E. IN THE COURT OF COMMON PLEAS SHUMAN, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. DONALD A. PUTT, SR. NO. Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en ]as 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPFONO A LA OFICENA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOYCE O. SHUMAN and RICHARD E. SHUMAN, her husband, Plaintiffs V. DONALD A. PUTT, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Joyce O. Shuman and Richard E. Shuman are wife and husband, adult individuals, and citizens of the Commonwealth of Pennsylvania, who reside at R.D. #2, Box 225, Newport, Perry County, Pennsylvania. 2. Defendant Donald A. Putt, Sr. is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 6 Sharon Road, Cumberland County, Enola, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about April 11, 1998, at approximately 1:00 p.m., on Route 114, Borough of Mechanicsburg, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Joyce O. Shuman was operating a 1995 Chevy Van and was traveling south on Route 114. 5. At that time and place, Defendant Donald A. Putt, Sr. was operating a pick-up truck and was traveling directly behind Plaintiff Shuman's vehicle. 150406/PAS 6. At that time and place, Plaintiff Joyce O. Shuman was at a complete stop, due to a vehicle in front of her waiting to make a left turn from Route 114, Borough of Mechanicsburg, Cumberland County, Pennsylvania. 7. At that time and place, Defendant Donald A. Putt, Sr. operated his vehicle without paying attention to traffic and, suddenly and without warning, violently slammed into the rear of the Plaintiff Shuman's vehicle. 8. At that time and place, a violent collision occurred between the front portion of Defendant Putt's vehicle and the rear portion of Plaintiff Shuman's vehicle. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Joyce O. Shuman and Richard E. Shuman are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Donald A. Putt, Sr. operated his vehicle as follows: (a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (c) failure to travel at a safe speed; (d) failure to apply his brakes in sufficient time to avoid striking the rear of the Shuman vehicle; (e) failure to take reasonable evasive action to avoid the accident; 2 (f) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (g) failure to keep proper and adequate control over his vehicle; and (j) driving his vehicle upon the highway 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 JOYCE O. SHUMAN v. DONALD A. PUTT. SR. 10. Paragraphs 1 through 9 of Plaintiffs' Complaint are incorporated herein by reference. 11. As a result of the aforementioned accident, Plaintiff Joyce O. Shuman sustained painful and severe injuries which include, but are not limited to, neck, upper and lower back, shoulder, hip and leg pain and headaches. 12. By reason of the aforesaid injuries sustained by Plaintiff Joyce O. Shuman, she was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Joyce O. Shuman has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 3 14. As a result of the aforementioned injuries, Plaintiff Joyce 0. Shuman has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforementioned collision and resulting injuries, Plaintiff Joyce 0. Shuman has sustained loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Joyce O. Shuman has sustained uncompensated work loss, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Joyce 0. Shuman has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. Plaintiff Joyce 0. Shuman continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. CLAIM II RICHARD E. SHUMAN v. DONALD A. PUTT, SR. 19. Paragraphs I through 18 of Plaintiffs' Complaint are incorporated herein by reference. 4 20. As a result of the aforementioned injuries sustained by his wife, Plaintiff Joyce 0. Shuman, Plaintiff Richard E. Shuman has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Joyce O. Shuman and Richard E. Shuman demand judgment against Defendant Donald A. Putt, Sr. 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. Date: June 9, 1999 Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs VERIFICATION We, JOYCE O. SHUMAN and RICHARD E. SHUMAN, have read the foregoing PLAINTIFFS' COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. M 6" G' _ o QJL' usz Witness O CE O. SHUMAN Witness Date: 2 /? Iffy RICHARD E. UMAN 150423/MLB Y C1 ?' c.r ^rl ? Kl ? d O s N 2 ~ z n O K¢ a I m N a ca 0 5 O O m n Z 2 N Z Q Q a m