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HomeMy WebLinkAbout03-3201RITA ERDMAN, Plaintiff vs. ARTHUR THOMAS DITLOW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. O2 -- 2201 CIVIL ACTION - LAW PERSONAL INJORY JURY TRIAL DEMANDED PENNSYLVANIA NOTICE TO DEFEND ~ CLAIM RIGHTS 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCe. IF YOU DO NOT F~VE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH B~LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County BarAssociation Two Libe~tyAvenue Carlisle, PA 17013 (717) 249-3166 RITA ERDMAN, Plaintiff vs. ARTHUR THOMAS DITLOW, Defendant IN THE COURT OF COMMON PLEAS CUMBERIJ%ND COUNTY, PENNSYLVANIA NO. 6/)2 -- 350! CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMJUNDED O0~4PLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, attorneys, The Law Offices of Patrick files this Complaint in Civil Action, avers as follows: 1. The Plaintiff, Rita Erdman, currently resides at 212 Mount Holly County, Pennsylvania 17011. 2. The Defendant, Arthur individual who currently resides CLumberland County, Pennsylvania 17011. Rita Erdman, through her F. Lauer, Jr.,L.L.C. and and, in support thereof, is an adult individual who Drive, Camp Hill, cumberland Thomas Ditlow, is an adult at 2315 Kent Street, Camp Hill, 3. On or about August 12, 2001, at approximately 11:45 a.m., the plaintiff was operating a 1989 Buick Park Avenue. 4. On or about August 12, 2001, at approximately 11:45 a.m., the defendant, was operating a 1997 Saturn. 5. On the aforementioned date and time, plaintiff was legally stopped at a red light facing northbound on 21~t street. 6. On the aforementioned date and time, Defendant was traveling northbound on 21~t street. 7. On the aforementioned date and time, defendant was traveling at a high rate of speed with a blood alcohol level of .187%. 8. On the date, time and place aforesaid, the defendant, so negligently, carelessly, recklessly and wantonly operated his motor vehicle so as to cause it to strike and come in contact with the rear of another vehicle, which then struck Plaintiff's vehicle, resulting in the serious and severe injuries to plaintiff which are more fully set forth. 9. The collision, plaintiff, Rita Erdman, the negligent, careless, and the resulting injuries and damages to were caused directly and proximately, by reckless and wanton behavior of defendant, Arthur Thomas Ditlow, as follows: a. In failing to keep and maintain vehicle under proper and adequate control; b. In failing to promptly and properly apply the brakes and other stopping devices of said vehicle; c. In failing to slow, stop, turn aside, reduce speed or take any other action to avoid colliding with the vehicle which struck plaintiff's vehicle; d. In failing to be properly attentive while operating said motor vehicle; e. In failing to observe the vehicle which plaintiff was operating, which was traveling in fullcompliance with the law; f. In failing to drive his vehicle with due regard for the roadway and traffic conditions which were existing and of which she was or should have been aware; g. In driving his vehicle upon the roadway 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. h. In operating his vehicle with a blood alcohol level above the legal maximum of .10%. i. In operating his vehicle while driving under the influence of an alcohol or other intoxicating beverage. 10. The accident was caused by the negligent, careless, reckless and wanton behavior of the defendant, Arthur Thomas Ditlow, as set forth in paragraph 9 above, and in no way was caused by the plaintiff, who was operating a vehicle in compliance with traffic conditions and laws at the time it was struck 11. The plaintiff, Rita Erdman, injuries and suffered damages, as will which were caused by the negligence following ways: sustained various severe hereinafter be set forth, of the Defendant in the a. Pain and bruising to her right knee; b. Neck and back pain with disc herniation and stiffness resulting in medical treatment; c. Diagnosed Cervical strain and acute lower back strain; d. Tenderness over her right trapezius and cervical paraspinal muscles; e. Some and/or all of these serious injuries have or may result in a serious impairment of a bodily function; and f. Severe headaches. 12. As the direct and proximate result of the negligent, careless, reckless and wanton behavior of the defendant, plaintiff, Rita Erdman has sustained the following damages: 13. the a. Great pain, inconvenience, humiliation, embarrassment and mental anguish, past and future; b. Loss of well being and loss of many of the enjoyments of life and life's pleasures, c. Permanent impairment of her and vitality; d. Medical expenses under 75 Pa.C.S. past and future; general health, strength that may exceed the sums recoverable Section 1711 et seq.; 14. Prior to the accident, plaintiff, Rita Erdman, pursuant to Section 1705 of the Pennsylvania Motor Vehicle Financial Responsibility Law, had made an election and/or is deemed to have made an election to retain the right to maintain and/or pursue an action for non-economic damages resulting from injuries sustained in a motor vehicle collision, as a result of the nature of the injuries sustained by her, as listed above, and as a result of the condition of the Defendant while driving under the influence of an intoxicating beverage. WHEREFORE, the Plaintiff, Rita Erdman, respectfully demands judgment against defendant in an amount in excess of the ' permanent nature, her lifetime. causing problems e. Reduced and or permanently impaired earning power or capacity. Plaintiff continues to be plagued by persistent pain and injuries may be of a residual for the remainder of limitation and, therefore, avers that her jurisdiction of the compulsory board of arbitrators of this county. Date: Respectfully submitted, ~~ire 2108 ~arket Street, Aztec Building Camp }{ill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 RITA ERDM3kN, : Plaintiff : : vs. : NO. : ARTHUR THOM-AS DITLOW, : Defendant : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PERSONAL INJURY JURY TRIAL DEMANDED %~RIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Signature:~