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HomeMy WebLinkAbout03-3600APRIL CASPER and MARK CASPER, Husband and Wife, Plaintiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action to be served by the Sheriffon the Defendants at the following address: Daniel Lichtenberger 1338 Swope Drive Boiling Springs, PA 17007 Harry Lichtenberger 1338 Swope Drive Boiling Springs, PA 17007 The address ofthe Plaintiffs is 2213 Boxwood Lane, Mechanicsburg, Pennsylvania, 17055. Date: CLARAVAL & CLARAVAL Harrisburg, PA 17108-1965 (717) 233 -4780 Supreme Court I.D. #19222 Attorneys for Plaintiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS April Casper and Mark Casper Husband and Wife Plaintiff Vs. Daniel Lichtenberger and Harry Lichtenberger Defendant Court of Common Pleas No. 2003-3600 Civil In CivilAction-Law To Daniel Lichtenberger and Harry Lichtenberger You are hereby notified that April Casper and Mark Casper Husband and wife the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date July 29, 2003 Attorney: Name: Robert F. Claraval, Esq. Address: P.O. Box 11965 Harrisburg PA 17108-1965 Attorney for: Plaintiff Telephone: 71%233-4780 Supreme Court ID No. 19222 CURTIS R. LONG Prothonotary epu y TRUE COPY FROM RECORD b Teslkm~y wf~m'e~, i he~ unto se~ my h~nd r'- APRIL CASPER and MARK CASPER, Husband and Wife, Plaimiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action to be served by the Sheriff on the Defendants at the following address: Daniel Lichtenberger 1338 Swope Drive Boiling Springs, PA 17007 Harry Lichtenberger 1338 Swope Drive Boiling Springs, PA 17007 The address of the Plaintiffs is 2213 Boxwood Lane, Mechanicsburg, Pennsylvania, 17055. Date: CLARAVAL & CLARAVAL BY ~1'c~'¢~ Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaimiffs Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS April Casper and Mark Casper Husband and Wife Plaintiff Vs. Daniel Liehtenberger and Harry Liehtenberger Defendant Court of Common Pleas No. 2003-3600 Civil In CivilAcfion-Law To Daniel Lichtenberger and Harry Lichtenberger You are hereby notified that April Casper and Mark Casper Husband and wife the Plaintiffhas / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date July 29, 2003 Attorney: Name: Robert F. Claravai, Esq. Address: P.O. Box 11965 Harrisburg PA 17108-1965 Attomey for: Plaintiff Telephone: 717-233-4780 Supreme Court ID No. 19222 CURTIS 1L LONG Prothonotary TRUE COPY FROM F~ECORD M Tminmy wtw~. I here un~o set my ham APRIL CASPER and MARK CASPER, husband and wife, Plaintiffs DANIEL LICHTEN-BERGER and HARRY LICHTENBERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3600 - CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of the Defendants in the above matter. Issue a role upon the Plaintiffs to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willies, Esquire Ten East High Sffeet Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Daniel Lichtenberger and Harry Lichtenberger Dated: August 12, 2003 RULE AND NOW, this/3 day of August, 2003, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from service hereof. Prothonotary ~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO ia D. Eckenr~ad ] / Ten East High Street Carlisle, PA 170113 (717) 243-3341 Dated: August 12, 2003 SHERIFF'S RETURN - CASE NO: 2003-03600 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CASPER APRIL ET AL VS LICHENBERGER DANIEL ET AL REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within WRIT OF SI/MMONS LICHTENBERGER HARRY DEFENDANT , at 2120:00 HOURS, at 1338 SWOPE DRIVE BOILING SPRINGS, PA 17007 HARRY LICHTENBERGER a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 30th day of July , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~- day of A.D. thonotary So Answers: R. Thomas Kline 07/31/2003 /~ HOBERT C HAVA // SHERIFF'S RETURN ~ NOT FOUND CASE NO: 2003-03600 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CASPER APRIL ET AL VS LICHENBERGER DANIEL ET AL R. Thomas Kline duly sworn according to inquiry for the within named DEFENDANT LICHTENBERGER DANIEL unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being law, says, that he made a diligent search and but was He therefore returns the WRIT OF SUMMONS the within named DEFENDANT 1338 SWOPE DRIVE BOILING SPRINGS, PA 17007 , NOT FOUND , as to t LICHTENBERGER DANIEL DANIEL CURRENTLY LIVES IN PHILADELPHIA AREA. PARENTS REFUSED TO GIVE EXACT ADDRESS. Sheriff's Costs: Docketing 18 Service 5 Not Found 5 Surcharge 10 38 00 52 00 00 00 52 Sheriff of Cumberland County ROBERT CLARAVAL 07/31/2003 Sworn and subscribed to before me this ~, ~ day of ~ Pro~h6notary Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS April Casper and Mark Casper Husband and Wife Plaintiff Vs. Daniel Lichtenberger and Harry Lichtenberger Defendant Court of Common Pleas No. 2003-3600 Civil In CivilAction-Law To Daniel Lichtenberger and Harry Lichtenberger You are hereby notified that April Casper and Mark Casper Husband and wife the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date July 29, 2003 CURTIS R. LONG Prothonotary By ~ ~,,~ De/puty Attorney: Name: Robert F. Claraval, Esq. Address: P.O. Box 11965 Harrisburg PA 17108-1965 Attorney for: Plaintiff Telephone: 717-233-4780 Supreme Court ID No. 19222 ,...,,~ ereo~, I here unto set my hanoi day of ,~ APRIL CASPER and MARK CASPER, husband and wife, Plaintiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3600-Civil CIVIL ACTION .- LAW NOTICE - COMPLAINT YOU HAVE BEEN SUED 1N 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 buy 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 of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Referral Service Court Administrator Fourth Floor, Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las pfiginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despu6s de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente o y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted el abogado le advierte que que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por el demandante. Usted puede perder el dinero o la caracteristica de otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR TELI~FONO La OFICINA DISPUESTA ABA JO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI(~N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI~)N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JUR[DICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO O NINGI~N HONORARIO Cumberland County Referral Service Court Administrator Fourth Floor, Courthouse Carlisle, PA 17013 (717) 240-6200 APRIL CASPER and MARK CASPER, husband and wife, Plaintiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3600-Civil CIVIL ACTION - LAW COMPLAINT Parties 1. The Plaintiffs April Casper and Mark Casper are adult individuals who reside at 2213 Boxwood Lane, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant Daniel Lichtenberger is an adult individual whose last known address was1338 Swope Drive, Boiling Springs, Pennsylvania, 17007. 3. The Defendant Harry Lichtenberger is an adult individual who resides at 1338 Swope Drive, Boiling Springs, Pem~sylvania, 17007. Background 4. On August 7,2001 at approximately 8:50 a.m. the Plaintiff April Casper was driving her 1994 Chevrolet Blazer. Her 12 month old son Adam was in the vehicle with her. 5. On that same date the Defendant Daniel Lichtenberger was operating a1993 Altima owned by Harry Lichtenberger. 6. The Plaintiff April Casper was traveling on SR0074 at its intersection with Old Stonehouse Road. SR0074 was not controlled by a traffic signal at this intersection. 7. The Defendant Daniel Lichtenberger was traveling on Old Stonehouse Road and had a stop sign requiring him to stop at the intersection with SR0074. 8. Without regard to the Plaintiff April Casper's vehicle which was lawfully proceeding through the intersection of SR0074 and Old Stonehouse Road, the Defendant Daniel Lichtenberger pulled directly into April Casper's path in an attempt to turn left. 9. Despite slamming on her brakes, April Casper was unable to bring her vehicle to a stop and struck the driver's side of the automobile driven by Daniel Lichtenberger. 10. The force of the impact caused April Casper to be jolted forward and backward inside her vehicle and caused extensive damage to April Casper's car requiring it to be towed from the accident scene. -2- 11. The Plaintiff April Casper had pumhased auto insurance with full tort coverage which was in effect at the date of the crash. COUNT I April Casper v. Daniel Lichtenberger Negligence 12. Paragraphs 1-11 are incorporated herein by reference thereto. 13. The collision and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff April Casper are the direct result of the carelessness, recklessness and negligence of the Defendant Daniel Lichtenberger as more particularly described below. (a) In failing to stop his vehicle before colliding with the vehicle in which the Plaintiff April Casper was driving. (b) In failing to keep alert and to maintain a proper lookout for the presence of other motor vehicles, more specifically, the Plaintiff April Casper's vehicle. -3- (c) In failing to keep adequate and proper control over his vehicle to avoid contact with the automobile which the Plaintiff April Casper was driving. (d) In operating his vehicle with careless disregard for the rights or safety of others in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, specifically 75 Pa. C.S.A. §3714 "Careless Driving." (e) In operating his vehicle in willful or wanton disregard for the safety of others lawfully on the roadway specifically including April Casper in violation of 75 Pa.C.S.A. §3736. (f) In failing to stop for a traffic signal in violation of 75 Pa.C.S.A. §3323. Damages 14. Paragraphs 1-13 are incorporated herein by reference thereto. 15. The force and impact of the collision as caused by the negligence of the Defendant Daniel Lichtenberger caused serious and permanent injury to the Plaintiff April Casper for which she has received medical and chiropractic care. -4- 16. The Plaintiff April Casper suffered the following injuries as a result of the negligence of the Defendant: (a) (b) (c) (d) (e) (f) (g) Injury to cervical spine including bulging disc; Injury to thoracic and lumbar spine; Aggravation of pre-existing cervical condition; Contusion to right knee; A greater susceptibility to spinal injury; Acceleration of degenerative changes in spine; Limitation in range of motion 17. As a result of the negligence of the Defendant Daniel Lichtenberger as described herein, the Plaintiff April Casper has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 18. Plaintiff April Casper may in the future sustain a loss of eumings and an impairment to her earning capacity. -5- 19. Plaintiff April Casper has been forced to expend sums of money for medical services, medication, therapy and related expenses in the past and will be required to continue to do so in the future. 20. All of PlaintiffApril Casper's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereofi 21. The negligence of the Defendant Daniel Lichtenberger has resulted in the general deterioration of Plaintiff April Casper's well-being. 22. The PlaintiffApril Casper's 12 month old son was in the car at the time of the crash and April suffered emotional distress in observing her son being injured in the crash and being put at risk. WHEREFORE, the PlaintiffApril Casper demands judgment against the Defendant Daniel Lichtenberger in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages, and costs of suit. -6- COUNT II April Casper v. Harry Liehtenberger 23. Paragraphs 1-22 are incorporated herein by reference thereto. 24. Upon information and belief, and as shall be revealed during discovery, at the time of the crash the Defendant Daniel Lichtenberger was operating the car for the benefit of the car's owner Harry Lichtenberger and as such was the agent of the Defendant Harry Lichtenberger. 25. Upon information and belief, and as shall be revealed during discovery, at the time of the crash the Defendant Harry Lichtenberger negligently entrusted the car to the Defendant Daniel Lichtenberger. WHEREFORE, Plaimiff April Casper demands judgment against the Defendant Hm'ry Lichtenberger in an amount which exceeds the compulsory, arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. COUNT III Mark Casper v. Daniel Lichtenberger 26. Paragraphs 1-25 are incorporated herein by reference thereto. -7- 27. The Plaintiff Mark Casper is married to the PlaintiffApril Casper and was so at the time of the incident described above. 28. The Plaintiffs Mark Casper and April Casper have resided together since before and after the crash described above. 29. By reason of the aforesaid injuries to his wi fe, Mark Casper has been and will in the future be deprived of the assistance, society and companionship of his wife. WHEREFORE, the Plaintiff Mark Casper demands judgment against the Defendant Daniel Lichtenberger in an amount in excess of the compulsory arbitration limits of Cumberland County, together with interest, delay damages, punitive damages, and costs of suit. COUNT IV Mark Casper v. Harry Lichtenberger 30. Paragraphs 1-29 are incorporated herein by reference thereto. 31. Upon information and belief, and as shall be revealed during discovery, at the time of the crash the Defendant Daniel Lichtenberger was operating the car for the benefit of the car's owner Harry Lichtenberger and as such was the agent of the Defendant Harry Lichtenberger. -8- 3 2. Upon information and belief, and as shall be revealed during discovery, at the time of the crash the Defendant Harry Lichtenberger negligently entrusted the car to the Defendant Daniel Lichtenberger. WHEREFORE, Plaintiff Mark Casper demands judgment against the Defendant Harry Lichtenberger in an amount which exceeds the compulsory, arbitration limits of Cumberland County, together with interest, delay damages and costs of suit. Date: CLARAVAL & CLARAVAL -- ROBERT F.~LARATVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court I.D. #19222 Attorneys for Plaintiffs -9- · SEP-03-2003 10:51 TT~H '717 23? '7105 P,02 VERIFICATION The la~,gu~e o¢ tl~o ¢o£~goi~g document is ~t o~ ~1 ~d not n~s~ly my own; ~w~, I have rc~ ~ fomsoi~ doc~t radio the exit tMt it is b~ upon ~t I have ~v~ ~o co~l, it is ~e ~d ~e~ to ~e ~t of my ~owl~e, ~o~ali~ ~d b~lief; to thc extent ~ the content of~c forc~ohl~ d~t ~ ~a OfCO~k I havc r~E~ ~on co~el in m~n~ ~ I understand lhat any f~l~e statements herein ere mad~ subjcc~ to thc penalties of 18 Pa.C.S.A. §4904, relaling to ~n.~,om fal.s~calion to authorities. TOTAL P.02 APRIL CASPER and MARK CASPER, husband and wife, Plaintiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-3600-Civil : CIVIL ACTION o LAW CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Complaint by first class mail, postage prepaid, addressed to the :following person: Thomas J. Williams, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Date: CLARAVAL & CLARAVAL DENISE I. WILLIAMS, Secretary APRIL CASPER and MARK CASPER, husband and wife, Plaintiffs DANIEL LICHTENBERGER and HARRY LICHTENBERGER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3600 - CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARD~~ BYR~SEsquire ' I.D. Number Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO Date: