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Home My WebLink About07-5687CARLA C. ARNOLD and IN THE COURT OF COMMON PLEAS OF MICHAEL V. ARNOLD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. CIVIL ESTATE OF CLAIRE C. LINDSEY c/o John Albert Lindsey 4447 Dunmore Drive Harrisburg, PA 17112 And c/o Carol Kuhn 412 Chestnut Street Mount Holly Springs, PA 17065 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY, Please issue a writ of summons upon the above captioned Defendant. Thank you for your prompt attention to this matter. Respectfully submitted, Date: . z?, 2-0a1 ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 ?'? ^-, - ? ?? ?? _ _ ? ? c? 1' S ? _= ,' J ? ? -_ , ?; r... ???? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas CARLA C. ARNOLD and MICHAEL V. ARNOLD Plaintiff Vs. No 07-5687 ESTATE OF CLAIRE C. LINDSEY c/o John Albert Lindssey 4447 Dunmore Drive Harrisburg, PA 17112 And c/o Carol Kuhn 412 Chestnut Street Mount Holly Springs, PA 17065 In CivilAction-Law Defendant To ESTATE OF CLAIRE C. LINDSEY, c/o John Albert Lindsey and c/o Carol Kuhn, Defendants, You are hereby notified that CARLA C. ARNOLD AND MICHAEL V. ARNOLD the Plaintiff(s) 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. /s/ dam:. ^' e;, (SEAL) Curtis R. Long, Prothonotary Date September 28, 2007 By I.?.a Q- C•???'" Deputy Attorney: JOSEPH D. BUCKLEY, ESQUIRE Name: Address: 1237 HOLLY PIKE CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-249-2448 Supreme Court ID No. 38444 CARLA C. ARNOLD and IN THE COURT OF COMMON PLEAS OF MICHAEL V. ARNOLD CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL 1 C rro- ESTATE OF CLAIRE C. LINDSEY : c/o John Albert Lindsey 4447 Dunmore Drive Harrisburg, PA 17112 And c/o Carol Kuhn 412 Chestnut Street Mount Holly Springs, PA 17065 Defendant VERIFICATION OF ACCEPTANCE OF SERVICE OF WRIT OF SUMMONS I, Christopher E. Rice, attorney for John Albert Lindsey and Carol Kuhn, Executors of the Estate of Claire C. Lindsey, hereby verify that I received a true and correct copy of the foregoing Writ of Summons and that I accept service of said writ on behalf of my clients and the estate of Claire C. Lindsey. Date Christopher E. Rice, Esquire Attorney for Defendant, Estate of Claire C. Lindsey 10 East High Street Carlisle, PA 17013 Cz _? O w r LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville PA 17901 (570) 622-1426 CARLA C. ARNOLD and MICHAEL V. ARNOLD VS. ESTATE OF CLAIRE C. LINDSEY c/o JOHN ALBERT LINDSEY and c/o CAROL KUHN Attorney for Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 07-5687 - Civil Action Law ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendants in the above matter. LAW OFFICES OF JEFFREY H. EISEMAN BY: ??-.--- Jeffrey M. Pollock Attorney for Defendants C ? ? -?c?c-c.. ?=- ??? ci ?. .?=" ?, +^?? ...? f ?? ? LAW OFFICES OF JEFFREY H. EISEMAN BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville PA 17901 (570) 622-1426 CARLA C. ARNOLD and MICHAEL V. ARNOLD VS. ESTATE OF CLAIRE C. LINDSEY c/o JOHN ALBERT LINDSEY and c/o CAROL KUHN Attorney for Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 07-5687 - Civil Action Law PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. BY: Jeffrey M. Pollock Attorney for Defendants RULE tt AND NOW, this alt ? - Day of ?lt,tA>E , 2008, a Rule is hereby GRANTED upon Plaintiff herein to file a Complaint within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. BY THE COURT: r-? - Y ? ?a ?.. ? '"? ? cry ; F . ? ?+. ??r yK .?..F+ {. ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLA ARNOLD and MICHAEL ARNOLD Plaintiffs Vs. NO. 07- 5687 CIVIL TERM ESTATE OF CLAIRE C. LINDSEY Defendant JURY TRIAL DEMANDED IMPORTANT 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 thirty days (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 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 19 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLA ARNOLD and MICHAEL ARNOLD Plaintiffs vs. : NO. 07- 5687 CIVIL TERM ESTATE OF CLAIRE C. LINDSEY, et. al. Defendants JURY TRIAL DEMANDED COMPLAINT r 11 AND NOW, this z day of July, 2008 comes Plaintiffs, by and through their attorney, Joseph D. Buckley and complains of Defendants as follows: Negligence- Failure to Properly Operate a Motor Vehicle 1. Carla C. Arnold ("Mrs. Arnold') and Michael V. Arnold ("Mr. Arnold"), wife and husband, are adult Pennsylvania residents currently residing at Petersburg Road, Carlisle, Cumberland County, PA 17013. 2. Defendant is Claire C. Lindsay was an adult United States citizen residing in Cumberland County and who has since the time of the incident referred to below passed away leaving an Estate of which her children John Albert Lindsey and Carol Kuhn qualified as the personal representatives of her Estate. 3. On September 30, 2005, Mrs. Arnold and Claire Lindsey worked to together at the Carlisle Farmer's Market, located on the York Road in South Middleton Township, Cumberland County, PA. 4. At that time Claire Lindsey was 92 years old, had a valid Pennsylvania drivers license and had driven her personally owned vehicle, an older model Ford Taurus, to the said Farmer's Market. 5. Mrs. Arnold was requested to help Claire Lindsey back Claire Lindsay's vehicle out of its parking spot, by walking behind the vehicle, checking for any on- coming vehicles and signaling Claire Lindsey when it was safe for her to back her Ford Taurus out of its parking spot. 6. On September 30, 2005, Mrs. Arnold accompanied Claire Lindsey to her said vehicle and after Claire Lindsay entered her vehicle and started the same, Mrs. Arnold walked behind the vehicle into the parking lot to check if it was safe for Claire Lindsay to back her vehicle out of its parking spot. 7. Without notice or warning to Mrs. Arnold, Claire Lindsay placed her vehicle in reverse and accelerated her vehicle in reverse striking Mrs. Arnold. 8. Claire Lindsay did this knowing that Mrs. Arnold was standing directly behind her vehicle and was not watching Claire Lindsay's vehicle, but was looking to see if it were safe for Claire Lindsay to back out of the parking spot. 9. Claire Lindsay was negligent in the operation of her vehicle. 10. As a result of Claire Lindsey striking Mrs. Arnold, Mrs. Arnold was thrown into the air and slammed to the pavement striking her shoulder and head. 11. Mrs. Arnold's injuries were caused by Claire Lindsey's failure to properly maintain and operate her vehicle and to proper insure that the area behind her was clear of all persons prior to accelerating in reverse. 12. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold suffered a head injury and shoulder injury. 13. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold was unable to return to work. 14. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold has suffered head injury, a brain injury and post concussion syndrome and the past and future mental stress associated with such an injury and its effects. 15. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold has had to in the past since the accident endure intensifying pain in her shoulder and the mental stress associated with such pain. 16. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold will in the future have to endure intensifying pain in her shoulder and the mental stress associated with such pain. 17. As a result of the Claire Lindsey negligence and striking Mrs. Arnold with her vehicle, Mrs. Arnold has been unable to perform certain functions in her daily life both at work and at home. 18. Mrs. Arnold has incurred medical bills not in excess of thirty-five thousand dollars ($35,000.00). 19. Mrs. Arnold will incur future medical bills not in excess of thirty-five thousand dollars ($35,000.00). 20. Mrs. Arnold has suffered lost wages in excess of thirty-five thousand dollars ($5,000.00). 21. Mrs. Arnold will suffer future lost wages in excess of thirty-five thousand dollars ($35,000.00). 22. Mrs. Arnold has suffered pain and mental anguish in excess of thirty-five thousand dollars ($35,000.00). 23. Mrs. Arnold will suffer future pain and mental anguish in excess of thirty-five thousand dollars ($35,000.00). 24. Mrs. Arnold has suffered loss of enjoyment in life in an amount in excess of thirty-five thousand dollars ($35,000.00). 25, Mrs. Arnold has suffered permanent impairment of mental functions in an amount in excess of thirty-five thousand dollars ($35,000.00). 26. Mrs. Arnold will suffer future loss of enjoyment in life in an amount in excess of thirty-five thousand dollars ($35,000.00). Loss of Consortium 27. Paragraphs 1-26 are incorporated by reference as though they were more fully set forth herein 28. Due to Mrs. Arnold's severe and continuing injuries, her husband Mr. Arnold had and has to live without the physical help of Mrs. Arnold and without the love and affection between a wife and her husband. 29. Mr. Arnold has and will suffer a loss of consortium in an amount in excess of thirty-five thousand dollars. WHEREFORE, Plaintiffs pray that this Honorable Court enter a judgment in their favor as against Defendant in an amount in excess of thirty-five thousand dollars, together with interest and the costs associated with this action. Respectfully submitted, Jo ph D. BuckleVEsquire tt rney of the Plaintiff I 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 VERIFICATION We, Carla C. Arnold and Michael V. Arnold, the Plaintiffs in this action, verify that we have read the foregoing Complaint and to the best of our individual knowledge, information and belief the statements made therein are true and correct. I understand that the statements made herein are subject to the provisions and penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date: ?- oZ, I n ACA R L " A C. e--LD l MICHAEL V. ARNOLD CERTIFICATE OF SERVICE I, Joseph D. Buckley, hereby certify that a true and correct copy of the forgoing Complaint was duly served on the following persons by first class United States mail at the following address: Jeffery M. Pollack, Esquire Law Offices of Jeffrey H. Eiseman 1599 Oak Road Pottsville, PA 17901 Date: 7- 21 - e' <. ' .? ?' ??° ? ?-, -.; c . ..?: am,. , ? ? ,u' ? , ?? ,.-- ??, :?= ? ?,,. ,, ?.:.. , - { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLA ARNOLD and MICHAEL ARNOLD : Plaintiffs ; VS. NO. 07- 5687 CIVIL TERM ESTATE OF CLAIRE C. LINDSEY ; Defendant PREACIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above captioned matter with prejudice as it has been resolved. Thank you. April 7, 2009 1L1 fF 1 5444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 CERTIFICATE OF SERVICE I, Joseph D. Buckley, hereby certify that a true and correct copy of the forgoing Complaint was duly served on the following persons by first class United States mail at the following address: Jeffery M. Pollack, Esquire Law Offices of Jeffrey H. Eiseman 1599 Oak Road Pottsville, PA 17901 Date: q -1- Q 7 OF THE PROTPO 10TARY 2009 APR -8 AN 9: 3 6 CUM _LMY