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HomeMy WebLinkAbout07-6684IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EUGENE H. GRAHAM and LINDA GRAHAM, husband and wife, 2400 Spring Road Carlisle, PA 17013 versus Plaintiff(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Defendant(s) & Address(es) Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X )Sheriff Bradford Dorrance, Esquire KEEPER WOOD ALLEN & RAHAL UP 210 a nut Street PO. Bo 11963 x .Harrisburg, PA 17108-1963- Names/Address/ Telephon No. of Attorney (717) 255-8014 gnature ?of Attorney Supreme Court ID No. 32147 Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ro honotary !2 ' - Date by 0--2.0 - Deputy ( ) Check here if reverse is issued for additional information No. -? ?frJzvn Civil Action - (X) Law ( ) Equity W. LAVERNE SHOVER and DORIS SHOVER, husband and wife, 103 Lancaster Avenue Enola, PA 17025 PROTHON. - 55 N ? a .W` 0 c5 -n -o -M' 1 CF-+ -c 160 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06684 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRAHAM EUGENE H ET AL VS SHOVER W LAVERNE ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SHOVER DORIS the DEFENDANT , at 1641:00 HOURS, on the 8th day of November-, 2007 at 103 LANCASTER AVENUE ENOLA, PA 17025 by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge , - `011 11%1? Sworn and Subscibed to before me this of So Answers: 6.00 .00 i??.t'? -.P .00 10.00 R. Thomas Kline .00 16.00 11/13/2007 KEEFER WOOD ALLEN RAHAL By. day Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND r CASE NO: 2007-06684 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRAHAM EUGENE H ET AL VS SHOVER W LAVERNE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHOVER W LAVERNE but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT , SHOVER W LAVERNE 103 LANCASTER AVENUE NOT FOUND , as to ENOLA. PA 17025 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 14.40 5.00 10.00 .58 47.98 So answers: , R. Thomas Kline Sheriff of Cumberland County KEEFER WOOD ALLEN RAHAL 11/13/2007 Sworn and Subscribed to before me this day of A. D. EUGENE H. GRAHAM and LINDA GRAHAM, husband and wife, Plaintiffs V. W. LAVERNE SHOVER and DORIS SHOVER, husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED • 01- No. 6684 Civil Term N O T I C E 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 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 LAWYER REFERRAL SERVICE Cumberland County Bar Associatoin 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 A V I S O USTED HA SIDO DEMANDADO/A EN CORTE. Si usted disea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notificacion de esta Demanda y Aviso radicanado personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomas accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFINCINA. ESTA OFINCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR PRO LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Associatoin 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 KEEFER WOOD ALLEN & RAHAL, LLP Dated: B 1(?? Z?d 17 Y. i Bradford Dorrance I. D. #32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFFS 2 EUGENE H. GRAHAM and : IN THE COURT OF COMMON PLEAS OF LINDA GRAHAM, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JURY TRIAL DEMANDED W. LAVERNE SHOVER and DORIS SHOVER, husband and wife, Defendants No. 6684 Civil Term COMPLAINT 1. At all relevant times, plaintiffs, Eugene H. Graham and Linda Graham ("the Grahams"), were and are married adult individuals domiciled and residing at 2400 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. At all relevant times, defendants, W. Laverne Shover and Doris Shover (the "Shovers"), were married adult individuals domiciled and residing at 103 Lancaster Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. On information and belief, defendant, W. Laverne Shover, died sometime after November 14, 2005, a resident of Cumberland County, Pennsylvania, but no estate was administered and no personal representative was appointed on his behalf. COUNT I EUGENE H GRAHAM V. W. LAVERNE SHOVER AND DORIS SHOVER 4. Plaintiff, Eugene H. Graham, incorporates herein by reference the allegations in paragraphs 1 through 3 above. 5. On November 14, 2005, at approximately 7:10 p.m., Mr. Graham was heading northbound in his 2001 Nissan Ultima, lawfully stopped on Center Street at its intersection with the entrance to the Highmark Complex in East Pennsboro Township, Cumberland County, Pennsylvania. 6. At the stated time and location, Doris Shover, was driving northbound on Center Street in her 2005 Dodge station wagon, proceeding in the 45-MPH zone without any concern for the red light and vehicle in front of her. 7. Suddenly and without warning, Mrs. Shover slammed into the rear of Mr. Graham's vehicle, causing a whiplash effect to his head, neck, and shoulders. 8. After surveying the damage to both drivers' vehicles, Ms. Shover apologized to Mr. Graham stating "I'm sorry...I didn't see you." 9. Immediately after his vehicle was violently rear-ended, Mr. Graham felt a burning, stinging sensation in his neck. 10. The East Pennsboro Township police promptly arrived at the scene and cited Mrs. Shover for driving at an unsafe speed. 2 11. The accident was directly and proximately caused by defendant Shover's negligence and carelessness including the following: (a) operating the vehicle in a careless manner and/or at an excessive rate of speed under the circumstances; (b) failing to maintain her vehicle under proper and adequate control so as to prevent its collision with Mr. Graham's vehicle and/or failing to maintain an assured clear distance between the vehicles which would have enabled her to stop without striking Mr. Graham's vehicle; (c) failing to keep a proper look out for other vehicles, including the one which Mr. Graham was lawfully operating at the time of the accident; (d) operating her vehicle with no warning of approach or intended direction and/or failing to use due care under the circumstances; (e) failing to notice Mr. Graham's vehicle and/or failing to yield the right of way to the vehicle; (f) failing to apply her brakes in sufficient time to avoid striking the vehicle; (g) failing to avoid the collision with Mr. Graham's vehicle; and (h) operating her vehicle in violation of the rules of the road and otherwise engaging in conduct which constitutes 3 negligence per se and as a matter of law, including violation of the Motor Vehicle Code, 75 Pa. C.S. §§ 3361 and related provisions. 12. Defendant, W. Laverne Shover, knew or should have known his wife, Doris Shover, was acting as his employee or agent and/or was a reckless or negligent driver. 13. At all material times, Mr. Graham acted with due care and was not contributorily negligent. 14. As a direct and proximate result of defendants' negligence, Mr. Graham has suffered and will continue to suffer from physical injuries (some or all of which may be permanent), including, without limitation: aggravation of degenerative disk disease in his cervical and lumbar spine; arthritis and post- traumatic arthritis in those affected areas; hyperextension injury to his neck and various abnormalities including disk bulging at C5-6; resulting migraines; resulting pain and restrictions in his left shoulder, left arm, and neck; reduced range of motion in those affected areas; and related consequences of those injuries. 15. As a direct and proximate result of the injuries sustained, Mr. Graham has suffered and/or suffers and/or may continue to suffer from physical and/or mental anguish, pain, suffering, and inconvenience. 4 16. As a direct and proximate result of the injuries sustained, Mr. Graham has suffered and/or suffers and/or may continue to suffer shock and injury to the nerves and nervous system and emotional distress; worry, anxiety, apprehension, frustration, humiliation, embarrassment, and degradation. 17. As a direct and proximate result of the injuries sustained, Mr. Graham has been deprived, and/or is deprived, and/or may continue to be deprived of the ordinary pleasures and enjoyment of life. 18. As a direct and proximate result of the injuries sustained, Mr. Graham has received, and/or is receiving, and/or may continue to receive medical care, treatment, and surgery, medicines, physical, occupational, and rehabilitative therapy, and other related services. 19. As a direct and proximate result of the injuries sustained, Mr. Graham has suffered, and/or is suffering, and may continue in the future to suffer a loss of earnings and/or his earning power and capacity have been and/or may be diminished in the future. 20. As a direct and proximate result of the injuries sustained, Mr. Graham has been or may in the future be prevented from carrying on his intended profession or occupation or any gainful employment. 5 21. As a direct and proximate result of defendants' negligence, Mr. Graham has sustained other out-of-pocket expenses and damages. 22. Alternatively, defendants' acts and omissions were substantial or contributing factors in causing plaintiff's injuries and damages, as alleged above. Alternatively, Mr. Shover's negligent entrustment of his vehicle to his wife, agent, and/or employee, Doris Shover, were substantial or contributing factors. WHEREFORE, plaintiff, Eugene H. Graham, demands judgment against defendants, W. Laverne Shover and Doris Shover, jointly and severally, in an amount in excess of the mandatory arbitration limit under local rule (exclusive of interest and costs). Plaintiff requests such other relief as the court may deem appropriate. COUNT II LINDA GRAHAM v. W. LAVERNE SHOVER AND DORIS SHOVER 23. Plaintiff, Linda Graham, incorporates herein by reference the allegations in paragraphs 1 through 22 above. 24. As a direct and proximate result of defendants' acts and omissions, plaintiff, Linda Graham, has sustained a loss of 6 her husband's consortium, companionship, society, contributions, and services. 25. As a direct and proximate result of defendants' acts and omissions, Ms. Graham has sustained other losses and damages. 26. Alternatively, defendants' acts and omissions were substantial or contributing factors in causing plaintiff's injuries, as alleged above. WHEREFORE, plaintiff, Linda Graham, demands judgment against defendants, jointly and severally, in an amount in excess of the mandatory arbitration limit under local rule (exclusive of interest and costs). Plaintiffs request such other relief as the court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: Z By: 1 t II ?0? Bradford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) 7 VERIFICATION We, Eugene H. Graham and Linda Graham, hereby verify and state that: 1. We are plaintiffs in the foregoing matter and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing complaint are true and correct to the best of our knowledge, information and belief. 3. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: Eugene H. Graham Dated: 16 131J ag Li da Graham CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postage Prepaid Addressed as Follows: Debra L. Wallace, AIC, Claims Adjuster Erie Insurance Group 4902 Carlisle Pike PMB 312 Mechanicsburg, PA 17050 Dated: ?-3C 6t Bradford Dorrance c :>; F i ?Ti .4 EUGENE H. GRAHAM and : IN THE COURT OF COMMON PLEAS OF LINDA GRAHAM, husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. JURY TRIAL DEMANDED W. LAVERNE SHOVER and DORIS SHOVER, husband and wife, : Defendants No. 6684 Civil Term PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above-captioned action against defendants with prejudice. KEEFER WOOD ALLEN & RAHAL, LLP Dated: j/Z-310 By: / C radford Dorrance I.D. #32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Plaintiffs) CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail Postage Prepaid Addressed as Follows: Debra L. Wallace, AIC, Claims Adjuster Erie Insurance Group 4902 Carlisle Pike PMB 312 Mechanicsburg, PA 17050 Dated: 1/2. 3Zo Bradford Dorrance - r:ca .. . "''° ? i _ °%J Y ' q..w ,? J ?J. ?