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Home My WebLink About04-0206MILLER AND HAUPTMAN 105 W. Street Road Feasterville, PA 19053 BY: THEODORE HAUPTMAN, ESQUIRE 1.D. No. 28494 (215) 396-2800 CLARENCE LARK and VIDA LARK, husband and wife 5921 Roosevelt Blvd. Philadelphia, PA 19149 MAJOR NON JURY COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ALBERT CLARK 1010 S. 17th Street Harrisburg, PA 17103 and RUFUS JOHNSON 628 N. 64~h Street Philadelphia, PA 19151 CIVIL ACTION COMPLAINT 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 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 wazned 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 OR CANNOT AFFORD ONE, 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 HIP~ A LAWYER, THIS OFFICE MAy BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TF3%T MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CIVIL ACTION COUNT I - GENERAL AVERMENTS Plaintiffs are husband and wife residing at the above captioned address. 2. Defendant, Albert Clark, is an adult individual residing at the above captioned address. 3. Defendant, Rufus Johnson, is an adult individual residing at the above captioned address. 4. At all times relevant herein, Defendants acted as the agents, servants, workmen, and~or employees of each other acting within the course and scope of their employment and agency with one another. 5. On or about April 12, 2002, Plaintiff, Clarence Lark, was an occupant of a motor vehicle which was being operated by Defendant, Albert Clark, and which was owned by Defendant, Rufus Johnson, which was proceeding in an easterly direction on Route SR581 at or near its intersection with Route SR641 in Hampden Township, Cumberland County, Comanonwealth of Pennsylvania when the vehicle operated and owned by Defendants was caused to lose control and strike the highway concrete barrier causing the injuries and damages the details of which are set forth hereinafter. 6. The accident aforesaid was caused by the negligence and carelessness of Defendants jointly and severally in that Defendants did: collision; (a) fail to have said vehicle under proper and adequate control at the time of the (b) operate said vehicle at a high and excessive rate of speed under the circumstances; (c) fail to give proper and sufficient warning of the approach of said vehicle; (d) operate said vehicle without due regard for the rights, safety and position of the Plaintiff; (e) operate said vehicle in such a manner that it could not be brought to a stop within the assured, clear distance ahead; (f) violate the Statutes of the Commonwealth of Permsylvania pertaining to the operation of vehicles; and (g) otherwise, fail to exercise caution and due care as discovery, evidence and testimony may establish. COUNTII-CLARENCE LARK V. DEFENDANTS 7. Plaintiff incorporates herein by reference thereto, the allegations contained in paragraphs 1 through 6 as though same were set forth more fully herein at length. 8. As a result of the negligence and carelessness aforesaid, Plaintiff, Clarence Lark, sustained injury to his neck, left shoulder, ribs and back, including bones, muscles, ligaments and discs thereof, injuries including cervical strain, left shoulder strain, left rib contusion, lung puncture, dorsaMumbar strain and sprain, right tibial contusion, as well as various other injuries and conditions as may be established and injury to the nerves and nervous system causing Plaintiff to endure pain and suffering and to lose time from Plaintiff's usual duties, activities and occupation, causing a loss of earnings and earning capacity, all of which may be permanent. WHEREFORE, Plaintiff demands Judgment against Defendants jointly and severally in an amount in excess of Twenty five ($25,000.00) dollars. COUNT III - VIDA LARK V. DEFENDANTS 9. Plaintiff incorporates herein by reference thereto, the allegations contained in paragraphs 1 through 8 as though same were set forth more fully herein at length. 10. As a result of the negligence and carelessness of Defendants aforesaid, Plaintiff, Vida Lark, has been deprived of the assistance, society and companionship of Plaintiff's spouse for a period as established at the time of trial. WHEREFORE, Plaimiff demands Judgment against Defendants jointly and severally in an amount in excess of Twenty five thousand ($25,000.00) dollars. BY: MILLER AND HAUPTMAN ~,~rD~E HAUPTMAN, ESQUIRE ~.Jk-~TTORNEY FOR PLAINTIFFS VERIFICATION THEODORE HAUPTMAN, ESQUIRE, hereby states that he is Plaintiffs counsel in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Plaintiff's counsel is authorizedto take this verification in order to avoid undue delay in this matter because of the upcoming Statute of Limitations and as this action represents a Savings Action in an uninsured motorist claim. Plaintiff's verification will be substituted at a later date. DATED: January 12, 2004 ~MAN ATTORNEY FOR PLAINTIFF MILLER AND HAUPTMAN 105 W. Street Road Feasterville, PA 19053 BY: THEODORE HAUPTMAN, ESQUIRE I.D. No. 28494 (215) 396-2800 CLARENCE LARK and VIDA LARK, husband and wife 5921 Roosevelt Blvd. Philadelphia, PA 19149 VS. ALBERT CLARK 1010 S. 17th Street Harrisburg, PA 17103 and RUFUS JOHNSON 628 N. 64~h Street Philadelphia, PA 19151 MAJOR NON JURY COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04-206 Civil Term PRAECIPE TO THE PROTHONOTARY: Kindly substitute the attached Plaintiff's Verification for the Attorney Verification previously filed in the above matter. BY: MILLER AND HAUPTMAN ~~qT['~TMAN, ESQUIRE ATTORNEY FOR PLAINTIFFS VERIFICATION CLARENCE LARK hereby states that he is Plaintiff in this action and verifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CLARENCE LARK DATED: [- t'''~ - ~ q SHERIFF'S RETURN - CASE NO: 2004-00206 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IJtRK CLARENCE ET AL VS CLARK ALBERT ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CLARK ALBERT but was unable to locate Him deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On January 28th , 2004 , attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 25.50 .00 62.50 o~/28/2oo4 MILLER & HAUPTMAN Sworn and subscribed[ to before me this ~.~ day of~.~/~L~// ,/} J Pr,oth~notary ~ this office was in receipt of the R. Thomas Kline Sheriff of Cumberland County ~n The Court of Common Pleas of Cumberland County, Pennsylvania Clarence Lark et al VS. ALbert Clark et al SERVE: Albert CLark No. 04-206 civil Now, January 16, 2004 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now~ within upon at by handing to and made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __. day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistam Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:January 26, 2004 NOTICE & COMPLAINT CLARK ALBERT to DEF of the original : L~RK CLARENCE vs : CLARK ALBERT Sheriff's Return No. 0192-T - -2004 OTHER COUNTY NO. 04 206 at 8:05AMserved the within upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT and making known to him/her the contents thereof at 1010 SOUTH 17TH STREET HARRISBURG, PA 17103-0000 Sworn and subscribed to before me this 26TH day(.%f JANUARY, 2004 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa_~ Deputy Sheriff Sheriff's Costs: $25.50 PD 01/21/2004 RCPT NO 186964 ME MILLER AND HAUPTMAN 105 W. Street Road Feasterville, PA 19053 BY: THEODORE HAUPTMAN, ESQUIRE I.D. No. 28494 (215) 396-2800 CLARENCE LARK and VIDA LARK, husband and wife 5921 Roosevelt Blvd. Philadelphia, PA 19149 VS. ALBERT CLARK 1010 S. 17th Street Harrisburg, PA 17103 and RUFUS JOHNSON 628 N. 64th Street Philadelphia, PA 19151 MAJOR NON JURY COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 04-206 ORDER TO DISCONTINUE AND END TO THEPROTHONOTARY: Kindly mark the above captioned matter as Discontinued and Ended. MILLER AND HAUPTMAN ~__ODORF~AIJPTMAN Attorney for Plaintiffs