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HomeMy WebLinkAbout04-0247WAYNE F. SHADE Attorney al Law RYANNE C. HOUSER and CLIFF L. HOUSER, Plaintiffs Vo CINDY LOU JOHNSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.~ CIVIL TERM : JURY TRIAL DEMANDED 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 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 of 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. 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717)249-3166 Wayn~ F~. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pe~msylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania RYANNE C. HOUSER and CLIFF L. HOUSER, Plaintiffs CINDY LOU JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO.~- CIVIL TERM : : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs RYANNE C. HOUSER and CLIFF L. HOUSER are adult individuals who reside at 35 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania 17257, and who at all times relevant hereto have been wife and husband. 2. Defendant CINDY LOU JOHNSON is an adult individual who resides at 4266 McClays Mill Road, Shippensburg, Franklin County, Pennsylvania 17257. 3. On or about March 25, 2003, Plaintiff Ryanne C. Houser was operating her 1996 Ford automobile in the westbound lanes of East King Street at the intersection of King Street with Earl Street in the Borough of Shippensburg, Cumberland County, Pennsylvania. At the same date, time and place, Defendant was operating her 1990 Ford automobile in the eastbound lanes of East King Street. WAYNE F. SHADE o As Plaintiff Ryanne C. Houser entered the intersection of King Street and Earl Street, Defendant turned left in front of Plaintiff and collided head-on with Plaintiff's vehicle. 6. At the time of the collision, there were no adverse conditions to travel other than Defendant's blood-alcohol content of .21%. 7. Although Plaintiff Ryanne C. Houser was traveling less than twenty miles per hour as she approached the intersection of King Street and Earl Street, the speed of Defendant's vehicle was such that the force of the collision caused both front air bags in Plaintiff's vehicle to be deployed. 8. The damages to Plaintiff's vehicle were sufficiently extensive that the expense of repairing it would have exceeded the value of the vehicle so that it was a total loss. 9. As a result of the collision Plaintiff Ryanne C. Houser, who was wearing her lap and shoulder belt, suffered trauma to her right knee and severe bruises to her chest and abdomen. -2- WAYNE F. SHADE 10. At the time of her injuries, PlaintiffRyanne C. Houser was a wife, mother of two small children under the age of three years and the licensed director of the Steps Ahead Children's Center which cares for more than forty children each day. 11. Because Plaintiff Ryanne C. Houser was needed in all of those capacities, she returned to work six days after her injuries and worked through the pain of the effects of the injuries upon her person. 12. For several weeks after the collision, Plaintiff Ryanne C. Houser had constant pain from her injuries including difficulty sleeping as a result of the injuries to her chest and abdomen which made it particularly difficult for her to breath. 13. The aforesaid collision was directly and proximately caused by the negligence, gross negligence, recklessness and willful disregard for the safety of Plaintiff Ryanne C. Houser on the part of Defendant in the operation of her vehicle in a careless, reckless and grossly negligent manner while under the influence of alcohol to an extent more than twice the allowable blood-alcohol content while operating a motor vehicle in the Commonwealth of Pem~sylvania. -3- 14. At all times material hereto, Plaintiff Ryanne C. Houser was acting with due care and was not contributorily negligent. 15. Although she was dazed by the force of the impact, PlaintiffRyanne C. Houser never lost consciousness and was in immediate and severe pain in her knee, chest and abdomen. 16. The injuries to Plaintiff Ryanne C. Houser were such that both Plaintiffs were deprived of the society, companionship, contributions and consortium of the other to their substantial detriment and loss. WHEREFORE, Plaintiffs demand judgment for compensatory and punitive damages against Defendant in an amount in excess of $25,000 plus costs and interest. Wayne ~ Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Ry~e C. Houser CliffL.~ser / WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSER RYANNE C ET AL VS JOHNSON CINDY LOU Thomas Kline duly sworn according to law, says, that he and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being made a diligent search and , to wit: JOHNSON CINDY LOU but was unable to locate deputized the sheriff of serve Her in his bailiwick. FRANKLIN County, the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 3rd , 2004 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 41.86 .00 78.86 03/03/2004 WAYNE SHADE Sworn and subscribed to before me this ~/~ day of~ ~0 ~.~ A.D. honotary ~ this office was in receipt of the So answer~s~.'.~ - ___j~_t _~/j_ R / Thomas KliCne - Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Ryanne C. Houser et al cindy Lou Johnson SERVE: s~me 04-247 civil No. NOW, January 20, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin Collrlty to execute this Writ, this Affidavit of Service within upon 200 h/, at/.' ~o o'clock ]~, M. served the So answers, County, PA Sworn and subscribed before me this day of ,2O COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2004-00018 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN RYA/qNE C HOUSER, ET AL VS CINDY LOU JOHNSON GUS ALEXIOU County, Pennsylvania, says, the within COMPLAINT JOHNSON CINDY LOU DEFENDANT , at 0013:20 at 4266 MCCLAYS MILL ROAD SHIPPENSBURG, PA 17257 CINDY LOU JOHNSON a true and attested copy of , Deputy Sheriff of FPJkNKLIN who being duly sworn according to law, was served upon Hour, on the 4th day of February , __ by handing to COMPLAINT the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 Sworn and Subscribed to before me this ~/~ day oft &O0-- So Answers: sus ALS Aou _ By ~'~~:~~~ Deputy Sheriff 02/24/2004 CUMBERLAND COUNTY SHERIFF