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Home My WebLink About01-1066HARRY G. BANZHOFF and JOAN F. BANZHOFF, Plaintiffs TIFFANY R. STEELE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 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 ease 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(s). 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. Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al parfir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o nofificacion y por cualquier queja o alivio que es pedido en la peficion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 :248090_ HARRY G. BANZHOFF and JOAN F. BANZHOFF, Plaintiffs Vo TIFFANY R. STEELE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Harry G. Banzhoff and Joan F. Banzhoff, by and through their attorneys, Mette, Evans & Woodside, P.C., and file this Complaint, averring as follows: 1. Plaintiff, Harry G. Banzhoff ["Mr. Banzhoffl'], is an adult individual residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17O55. 2. Plaintiff, Joan F. Banzhoff ["Mrs. Banzhoff'], is an adult individual residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Tiffany R. Steele, is an adult individual residing at 806 Grantham Road, Grantham, Cumberland County, Pennsylvania 17027, and with a mailing address of P.O. Box 176, Grantham, Pennsylvania 17027. 4. The accident hereinafter related took place on June 7, 1999, at the intersection of the Gettysburg Pike and W. Lisburn Road, at or about 12:30 p.m. in Upper Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Mrs. Banzhoff was driving a 1991 Oldsmobile 88 owned by Plaintiffs. 6. At the aforesaid time and place, Plaintiff Mr. Banzhoff was a passenger in the backseat of the vehicle driven by Mrs. Banzhoff. 7. At the aforesaid time and place, Defendant Steele was driving a 1994 Ford Mustang and was stopped on W. Lisburn Road, facing west at the stop sign at the intersection with the Gettysburg Pike. 8. At all times relevant hereto, Plaintiff Mrs. Banzhoff operated her vehicle on a highway exercising due and reasonable care under the circumstances. 9. At the aforesaid time and place, Plaintiff Mrs. Banzhoff lawfully drove her vehicle north on the Gettysburg Pike. 10. At the aforesaid time and place, Defendant Steele failed to yield the right-of-way to Plaintiff Mrs. Banzhoft's vehicle, which was traveling on a through highway. 11. At the aforesaid time and place, Defendant Steele negligently, carelessly, and recklessly crashed her vehicle into Plaintiff Mrs. Banzhoffs car, causing serious injury to Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff as hereinafter related. 12. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff sustained serious injuries, including: a. left shoulder injury; -2- b. left shoulder impingement syndrome; c. impingement on the left rotator cuff at the level of the acromion; d. traumatic subdeltoid bursitis of the left shoulder; e. right knee injury; and f. left arm bruises. 13. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff has and continues to suffer from left arm and shoulder pain; difficulty sleeping due to pain; and knee pain. 14. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff was treated at the hospital, received two cortizone injections into the left shoulder, underwent physical therapy, and had an MRI arthrogram. 15. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future mental anxiety; humiliation and embarrassment; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and e. Past and future medical expenses. -3- 16. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff sustained serious injuries, including: a. hematoma of the right antecubital fossa and forearm area; b. bruised knee; c. strain of the medial collateral ligament of the left knee; and d. hematoma of the chest. 17. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff has and continues to suffer from knee pain and arm pain. 18. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff was treated at the hospital, underwent physical therapy and had to use repeated, warm wet soaks on the hematoma. 19. As a direct result of the aforesaid accident, Plaintiff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future mental anxiety, humiliation and embarrassment; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and e. Past and future medical expenses. Count I Harry G. Banzhoff v. Tiffany R. Steele NEGLIGENCE 20. Paragraphs 1 through 19 are incorporated herein by reference as though fully set forth. 21. The aforesaid accident was directly and proximately caused by the negligence, carelessness, and recklessness of Defendant Steele, which included the following: ao c° do ho Failing to have her motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; Operating her motor vehicle without due regard to the rights, safety and position of the Plaintiff; Failing to have her motor vehicle under the proper control so as to prevent the vehicle from striking Plaintiffs' motor vehicle; Failing to keep an alert and proper lookout; Failing to notice the motor vehicle of the Plaintiffs; Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; Failing to apply her vehicle's brakes in sufficient time to avoid striking Plaintiffs' vehicle; Operating her motor vehicle in disregard of the rules of the road, the ordinances of Upper Allen Township, and the laws of the Commonwealth of Pennsylvania, including but not -5- limited to the Motor Vehicle Code, 75 Pa. Con. Stat. Ann. §§3361, 3362, and 3323(a), (b); i. Driving away from a stop sign and then driving into Plaintiffs' motor vehicle; j. Failing to yield to the right of way to a motor vehicle (Plaintiffs' motor vehicle) which was on a through highway; k. Failing to be attentive to other motor vehicles on the highway; 1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff; m. Operating her vehicle at a speed that was too fast for the conditions; and n. Failing to operate her motor vehicle in a safe manner in the area of an intersection; 22. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff acted with due care and were not contributorily negligent. 23. As a direct result of the negligence, carelessness and recklessness of Defendant Steele as set forth herein, Plaintiff Mr. Banzhoff sustained injuries and damages as set forth above. WHEREFORE, Plaintiff, Harry G. Banzhoff, demands judgment in his favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest and such other and further relief as the Court deems just and appropriate. -6- Count ri Joan F. Banzhoff v. Tiffany R. Steele NEGLIGENCE 24. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth. 25. The aforesaid accident was directly and proximately caused by the negligence, carelessness, and recklessness of Defendant Steele, which included: a. Failing to have her motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; b. Operating her motor vehicle without due regard to the fights, safety and position of the Plaintiff; c. Failing to have her motor vehicle under the proper control so as to prevent the vehicle from striking Plaintiffs' motor vehicle; d. Failing to keep an alert and proper lookout; e. Failing to notice the motor vehicle of the Plaintiffs; f. Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; g. Failing to apply her vehicle's brakes in sufficient time to avoid striking Plaintiffs' vehicle; h. Operating her motor vehicle in disregard of the rules of the road, the ordinances of Upper Allen Township, and the laws of the Commonwealth of Pennsylvania, including, but not limited to the Motor Vehicle Code, 75 Pa. Const. Stat. Ann. §§3731, 3361, 3362, and 3323(A), (B); -7- i. Driving away from a stop sign and then driving into Plaintiffs' motor vehicle; j. Failing to yield the right-of-way to a motor vehicle (Plaintiffs' motor vehicle) which was on a through highway; k. Failing to be attentive to other motor vehicles on the highway; 1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff; m. Operating her vehicle at a speed that was too fast for the conditions; and n. Failing to operate her motor vehicle in a safe manner in the area of an intersection; 26. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff acted with due care and were not contributofily negligent. 27. As a direct result of the negligence, carelessness, and recklessness of Defendant Steele as set forth herein, Plaintiff Mrs. Banzhoff sustained injuries and damages as set forth above. WHEREFORE, Plaintiff Joan F. Banzhoff demands judgement in her favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. Count III Harry G. Banzhoff v. Tiffany R. Steele LOSS OF CONSORTIUM 28. Paragraphs 1 through 27 are incorporated herein by reference as though fully set forth. 29. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Steele, Plaintiff Mrs. Banzhoff suffered severe and permanent injuries and damages as described in paragraphs 16 through 19 of this Complaint. 30. As a direct result of the aforesaid accident which caused personal injuries to Plaintiff Mrs. Banzhoff, Plaintiff Mr. Banzhoff has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of his wife, Joan F. Banzhoff. WHEREFORE, Plaintiff Harry G. Banzhoff demands judgement in his favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interests, and such other and further relief as the Court deems just and appropriate. -9- Count IV Joan F. Banzhoff v. Tiffany R. Steele LOSS OF CONSORTIUM 31. Paragraphs 1 through 30 are incorporated herein by reference as though fully set forth. 32. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Steele, the Plaintiff Mr. Banzhoff suffered severe and permanent injuries and damages as described in paragraphs 12 through 15 of this Complaint. 33. As a direct result of the aforesaid accident which caused personal injuries to Plaintiff Mr. Banzhoff, Plaintiff Mrs. Banzhoff has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of her husband, Harry G. Banzhoff. WHEREFORE, Plaintiff Joan F. Banzhoff demands judgment in her favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary, jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. VERIFICATION I, Harry G. Banzhoff, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. DATED: 2/23/01 VERIFICATION I, Joan F. Banzhoff, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. ! understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: 2/23/01 HARRY G. BANZHOFF and JOAN F. BANZHOFF, Plaintiffs TIFFANY R. STEELE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 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 or relief requested by the Plaintiff(s). 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. Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 I'RUE COPY FROM RECORD m Testimony whereof, I here unto set my han~ and tim s~l,ol ~ C~I~I_~ Ca~. Pa. ~roth~otary NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la feeha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma eserim sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se deflende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notiflcacion y por cualquier queja o alivio que es pedido en la petieion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA.JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 :248090_ HARRY G. BANZHOFF and : JOAN F. BANZHOFF, : Plaintiffs : : v. : NO. : TIFFANY R. STEELE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CML ACTION - LAW JURY TRIAL DEMANDED AND NOW, come the Plaintiffs, Harry G. Banzhoff and Joan F. Banzhoff, by and through their attorneys, Metre, Evans & Woodside, P.C., and file this Complaint, averring as follows: 1. Plaintiff, Harry G. Banzhoff ["Mr. BanzhofF'], is an adult individual residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff, Joan F. Banzhoff ["Mrs. Banzhoff"], is an adult individual residing at 1031 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Tiffany R. Steele, is an adult individual residing at 806 Grantham Road, Grantham, Cumberland County, Pennsylvania 17027, and with a mailing address of P.O. Box 176, Grantham, Pennsylvania 17027. 4. The accident hereinafter related took place on June 7, 1999, at the intersection of the Gettysburg Pike and W. Lisburn Road, at or about 12:30 p.m. in Upper Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Mrs. Banzhoff was driving a 1991 Oldsmobile 88 owned by Plaintiffs. 6. At the aforesaid time and place, Plaintiff Mr. Banzhoff was a passenger in the backseat of the vehicle driven by Mrs. Banzhoff. 7. At the aforesaid time and place, Defendant Steele was driving a 1994 Ford Mustang and was stopped on W. Lisburn Road, facing west at the stop sign at the intersection with the Gettysburg Pike. 8. At all times relevant hereto, Plaintiff Mrs. Banzhoff operated her vehicle on a highway exercising due and reasonable care under the circumstances. 9. At the aforesaid time and place, Plaintiff Mrs. Banzhoff lawfully drove her vehicle north on the Gettysburg Pike. 10. At the aforesaid time and place, Defendant Steele failed to yield the right-of-way to Plaintiff Mrs. Banzhoff's vehicle, which was traveling on a through highway. 11. At the aforesaid time and place, Defendant Steele negligently, carelessly, and recklessly crashed her vehicle into Plaintiff Mrs. Banzhoff's car, causing serious injury to Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff as hereinafter related. 12. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff sustained serious injuries, including: a. left shoulder injury; -2- b. left shoulder impingement syndrome; c. impingement on the left rotator cuff at the level of the acromion; d. traumatic subdeltoid bursitis of the left shoulder; e. fight knee injury; and f. left arm bruises. 13. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff has and continues to suffer from left arm and shoulder pain; difficulty sleeping due to pain; and knee pain. 14. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff was treated at the hospital, received two cortizone injections into the left shoulder, underwent physical therapy, and had an MRI arthrogram. 15. As a direct result of the aforesaid accident, Plaintiff Mr. Banzhoff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future mental anxiety; humiliation and embarrassment; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and e. Past and future medical expenses. -3- 16. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff sustained serious injuries, including: a. hematoma of the right antecubital fossa and forearm area; b. bruised knee; c. strain of the medial collateral ligament of the left knee; and d. hematoma of the chest. 17. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff has and continues to suffer from knee pain and arm pain. 18. As a direct result of the aforesaid accident, Plaintiff Mrs. Banzhoff was treated at the hospital, underwent physical therapy and had to use repeated, warm wet soaks on the hematoma. 19. As a direct result of the aforesaid accident, Plaintiff has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and future mental anxiety, humiliation and embarrassment; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and e. Past and future medical expenses. -4- Count I Harry G. Banzhoff v. Tiffany R. Steele NEGLIGENCE 20. Paragraphs 1 through 19 are incorporated herein by reference as though fully set forth. 21. The aforesaid accident was directly and proximately caused by the negligence, carelessness, and recklessness of Defendant Steele, which included the following: ao do Failing to have her motor vehicle under the proper control so as to stop said vehicle within the assured clear distance ahead; Operating her motor vehicle without due regard to the fights, safety and position of the Plaintiff; Failing to have her motor vehicle under the proper control so as to prevent the vehicle from striking Plaintiffs' motor vehicle; Failing to keep an alert and proper lookout; Failing to notice the motor vehicle of the Plaintiffs; Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; Failing to apply her vehicle's brakes in sufficient time to avoid striking Plaintiffs' vehicle; Operating her motor vehicle in disregard of the rules of the road, the ordinances of Upper Allen Township, and the laws of the Commonwealth of Pennsylvania, including but not -5- limited to the Motor Vehicle Code, 75 Pa. Con. Stat. Ann. §§3361, 3362, and 3323(a), (b); i. Driving away from a stop sign and then driving into Plaintiffs' motor vehicle; j. Failing to yield to the right of way to a motor vehicle (Plaintiffs' motor vehicle) which was on a through highway; k. Failing to be attentive to other motor vehicles on the highway; 1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff; m. Operating her vehicle at a speed that was too fast for the conditions; and n. Failing to operate her motor vehicle in a safe manner in the area of an intersection; 22. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff acted with due care and were not contributorily negligent. 23. As a direct result of the negligence, carelessness and recklessness of Defendant Steele as set forth herein, Plaintiff Mr. Banzhoff sustained injuries and damages as set forth above. WHEREFORE, Plaintiff, Harry G. Banzhoff, demands judgment in his favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest and such other and further relief as the Court deems just and appropriate. -6- Count I! $oan F. Banzhoff v. Tiffany R. Steele NEGLIGENCE 24. Paragraphs 1 through 23 are incorporated herein by reference as though fully set forth. 25. The aforesaid accident was directly and proximately caused by the negligence, carelessness, and recklessness of Defendant Steele, which included: a. Failing to have her motor vehicle under the proper control so as to stop said vehicle within the assured dear distance ahead; b. Operating her motor vehicle without due regard to the rights, safety and position of the Plaintiff; c. Failing to have her motor vehicle under the proper control so as to prevent the vehicle from striking Plaintiffs' motor vehicle; d. Failing to keep an alert and proper lookout; e. Failing to notice the motor vehicle of the Plaintiffs; f. Failing to take evasive action in order to avoid impacting with Plaintiffs' vehicle; g. Failing to apply her vehicle's brakes in sufficient time to avoid striking Plaintiffs' vehicle; h. Operating her motor vehicle in disregard of the rules of the road, the ordinances of Upper Allen Township, and the laws of the Commonwealth of Pennsylvania, including, but not limited to the Motor Vehicle Code, 75 Pa. Const. Stat. Ann. §§3731, 3361, 3362, and 3323(A), (B); i. Driving away from a stop sign and then driving into Plaintiffs' motor vehicle; j. Failing to yield the right-of-way to a motor vehicle (Plaintiffs' motor vehicle) which was on a through highway; k. Failing to be attentive to other motor vehicles on the highway; 1. Crashing into the vehicle operated by Plaintiff Mrs. Banzhoff; m. Operating her vehicle at a speed that was too fast for the conditions; and n. Failing to operate her motor vehicle in a safe manner in the area of an intersection; 26. At all times material hereto, Plaintiff Mr. Banzhoff and Plaintiff Mrs. Banzhoff acted with due care and were not contributofily negligent. 27. As a direct result of the negligence, carelessness, and recklessness of Defendant Steele as set forth herein, Plaintiff Mrs. Banzhoff sustained injuries and damages as set forth above. WHEREFORE, Plaintiff Joan F. Banzhoff demands judgement in her favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. -8- Count Harr~ G. Banzhoff v. Tiffany R. Steele LOSS OF CONSORTIUM 28. Paragraphs 1 through 27 are incorporated herein by reference as though fully set forth. 29. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Steele, Plaintiff Mrs. Banzhoff suffered severe and permanent injuries and damages as described in paragraphs 16 through 19 of this Complaint. 30. As a direct result of the aforesaid accident which caused personal injuries to Plaintiff Mrs. Banzhoff, Plaintiff Mr. Banzhoff has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of his wife, Joan F. Banzhoff. WHEREFORE, Plaintiff Harry G. Banzhoff demands judgement in his favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interests, and such other and further relief as the Court deems just and appropriate. -9- Count IV Joan F. Banzhoff v. Tiffanv R. Steele LOSS OF CONSORTIUM 31. Paragraphs 1 through 30 are incorporated herein by reference as though fully set forth. 32. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Steele, the Plaintiff Mr. Banzhoff suffered severe and permanent injuries and damages as described in paragraphs 12 through 15 of this Complaint. 33. As a direct result of the aforesaid accident which caused personal injuries to Plaintiff Mr. Banzhoff, Plaintiff Mrs. Banzhoff has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of her husband, Harry G. Banzhoff. WHEREFORE, Plaintiff Joan F. Banzhoff demands judgment in her favor and against Defendant Tiffany R. Steele in an amount in excess of $25,000.00, an amount which exceeds the monetary, jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. gl0- DATED: February 23, 2001 BY: ~rr~., ~,¥~s & WOODS~D~. C~ S~O~ Supreme C ~C~/I.D. #15907 KATHLEEN D. YANINEK, ESQUIRE Supreme Court I.D. #73445 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs VERIFICATION I, Harry G. Banzhoff, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. 1 understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Harry G! Banzhoff DATED: 2/23/01 VERIFICATION I, Joan F. Banzhoff, hereby acknowledge that I have read the foregoing document and that the facts stated therein are uae and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Jo~n F. Banzhoff ~ ~ DATED: 2 / 23 / 01 SHERIFF' S RETURN - CASE NO: 2001-01066 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT POUND BANZHOFF HARRY G ET AL VS STEELE TIFFANY R R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT STEELE TIFFANY R unable to locate Her COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being search and in his bailiwick. but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to , STEELE TIFFANY R DEFT. NO LONGER RESIDES AT ADDRESS STATED, RETURN NOT FOUND AS PER KAY TIPTON 3/22/01. Sheriff's Costs: Docketing 18 Service 6 NOT FOUND RETURN 5 Surcharge 10 39 00 82 00 00 00 82 So answe~L~: . ~3., ~ R. Thomas Kline Sheriff of Cumberland County METTE, EVANS & WOODSIDE 03/22/2001 Sworn and subscribed to before me this ~'7 ~ day of ~3 3 ~/ A.D. Protbfonotary ~ EDVCAR[D USC, HORt~P Solicitor OFFICE OFTHE SHF_RI r- · One Courthouse Square Carlisle, Pennsylvania 1701'3 F~ONNY R. AN[~ER: PI.~" ~m[sh ~is a~cnuy with ~ n~ ~ddres~, if available, for :h~ foHowin~ individua~ or v~ri~ following address bo~old~r's app[ica~on 6~i~ th~ address info~tion ~or th~s mndlv:du~ FOR POST OFFICE USE ONLY ( ) MAIL IS DELIVERJED TO ADDRESS GIVEN %~NOT IC~iOW]q AT ~D~SS O[~ ( )MOVED, LB~ NO FOKWAKD~G ,~DD~S2 () NO SUCH ~D~SS ( ) O~R (SPBCI~O: NF.W ADDRESS BOX_HOLDER'S STREET ADDPdESS Addres~ Information Request (~L=quir-~d Farm~'Q Exhibit 352.44b Stamp 11¸ HARRY G. BANZHOFF and ,lOAN F, BANZHOFF, Plaintiffs TIFFANY R. STEELE, Defendant P O. Box IN THE COURT OF COMMON PLF:~AS CUMBERL~kND COUNTY, PA NO. 01-1066 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONO'EARY: Please mark the above-captioned matter settled and discontinued. BY: A~ CRAIG . Sr ~upreme I' 3401 NortI~ ~t~ & WOODSIDE ~QUi~ rt I.D. #15907 rom Street P.O. Box S )50 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: April 11, 2001