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Home My WebLink About01-1485HELEN ARNOLD, Plaintiff V. : : CHRISTOPHER SUTTON, : Defendant : : IN THECOURTOFCOMMON PLEAS OFCUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION - LAW .o. - JURYTRIALDEMANDED PRAECIPE FOR WRIT OF SUMMONS DATED: TO THE PROTHONOTARY OF CUMBERLAND COUNTY:: Please issue a Writ of Summons against the Defendant, Christopher Sutton, who resides at the following address: Christopher Sutton 712 Wertzville Road Enola, PA 17025 and have the Sheriff of Cumberland County serve the same. Respectfully submitted, HANDLER, HENNING & ROSENBERG David __.~..osen, berg, Esquire Supr/eh~e Court i.D. # 20569 13/1~ Linglestown Road P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff Commonwealth of Pennsylvania County of Cumberland CHRISTOPHI~R SUTTON 7]_2 Wt~RTZVIT.I.F, ROAD ENOLA, PA 17025 Court of Conunon Pleas No ............ P_l_~ _iYJA _ -T_e_ _m_ .......... ~9 .... I , , ........ _C_i_v_ i~ _~_ _A_ c_ t_ '_z p_n_ _ _-_ _~_ _w_ ............... To _ _ Chris grapher_ ~ut_tau ..................... You are hereby notified that Helen Arnold the Plaintiff haS commenced an action in .... _Ckv_i,'..i___A~_t_i_o_D_.T__L~__W ............................... against you which you are required to defend or a default judgment may be entered against you, (SEAL) Curtis R. Long Prothonotary Deputy ( HELEN ARNOLD, CHRISTOPHER SUTTON, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED. PRAECIPE FOR ENTRY OF APPEARANCE TO: Prothonotary Please enter the appearance of Edward E. Knauss, IV, Esquire, on behalf of Defendam Christopher Sutton. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:~~~~ Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: April 5, 2001 Document #: 202429 l CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Dated: April 5, 2001 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV, Esquire Document #: 202429. I HELEN ARNOLD, CHRISTOPHER SUTTON, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule on Plaintiff, Helen Arnold, to file a Complaint within twenty (20) days of service or suffer judgment of non pros. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: "Edward E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: April 5, 2001 Document #: 201556.1 HELEN ARNOLD, CHRISTOPHER SUTTON, Plaimiff, Defendam. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED. RULE TO FILE COMPLAINT TO: Helen Arnold, Plaintiff c/o David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days of service or judgment non pros will be entered against you. Prothonotary Date: Document #: 201556.1 CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, do hereby certify that on the date set forth below, I did serve a tree and correct copy of the foregoing documents upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Dated: April 5, 2001 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knau~s, IV, Esquire Document #: 201556 1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01485 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARNOLD HELEN VS SUTTON CHRISTOPHER DAWN KELL , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon SUTTON CHRISTOPHER DEFENDANT at 0014:55 HOURS, at 712 WERTZVILLE ROAD ENOLA, PA 17025 CHRISTOPHER SUTTON a Sheriff or Deputy Sheriff of who being duly sworn according to law, the on the 29th day of March , 2001 true and attested copy of WRIT OF SUMMONS together with by handing to and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this // ~ day of O~J{ J~o[ A.D. ~ho~ot~ry So Answers: R. Thomas Kline 03/30/2001 HANDLER, HENNING & ROSENBERG Deputy Sheriff HELEN ARNOLD, : : Plaintiff : . V, .' . CHRISTOPHER SUTTON, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1485 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 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. NOTIClA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFIClENTE DE PAGAR TAL SERVIClO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASlSTENClA LEGAL. Cumberland County Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, PA 17013 Telephone (717) 240-6200 DATED: HANDLER, HENNING & ROSENBERG David H Ro~nberg, Esquire Supreme/Court I J3. # 20569 1300 I:)riglestown Road P.O,,B'ox 1177 Har~fsburg, PA 17108-1177 (717) 238-8000 Attorneys for Plaintiff j ci\complaints\amold.wpd HELEN ARNOLD, Plaintiff CHRISTOPHER SUTTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Helen Arnold, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by David H Rosenberg, Esquire, and makes the within Complaint against the Defendant, Christopher Sutton, as follows: I. Plaintiff, Helen Arnold, is an adult individual currently residing at 30 Richwine Road, Box 429, Shermans Dale, Perry County, Pennsylvania, 17090. 2. Defendant, Christopher Sutton, is an adult individual currently residing at 712 Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025. 3. At all times material hereto, Plaintiff, Helen Arnold, was the owner and operator of a 1987 Ford Escort, bearing Pennsylvania Registration Plate Number RKR-606 (hereinafter "Plaintiff's vehicle"). 4. At all times material hereto, Defendant, Christopher Sutton, was the operator of a 1985 Ford LTD Country Squire, bearing the Pennsylvania Registration Plate Number HMT-837 (hereinafter "Defendant' s vehicle"). 5. On or about March 22, 1999, at approximately 3:10 p.m., ?laintiff's vehicle was 1 lawfully proceeding in the eastbound lane of Market Street in Camp Hill, Cumberland County and was approaching the intersection with 34th Street. 6. On or about March 22, 1999, at approximately 3:10 p.m., Defendant, Christopher Sutton, was in the southbound lane of 34th Street in Camp Hill, Cumberland County approaching the intersection with Market Street. 7. On or about March 22, 1999, at approximately 3:10 p.m., the traffic control signal light was green for Plaintiff and those others traveling east and west on Market Street. The same traffic control signal light was red for Defendant and those traveling north and south on 34th Street. 8. At approximately that same time and place, Defendant's vehicle disregarded a redq light and entered Market Street from North 34th Street. Suddenly and without warning, Defendant's vehicle slammed into the side of Plaintiff's vehicle causing it to flip onto its roof. 9. Prior to the collision, Plaintiff, Helen Arnold, purchased a policy of motor vehicle insurance with State Farm Mutual Automobile Insurance Company m~d selected the full tort option. Said policy was in effect on March 22, 1999, the date of the collision. 10. As a direct and proximate result of the negligence of Defendant, Christopher Sutton, Plaintiff, Helen Arnold, sustained serious and permanent personal injuries that have required continuing medical treatment. 11. The occurrence of the aforementioned collision and all the resultant injuries to Plaintiff, Helen Arnold, are the direct and proximate result of negligence, carelessness, and/or recklessness of the Defendant, Christopher Sutton, generally and more specifically as set forth below: (a) (c) (d) (e) (g) (h) (i) (J) In failing to be reasonably vigilant to observe the position of Plaintiff's vehicle on the roadway; In failing to observe the steady red indication of a traffic control device at an intersection, in violation of 75 Pa.C.S.A. §3112(A)(3)(i); In disregarding the steady red indication ora traffic control device at an intersection, in violation of 75 Pa.C.S.A. §3112(A)(3)(i); In failing to exercise the high degree of care required of an operator of a motor vehicle when approaching an intersection, in violation of 75 Pa.C.S.A. § 3361; In failing to operate his vehicle under proper and adequate control so that he could have avoided striking Plaintiff's vehicle; In failing to operate his vehicle at a speed and under such control so as to be able to stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. § 3361; In failing to operate a motor vehicle at a speed that was safe for road conditions, in violation of 75 Pa.C.S.A. §3361; In failing to maintain proper and adequate observation of the existing traffic conditions; In failing to keep a proper lookout for vehicles lawfully proceeding on Market Street; and In failing to exercise reasonable care in the operation and control of his vehicle, in violation of 75 Pa.C.S.A. § 3714. 3 12. As a direct and proximate result of the negligence of the Defendant, Plaintiff, Helen Arnold, has suffered extensive and serious personal injuries, including, but not limited to, a neck sprain, low back pain, a laceration on her left fifth finger, decreased range of motion, muscle spasms throughout the cervical and lumbar regions, headaches, loss of memory, nausea, slurred speech, disorientation, and dizziness. 13. As a direct and proximate result of the Defendant's negligence, Plaintiff, Helen Arnold, has suffered great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical and emotional detriment and loss. 14. As a direct and proximate result of the Defendant's negligence, Plaintiff, Helen Arnold, has been compelled, in order to effect a cure for aforesaid injuries, to expend large sums of money for medicine and/or medical attention, and will be required to expend money for the same purposes in the future, to her great detriment and loss. 15. As a direct and proximate result of the Defendant's negligence, Plaintiff, Helen Arnold, has suffered a loss of life's pleasures, and she will continue to suffer the same in the future, to her great detriment and loss. 16. As a direct and proximate result of Defendant's negligence, Plaintiff, Helen Arnold, has been, and probably will in the future be, hindered from attending to her daily duties, to her great detriment, loss, humiliation, and embarrassment. 17. Plaintiff, Helen Arnold, believes and, therefore, avers that her injuries are permanent 4 in nature. WHEREFORE, Plaintiff, Helen Arnold, seeks damages from the Defendant, Christopher Sutton, in an amount in excess of twenty-five thousand dollars ($25,000.00). Respectfully submitted, Date: HANDLER, H~NING & ROSENBERG By: David H Ros~oerg, Esq. I.D. # 205.~ 1300 L)gglestown Road P.O.~ox 1177 Harrisburg, PA 17110-1177 (717) 238-2000 Attorneys for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date. ~L-~ ~ -'o~ By: '~ ;~. Helen Arnold HELEN ARNOLD, Plaintiff V. CHRISTOPHER SUTTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nancy L. Bistline, an employee of the law firm of HANDLER, HENNING & ROSENBERG, hereby certify that on this day I am serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICHERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-030 (Counsel for the Defendant, Christopher Sutton) HANDLER, HENNING & ROSENBERG Dated: 4/30/01 Nanc'yL. Bistl~ne HELEN ARNOLD, CHRISTOPHER SUTTON, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED. 2. 3. 4. 5. ANSWER OF DEFENDANT TO COMPLAINT Admitted. Admitted. Admitted. Admitted. Denied, since after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the avermems, and proof is demanded at trial. 6. 7. 8. 9. Admitted. Denied. Denied. Denied, since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. 10. Denied. Document #: 2050481 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied, since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded at trial. WHEREFORE, Defendant demands that the Complaim be dismissed, and judgmem be entered in his favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 'Edward~ E. Knauss, IV, Esquire Attorney I.D. No. 19199 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: May 22, 2001 Document #: 20504&1 VERIFICATION I, Christopher Sutton, do hereby verify that the facts set forth in the foregoing are tree and correct to the best of my person~al knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Document ii: 205048. ] CERTIFICATE OF SERVICE I, Edward E. Knauss, IV, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States Mail, first-class, postage prepaid: David H, Rosenberg, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Dated: May 22, 2001 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:~~ Document #: 202429. I HELEN ARNOLD, Plaintiff v. CHRISTOPHER SUTTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1485 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action, settled, discontinued and satisfied. Respectfully submitted, HANDLER, HENNING & ROSENBERG o. 20569 Harrisburg, PA 17108-1177 (717) 238-2000 Attorney for the Plaintiff HELEN ARNOLD, Plaintiff V. CHRISTOPHER SUTTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0t-1485 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Nancy L. Bistline, an employee of the law firm of HANDLER, HENNING & ROSENBERG, hereby certify that on this day I am serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICHERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-030 (Counsel for the Defendant, Christopher Sutton) HANDLER, HENNING & ROSENBERG Dated: _~//~ /