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HomeMy WebLinkAbout04-5248 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Delinda Harper 4 Bayberry Drive Mechanicsburg, PA 17050, Plaintiff, Civil Action-Law Motor Vehicle Accident v. Robert Murdoch and Nicole Murdoch 31 Sheeley Lane Boiling Springs, PA 17007 Defendants, . No.: {J,/- S;?/ft' wJ PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Kindly issue a Writ of Summons in the above matter against Robert Murdoch and Nicole Murdoch, in an amount in excess of $50,000.00. Writ of Summons shall be issued and forwarded to ( ) Attorney ( x ) Sheriff c-0 - ~ Dated: October 20, 2004 Alan Michael Ross, Esquire 1701 Penn Street Harrisburg, PA 17102 (717) 238-6311 Supreme Court 1081301 A rrORNEY FOR PLAINTIFF '^I '0 " ~ ~ ~\ 0\. \.^ I, ,'~ (^\ ~ ~ ~ \: ~ 'G '" , ~1 ~ ~ ~ :'f>".. ~ ~, Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Delinda Harper 4 Bayberry Drive Mechanicsburg, P A 17050 Plaintiff Court of Common Pleas Vs. No. 04-5248 Civil Term In CiviIAction-Law Robert Murdoch and Nicole Murdoch 31 Sheeley Lane Boiling Springs, P A 17007 Defendant To Robert Murdoch and Nicole Murdoch You are hereby notified that Delinda Harper the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date October 20, 2004 By 4A./~A ~. ~, fJq Ti>;Puty Attorney: Name: Alan Michael Ross, Esq. Address: 1701 Penn Street l-Iarri:SOUlril ~A /7/t)~ Attorney for: Plaintiff Telephone: 717-238-6311 Supreme Court ill No. 81301 DE LINDA HARPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5248 ROBERT and NICOLE MURDOCH, Defendants CIVIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendants, Robert and Nicole Murdoch, in the above-captioned case. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 11- }1-04 BY: /" ~. OPHER M. REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3509 DELINDA HARPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5248 ROBERT and NICOLE MURDOCH, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, CHRISTOPHER M. REESER, an employee with the law firm of Marshall, Dennehey, Wamer, Coleman & Goggin, do hereby certify that on this /1 day of /lhv~mJ:yr , 2004, I served a true and correct copy of the foregoing document via U.S. first-class mail, postage pre-paid, as follows: Alan M. Ross, Esquire 1701 Penn Street Harrisburg, P A 171 02 C) ......, r_'"' L,.J ..r..:- ..,. -~~ -< '-. ~ L.l Cl -n ----\ ~.~~ ;I! -'''1"1'1 (::~,~~ : ,,) r'-~l .. -\ "T:"" ::u .< ..... ~ ... ()~ --.'""l .x:- t;J' . ' DELINDA AND JOSEPH HARPER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5248 v. ROBERT AND NICOLE MURDOCH, Defendants CML ACTION -LAW 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 plaintiffs. You may lose money or other important 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 FORm 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, mIS OFFICE MAY BE ABLE TO PROVIDE YOU WIm INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania Telephone number 717-249-3166 DELINDA AND JOSEPH HARPER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5248 v. ROBERT AND NICOLE MURDOCH, Defendants CIVIL ACTION -LAW COMPLAINT Plaintiffs, Delinda and Joseph Harper, through their attorney, Alan Michael Ross, Esquire, by way of complaint against the defendants, hereby asserts as follows: 1. The plaintiff, Delinda Harper, is a citizen of the Commonwealth of Pennsylvania, residing therein at 4 Bayberry Drive, Mechanicsburg, Pennsylvania 17050, Cumberland County. 2. The plaintiff, Joseph Harper, is a citizen of the Commonwealth of Pennsylvania, residing therein at 4 Bayberry Drive, Mechanicsburg, Pennsylvania 17050, Cumberland County. 3. The defendant, Robert Murdoch, is a citizen ofthe Commonwealth of Pennsylvania, residing therein at 31 Sheeley Lane, Boiling Springs, P A 17007, Cumberland County. 4. The defendant, Nicole Murdoch, is a citizen of the Commonwealth of Pennsylvania, residing therein at 31 Sheeley Lane, Boiling Springs, P A 17007, Cumberland County. 5. On or about November 17,2002, at approximately 4:46 p.m. the defendant, Nicole Murdoch, was the driver of a 2000 Volkswagen Beetle, registration plate no. RC303W, that was owned by the defendant, Robert Murdoch, which she was operating. 6. At the above date and time, the defendant was operating the aforesaid vehicle, traveling west on West Main Street, SR 641, in the vicinity of the intersection of South York Street, Route 114, Mechanicsburg Borough, Cumberland County, Pennsylvania. 7. On the aforesaid date and time the plaintiff, Delinda Harper, was operating a motor vehicle owned by plaintiff, Joseph Harper, which was traveling north on North York Street, in the vicinity of the intersection of West Main Street, SR 641, Mechanicsburg Borough, Cumberland County, Pennsylvania. 8. On the aforesaid date and time, the traffic light controlling the intersection of West Main Street and North York Street, Mechanicsburg Borough, Cumberland County, was green for traffic traveling on North York Street, Route 114. 9. On the aforesaid date and time, the defendant, Nicole Murdoch, improperly and unlawfully attempted to enter the intersection of North York Street and West Main Street, traveling through a red light, causing a violent collision between her motor vehicle and the motor vehicle being operated by the plaintiff, Delinda Harper. 10. The aforesaid accident resulted solely from the negligence of the defendant, Nicole Murdoch, herein, and was in no manner whatsoever due to any act, or failure to act, on the part of any of the plaintiffs. 11. As a result of the aforesaid collision, plaintiff Delinda Harper sustained serious and significant injuries and damages as are hereinafter described. 12. The negligence and carelessness ofthe defendant, Nicole Murdoch, consisted of (a) Failing to stop for traffic having the right of-way; (b) Failing to yield the right of-way; (c) Failing to stop at a red light; (d) Failing to obey traffic control devices in violation of75 Pa.C.S.A. ~ 3111(a); (e) Operating defendant's vehicle without due regard for the rights, safety and position ofthe plaintiff herein at the time and location aforesaid; (f) Failing to have said vehicle under proper control such that she could stop without striking another vehicle in the roadway ahead; (g) Operating said vehicle in disregard for the rules of the road and the motor vehicle laws of Pennsylvania; and (h) Failing to make proper observations while operating a motor vehicle. COUNT 1 PLAINTIFF DELINDA HARPER V. DEFENDANT NICOLE MURDOCH 13. Plaintiff hereby incorporates by reference paragraphs 1-12 above as if fully set forth herein. 14. The aforesaid collision was caused by the negligence and carelessness of defendant, Nicole Murdoch. 15. Solely as a result of the above mentioned collision the plaintiffDelinda Harper sustained serious and permanent injuries, including inter alia cervicalgia, cervical radiculitis, cervicothoracic myofascial pain, displaced cervical disc, cervical facet syndrome, as well as other injuries to various parts of her body including the neck, back, shoulder, body and extremities, as well as a severe shock to plaintiff's nerves and nervous system, some or all of which may be of a permanent nature, and all of which resulted in pain, suffering, anxiety and other damages to plaintiff. 16. As a further result of the above mentioned accident, plaintiff has been disabled for an extensive period of time and has suffered loss of wages and impairment of her earnings and earning capacity, which such impairment continues indefinitely and may permanently affect her future earnings and earning capacity, for which she is entitled to recover. 17. As a further result of the aforesaid, plaintiff has been and will in the future continue to be required to expend large sums of money for medical attention, hospital care, therapy and therapeutic devices in and about attempting to treat and cure the injuries sustained as a result of the negligence of the defendants. 18. As a further result of the aforesaid, plaintiff has suffered sever physical pain, mental anguish, loss of enjoyment of life, and plaintiff may continue to suffer the same for an indefinite period in the future. 19. As a result of the aforesaid, plaintiff sustained a serious injury, which resulted in a serious impairment of her bodily functions. WHEREFORE, plaintiff demands judgment from defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00). COUNT 2 PLAINTIFF JOSEPH HARPER V. DEFENDANT NICOLE MURDOCH 20. Plaintiff Joseph Harper hereby incorporates by reference paragraphs 1-19 above as if fully set forth. 21. Plaintiff Joseph Harper avers that he is, and was at all times relevant hereto, the husband of the plaintiff, Delinda Harper. 22.S01eyas a result of the aforesaid, the plaintiff Joseph Harper sustained a loss of the society, companionship and consortium of his wife, for which he is entitled to recover. WHEREFORE, plaintiff demands judgment from defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00). COUNT 3 PLAINTIFFS DELINDA HARPER AND JOSEPH HARPER V. ROBERT MURDOCH 23. Plaintiffs Delinda Harper and Joseph Harper hereby incorporates by reference paragraphs 1-22 above as iffully set forth. 24. On or about November 17, 2002, the defendant Robert Murdoch defendant entrusted his automobile to his daughter, defendant Nicole Murdoch, having known or should have known that the defendant Nicole Murdoch was an incompetent driver, and whose incompetence caused the plaintiffs injuries. 25. The defendant Robert Murdoch failed to exercise a reasonable degree of care when he negligently entrusted his automobile to his daughter, defendant Nicole Murdoch, knowing that she was an inexperienced and incompetent driver. WHEREFORE, plaintiffs demand judgment from the defendant, Robert Murdoch, in an amount in excess of Fifty Thousand Dollars ($50,000.00). ~ :--d-" BY: Alan Michael Ross, Esquire Supreme Court ID: 81301 1701 Penn Street Harrisburg, P A 17102 (717) 238-6311 Attorney for Plaintiffs -~) Dated: November 16, 2004 VERIFICATION Delinda and Joseph Harper, the plaintiffs in this action hereby verify that the facts and statements made in the foregoing document are true and correct to the best of are knowledge, information and belief. We understand that the facts and statements therein are subject to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. ~ 4904). Dated: November 16, 2004 De~ ~laintiff Dated: November 16, 2004 ,L Jh c) r--.:J C (.,'J 0 c:~) ..r- -n ~ ::;.1 C') -' " ........: rn;::J -r' ,'11 0) :'~J lj) '. ). . \) -j\.~ ; .....:' "') "~!.:t .. ". r. ) .r.:- : ,)(n :j ,,) :~> " J -.J -< DELINDA AND JOSEPH HARPER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBEltl.AND COUNTY, PENNSYLVANIA NO. 04-5;~48 v. ROBERT AND NICOLE MURDOCH, Defendants CIVIL ACTION -LAW ENTRY OF APPEARANCI~ TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Plaintiffs, Delinda and Joseph Harper, in the above-captiom~ case BY: ~?)~~ Alan Michael Ross, Esquire Supreme Court ID: 81301 1701 Penn Stre€:t Harrisburg, P A 17102 (717) 238-6311 Attorney for Plaintiffs Dated: November 16,2004 c-. I \..0 .J-:' n c- I," I ( ...... c...} r-..;) C"':;'::, <;;;,;:) ....- () -n :;;r... C,'; .....~~ 9:) , . SHERIFF'S RETURN - REGULAR "'" '''--, CASE NO: 2004-05248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER DELINDA VS MURDOCH ROBERT ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MURDOCH ROBERT the DEFENDANT , at 1750:00 HOURS, on the 13th day of December, 2004 at 31 SHEELEY LANE BOILING SPRINGS, PA 17007 by handing to ROBERT MURDOCH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 R. Thomas Kline 12/14/2004 ALAN MICHAEL ROSS Sworn and Subscribed to before IG' me this (.,-- day of ~'47 a. J'''U/ A.D '--- ,LL- . 'Yru~ ~ / Prothonotary' BY'~~J~djLl/f Dep ty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-05248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER DELINDA VS MURDOCH ROBERT ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MURDOCH NICOLE the DEFENDANT , at 1750:00 HOURS, on the 13th day of December, 2004 at 31 SHEELEY LANE BOILING SPRINGS, PA 17007 by handing to ROBERT MURDOCH, FATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline Sworn and Subscribed to before iO me this /'; '- day of (~;:~-.1 Joas' A.D. (hrothl!'ot~/b, I ~ 12/14/2004 ALAN MICHA~ ~~~;f Deputy Sher ... .... SHERIFF'S RETURN - REGULAR CASE NO: 2004-05248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER DELINDA VS MURDOCH ROBERT ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of says, the within WRIT OF SUMMONS Cumberland County, Pennsylvania, who being duly sworn according to law, MURDOCH ROBERT was served upon the DEFENDANT , at 1911:00 HOURS, on the 27th day of October , 2004 at 31 SHEELEY LANE BOILING SPRINGS, PA 17007 ROBERT MURDOCH by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.44 .00 10.00 .00 32.44 Sworn and Subscribed to before me thi s 6t:..- day of .. So Answers: ~-(Zf~/~,~"",. ,//4 :Y ~_"~Y''''''''''''>''''''';' <""" ,,-:<<,'_ '" ''^....<-<-~~~ R. Thomas Kline 10/28/2004 ALAN MICHAEL ROSS By: p~< SHERIFF'S RETURN - REGULAR .. ~ CASE NO: 2004-05248 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARPER DELINDA VS MURDOCH ROBERT ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MURDOCH NICOLE the DEFENDANT , at 1911:00 HOURS, on the 27th day of October , 2004 at 31 SHEELEY LANE BOILING SPRINGS, PA 17007 by handing to ROBERT MURDOCH, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 "":.~'~ "<,-;:';' .;-'t~R '( R. Thomas Kline 10/28/2004 ALAN MICHAEL ROSS Sworn and Subscribed to before By: P ::W?~ / Deputy S~ J,o me this 5 >./ day of -2 L-"1) is A.D.