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HomeMy WebLinkAbout14-1786 From:Freeburn & Hamilton 7176711960 03/26/2014 13:22 #000 P.002/002 Supreme Court��of}�ennsylvania CO a I't ;Of , o:m m on ;PI ea s For Prothonotart Use Onty: c A Civil Cover Sheet Docket No; CUMBERLAND COUllty ✓ The information collected on this firm is used solely_lb!• court administration purposes. This form sloes not supplement or replace the filing and service ol'pleadings or Other papers as required h)% lain or rules ofconrt. Commencement of Action: El Complaint ❑ Writ of Summons ❑ Petition S Q Transfer from Another Jurisdiction Q Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: Jean Potteiger and Jesse Potteiger Sharon Beaver Dollar Amount Requested: []within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) Qx outside arbitration limits N: Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? Yes No Name of Plaintiff /Appellant's Attorney: CHRISTINA L. BRADLEY Check here if you have no attorney (are a Self - Represented jPro Se) Litigant) Nature of :the Case Place an ` X ' to the left of the ONE case category that :most accurately describes your ': PRIMARY CASE If you are making more than one type of claim chec]. the;one that you consider most important TORT (do not include Alass Tort) CONTRACT (do not include Jwc gnrenls) CIVIL APPEALS Q Intentional Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Q Debt Collection: Credit Card Q Board of Assessment x❑ Motor Vehicle Q Debt Collection: Other Q Board of Elections (] Nuisance Dept. of Transportation Q Premises Liability Q Statutory Appeal: Other Product Liability (does not include mass tortj [3 Employment Dispute: Discrimination © Slander /Libel/ Defamation © Employment Dispute: Other Q Zoning Board C. ❑ Other: -- — ❑ Other: Other: MASS TORT -- - - -- ''" Q Asbestos Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ©Toxic Waste Q Ejectment Common Law /Statutory Arbitration `;. ❑ Other: Q Eminent Domain /Condemnation Q Declaratory Judgment 3 ❑ Ground Rent Mandamus ❑ Landlord/Tenant Dispute Q Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial ❑ Quo Wananto © Dental Q Partition ❑ Replevin © Legal Quiet Title ❑ Other: Q Medical Q Other: Q Other Professional: _ Updated 1/1/2011 _ C F 1'C E Y> q l A 2I 3 6 PM Christina L. Bradle Es �� � 1 � }ri FREEBURN & HAMILTON ID No. 89107 C.., x n Y 2040 Linglestown Road ' 11 '" �" N Y ��) COUNTY Suite 300 �'E'�`�l V�3dlf . Harrisburg PA 17110 (717) 671 -1955 Attorney for Plaintiffs christina u)pa- injurylawyer.com JEAN POTTEIGER AND IN THE COURT OF COMMON PLEAS JESSE POTTEIGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs H / n l V l L NO. (tip (� V. CIVIL ACTION - LAW SHARON BEAVER, Defendant 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. 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 S. Bedford Street Carlisle, PA 17013 (800) 990 -9.108 Dated: mGrCl� 25, 201 IJ�kU� Christina L. Bradley, Esquire Attorneys for Plaintiffs 2' v3�160 Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 Attorney for Plaintiffs christinabCpa- injuryla - ,wyer. com JEAN POTTEIGER AND IN THE COURT OF COMMON PLEAS JESSE POTTEIGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW SHARON BEAVER, Defendant NOTICE LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ua apariencia esrita o en persona o por 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 notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para. usted. LISTED DEBE LLEVAR ESTATE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990 -9108 Dated: 2013 Christina L. Bradley, E&quire Attorneys for Plaintiffs 2 Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 Attorney for Plaintiffs christina c)pa- injurylawyer.com JEAN POTTEIGER AND IN THE COURT OF COMMON PLEAS JESSE POTTEIGER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. V. CIVIL ACTION - LAW SHARON BEAVER, Defendant. COMPLAINT AND NOW come Plaintiffs, Jean Potteiger and Jesse Potteiger, by their attorneys, Freeburn & Hamilton, and file the following Complaint: 1. Plaintiff, Jean Potteiger, and her husband, Jesse Potteiger, are adult individuals who reside at 5620 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Sharon Beaver, is an adult individual who resides at 4 Virginia Road, Painted Post, New York. 3. The facts and occurrences hereinafter related took place on or about May 20, 2012 at approximately 12:26 p.m. on SR 114, near the intersection with Rife Drive in Silver Spring Township, Cumberland County, Pennsylvania. 4. At or about that time and place, Plaintiff, Jean Potteiger, was a front seat passenger in a vehicle being driven by her husband, Plaintiff, Jesse Potteiger, which was travelling northbound on State Route 114. 5. At or about that time and place, Defendant, Sharon Beaver, was operating a motor vehicle southbound on State Route 114. 6. At or about that time and place, Defendant, Sharon Beaver, attempted to make a left turn from State Route 114 on Rife Drive, at which time she turned directly into the path of the vehicle operated by Plaintiff, Jesse Potteiger, causing the vehicles to collide head -on in the northbound lane of State Route 114. 7. The foregoing accident and all of the injuries and damages set forth hereinafter suffered by Plaintiffs, Jean Potteiger and Jesse Potteiger, are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant, Sharon Beaver, operated her motor vehicle as set forth above and as follows: a. In operating her vehicle at an excessive rate of speed under the circumstances; b. In failing to have her vehicle under proper and adequate control; C. In failing to apply her brakes in time to avoid the collision; d. In negligently applying her brakes; e. In failing to observe Plaintiffs' vehicle on the highway; L In failing to operate her vehicle in accordance with existing traffic conditions and traffic controls; g. In failing to drive at a speed and in the manner that would allow Defendant to stop within the assured clear distance ahead; h. In failing to keep a reasonable look -out for other vehicles lawfully on the road; i. In failing to yield the right -of -way to traffic already upon the highway; j. In operating the vehicle in a manner not consistent with the road and weather conditions prevailing at the time; k In turning in such a manner not consistent with the road and weather conditions prevailing at the time; 1 In turning in such a manner as to endanger other vehicles on the 2 highway; m. In failing to prudently proceed through the intersection so as to avoid creating a dangerous situation for other vehicles on the highway; n. In failing to observe oncoming traffic; o. In proceeding through an intersection when such movement could not be made in safety; P. In failing to keep a proper lookout for approaching vehicles; q. In failing to yield the right -of -way to oncoming traffic; and r. In operating the vehicle so as to create a dangerous situation for other vehicles on the roadway. 8. Defendant's conduct, as set forth above, was in violation of the Pennsylvania Motor Vehicle Code, which is intended to protect persons lawfully on the highway such as Plaintiffs, Jean Potteiger and Jesse Potteiger, from personal injury, and thus constitutes negligence per se. 9. Plaintiffs are entitled to recover non - economic damages because at the time of this accident, they were insureds under an automobile insurance policy that provided the full tort option and because defendant was operating a motor vehicle registered in another state. 3 COUNT I Jean Pottei -ger, Plaintiff v. Sharon Beaver, Defendant 10. Paragraphs 1 -9 are incorporated herein by reference thereto. 11. By reason of the aforesaid collision, Plaintiff, Jean Potteiger suffered painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, left shoulder, low back, pelvis and bilateral knee injuries. 12. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 13. The aforesaid collision and injuries suffered by Plaintiff, Jean Potteiger, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 14. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger has been forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. 15. Plaintiff, Jean Potteiger, has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 16. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings and employment benefits she has lost and which she might 4 reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 17. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has suffered a loss or impairment of future earning capacity, and claim is made therefore. 18. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time, and claim is made therefore. 19. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 20. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has been subjected to severe humiliation, embarrassment, shame, worry and anger. 21. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 22. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 23. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has been deprived her enjoyment of the pleasures of life. 24. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, continues to be plagued by persistent pain and limitation and, therefore, avers that 5 her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 25. By reason of the aforesaid collision and injuries, Plaintiff, Jean Potteiger, has suffered a disfigurement, and claim is made therefore. WHEREFORE, Plaintiff, Jean Potteiger, demands judgment in her favor and against Defendant, Sharon Beaver, in an amount in excess of FIFTY THOUSAND 8v 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - LOSS OF CONSORTIUM Jesse Potteiger, Plaintiff v. Sharon Beaver, Defendant 26. Paragraphs 1 -25 are incorporated herein by reference thereto. 27. As a result of the aforementioned injuries suffered by his wife, Jean Potteiger, Plaintiff, Jesse Potteiger, has been and may in the future be deprived of the aid, assistance, comfort, care, companionship, society and consortium of his wife, all of which will be of great detriment, and claim is made therefore. 28. As a result of the aforementioned injuries suffered by his wife, Jean Potteiger, Plaintiff, Jesse Potteiger, has incurred expenses and /or liability for the reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore her to health, and claim is made therefore. WHEREFORE, Plaintiff, Jesse Potteiger, demands judgment in his favor and against Defendant, Sharon Beaver, in an amount in excess of FIFTY THOUSAND & 6 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully Submitted, FREEBURN & HAMILTON, PC By: Christina L. Bradley, Es ire I.D. No. 89107 2040 Linglestown Road Suite 300 Harrisburg, PA 17110 (717) 671 -1955 Date: rnA.rc `- 25 Za Counsel for Plaintiffs 7 VERIFICATION I, Jesse . Potteiger, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 7_ I T sse Potteiger VERIFICATION I, Jean Potteiger, hereby verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3 — i 7, 11 Jeav Potteiger Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road Suite 300 Harrisburg PA 17110 (717) 671 -1955 christinab@pa-injurylawyer.com 72/ PEtdj‘rS y , lL �T yA Attorney for Plaintiffs JEAN POTTEIGER AND JESSE POTTEIGER, Plaintiffs v. SHARON BEAVER, Defendant TO: Prothonotary : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14 -1786 Civil : CIVIL ACTION - LAW PRAECIPE TO REINSTATE Kindly reinstate the Complaint in this matter. By: Respectfully submitted, FREEBURN & HAMILTON Christina L. Bradley, Esquire I.D. No. 89107 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671 -1955 Date: 171! i ' (i/ Attorney for Plaintiffs