Loading...
HomeMy WebLinkAbout05-4216GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney I.D. 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 RUTHSCHLUSSER 1353 Centerville Road Newville, PA 17241 Plaintiffs vs. JOYCE LAU VEit 8777 Molly Pitcher Highway Shippensburg, PA 17257 and NEVIN WEAVER 1450 Creek Road Carlisle, PA 17013 Defendants NOTCCE TO DEFEND Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - ~~t~ ~rvt (,~~~ CIVIL MATTER You have bem sued in Court. If you wish to defend agaias[ the claims se[ forth in the fis0owmg pages, You must take action witlrin silly (60) days after this Complaint sad notice ate waved, by entering a written appemance petaona0y or by attorney end filing in writing with the murt yoga defee~s or objections W the claims set forth against you. You ere wamad that if you fail to do so the case may procaW without you and a judgment mny be entered against you by the smut without 6udter notice for any uxaxy claimed in the canplaio[ or for any other claim a relief requeslcd try [he plaintiff. You may lose rtmcy or property or otlrx rights imp~atml M you. YOU SHOULD TAKE 37IIS PAPER TO YOUR LAWYER AT ONCE. ff YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TOOK TELEPHONE THE OFFICE SET FORTH BELOW TO FAID OUT WHERE YOU CAN GET LEGAL HELP. TEAS OFFICE CAN PROVIDE YOU WffH THE INFORMATION ABOUT HQiING A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU Wfl'EE 7NFORMATTON ABtRJT AGENCIES THAT MAY OFFER LEGAL SERVICES 7Yl ELIGIBLE PERSONS AT A REDUCED FEE OR NO PEE. ADVISO Le hen demenado a ualed ea la oorie. Si usted quiet defenderse da esGS demandas eapuesda en les pagi~s ®guientes, usted liana (GO) dies de plezo al partir de la fecAa de le demetda y!e noti6cacion. Hate fella aserttar um tom parertcia eacaita o en perms o txw ~m abogedo y entregar a la come en forma escrita sus defenses o sus abjecfiones a las danaodas en cmda de su persona Sea evisado qua si ustad no se de6ettde, L torte Comma medidas Y Pie continuer la demands mt conha soya sin previo aviso o noti6vacioa Ademes, la torte puede decidir a favor del demendante y requiere qua usssd cumpla con lodes ]as ptnvisiones de ~m demands. Usted puede perder dinero o sus propiededes u Mros derurchos importentes pare usted. USTED DEBE LLE VAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO T1ENE ABOGADO (O NO TIF,NE DINERO SUFICIENTE PARR PAGAR A UN ABOGADO), MAYA HN PERSONA O LLAME POR TELEFONO LA OFICIIJA NOMBRADA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCEA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACKNJ SOBRE CONTRATAR A UN ABOGADO.. SI USTED NO T~I~ DINERO SUFICIENTE PARR PAGAR A UN ABIX:ADO, ESTA OFICINA PUEDE PROPORCIONARLE INFORMACION SOIdRE AGENCIAS QUE OFRECEN SERVICK)S LEGALES A PERSONAS QUE CUMPLEN LOS REQUISI'1'O.S PARR UN HONORARIO REDUCIDO O NAIGUN HONORARIO. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 GRAHAM & MAUER, P.C. By: Lisa 3. Mauer, Esquire Attorney I.D. 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 RUTH SCHLUSSER 1353 Centerville Road Newville, PA 17241 Plaintiffs vs. 30YCE LAUVER 8777 Molly Pitcher Highway Shippensburg,PA 17257 and KEVIN WEAVER 1450 Creek Road Carlisle, PA 17013 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBF,RLAND COUNTY, PENNSYLVANIA ~_ No. os - jai 6 C~ ~~ ~. 1 ~n~-l CIVIL MATTER Defendants COMPLAINT 1. Plaintiff Ruth Schlosser is an adult individual residing at 1353 Centerville Road, Newville, Cumberland Gounty, Pennsylvania 17241. 2. On information and belief, Defendant Joyce Lauver is an adult individual residing at 8777 Molly Pitcher Highway, Shippensburg, Cumberland County, Pennsylvania. 3. On information and belief, Defendant Nevin Weaver is an adult individual residing at 1450 Creek Road, Carlisle, Cumberland County, Pennsylvania. 4. On or about November 12, 2003, Plaintiff Ruth Schlosser, hereinafter "Plaintiff Schlosser" was driving a 1997 Pontiac Sunfire southbound on Walnut Bottom Road in Cumberland County, Pennsylvania. 5. At said time and place, Defendant Joyce Lauver, operator of a 1993 Plymouth Voyager owned by Nevin Weaver, was traveling west on Burnt House Road in Cumberland County, Pennsylvania. 6. At all times pertinent hereto, Defendant Boyce Lauver was operating said motor vehicle at said time and place within the scope and consent of Nevin Weaver. Suddenly and without warning, Defendant Joyce Lauver's vehicle failed to stop at a stop sign causing a collision with Plaintiff Schiusser's vehicle. 8. Said collision resulted in injuries and damages to Plaintiff Schlosser. COUNT I -NEGLIGENCE PLAINTIFF RUTH SCHLUSSER vs DEFENDANT JOYCE LA TVFR 9 Paragraphs I through 8 are incorporated herein as if set forth at length herein. 10. Defendant Joyce Lauver was negligent and careless in the operation of said motor vehicle for the following reasons, which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregarding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Schlosser; c. Failure to keep a proper look out; d. Failure to remain a safe and clear distance away from Plaintiff s vehicle; e. Failure to abide by the applicable statutes, :rules and regulations of the road; f. Failure to stop in time to avoid a collision with Plaintiff s vehicle; g. Failure to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; i. Operating, steering and controlling said motor vehicle in a careless and negligent manner; j. Failure to avoid the occurrence complained of; k. Failure to observe the roadway andlor the vehicles thereon including the vehicle of Plaintiff Schlosser; 1. Failure to remain alert at the wheel; m. Operating said vehicle at an inappropriate and/or excessive rate of speed under the circumstances then prevailing; n. Failure to alter her course to avoid a collision with the vehicle operated by Plaintiff Schlosser; o. Negligence per se; and p. Violation of 75 Pa. §3323. 11. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver and not due to any act or failure to act on the part of Plaintiff Schlosser, said Plaintiff suffered great pain, injuries to her left shoulder, left upper extremity, cervical, thoracic and lumber spine, traumatic anxiety, headaches, loss of life's pleasures, emotional distress, and injuries to her muscles, nerves and nervous system, some of all of which are or may be permanent m nature. 12. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Flaintiff Schlosser has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and/or enjoyment of life. 13. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings andlor earning capacity 14. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff Schlosser has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 15. As a direct and proximate result of the negligence and carelessness of Defendant 3oyce Lauver, Plaintiff Schlusser has been in the past andlor may be in the future required to spend great sums of money for medical and medically related treatment and procedures as a result of her injuries. 16. Plaintiff Schlusser is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law, 75 Pa. C.S.A. §1701 et seq. WHEREFORE, Plaintiff Ruth Schlusser hereby demands judgment in her favor and against Defendant Joyce Lauver in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. CQUNT II -NEGLIGENT ENTRUSTMENT PLAINTIFF RUTH SCHLUSSER v DEFENDANT NEVIN WEAVER 17. Paragraphs 1 through 16 are incorporated herein as if set forth at length herein. 18. Defendarn Nevin Weavet negligently and carelessly entrusted his vehicle to Defendant Joyce Lauver when he knew or should have known that Defendant Joyce Lauver was a careless, negligent, and inexperienced motor vehicle operator who was unfamiliar with the intended route of travel so as to present an unreasonable risk of harm to others upon the highway, including Plaintiff Ruth Schlusser. 19. Defendant Nevin Weaver was negligent and careless in permitting Defendant Joyce Lauver to operate said vehicle without placing limitations on its use, including obeying traffic control devices. 20. Defendant Nevin Weaver was negligently and caretessly indifferent to the rights and safety of others, including Plaintiff Ruth Schlosser, in failing to train and instruct Defendant Joyce Lauver in the safe operation of said vehicle. 21. As a direct and proximate result of the negligence and carelessness of Defendant Weaver, Plaintiff Ruth Schlosser suffered severe personal injuries and other damages as set forth herein. WHEREFORE, Plaintiff Ruth Schlosser hereby demands judgment in her favor and against Defendant Nevin Weaver in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable, GRAHAM & MAL?ER, P.C. _ n By: . v_ ~ '' w ~. ' a .Moue ,! sgwr Attorney for ~iaintiffs Date: ~,_i`~-~~i VERIFICATION I, Ruth Schlosser, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Ruth Schlosser ~ °69. ~ ~~ -~ti ~/ ~_ `1~+ ....~ V Y-p' .Y ~"`L ~ ~ r1 (a ~ t f~7 ~J ~ ~ ~~~~ ~ r~ '~ >~/ t ? ;,' ~! l ,-C.. BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney I.D. #19524 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RUTHSCHLUSSER Plaintiff v. CI-OS-4216 JOYCE LAUVER AND NEVIN WEAVER Defendants PRAECIPE ENTRY OFAPPEARANCE Please enter the appearance of Blakinger, Byler & Thomas, P.C. and James H. Thomas, Esquire, on behalf of Joyce Lauver and Nevin Weaver, the Defendants in the above matter. BLAKINGER, BYLER & THOMAS, P.C. By: ~ ~ .NJO~-'/dr / J ies H. Thomas, Esquire ttomeys for Defendants Dated: !~_ l~-OS CI-OS-4216 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Entry of Appearance upon the person and in the manner indicated below. Service by First-Class Mail as follows: Lisa J. Mauer, Esquire (610) 933-3333 Graham & Mauer, P.C. The Commons at Valley Forge, Suite 22 P. O. Box 987 Valley Forge, PA 19482 Attorneys for Plaintiffs BLAKINGER, BYLER & THOMAS, P. C. H. Thomas, Esquire orneys for Defendants Dated: q.Z2.OS 7HT:ml N384256.1 (09171.013) 9/22/05 2 T1 (~ (j 'Ti !` .J' ~ 1'~{~ f ^"~} ~ n ; ~ . ~~ `_ctC~ ^T7 "i. ^i l _) tl (S1 Y : . ~ fi_R t _-. ;::{ Q . ., 47 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHULSSER RUTH VS LAUVER JOYCE ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LAUVER JOYCE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 13th 2005 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 31.10 Postage .37 68.47 09/13/2005 GRAHAM & MAUER So answer , ~ ~~,; -" ~~~ _~--~- .. ~~~. R: Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~ ~ day of ,~ !" ~~S A~D. Pr to In The Court of Common Pleas of Cumberland County, Pennsylvania Ruth Schlusser VS. Joyce Lauver et al SERVE: Joyce Lauver I, SHERIFF OF CUMBERLAND COUNTY, PA, do Now, August 22, zoos hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,AuGC/ST .3 ~ , 20oS, at9,:~2, o'clock /9 M. served the f3PR~'~~ c~txivey c~~..P~ ,,vrr.~3~' within ~T/Ca ~qy7 ~~~~~ ~ c7o,$' - ~ 007 T F~/T/y -r. L1hL/vF~(~UTiyc~l~ Cam' Toyc~" Lpc~i,~~~e upon at ~77% /t/o/1 y~ T~~~ ,,~//G,6lli~Y S;G~/~Xd~`~/~. /~Z ~~~s 7 by handing to ~O/%G/ ~ G~~/!/~ a 7lc7llE' copy of the original /jiyj~rcE/,~i2' f~iil'O~/,riT and made known to ~p/T~ ~ uvF2 So answers, ~~;~~. c~ ~- - ~1 lA.w~ ~ ~ ~ hk~.~,., Sworn and subsc~ me this ~ day .~ No. OS-4216 civil the contents thereof. fJF74lTy Sheriff of ~7¢9$tiy4~Lw Lcv ~ 7~ ~vdf /~L ~'~Cl o ~/ COSTS 20O.S~ SERVICE $ MILEAGE AFFIDAVIT '~' I Richard D. McC+~n.Nman Public Chamhafbarg Bo pFrank^~n 'oun'~, My Comvtiarem E~ irc' County, PA /~02/% T IC SHERIFF'S RETURN - REGULAR CASE NO: 2005-04216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHULSSER RUTH VS LAUVER JOYCE ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE VER NEVIN was served upon the DEFENDANT at 1842:00 HOURS, on the 7th day of September, 2005 at 1450 CREEK ROAD CARLISLE, PA 17013 by handing to NEVIN WEAVER 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: So Answers: Docketing 6.00 Service 8.80 ,s=`''~ ~~r%`.`" A f f i day i t . 0 0 ~~`~'~'~"~"~ ~"~--c'"e^"=F' Surcharge 10.00 R. Thomas Kline .00 24.80 09/13/2005 GRAHAM & MAUER Sworn and Subscribed to before By: me this ~i ~ day of % eputy Sheriff ~ ', A.D. Prot ary GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney I.D. 65426 Suite 22, P.O. Box 987 Attorney for Plaintiffs Valley Forge, PA 19482 (610)933-3333 RUTH SCHLUSSER 1353 Centerville Road Newville, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiffs vs. JOYCE LAUVER 8777 Molly Pitcher Highway Shippensburg, PA 17257 and NEVIN WEAVER S 450 Creek Road Carlisle, PA 17013 and MOUNTAIN VIEW SCHOOL 720 Bumt House Road Carlisle, PA 17013 Defendants NOTICE TO DEFEND NO.OS-4216 CIVIL MATTER Ynu have peen sued in Court. if you wish to defend against the claims set Forth in the following pages, you must take action witltin si#y (b0) days aRer this Complaint acrd notice ere sewed, by enterirg a written appearance personally or by attorney and filing m writing witlr the anrrt your defenses or objections W the claims set froth agates[ you. You are warned that if you fail m do so the caax may gncaxl witlrou[ you and a judgment maybe entered against you by the aiurt without further notice for any mcmey claimed in the cmnplaint or for any other claim or relief reyuested by the plaintiff. You may lose money or property or other rights impormn[ m you. YOU SHOl11,D TAKE THL4 PAPER TO YOUR LAWYER AT ONCE. ~YOl1 DO NOT HAVE ALAWYER OR CANNOT AFFORD ONE, GO TOOR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH T'liE INFORMATION ABO[1C IIIRING A LAWYER TIR3 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION AI~UT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FFE OR NO FEE. ADVL40 I.e hen daaaoado a ustad ar la torte. Si listed yuiere defendetae de estas demandas ezpresms en las pegirres siguimtes, listed time (6(l) dies de plazo al pertir de lu Fecha de la dem®da y ]a notifirxim. flece faits asentar um amr parentis escrita o ~ persona o con un abogado y entregar a k9 torte en forme escrita sus Aefimses o sus objectiones a las demandas en contra de su persara. Sea avisado yrre si listed nose defiende, Is roue tmrrma medidas q puede continuer la demands en contra soya sin previo aviso o m><ificeciaat. Aderrras, la torte puede decidir a fawr Ael dertrmrdarde y mquiae qua listed crmrpla con Codas las pnrvisiones de eats demands Usted puede perder dirxao o sus prapiedsies a otna dererrrdxa imporran[es pare rated. USTED DEBE LLEVAR ESTE DOCUMENTO A 311 A130GAD0 iNIv1EDIATAMENTE. SI USTED NO TINE AHOGADO (ONO 'nENE DINERO SUFIC~NTE PARA PAGAR AUN ABOGADO), VAYA EN PERSONA O LLAME POR TELEFONO IA OFICRdA NOMBRADA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGU[R ASSISTENCIA LEGAL. ESTA OFICINA PUEDE PROPORCIONARLE LA INFORMACION SOBRE CONTRATAR A UN ABOGADO.. 31 U3TED NO TINE DINERO SUFICIENIE PARA PAGAR A I1N ABOGADO, ESTA OFICINA PUEDE PROPORCIONARLE INPt")RMACION SOBRE AGENCIAS QUE OFRECEN SERVICIOS LEGALE3 A PER30NAS QUE CUMPLEN 1.,03 REQULSn03 PARA UN HONORARIO REDUCIDO O NINGUN HONClRAR10. CiJMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attorney LD. 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 RUTH SCHLUSSER 1353 Centerville Road Newville, PA 17241 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO.OS-4216 vs. JOYCE LAUVER 8777 Molly Pitcher Highway Shippensburg, PA 17257 and NEVfN WEAVER 1450 Creek Road Cazlisle, PA 17013 CIVIL MATTER and MOUNTAIN VIEW SCHOOL 720 Burnt House Road Cazlisle, PA 17013 Defendants PLAINTIFF'S FIRST AMENDED COMPLAINT Plaintiff Ruth Schlosser is an adult individual residing at 1353 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 2. On information and belief, Defendant Joyce Lauver is an adult individual residing at 8777 Molly Pitcher Highway, Shippensburg, Cumberland County, Pennsylvania. On information and belief, Defendant Nevin Weaver is an adult individual residing at 1450 Creek Road, Carlisle, Cumberland County, Pennsylvania. 4. On information and belief, Mountain View School is an unincorporated association formed for the purpose of and, in fact, operating a private independent school. 5. On or about November 12, 2003, Plaintiff Ruth Schlosser, hereinafter "Plaintiff Schlosser" was driving a 1997 Pontiac Sunfire southbound on Walnut Bottom Road in Cumberland County, Pennsylvania. 6. At said time and place, Defendant Joyce Lauver, operator of a 1993 Plymouth Voyager owned by Nevin Weaver, was traveling west on Bumt House Road in Cumberland County, Pennsylvania. At all times pertinent hereto, Defendant Joyce Lauver was operating said motor vehicle at said time and place within the scope and consent of Nevin Weaver. 8. On information and belief at all times pertinent hereto, Defendant Joyce Lauver was an agent, servant, or employee, or, in the alternative, was an apparent agent, apparent servant or apparent employee of Defendant Mountain View School. 9. On information and belief at all times pertinent hereto, Defendant Joyce Lauver was an agent, servant, or employee, or, in the alternative, was an apparent agent, apparent servant or apparent employee of Defendant Nevin Weaver. ]0. Suddenly and without warning, Defendant Joyce Lauver's vehicle failed to stop at a stop sign causing a collision. with Plaintiff Schlusser's vehicle. 11. Said collision resulted in injuries and damages to Plaintiff Schlosser. 12. Plaintiff Schlosser is entitled to recover damages under the full tort option provided by the motor vehicle financial responsibility law, 75 Pa. C.S.A. §1701 et seq. COUNT I -NEGLIGENCE PLAINTIFF RUTH SCHLUSSER vs DEFENDANT JOYCE LAUVER 13. Paragraphs 1 through 12 are incorporated herein as if set forth at length herein. 14. Defendant Joyce Lauver was negligent and careless in the operation of said motor vehicle for the following reasons, which include: a. Failure to properly operate, manage and control said motor vehicle; b. Disregazding the rights, safety and position of other vehicles on the road including the vehicle driven by Plaintiff Schlosser; c. Failure to keep a proper look out; d. Failure to remain a safe and clear distance away from Plaintiff's vehicle; e. Failure to abide by the applicable statutes, rules and regulations of the road; f Failure to stop in time to avoid a collision with Plaintiff's vehicle; g. Failwe to apply the brakes in a timely manner; h. Failure to control said motor vehicle in a reasonable and prudent fashion; Operating, steering and controlling said motor vehicle in a careless and negligent manner; Failure to avoid the occurrence complained of; k. Failure to observe the roadway and/or the vehicles thereon including the vehicle of Plaintiff Schlosser; Failure to remain alert at the wheel; m. Operating said vehicle at an inappropriate andlor excessive rate of speed under the circumstances then prevailing; n. Failure to alter her course to avoid a collision with the vehicle operated by Plaintiff Schlosser; o. Negligence per se; and p. Violation of 75 Pa. §3323. 15. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver and not due to any act or failure to act on the part of Plaintiff Schlosser, said Plaintiff suffered great pain, injuries to her left shoulder, left upper extremity, cervical, thoracic and lumber spine, traumatic anxiety, headaches, loss of life's pleasures, emotional distress, and injuries to her muscles, nerves and nervous system, some of all of which are or may be permanent m nature. 16. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff Schlusser has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and/or enjoyment of life. 17. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff has suffered and/or continues to suffer and/or may in the future suffer a loss of earnings and/or earning capacity 18. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff Schlusser has been in the past and may continue to be in the future required to undergo medical and medically related treatments and procedures. 19. As a direct and proximate result of the negligence and carelessness of Defendant Joyce Lauver, Plaintiff Schlusser has been in the past and/or may be in the future required to spend great sums of money for medical and medically related treatment and procedures as a result of her injuries. WHEREFORE, Plaintiff Ruth Schlusser hereby demands judgment in her favor and against Defendant Joyce Lauver in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT II -NEGLIGENT ENTRUSTMENT PLAINTIFF RUTH SCHLUSSER v. DEFENDANT NEVIN WEAVER 20. Pazagraphs 1 through 19 aze incorporated herein as if set forth at length herein. 21. Defendant Nevin Weaver negligently and carelessly entrusted his vehicle to Defendant Joyce Lauver when he knew or should have known that Defendant Joyce Lauver was a careless, negligent, and inexperienced motor vehicle operator who was unfamiliar with the intended route of travel so as to present an unreasonable risk of harm to others upon the highway, including Plaintiff Ruth Schlosser. 22. Defendant Nevin Weaver was negligent and careless in permitting Defendant Joyce Lauver to operate said vehicle without placing limitations on its use, including obeying traffic control devices. 23. Defendant Nevin Weaver was negligently and carelessly indifferent to the rights and safety of others, including Plaintiff Ruth Schlosser, in failing to train and instruct Defendant Joyce Lauver in the safe operation of said vehicle. 24. As a direct and proximate result of the negligence and carelessness of Defendant Weaver, Plaintiff Ruth Schlosser suffered severe personal injuries and other damages as set forth herein. WHEREFORE, PlaintiffRuth Schlosser hereby demands judgment in her favor and against Defendant Nevin Weaver in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT III -VICARIOUS LIABILITY PLAINTIFF RUTH SCHLUSSER v. DEFENDANT NEVIN WEAVER 25. Paragraphs 1 through 24 aze incorporated herein as if set forth at length herein. 26. At all times pertinent hereto, Defendant Joyce Lauver was an agent, servant, or employee or, in the alternative, was an appazent agent, apparent servant or appazent employee of Defendant Nevin Weaver. 27. At all times pertinent hereto, Defendant Joyce Lauver was acting within the course and scope of her employment as agent, servant or employee of Defendant Nevin Weaver. 28. Defendant Nevin Weaver is vicariously liable for the acts, commissions, or omissions of Defendant Joyce Lauver as though Defendant Nevin Weaver performed the acts, commissions or omissions himself. 29. As a direct and proximate result of Defendant Nevin Weaver's liability for the negligent acts, commissions, or omissions and/or other improper, careless or negligent conduct of Defendant Joyce Lauver, Plaintiff Ruth Schlusser has suffered and will continue to suffer such injuries and/or damages as are set forth herein. WHEREFORE, Plaintiff Ruth Schlusser hereby demands judgment in her favor and against Defendant Nevin Weaver in an amount which exceeds the jurisdictional limit requiring azbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT IV -VICARIOUS LIABILITY PLAINTIFF RUTH SCHLUSSER v. DEFENDANT MOUNTAIlV VIEW SCHOOL 30. Paragraphs 1 through 29 are incorporated herein as if set forth at length herein. 31. At all times pertinent hereto, Defendant Joyce Lauver was an agent, servant, or employee or, in the alternative, was an apparent agent, apparent servant or apparent employee of Defendant Mountain View School. 32. At all times pertinent hereto, Defendant Joyce Lauver was acting within the course and scope of her employment as agent, servant or employee of Defendant Mountain View School. 33. Defendant Mountain View School is vicariously liable for the acts, commissions, or omissions of Defendant Joyce Lauver as though Defendant Mountain View School performed the acts, commissions or omissions itself. 34. As a direct and proximate result of Defendant Mountain View School's liability for the negligent acts, commissions, or omissions and/or other improper, careless or negligent conduct of Defendant Joyce Lauver, Plaintiff Ruth Schlosser has suffered and will continue to suffer such injuries and/or damages as are set forth herein. WHEREFORE, Plaintiff Ruth Schlosser hereby demands judgment in her favor and against Defendant Mountain View School in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. GRAHAM & MAUER, P.C. Li ..Mauer, 'squire ttomey for 'ntiffs Date: ~ I - `~- - ~5 VERIFICATION I, Ruth Schlosser, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my lrnowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Ruth Schlosser GRAHAM & MAUER, P.C. By: Lisa J. Mauer, Esquire Attomey I.D. 65426 1'he Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)`)33-3333 RUTH SCHLUSSER 1353 Centerville Road Newville, PA 17241 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs : N0.05-4216 vs. JOYCELAUVER 8777 Molly Pitcher Highway Shippensburg, PA 17257 and NEVIN WEAVER 1450 Creek Road Carlisle, PA 17013 CIVIL MATTER and MOUNTAIN VIEW SCHOOL 720 Burnt House Road Carlisle, PA 17013 Defendants CERTIFICATE OF SERVICE i'h I, Lisa J. Mauer, Esquire, hereby certify that on this ~ day of November, 2005, a true and correct copy of Plaintiff s First Amended Com to aint was sent US mail to the following counsel of record: James H. Thomas, Esquire Blakinger, Byler & Thomas, P.C. 28 Penn Square Lancaster, PA 17603 GRAHAM & MAUER, P.C. By: ~ /` ~isa Maue Attomey for lair-tiff ,_, ~.~ r `; n ~;; ~ ~ ~ - :;~ < , ~ -:; ~! r ' ca `;' `~ -,i.~ ,_ -- ~=ci W -rn ~~ .:._;i i ~ _,J l;J y SHERIFF'S RETURN - REGULAR CASE N0: 2005-04216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SCHULSSER VS LAUVER JOYCE ET AL CHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AMENDED was served upon MOUNTAIN VIEW SCHOOL the DEFENDANT at 1430:00 HOURS, on the 14th day of November 2005 at 720 BURNT HOUSE ROAD CARLISLE, PA 17013 by handing to DORCAS RUDLOPH, TEACHER, ADULT IN CHARGE a true and attested copy of COMPLAINT AMENDED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.80 Postage .37 Surcharge 10.00 Sworn and Subscribed to before me this d~A.r day of 71,dixt s~~lt[a~ ~ ~ A . D . Prot on tary So Answers: R. Thomas Kline 11/15/2005 GRAHAM & MAUER By: , Deputy Sheri f BLAKINGER, BYLER & THOMAS, P.C. By: James H. Thomas, Esquire Attorney LD. #19524 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Email: jht@bbt-law.com Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW RUTHSCHLUSSER v. € CI-OS-4216 JOYCE LAUVER AND NEVIN WEAVER AND MOUNTAIN VIEW SCHOOL ANSWER OF DEFENDANTS JOYCE LAUVER, NEVIN WEAVER AND MOUNTAIN VIEW SCHOOL TO PLAINTIFF'S FIRST AMENDED COMPLAINT Admitted. 2. Admitted; however, this residence is in Franklin County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant Joyce Lauver was never the agent, servant or employee of Defendant Mountain View School nor was she an apparent agent, apparent servant or apparent 1 No. OS-4216 employee; and to the contrary, she had no legal relationship with Mountain View School, but was simply driving the children of Nevin Weaver home from School. 9. Denied as stated. The allegation that Defendant Joyce Lauver was an agent, servant, employee or, in the alternative, an apparent agent, apparent servant or apparent employee of Defendant Nevin Weaver is a conclusion of law which is deemed denied. Admitted only that Defendant Joyce Lauver was operating Defendant Nevin Weaver's vehicle with his permission. 10. Denied. Answering Defendants have been advised and, therefore, aver that this allegation is a conclusion of law which is deemed denied. 11. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the allegation because the means of proof are within the exclusive control of the Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. t2. Denied. Answering Defendants have been advised and, therefore, aver that this allegation is a conclusion of law which is deemed denied. COUNTI 13. No answer required. 14. Denied. The allegation that Defendant Joyce Lauver was negligent and careless in the operation ofthe motor vehicle is a conclusion of law which is deemed denied. By way of further answer: a. Denied that Defendant Joyce Lauver failed to properly operate, manage and control said motor vehicle; b. Denied that Defendant Joyce Lauver disregarded the rights, safety and position of other vehicles on the road, including the vehicle driven by Plaintiff; 2 No. OS-4216 c. Denied that Defendant Joyce Lauver failed to keep a proper lookout; d. Denied that Defendant Joyce Lauver failed to remain a safe and clear distance away from Plaintiff s vehicle; e. This averment states a conclusion of law which is deemed denied; f Denied that Defendant Joyce Lauver failed to stop in time to avoid a collision with Plaintiff s vehicle; g. Denied that Defendant Joyce Lauver failed to apply the brakes in a timely manner; h. This allegation is a conclusion of law which is deemed denied; i. This allegation is a conclusion of law which is deemed denied; j. Denied that Defendant Joyce Lauver failed to avoid the occurrence complained of; k. Denied that Defendant Joyce Lauver failed to observe the roadway and/or the vehicles thereon including Plaintiff s vehicle; I. Denied that Defendant Joyce Lauver failed to remain alert at the wheel; m. Denied that Defendant Joyce Lauver was operating the vehicle in an inappropriate and/or excessive rate of speed under the circumstances; n. Denied that Defendant Joyce Lauver failed to alter her course to avoid a collision; o. This allegation is a conclusion of law which is deemed denied; p. 'T'his allegation is a conclusive of law which is deemed denied. 15. Denied. After reasonable investigation, Answering Defendants are unable to form 3 No. OS-4216 a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. 16. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. 17. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. 18. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. 19. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. WHEREFORE, Defendant Joyce Lauver requests judgment in her favor. COUNT II 20. No answer required. 21. The allegation of negligent or careless entrustment is a conclusion of law which is deemed denied. By way of further answer, it is denied that Defendant Joyce Lauver was inexperienced or unfamiliar with the intended route of travel so as to present an unreasonable risk of harm to others. 22. The allegation that Defendant Weaver was negligent and careless is a conclusion of No. 05-4216 law which is deemed denied. It is denied that Defendant Nevin Weaver permitted Defendant Joyce Lauver to operate the vehicle without placing limitations on its use, including obeying traffic control devices. 23. The allegation that Defendant Nevin Weaver was negligently and carelessly indifferent to the rights and safety of others, is a conclusion of law which is deemed denied. It is denied that Defendant Weaver failed to train or instruct Defendant Joyce Lauver in the safe operation of said vehicle; and to the contrary, Defendant Joyce Lauver was a licensed driver and able to operate the vehicle. 24. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof aze within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. WHEREFORE, Defendant Nevin Weaver requests that judgment be entered in his favor. COiJNT III 25. No answer required. 26. Denied as stated. By way of further answer, Defendant Lauver was a temporary baby nurse working in the household of Defendant Nevin Weaver. 27. Admitted; however, see answer to number 26. 28. The allegation of vicarious liability is a conclusion of law which is deemed denied. 29. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. WHEREFORE, Defendant Nevin Weaver requests that judgment be entered in his favor. 5 No. OS-4216 COUNT IV 30. No answer required. 31. This allegation is a conclusion of law to which no answer is required. By way of fiirther answer, Defendant Joyce Lauver had no connection, either as an agent, servant or employee or apparent agent, apparent servant or apparent employee of Defendant Mountain View School. 32. Denied. This allegation is a conclusion of law which is deemed denied. 33. Denied. This allegation is a conclusion of law which is deemed denied. 34. Denied. After reasonable investigation, Answering Defendants are unable to form a belief as to the truth of the averment because the means of proof are within the exclusive control of Plaintiff, an adverse party. Strict proof, if relevant, is demanded at time of trial. WHEREFORE, Defendant Mountain V iew School requests] udgment be entered in its favor. BLAKINGER, BYLER & THOMAS, P.C. By: GL»ua~~~rt~A,.. m H. Thomas, Esquire At rneys for Defendants Dated: ~ Z'O6.0S • No. OS-4216 I VERIFY that the statements made in the foregoing Answer are true and correct. I understand this verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Joyce auver Date: ~2-2-US 7 No. 05-4216 I VERIFY that the statements made in the foregoing Answer are true and correct. I understand this verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Nevin Weaver Date: ~~. z_~ 8 • No. 05-4216 I VERIFY that I am the Board Chairman of Mountain View School, one of the foregoing Defendants, and that I am authorized to execute the foregoing Answer on behalf of said Mountain View School, and that the statements made in the foregoing Answer are true and correct. I understand this verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. MOUNTAIN VIEW SCHOOL .~~~z/ /~.7f~=t~ -bavi B, Horst, Board Chairman Date: 12 - ~ ~' ° 9 No. OS-4216 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Answer upon the person and in the manner indicated below. Service by First-Class Mail as follows: Lisa J. Mauer, Esquire (610) 933-3333 Graham & Mauer, P.C. The Commons at Valley Forge, Suite 22 P. O. Box 987 Valley Forge, PA 19482 Attorneys for Plaintiff BLAKINGER, BYLER & THOMAS, P.C. By: t . rJ ! v am H. Thomas, Esquire rneys for Defendants Dated: I y • e6 -o S 10 GRAHAM & MAUER, P. C. By: Lisa J. Mauer, Esquire Attorney I.D. 65426 The Commons at Valley Forge Suite 22, P.O. Box 987 Valley Forge, PA 19482 (610)933-3333 RUTH SCHLUSSER 1353 Centerville Road Newville, PA 17241 Plaintiffs : NO.O5-4216 vs. Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOYCE LAUVER 8777 Molly Pitcher Highway Shippensburg, PA 17257 NEVIN WEAVER 1450 Creek Road Carlisle, PA 17013 and CIVIL MATTER and MOUNTAIN VIEW SCHOOL 720 Burnt House Road Carlisle, PA 17013 Defendants PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this matter SETTLED, DISCONTINUED and ENDED. GRAHAM & MAUER, P.C. ~ ~' By: ~ ~, ~__ i~ J Mauer squire Date: °jy.!?~_~~`~.. Attorney for aintiff ~' Z ~~~ ` :i `r `p ~ -r: ~ ~ ~