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HomeMy WebLinkAbout06-3236 SCHMIDT. RONCA & KRAMER, P.C. BY: TERRY S, HYMAN, ESQUIRE I.D, #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 thvman{@srklaw,com JAMES A. GRAVER, Attorneys for P1aintiff(s) IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. O~ - 3.2Jb CiUlL'-rf/L~ TIMOTHY L. WHEELER, CML ACTION - LAW Defendant 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 f1ling 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 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 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 SCHMIDT. RONCA & KRAMER, P.C. BY: TERRY S, HYMAN, ESQUIRE I.D, #36807 209 State Street Harrisburg,PA 17101 (717)232-6300 thvman{@srklaw,com JAMES A. GRAVER, Attorneys for P1aintiff(s) IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. TIMOTHY L. WHEELER, CML ACTION - LAW Defendant JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADOjA EN CORTE, Si usted desea defenderse de 1as demandas que se presentan mas adelante en 1as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en 1a Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por e1 demandante puede ser dictado en contra suya por 1a Corte sin mas aviso adicional, Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, Sl USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA, ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 SCHMIDT. RONCA & KRAMER, P.C. BY: TERRY S, HYMAN, ESQUIRE I.D, #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 thvman{@srklaw,com JAMES A. GRAVER, Attorneys for P1aintiff(s) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0(, - 32](, Cwu r u..- v. TIMOTHY L. WHEELER, CML ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, James A, Graver is an adult residing in Carlisle, Cumberland County, Pennsylvania, 2, Defendant, Timothy L, Wheeler is an adult residing in Newville, Cumberland County, Pennsylvania. 3, The accident described herein occurred on July 15, 2005, next to the parking lot of the Rustic Tavern, a bar located on the Newville Road in Carlisle, Cumberland County, Pennsylvania, 4, At about 10:00 p,m" Defendant Wheeler got into his 1993 Jeep and pulled out of the Rustic Tavern parking lot across the westbound lane of the Newville Road, 5, Defendant Wheeler had been drinking, and was inebriated, 6, Although it was dark, Defendant Wheeler did not put on his headlights, 7, James Graver was, at the time, lawfully driving his motorcycle westbound on the Newville Road with his lights on and within the speed limit. 8, Despite the motorcycle's sound and headlights being obvious, Defendant Wheeler, with his headlights off, pulled directly in front of Mr, Graver's oncoming motorcycle, 9, James Graver had no choice but to ditch his bike rather than hit Wheeler's vehicle, He, therefore, skidded along the highway resulting in significant injuries to j I (bo;'~ o-Ad t\-.e hIp) his arm and shou1der'I ~t'\O 'CaS 10, The noise and accident was obvious to all onlookers including the Defendant Wheeler, 11, Defendant Wheeler did not, however, stop his vehicle but rather fled the scene, 12, As a result of the Defendant not being on the scene, the police officer was unable to evaluate his condition or determine whether Defendant Wheeler was inebriated even though the police officer suspected that he was, 13, The police officer did, in fact, consider this a hit and run accident and charged Defendant Wheeler with that violation, 14, In the accident, James Graver suffered significant injuries to his arm and 'o~"''' \q~ l'~ "',~, shoulder '-hich included a permanent dislocation of his shoulder, 15, The accident has resulted in the following damages to James Graver: a) Significant road rash, and bleeding and scaring, injuries to his shoulder neck and back, a permanent dislocation of his shoulder and various " , d 'b d' h' d' al d I \~ \""1 "''''.} "'i' InJunes escn e In lS me lC recor s;"o - 0 b) Past and future pain and suffering; c) A diminution of his earning capacity; d) Medical bills which are not covered by any insurance company or by PIP benefits; e) Permanent scarring; f) Deformity; g) Past wage loss; h) Future medical costs may be incurred; i) Loss of life's pleasures; and j) All other damages which are legally permitted for the victim of an automobile accident caused by another's negligence, COUNT I - NEGLIGENCE JAMES A. GRAVER v. TIMOTHY L. WHEELER 15, Paragraphs 1 through 14 are incorporated herein by reference; 16, The damages alleged herein were directly and proximately caused by the negligence of Defendant Timothy Wheeler in: a) Getting drunk; b) Driving with his headlights off; c) Entering the highway directly in front of Mr, Graver's motorcycle, d) Entering the highway without observing oncoming traffic; e) Failing to yield right of way; f) g) h) i) Leaving the scene of an accident; Improper and careless turning; Making an improper entrance onto the highway; Driving under the influence of alcohol or drugs; j) Leaving the scene to avoid detection of criminal conduct; k) Not seeing the light of Mr, Graver's motorcycle; and I) Creating a sudden emergency by pulling out within Mr, Graver's assured clear distance; WHEREFORE, Plaintiff, James A, Graver, demands compensatory damages against Defendant Timothy Wheeler in an amount in excess of the statutory limit for arbitration, together with interest and costs. COUNT II - PUNITIVE DAMAGES JAMES A. GRAVER v. TIMOTHY L. WHEELER 17, Paragraphs 1 through 16 and Count I are incorporated herein by reference. 18, Defendant Wheeler had been drinking and/or using illegal drugs prior to the accident occurring. 19. Defendant Wheeler driving under the influence with his lights off caused Mr, Graver on a motorcycle to go down and slide several hundred feet across the highway, Rather than to assure the motorcycle driver was unhurt, Timothy Wheeler fled the scene to avoid having to submit to testing which would prove his criminal conduct, Such conduct is outrageous, justifying the imposition of punitive damages, 20. Even if Defendant Wheeler was not under the influence, his behavior as alleged herein was reprehensible and outrageous justifying the imposition of punitive damages, WHEREFORE, Plaintiff, James A, Graver, demands such exemplary damages against Defendant Timothy 1. Wheeler as determined by a jury to be appropriate, Respectfully submitted, SCHMIDT, RONCA 81 KRAMER, P.C. erry , , Esquire J.D. No. 209 S treet Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff Date: {)%6/0P VERIFICATION I, James Graver, verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information, and belief, We understand that this Verification is made subject to the provisions of 18 Pa,C.S. !j4904, relating to unsworn falsification to authorities, f2:,-" J)~ J mes Graver Date: o-3/-o/' ~ 1 (:) lrt 7'\\. 111 t!l ~ W \) - '" ~ ~ --:t. C> ey- J ~ 0 c.?' --n if' S ~~ -[1 CD ~y ~'j~ ':t)\ ',' (~) >.:-,,1 I~:?\ ~ :-<: (') ~,~.~ .:,l ~ _..l ,..(, B .-Jc.- I .....J -0 _,h <? C> N SCHMIDT KRAMER PC BY: TERRY S, HYMAN, ESQUIRE 1.0, # 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 thvman{@srklaw.com JAMES A. GRAVER, Attorneys for P1aintiff(s) IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 06-3236 . . TIMOTHY WHEELER, : CMLACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the attached Complaint and forward copy to the Sheriff for service upon Defendant. Respectfully submitted, SCHMIDT KRAMER PC Date: q/f..I/O ~ ~ So \:JtTJ ~~~~ (J'.l "~ r:~ " r:' "'"'- ~F~ J>'e: z =2 ~ = <7' E; en "" ~ ~:!l ~~ 06 -'-... ~"d :z:~ ~ ~ -0 ::x w .' w .. SHERIFF'S RETURN - NOT FOUND ~ . CASE NO: 2006-03236 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GRAVER JAMES A VS WHEELER TIMOTHY L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WHEELER TIMOTHY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , WHEELER TIMOTHY L 26 WEST MAIN STREET NEWVILLE, PA 17241 PER RESIDENT OF 15 YEARS AT GIVEN ADDRESS, HE NEVER HEARD OF DEFENDANT. Sworn and 18.00 10.56 5.00 10.00 .39 43.95/ Yfiafot 0- Subscribed to before County Sheriff's Costs: Docketing Service Not Found Surcharge Postage 00/00/0000 me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03236 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS .- - - ....a ...... - - - GRAVER JAMES A - WHEELER TIMOTHY L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WHEELER TIMOTHY L but was unable to locate Him In his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to - - ...- ..... ..... - - - the within named DEFENDANT , WHEELER TIMOTHY L - 361 SAWMILL ROAD NEWVILLE, PA 17241 SERVICE WAS ATTEMPTED AT BOTH SAWMILL ROAD AND AT 859 W LOUTHER ST CARLISLE - NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 14.96 5.00 10.00 .39 48.35\,/ 1- J or ,Dc' S70n W ~ ..' '~:It~ ~ "'-, ' - R--:-TI1omas Kline Sheriff of Cumberla,ust,C'o,unty ,.:."~"~ ....~. .....:...'<~. -. .... . '-", ..,.....,. - -. C}m SCHMIDT RONCA KRAMER 06/15/2006 - - - ....... ....... Sworn and Subscribed to before day of - - - me this ,- A.D. . ._~ SCHMIDT KRAMER PC BY: TERRY S. HYMAN, ESQUIRE J.D. #36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 thvman(a),srklaw.com JAMES A. GRAVER" Plaintiff v. TIMOTHY WHEELER" Defendant Attorneys for Plaintiff(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3236 CML ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Date: / t(o sjrJ(, Respectfully submitted, er . Hyman, Esquire 1. . No. 36807 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorney for Plaintiff(s) .. .. CERTIFICATE OF SERVICE AND NOW, this ~ day OftJr~ 2006, I, Janice S. Harmon an employee of SCHMIDT KRAMER PC, do hereby certify that I have served a true and correct copy of the PRAECIPE TO SETTLE, DISCONTINUE AND END in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Casey G. Shore, Esquire Nealon Gover & Perry 2411 N. Front Street Harrisburg, PA 17110 ~1~ -" o c ,.... l' ") ':::.~\ ::;:1 \ 0'" -:') " r:.~ J ::.\ ~';1 ::% .- ... .:,..