HomeMy WebLinkAbout06-5861
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JOHN J. TIERNEY
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
; NO: 06. 5'f(, / Cu;J -r J.-o-
: JURY TRIAL DEMANDED
STACY SCHROEDER
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following Complaint, 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.
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, P A 17013
Phone: (717) 249-3166
JOHN J. TIERNEY
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
; NO: 0' - 51t.-/ C.t;;J-r~
: JURY TRIAL DEMANDED
STACY SCHROEDER
Defendant
COMPLAINT
1. Plaintiff, John J. Tierney, is an adult individual who resides at 905 Indiana Ave,
Lemoyne, Cumberland County, Pennsylvania 17043.
2. Defendant is Stacy Schroeder, an adult individual, who resides at 8 Wheatland Dr.,
Mechanicsburg, Cumberland County, Pennsylvania 17050
3. On February 12, 2006 at approximately 4:45 p.m. the Plaintiff operated a 2005
Maxima in a Westerly direction on the Wertzville Rd in the vicinity of Westbury Dr. in Hampden
Township, Cumberland County, Pennsylvania.
4. At the above referenced time and place the Defendant operated a 2000 Toyota in an
Easterly direction on the Wertzville Rd. in the vicinity of Westbury Dr. in Cumberland County,
Pennsylvania.
5. As Plaintiff approached Westbury Dr. from the East in the proper lane of travel,
Defendant, who was approaching the same intersection from the West, turned left directly in front of
Plaintiff and traveled into Plaintiff s lane at such a close distance that evasive action by Plaintiff was
impossible. Plaintiffs automobile impacted Defendant's automobile in Plaintiffs lane of travel
where Plaintiff had the right of way.
6. The collision of the vehicles referenced immediately above caused physical forces to
act upon the Plaintiff that caused Plaintiff to suffer cervical muscle strain, a contusion of the chest, a
chemically burned left ear area from the air bag, and a bruised right knee. Plaintiff experienced pain
and discomfort for approximately 30 days after the collision. Plaintiff also suffered shock, fear,
psychic distress and lost sleep.
7. The above referenced collision was caused by the Defendant's negligence, specifically
including, but not limited to, the Defendant failed to keep an adequate and vigilant view of the road
ahead to be prepared to stop without hitting other vehicles; the Defendant failed to surrender the
right of way to Plaintiff in Plaintiffs lane of travel; the Defendant failed to assure there was a clear
distance to accomplish a turn across the adjacent and oncoming lane of travel.
8. The Defendant's negligence was a proximate cause of the collision and also a
proximate cause of the injuries referenced above suffered by the Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendant for an amount that does
not exceed the arbitration limit of thirty thousand dollars ($30,000) in Cumberland County.
ANDREWS & JOHNSON
Date: <) -5 --6<0
By:
10 drews, Esq.
rney for Plaintiff
78 W. Pomfret Street
Carlisle, P A 17013
(717) 243-0123
Supreme Court ID No. 15641
-
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904,
relating to unsworn falsification to authorities.
DATE: q /..P' ;{; (
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John. Tierney
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JOHN J. TIERNEY
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
STACY SCHROEDER
Defendant
: NO: 06-5861
: JURY TRIAL DEMANDED
PRAECIPE
To the Prothonotary:
Please mark the above captioned case settled and discontinued.
Respectfully submitted,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05861 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TIERNEY JOHN J
VS
SCHROEDER STACY
MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SCHROEDER STACY
the
DEFENDANT
, at 2037:00 HOURS, on the 20th day of October ,2006
at 8 WHEAT LAND DRIVE
MECHANI CSBURG , PA 17050
by handing to
MATTHEW SCHROEDE~ HUSBAND
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
18.00
8.80
.39
10.00
.00
3 7 . 19v'"
~ /I/Of/VI.,
Sworn and Subscibed to
Sheriff1s Costs:
Docketing
Service
Postage
Surcharge
So Answers:
~r'?~/ /~
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R. Thomas Kline
day
10/24/2006
ANDREWS & ~ ---;7
By: i' ~"
eputy he iff
before me this
of
A.D.