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JANE H, ECKERD,
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYL VANIA
Plaintiff
v,
NO,
1~9!J- C~ !tfq1-
ANTHONY TROY STEVENSON and
ROBERT C. WARGO,
CIVIL ACTION - LAW
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 fall 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 Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
HANDLER AND WIEI\IJ;,B
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By
W, Scott H~ , Es
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1.0. #32298
319 Market eet
P,O, Box 1177
Harrisburg, PA 17108.
(717) 234-8031
Attorney for Plaintiff
Plaintiff,
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%H TBB COURT OF COKKOH PLBAS
CUJUlBRLAHD COUHTY, PDlNSYLVAlfIA
DOCItBT HO.
central\ajg\complain\eckerd
JUB B. BCItBRD,
v.
ANTHONY TROY STBVBHSOH, and
ROBERT C. WARGO,
CIVIL ACT%OH - LAW
Defendants
JURY TR%AL DBMANDBD
COMPLA%NT
AND NOW, comes the Plaintiff, Jane H. Eckerd, by and through
her attorneys, Handler and Wiener, and makes the within complaint
against the Defendant as follows:
1. Plaintiff, Jane H. Eckerd, is an adult individual
residing at 9 East Main street, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
2. Defendant, Anthony Troy stevenson, is an adult individual
residing at 3410 Walnut street, Apt. A, Harrisburg, Dauphin County,
Pennsylvania 17109.
3. Defendant, Robert C. Wargo, is an adult individual
residing at 3 Sunset Circle, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
4. At all times material hereto, Plaintiff, Jane H. Eckerd,
was a passenger in a 1988 Ford Tempo, owned by Joyce A. Kapp,
operated by Susan Carol Long, and bearing Pennsylvania Registration
Plate Number TGX-881.
5. At all times material hereto, Defendant, Anthony Troy
Stevenson, was operating a 1987 Nissan 300ZX, owned by Defendant,
Robert C. Wargo, and bearing Pennsylvania Registration Plate Number
AFC-9972.
6. On or about April 5, 1993, at approximately 8:40 P.M.,
the vehicle in which Plaintiff, Jane H. Eckerd, was a front seat
passenger was travelling southbound on S. sporting Hill Road in
Mechanicsburg, Hampden Township, Pennsylvania.
7. On or about April 5, 1993, at approximately 8:40 P.M.,
Defendant, Anthony Troy stevenson, was exiting the parking lot of
Larry's Mobil station on S. sporting Hill Road, in an attempt to
drive across S. Sporting Hill Road and enter the parking lot of Ye
Olde Ale House.
8. On or about April 5, 1993, at approximately 8:40 P.M.,
Defendant, Anthony Troy Stevenson, was in the left turn lane of S.
sporting Hill Road, between two full-size vans, when he suddenly
and without warning pulled out in front of the on-coming vehicle in
which Plaintiff was a passenger.
9. On or about April 5, 1993, at approximately 8:40 P.M.,
the vehicle in which the Plaintiff, Jane H. Eckerd, was a passenger
collided with the vehicle operated by Defendant, Troy Anthony
Stevenson.
10. As a direct and proximate result of the negligence of the
Defendant, Anthony Troy stevenson, Plaintiff, Jane H. Eckerd, has
suffered serious bodily injury as set forth in full hereinafter.
COUNT %
JANE H. ECKERD v. ANTHONY TROY STEVENSON
11. Plaintiff, Jane H. Eckerd, incorporates and makes a part
of this Count paragraphs 1 through 10 of this Complaint as if fully
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set forth.
12. The occurrence of the aforesaid accident and the injuries
to Plaintiff, Jane H. Eckerd, resulting therefrom were caused
directly and proximately by the negligence of the Defendant,
Anthony Troy stevenson, generally and more specifically as set
forth below:
(a) In entering S. Sporting Hill Road from a place other
than another roadway and failing to yield the right-
of-way to all vehicles approaching on S. Sporting
Hill Road, including the vehicle in which the
Plaintiff, Jane H. Eckerd, was a passenger, in
violation of section 3324 of the Pennsylvania Motor
Vehicle Code;
(b) In failing to keep a reasonable lookout for vehicles
lawfully travelling on S. Sporting Hill Road;
(c) In failing to maintain proper and adequate
observation of the traffic conditions then and there
existing;
(d) In failing to exercise reasonable care in the
operation and control of said vehicle; and
ee) In operating said vehicle in a reckless and
dangerous manner by positioning it suddenly in front
of the vehicle that was travelling south on S.
Sporting Hill Road in which the Plaintiff was a
passenger.
13. As a direct and proximate result of the negligence of the
3
Defendant, Anthony Troy stevenson, Plaintiff, Jane H. Eckerd, has
sustained injuries, including, but not limited to, a concussion,
hematomas of the right and left forehead, fracture of the tip of
the nose and a deviation of the nasal dorsum, requiring surgery.
14. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has been and probably
will in the future be hindered from attending to her usual
occupation and daily duties, to her great detriment, loss,
humiliation and embarrassment.
15. As a result of the negligence of Defendant, Anthony Troy
stevenson, Plaintiff, Jane H. Eckerd, suffered a loss of life's
pleasures, and probably will continue to suffer the same in the
future, to her great detriment and loss.
16. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has undergone great
physical pain, discomfort, humiliation, embarrassment and mental
anguish, and she will continue to endure the same for an indefinite
period of time in the future, causing her great physical,
emotional, and financial detriment and loss.
17. As a result of the negligence of Defendant, Anthony Troy
stevenson, Plaintiff, Jane H. Eckerd, has been compelled, in order
to effect a cure for the aforesaid injuries, to expend large sums
of money for medicine and medical attention, and will be required
to do so in the future, to her great detriment and loss.
18. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has incurred lost wages
4
in the amount of One-Thousand Eighty-Seven Dollars and Twenty Cents
($1,087.20).
19. As a further result of the negligence of the Defendant,
Anthony Troy stevenson, Plaintiff, Jane H. Eckerd, incurred damages
of One-Hundred and Ninety Two Dollars ($192.00) to replace the
clothing that the Emergency Room personnel found necessary to cut
off at the accident scene in order to render appropriate medical
treatment.
WHEREFORE, plaintiff, Jane H. Eckerd, seeks damages from
Defendant, Anthony Troy stevenson, in an amount in excess of
Twenty-Thousand Dollars ($20,000.00) and demands a trial by jury.
COUNT U
JANE B. ECKERD v. ROBERT C. WARGO
20. Plaintiff, Jane H. Eckerd, incorporates and makes part of
this Count paragraphs 1 through 19 of this Complaint as if fully
set forth.
21. The occurrence of the aforesaid accident and the injuries
to plaintiff, Jane H. Eckerd, resulting therefrom were caused
directly and proximately by the negligence of the Defendant, Robert
C. Wargo, generally and more specifically as set forth below:
(a) In negligently entrusting his vehicle to Defendant,
Anthony Troy stevenson;
(b) In allowing Defendant, Anthony Troy stevenson, to
enter s. Sporting Hill Road from a place other than
another roadway and failing to yield the right-of-
5
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way to all vehicles approaching on S. sporting Hill
Road, including the vehicle in which the plaintiff,
Jane H. Eckerd, was a passenger, in violation of
section 3324 of the Pennsylvania Motor Vehicle Code;
(c) In allowing Defendant, Anthony Troy stevenson, to
fail to keep a reasonable lookout for vehicles
lawfully travelling on S. sporting Hill Road;
(d) In allowing Defendant, Anthony Troy Stevenson, to
fail to maintain proper and adequate observation of
the traffic conditions then and there existing;
(e) In allowing Defendant, Anthony Troy Stevenson, to
fail to exercise reasonable care in the operation
and control of said vehicle; and
(f) In allowing Defendant, Anthony Troy Stevenson, to
operate in a reckless and dangerous manner said
vehicle in positioning it suddenly in front of the
vehicle that was travelling south on S. Sporting
Hill Road in which the Plaintiff was a passenger.
22. As a direct and proximate result of the negligence of the
Defendant, Robert C. Wargo, Plaintiff, Jane H. Eckerd, has
sustained injuries, including, but not limited to, a concussion,
hematomas of the right and left forehead, fracture of the tip of
the nose and a deviation of the nasal dorsum, requiring surgery.
23. As a result of the negligence of the Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has been and probably will in the
future be hindered from attending to her usual occupation and daily
6
duties, to her great detriment,
embarrassment.
24. As a result of the negligence of Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, suffered a loss of life's
pleasures, and probably will continue to suffer the same in the
future, to her great detriment and loss.
25. As a result of the negligence of the Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has undergone great physical
pain, discomfort, humiliation, embarrassment and mental anguish,
and she will continue to endure the same for an indefinite period
of time in the future, causing her great physical, emotional, and
financial detriment and loss.
26. As a result of the negligence of Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has been compelled, in order to
effect a cure for the aforesaid injuries, to expend large sums of
money for medicine and medical attention, and will be required to
do so in the future, to her great detriment and loss.
27. As a result of the negligence of the Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has incurred lost wages in the
amount of One-Thousand Eighty-Seven Dollars and Twenty Cents
($1,087.20).
28. As a further result of the negligence of the Defendant,
Robert C. Wargo, Plaintiff, Jane H. Eckerd, incurred damages of
One-Hundred and Ninety Two Dollars ($192.00) to replace the
clothing that the Emergency Room personnel found necessary to cut
off at the accident scene in order to render appropriate medical
loss,
humiliation and
7
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treatment.
WHEREFORE, Plaintiff, Jane H. Eckerd, seeks damages from
Defendant, Robert c. Wargo, in an amount in excess of Twenty-
Thousand Dollars ($20,000.00) and demands a trial by jury.
HANDLER AND WIENER
Date: 3-~-Clf
17108-1177
Attorneys for Plaintiff
8
VBR%nCAT%ON
I, Jane H. Eckerd, hereby verity that the statements made in
the toregoing pleading are true and correct to the best of my
knowledge, information, and belief.
I understand that false
statements herein are made subject to the penalties of 18 Pa.e.s.
54904 relating to unsworn falsification to authorities.
Date:3 - g- -9 i
j}~~ /
ne H. Ecker
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1295 Civil Term 1994
Complaint in Civil Action Law
and Not ice
Jane H. Eckerd
VS
Anthony Troy Stevenson and
Robert C. Wargo
Michael Barrick, Deputy Sheriff, who being duly sworn according
to law, says that on March 21, 1994 at 7:08 o'clock P.M., E.S.T., he served
a true copy of the within Complaint in Civil Action Law and Notice, in the
above entitled action, upon the within named defendant, to wit: Robert C.
Wargo, by making known unto Robert C. Wargo, at 3 Sunset Circle,
Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same
time handing to him personally the said true and attested copy of the same.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says that he made diligent search and inquiry for the within named
defendant, to wit: Anthony Troy Stevenson, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of Dauphin County,
Pennsylvania, to serve the within Complaint in Civil Action Law and Notice,
according to law.
DAUPHIN COUNTY RETURN: I, William H. Livingston, Sheriff of the
County of Dauphin, Commonwealth of Pennsylvania, do hereby certify and
return that I made diligent search and inquiry for Anthony Troy Stevenson
the defendant named in the within Complaint and Notice and that I am unable
to find him in the County of Dauphin and therefore return same NOT FOUND
this 24th day of March, 1994. So answers: William H. Livingston, Sheriff
of Dauphin County, Pennsylvania.
Dauphin County return hereto attached.
Sheriff's
Docketing
Service
Surcharge
Out of County
Dauphin Co.
Costs:
18.00
6.72
4.00
5.00
20.50
54.22
Pd. by Atty.
3-28-94
to Before Me
So ~~W?s: .,y'"fi
r'~-....-:..-</~
R. Thomas Kline, Sheri~?
~->:4L
epu ty She.v'~ff
Sworn and Subscribed
This 3ilt
D~!, of
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1994, A.D.
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SHERIFF'S RETURN
No1295 Civil Term 1994
PAGE 459
COMMONWEALTH OF PENNSYLVANIA I
COUNTY OF DAUPHIN I
I, William H. Livingston, Sheriff of the County of Dauphin,
Commonwealth of Pennsylvania, do hereby certify and return that I made
diligent search and inquiry for Anthony Troy Stevenson
the defendant named in the wi thin roMPLAINT & NOTICE
and that I am unable to find in the County of Dauphin and therefore
return same NOT FOUND this
24th
, 1994
March
day of
So Answers
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Sheriff of Dauphin County, Penna,
Sworn and subscribed to
before me this
24th day of March, 1994
e.. paMna)
PROTHONOTARY
Moved left no forwarding address
Sheriff's Cost $010i..:.S7J
Anthony Troy Stevenson,'
:-lo,
1 ?q~ ('ivil. 'rprm
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Jane H. Eckerd
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March 17. 1994
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JANE H, ECKERD,
IN THE COURT OF COMMON PLEAS
CUMBERLANDCOUNTY,PENNSYL VANIA
Plaintiff
v,
NO,
/Jq5"" ~ 19'11-
ANTHONY TROY STEVENSON and
ROBERT C, WARGO,
CIVIL ACTION - LAW
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
HANDLER AND_WIENeR.
.
'f'RDE COPY FROM Rr:COAD
.. reslbuun, lllher8of, I here unto set my hand
IIld th S8lJ1 of sa rt at lisle, ~
arc t 19~
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central\ajg\complain\eckerd
JANB H. BCJtBRD,
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IN TH. COURT or COMKON PLBAB
CUMBBRLAND COUNTY, PBNNSYLVANIA
plaintiff,
DOCJtBT NO.
v.
ANTHONY TROY STBVBNSON, and
ROBBRT C. WARGO,
C%VIL ACTION - LAW
.
.
I
I
Defendants
JURY TRIAL DBMANDBD
.
.
COMPLAINT
AND NOW, comes the Plaintiff, Jane H. Eckerd, by and through
her attorneys, Handler and Wiener, and makes the within Complaint
against the Defendant as follows:
1. plaintiff, Jane H. Eckerd, is an adult individual
residing at 9 East Main street, Mechanicsburg, Cumberland county,
Pennsylvania 17055.
2. Defendant, Anthony Troy stevenson, is an adult individual
residing at 3410 Walnut street, Apt. A, Harrisburg, Dauphin county,
Pennsylvania 17109.
3. Defendant, Robert c. Wargo, is an adult individual
residing at 3 Sunset circle, Mechanicsburg, cumberland County,
Pennsylvania 17055.
4. At all times material hereto, plaintiff, Jane H. Eckerd,
was a passenger in a 1988 Ford Tempo, owned by Joyce A. Kapp,
operated by Susan Carol Long, and bearing pennsylvania Registration
Plate Number TGX-881.
5. At all times material hereto, Defendant, Anthony Troy
Stevenson, was operating a 1987 Nissan 300ZX, owned by Defendant,
Robert C. Wargo, and bearing Pennsylvania Registration Plate Number
AFC-9972.
6. On or about April 5, 1993, at approximately 8:40 P.M.,
the vehicle in which Plaintiff, Jane H. Eckerd, was a front seat
passenger was travelling southbound on S. Sporting Hill Road in
Mechanicsburg, Hampden Township, Pennsylvania.
7. On or about April 5, 1993, at approximately 8:40 P.M.,
Defendant, Anthony Troy stevenson, was exiting the parking lot of
Larry's Mobil station on S. Sporting Hill Road, in an attempt to
drive across S. Sporting Hill Road and enter the parking lot of Ye
Olde Ale House.
8. On or about April 5, 1993, at approximately 8:40 P.M.,
Defendant, Anthony Troy stevenson, was in the left turn lane of S.
Sporting Hill Road, between two full-size vans, when he suddenly
and without warning pulled out in front of the on-coming vehicle in
which Plaintiff was a passenger.
9. On or about April 5, 1993, at approximately 8:40 P.M.,
the vehicle in which the Plaintiff, Jane H. ECkerd, was a passenger
collided with the vehicle operated by Defendant, Troy Anthony
Stevenson.
10. As a direct and proximate result of the negligence of the
Defendant, Anthony Troy Stevenson, Plaintiff, Jane H. Eckerd, has
suffered serious bodily injury as set forth in full hereinafter.
caUNT I
JANE H. ECKERD v. ANTHONY TROY STEVENSON
11. Plaintiff, Jane H. Eckerd, incorporates and makes a part
of this Count paragraphs 1 through 10 of this Complaint as if fully
.
.
set forth.
12. The occurrence of the aforesaid accident And the injuries
to Plaintiff, Jane H. Eckerd, resulting therefrom were caused
directly and proximately by the negligence of the Defendant,
Anthony Troy stevenson, generally And more specifically as set
forth below:
(a) In entering S. Sporting Hill Road from a place other
than another roadway and failing to yield the right-
of-way to all vehicles approaching on s. Sporting
Hill Road, including the vehicle in which the
Plaintiff, Jane H. Eckerd, was a passenger, in
violation of section 3324 of the Pennsylvania Motor
Vehicle Code;
(b) In failing to keep a reasonable lookout for vehicles
lawfully travelling on S. Sporting Hill Road;
(c) In failing to maintain proper and adequate
observation of the traffic conditions then and there
existing;
(d) In failing to exercise reasonable care in the
operation and control of said vehicle; and
(e) In operating said vehicle in a reckless and
dangerous manner by positioning it suddenly in front
of the vehicle that was travelling south on S.
Sporting Hill Road in which the Plaintiff was a
passenger.
13. As a direct and proximate result of the negligence of the
3
.
Detendant, Anthony Troy stevenson, Plaintiff, Jane H. Eckerd, has
sustained injuries, including, but not limited to, a concussion,
hematomas of the right and left forehead, fracture of the tip of
the nose and a deviation of the nasal dorsum, requiring surgery.
14. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has been and probably
will in the future be hindered from attending to her usual
occupation and daily duties, to her great detriment, loss,
humiliation and embarrassment.
15. As a result of the negligence of Defendant, Anthony Troy
stevenson, Plaintiff, Jane H. Eckerd, suffered a loss of life's
pleasures, and probably will continue to suffer the same in the
future, to her great detriment and loss.
16. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has undergone great
physical pain, discomfort, humiliation, embarrassment and mental
anguish, and she will continue to endure the same for an indefinite
period of time in the future, causing her great physical,
emotional, and financial detriment and loss.
17. As a result of the negligence of Defendant, Anthony Troy
stevenson, Plaintiff, Jane H. Eckerd, has been compelled, in order
to effect a cure for the aforesaid injuries, to expend large sums
of money for medicine and medical attention, and will be required
to do so in the future, to her great detriment and loss.
18. As a result of the negligence of the Defendant, Anthony
Troy stevenson, Plaintiff, Jane H. Eckerd, has incurred lost wages
4
I .
in the amount of One-Thousand Eighty-Seven Dollars and Twenty Cents
($1,087.20).
19. As a further result of the negligence of the Defendant,
Anthony Troy stevenson, Plaintiff, Jane H. Eckerd, incurred damages
of One-Hundred and Ninety Two Dollars ($192.00) to replace the
clothing that the Emergency Room personnel found necessary to cut
off at the accident scene in order to render appropriate medical
treatment.
WHEREFORE, Plaintiff, Jane H. Eckerd, seeks damages from
Defendant, Anthony Troy stevenson, in an amount in excess of
Twenty-Thousand Dollars ($20,000.00) and demands a trial by jury.
COUNT n
JANE H. BCKBRD v. ROBBRT C. WARGO
20. Plaintiff, Jane H. Eckerd, incorporates and makes part of
this Count paragraphs 1 through 19 of this Complaint as if fully
set forth.
21. The occurrence of the aforesaid accident and the injuries
to Plaintiff, Jane H. Eckerd, resulting therefrom were caused
directly and proximately by the negligence of the Defendant, Robert
C. Wargo, generally and more specifically as set forth below:
(n) In negligently entrusting his vehicle to Defendant,
Anthony Troy stevenson;
(b) In allowing Defendant, Anthony Troy Stevenson, to
enter S. Sporting Hill Road from a place other than
another roadway and failing to yield the right-of-
5
t .-
. .
way to all vehicles approaching on S. sporting Hill
Road, including the vehicle in which the plaintiff,
Jane H. Eckerd, was a passenger, in violation of
section 3324 of the Pennsylvania Motor Vehicle Code;
(c) In allowing Defendant, Anthony Troy stevenson, to
fail to keep a reasonable lookout for vehicles
lawfully travelling on S. Sporting Hill Road;
(d) In allowing Defendant, Anthony Troy Stevenson, to
fail to maintain proper and adequate observation of
the traffic conditions then and there existing;
(e) In allowing Defendant, Anthony Troy Stevenson, to
fail to exercise reasonable care in the operation
and control of said vehicle; and
(f) In allowing Defendant, Anthony Troy Stevenson, to
operate in a reckless and dangerous manner said
vehicle in positioning it suddenly in front of the
vehicle that was travelling south on S. Sporting
Hill Road in which the Plaintiff was a passenger.
22. As a direct and proximate result of the negligence of the
Defendant, Robert C. Wargo, Plaintiff, Jane H. Eckerd, has
sustained injuries, including, but not limited to, a concussion,
hematomas of the right and left forehead, fracture of the tip of
the nose and a deviation of the nasal dorsum, requiring surgery.
23. As a result of the negligence of the Defendant, Robert c.
Wargo, Plaintiff, Jane H. Eckerd, has been and probably will in the
future be hindered from attending to her usual occupation and daily
6
duties, to her great
embarrassment.
24. As a result of the negligence of Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, suffered a loss of life's
pleasures, and probably will continue to suffer the same in the
future, to her great detriment and loss.
25. As a result of the negligence of the Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has undergone great physical
pain, discomfort, humiliation, embarrassment and mental anguish,
and she will continue to endure the same for an indefinite period
of time in the future, causing her great physical, emotional, and
financial detriment and loss.
26. As a result of the negligence of Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has been compelled, in order to
effect a cure for the aforesaid injuries, to expend large sums of
money for medicine and medical attention, and will be required to
do so in the future, to her great detriment and loss.
27. As a result of the negligence of the Defendant, Robert C.
Wargo, Plaintiff, Jane H. Eckerd, has incurred lost wages in the
amount of One-Thousand Eighty-Seven Dollars and Twenty Cents
detriment,
loss,
humiliation
and
.
($1,087.20).
28. As a further result of the negligence of the Defendant,
Robert C. Wargo, Plaintiff, Jane H. Eckerd, incurred damages of
One-Hundred and Ninety Two Dollars ($192.00) to replace the
clothing that the Emergency Room personnel found necessary to cut
off at the accident scene in order to render appropriate medical
7
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treatment.
WHEREFORE, Plaintiff, Jane H. Eckerd, seeks damages from
Defendant, Robert c. Wargo, in an amount in excess of Twenty-
Thousand Dollars ($20,000.00) and demands a trial by jury.
HANDLER AND WIENER
Date: 3 - t;. ,-q Y
Attorneys for Plaintiff
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VBRIPICATION
I, Jane H. Eckerd, hereby verify that the statements made in
the foregoing pleading are true and correct to the best of my
knowledge, information, and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.e.s.
54904 relating to unsworn falsification to authorities.
Date:3- g- -91
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JANE H. ECKERD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1295 CIVIL 1994
v.
ANTHONY TROY STEVENSON and
ROBERT C. WARGO,
Defendants
ANSWER
AND NOW, come the defendants, Anthony T. Stevenson and
Robert C. Wargo, by their attorneys, Fowler, Addams, Shughart &
Rundle, and make the following answer to the plaintiff'S
complaint:
1-7. Admitted.
8. Denied as stated, but it is admitted that Defendant
Stevenson was attempting to cross the southbound lane of traffic.
9. Admitted.
10. After reasonable investigation, the defendants are
without knowledge sufficient to form a belief as to the truth of
the averments regarding the plaintiff'S injuries and damages.
The same are therefore denied.
COUNT I
JANE H. ECKERD v. ANTHONY TROY STEVENSON
11. The answers to Paragraphs 1-10 are incorporated herein
by reference.
12. The conclusion of law that the accident and injuries
were caused by the negligence of the defendant is denied.
13-19. The answer to Paragraph 10 is incorporated herein by
reference.
WHEREFORE, the defendant requests Count I be dismissed.
COUNT II
JANE H. ECKERD v. ROBERT C. WARGO
20. The answers to Paragraphs 1-19 are incorporated herein
by reference.
21. The conclusion of law that the accident and injuries
were caused by the negligence of the defendant is denied.
Defendant Wargo had no right or ability to exercise control over
the operation of the vehicle at the time of the accident.
22-28. The answer to paragraph 10 is incorporated herein by
reference.
WHEREFORE, the defendant requests Count II be dismissed.
FOWLER, ADDAMS, SHUGHART & RUNDLE
~
By:' ~
W ~am A. Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendants
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JANE H, ECKERD,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO, 1295 CIVIL 1994
CIVIL ACTION - LAW
.i
Plaintiff
v,
ANTHONY TROY STEVENSON
and ROBERT C, WARGO,
JURY TRIAL DEMANDED
Defendants
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please mark the above captioned matter settled and discontinued,
HANDLER AND WIENER
Date: 7- /1-11"
ATTORNEY FOR PLAINTIFF
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