Loading...
HomeMy WebLinkAbout94-01442 " . I . I ," I' " I , I I I I ~ ~ ;; ), IC )~ 1C .". -TI Ijj:. .~., 0') ':' .,. y ':) (,_,-)',;-r , I ,', ~ - ' ..1 - ' I' ,;:, ,,';'.' """:r I ,~I/ ;1'. N ,,/1,11 ~ j, .t'lI ~.J I' ,:1 ::a: J (,~ "} , '! ~ , <j \) (J, t, (\ \..) ,~ ~\) 1,1,1 ~~ ~ ~~ \'\ , I ~ II. . ~ to.l ~ ... j.J ! ~ w ~ ! ... It ! '" .1 ; ~ ~ I;; ~ ~ i I j.J Cl I] ! ~ 2 n' ~ ." " III · 1/1 ~ ... A. & ~ ~ .., i d & I E ~ ~ ~ " ~ . to.l 1/1 0 - ~ ~ ..l ~ A.l&o ~~ga.g ! e I ~ ~'~ ~i ::! 0( ~ :J: I u!i J: ,I ' I , ' I ' . . . " I Commonwealth of Pennsylvania County of Cumberland lbIe1ne flhe1.l.IrileJ: VI. Cnurt 01 Conunoll Pie.. 94-1442 Civil ~ No, ..................................... 19.... Civil Aatioo - law I~ .~_._.....".__________.___.__.____w__~_..__.. klnnie Strayer 14 *1nut LIIne CAIq) Hill., PA 17011 To ....~HJ..lft~........................ You Are hereby notilied that ,.... __......a.ua.iM ..lStJla 11~~ __..... __..oO __........ ..... _.. .._......... ...... ........ ........... ....._.. ____...... _.>t.._ _. ....... .......... the Plainri/! ha a commenced an actinn in ....clvJ.J..J\QtJal.:-.JM................'............... a(ainll ynu which y<lu are required 10 delend or a delault judsmenl may be entered aplnn you, (SEAL) ..~.Jl~.""~.............._......._.. Prothonotary tl,.. .....~_~.._.._.._..._ 19..9' By ..~:~.t/"..K..~~r_.ud...n.. / tle!luly T7 I', t I, . ..I ,,, ,,,(>,, II I rei' '\ ~ " :1 I .. , .... ....~.~:~!~]...~~~J.!.~ I'~-. '. , , " ., 1,,11 .. ., ......~..~..~..............-........ ., I. . , ..1 " " '1 It:IllIl1ne ~ \il ','I ., " w. JDlRie Suay&r 14 tIIIlnUt LIInIl CSJI) Hill, P" 17011 ., I " , ., , , .........--..--..---.---............ I Su","'one In , ' " " civU 1oCtion - ..., .....................--............. 1'1 .' , Htt~ . ~ MsJ;Vtn B8IItd8 '31979 Neil ". ~ ,~3142 130 state st~t P.O. IlOIC 946 UIIrri.IbJr9, p" 17lOlH1946 -(717)236-0781 .\ I' "I I I, .\ _..__._-_..__.~,tO~-_......_._..- '1 , '''''',~ . " " , ;, , , ",I " , \., , '-:-1" " , J ,', '" c.. ) , " ~ ~~ "" " ~ ~ z~ e ~. ~ ...< ( , " ~ ! ~ ~ OJ ~~ ~ ~ .~ ~ ~ ~~~ ~ ~ ~ ~; ~~01*~ ~ Il: " <':l H ~~'5 ~ ~ ;5 '" ~ ~ ~ ~ I ;; ~ . ~ F: ~ ~.. i> ~~Fnd~ ~~6~ 8 '" ~ ~ 8 a. z ~ ~' -( ~ 'Il 0( ~ ~J ~ ~ ~~go ~ t2 uz M ;3 " ' " " " , " . .~, . ..... ~ ~. .. .. . v. : : : I. I IN THE COURT OP CQMMON PLBAS CUMBlU\l..AND OOUN'IY, PBNNSYLVANJA avtL ACTION. LAW NO. 9+1442 Civil Tenn JURY TRIAL DEMANDED ROMAINB SHBLLBNBBRGBR, PI.,,,..,, LONNIE STRAYER, Defend.Int COt,!PLAlNT NOW COMEB Plaintiff Romaine Shellenberger, by and through her attorneys, Nell A. Grover, Esquire, and MILSPAW 8< BESHORE, and for her complaint states: 1. Plaintiff Romaine Shellenberger Is on adult Individual residing at 1055 N. Allendale Rood, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant lonnie Strayer, 0/1<10 lonnie N. Strayer, Is an adult Individual residing at 14 Walnut Lane, Camp ~'Ul, Cumberland County, Pennsylvania, 17070. 3. In the early evening hours of October 29, 1993, Mrs. Shellenberger was the back seat pa~senger In a 1987 Pord Thunderbird, Vehicle Identification Number 39819306001. 4. Mrs. Shellenberger was the owner of that vehicle. 5. At that time, Mrs. Shellenberger's vehicle was being operatt.d by her slater, Wando M. Wolaver, a llcensed motor vehicle operator, who resides at 1112 Apple Drive, Mechanlcsburg, Pennsylvania 17055. 6, Immediately prior to the collision at Issue, Mrs. Shellenberger's vehicle was safely stopped behind a turning vehicle In the westbound lone of Simpson Ferry Road (SR2014) In Hampden TOWlUlhip, Cumberland County, Pennsylvania. 1. At approximately 1:55 p,m., another motor vehicle struck Mrs. Shellenberger's vehicle In the rear, on the passenger side, pushing It Into a utility pole. 8. The vehicle that struck Mrs. Shellenberger's vehicle wa. a 1981 Mazda 82600, Vehicle Identification Number 39740092001, 9. At the time of the accident at Issue, the vehicle that .truck Plaintltl'. vehicle was being operated by Defendant Lonnie Strayer. 10. At the time of the accident, the posted speed limit on the .tretch of road where the accident occurred was 40 miles per hour. 11. Immediately prior to and at the time of the collision at Issue, the Defendant was travelling In exceSM of the posted speed limit, 12. At the time of the accident, the westbound lane of Simpson Pert)' Road was dry, well lit and free of barriers, debris, obstructions or other Impediments, other than motor vehicle traffic. 13. Both vehicles were severely damages as a result of this accident. 14. In the hours preceding this accident, Defendant Lonnie Strayer consumed a large quantity of alcohol, Including at least four (4) mixed drinks consisted of 151 Rum and coke. 15. At the time immediately prior the time of this motor vehicle accident, the Defendant lonnie Strayer was physically and legally Intoxicated. 16. This motor vehicle accident and the resulting personal Injuries to Plaintiff was a direct and proxlnuue result of the negligent, careless, reckless, wll1fu1, wanton, .2. outraleoUl and lndlfterent act. and failures to act of Defendant Lonnie Strayer, which Include but are not limlred to the following: a. Palling to keep proper and adequate control of the motor vehicle that he was driving, b. Paillng to take due and proper cogni~ance of the conditiON of the roadway upon which he was driving. c. Driving his vehicle at a rate of speed In excess of that at which he could fl\8lntaln proper and adequate control of the vehicle, d. Knowingly operating his vehicle In a maMer which was careless, willful, wanton and outrageous, with reckless disregard for the rights, .olely and position of the Plaintiff. e. Knowingly operating a vehicle in a maMer which endangen penON and property, f. Knowingly operating a vehicle In a maMer which was In violation of Section 3731 of the Motor Vehicle Code of the Commonwealth of Penn..ylvania. g. Knowingly operating a vehicle In a maMer which was In violation of Section 3361 of the Motor Vehicle Code of rhe Commonwealth of Pennsylvania. h. Operating a vehicle without due regard to the assured cleared dl.tance ahead. .3. I. Orivina a vehicle It a rate of speed excessive to the ucertainable conditiON of the roadway. J. PennJttinJ the vehicle to strike the rear of the vehicle occupied by the Plaintiff. k. Attempting to maneuver his vehicle around to pass the standing westbound lane of traffic, without taking due regard of the Plaintiff. vehicle. I. Palling to apply his brakes. m, Palling to apply his brakes in time to avoid the collision. n. Negligently applying the brakes. o. Palling to observe the Plaintiffs' vehicle on the highway. p. Palling to operate his vehicle In accordance with the existing traffic conditions and traffic controls, q. Palling to keep a reasonable look-out for other vehicles lawfully on the road. r. Knowingly entering a vehicle while physicBlly Bnd mentally Impaired by Bleohol. .. Knowingly operating a vehicle while physically and mentally impaired by alcohol. t. Knowingly operating B motor vehicle after consuming such a quantity of alcohol a. to be above the legal blood alcohol limit. " .. - 11. ^' a re.ult of the (orce of the Impact caused by the negllsent, cuele.., reckle.s, wll1ful, wanton, outrageous and Indifferent acts and failures to act of the Defendant, Mn, Shellenberger suffered physical Injuries, Including but not limited to a fractured sternum; Increased ST -T changes consistent with a myocardial I:ontuslon; multiple trauma, Including trauma to her head and chest, as well as an aggravation of her pre- existing cardiac condition; a large ecchymosis around the left eye with swe11lng, temporarily shutting that eye; and ecchymosis on the left side of the neck at the junction of the neck and shoulders; and a pennanent distortion of her forehead, 18. ^' a result of the negligent, careless, reckless, willful, wanton, outrageous and Indifferent acts and failures to act of the Defendant, Mrs. Shellenberger required " I : I \ j.; medical treatment Including hospitalizations at Holy Spirit Hospital and Polyclinic Medical Center; treatments for her aggravated cardiac condition, Including angloplasty and catheterization; and diagnostic testing that Included multiple X-rays. 19. ^' a result of the negligent, careless, reckless, willful, wanton, outrageous and Indifferent acts and failures to act of the Defendant, Mrs. Shellenberger experienced and will continue to experience mental and physical pain and suffering, Inconvenience In carrying out her dally activities and a loss of life's pleasures and enjoyments. 20. ^' a result of the negligent, careless, reckless, willful, wanton, outrageous and Indifferent acts and failures to act of the Defendant, Mrs. Shellenberger lost the use of her motor vehicle for approximately six weeks, Incurred replacement costs, and was essentially housebound for three (3) months. - 5- 21. AI a direct re.utt of the negligent, careless, wUlful, wanton, outrageoUl and Indifferent acts and fallures to act of the Defendant, Mrs. Shellenberger suffered medical expense. of approxlmately $20,000. 22, Defendant Lonnie Strayer has expressly admitted his responslbiliry for this automobile accident and the h"urles suffered by Mrs. Shellenberger personally and through hi. legal representative, as Indicated In the attached lellers of July 22, 19904, July 24, 1994, and July 30, 1994, which are attached hereto and marked respectively as Plalndtl's Ezhlblll A, B, and C. COUNT I - NI!GUClENCE 23. Paragraphs 1-22 are Incorporated herein as If set forth again In full. 24, The acts and failures to act of the Defendant set out above constlrute negligent, cltreless, reckless, willful, wanton, outrageous and Indifferent conduct on the part of the Defendant. 25. These negligent, careless, reckless, willful, wanton, outrageous and Indifferent acts and failures to oct of the Defendant were and conlinue to be the direct and proximate resulr of Mrs. Shellenberger's physical, mental, emotional and economic Injuries set out above. 26. The Defendant's acts of October 29, 1993, Including his entering, starting and operating his motor vehicle while under the Influence of alcohol, while physically Impaired by alcohol and while physically and legally Intoxlcated, constitute outrageous conduct and reckless indifference to the life, safery and property of the Plaintiff, - 6- VII'.IIIIi'1CATlON I' i , i I, ROMAINE SHELLENBERGER, verify that I am the Plaintiff In the within action; that the attached Complaint Is baaed upon facia of which I have personal knowledaCl or Information furnished to me by counsel; that the lanauaae of the document Is that of counselllld not my own; and that thCl faclaaet forth In thCl foreaoina document are truCl and correct to lhe boll of my knowledac, information and belief. I understand that thCl statemenla herein are made Mubjcc:t to thCl penalties of 18 Pa, C,S.A, f 4904 relatlna to unswom falsification to authorities. I, :, ,.j /.1\ I r ,) ~t2L'h;'" rh. sJIl.i.A'11- [dj~.-J.. RO AINE SIIELLENBERGER I' ., 'I " II, I I I I I I, I " I , I " , Ii , " , , I I " I' , , , ' ,,' 'I 1\ II " \\, ,,, ", t.D ,,< ,,,. "'I~' ''-'1 .; .,,'~ III" ,d, , , 1-,. ~J\1 'I ~. ,~I~l' ., , .f',.1 I ):, I " ., ~I"" , ., ii' " " \' I, I'" I l'.. '.1, " , , , , , , 'I, , , " ., ., , l, 'III , ' " ., .' ,II ,', , , "." ., " .' " , ' ., ., d\l 'I ..1" J I i I, ,. "-'91 , '.' IV.III; I ~"~ 't\t"'ill'i,t"l\.11 ~~lJlik.lj~H......\IIh-d'-l t),,',-,;.,' , IlCtlIIIIt A ,. '1, \ \ - - I' , ' ,',I ., " " ,/~ .L 9~ ~TTORNlY ~T L~W SUITE 207 8 SOUTH H~NOVIR STREET C~RLISLE, PINNSYLV~NI~ 1701~ 1717) 2~3,'~77 i, JU~Y 22, lU.. Wanda M. Wolayer 1112 Apple Drive Kechllnio;6Llurg, PA 17055 ReI Lonnie strayer Consideration for Dear Mrs. Wolayerl I am writing you on behalf of my client, Lonnie strayer, who, al you are aware, was the operator of the vehicle which struck the car you were driving on October 29 of last year. Mr. strayer has informed me that he contacted you by telephone last week to discuss his application for admission into the Accelerated Rehabilitative Disposition (ARD) Program and at that time you had some concerns regarding your going on record as not opposing his admission into the program. ARD program rirst, let me briefly explain what the ARD Program is and the Philosophy behind it. This program is available to Hut time offende~s charged with ~ variety of violations of the criminal statutes, not simply motor vehicle violations. The program b intended to encourage tirst time ottenders to make a tresh start after participating in a the rehabilitation program. In Mr. strayer's case, this will include attendance at a state sponsored drivinq Ichool as well as an alcohol evaluation and posBible treatment at an independent aglittcy approvwd I.>y th.. county. Mr. Strayer will also ~utter the 10s8 ot his operating privileges tor either a period of six months or, should he elect, a period ot one Month followed by one year with an interlock system installed on his vehicle. What this means is that, tQllowing the one month luspension, a device similar to a breathalizer will be installed on Mr. Strayer's vehicle which incapacitates the ignition system should he provide a breath sample indicating the consumption ot alcohol. I might add that, should Mr. strayer elect this option, there are associated costs between $800.00 and $900.00. Mr. strayer has indicated you had some concern regarding statements he may have made or may make regarding your operation of your vehicle. rirst, let me make it clear that I am not representing Mr. strayer in conneotion with any oivil aotion arising out of thia inoident. Having aoid thath I did advise Mr. strayer that he should not in any way limit t e soope ot his testimony should the a~wion oommenoed by Mrs. Shellenberger go to trial. It is essential to our system of oivil hw that the court hear full and complete testimony, under oath, trom all parties having any knowledge of the incident giving rise to a civil complaint. I might add that it is not at all uncommon tor two or more witnesses to the some incident to present vastly differing testimony regarding their perception of what happened. This does not mean that any rarty is not telling the truth, it simply illustrates the rea ity that each person viewed the partioular incident from a different perspective and had a ditterent perception of the same event. It is the job ot the trier ot taot, the Judge or jury, to hear allot the testimony ~nd other evidenoe and then, and only then, arrive at the tacts. For Mr. strayer to in any way 11mi t his possible testimony, would circumvent this system. Mr. strayer also indicated to me that you telt that because he had not inquired after the accident as to yours and Mrs. Shellenberger's condition, that he was unconcerned as to any injur1es rou may have sustained. I would like to state emphatical Y that I hove no doubt that Mr. strayer was very concerned about yours and Mrs. Shellenberger's oondi tion. Mr. strayer called me, at home, the saturday morning following the accident. At that time, his primary concern was that you and Mrs. shellenberger were all right. I believe a subsequent discussion with Mr. strayer has revealed why he did not tollow up with any phone call or other inquiry as to how you and Mrs. Shellenberger were doing. AS you are probably aware, the media, both in dramatio presentotions and coverage of real events, as illuutrated recently by the O.J. simpson case, repeatedly presents the message, that it you are involved in an accident or charged with a violation of the criminal statutes, you should not say anything to anyone regarding the partioular incident or those comments IIcan and will be used against youll. I am oonvinced that Mr. strayer's intimidation by tho me9Ra~e presented in the media, was his reason tor. not making any inquiry. One last point which I would like to emphasize is that Mr. strarer is not asking for a recommendation from you for cons d.eration for the ARb progr.am. What Mr. strayer is requesting is simply a brief statement that you are not opposed to his being considered for this program. This does not mean that he will actually be accepted into the program. I would also stress that should Mr. strayer be admitted to this program, it is not simply a means of IIgetting oft easy". He will have to attend a driving sohool, address his use of aloohol, suffer a suspension of his driving privileges tor a minimum ot one "'I , 1'1 , ' ,F., , , I' , " ., ,. , ., I, , , " , " 'I ., , , , " ., , I I , ., , ., .1 'i I )' :\ !. 'I " "~I " " " " I I ,"~ .\ .' i " ., ,. I , , , " ,\ 1 'I '11 " ~Iblt . , " "'~"I ,>\,~"-It.t I. , I , ., ,i .',I....i'I'\I'OI,i.i"".,'Mft'-lj,I,I~,..."'ij'il."'...,-,-, , "\< ,. ... 1,1, , , , , ., " \ \ . ..,.- July '4', '1994 Wanda Wolayer 1112 APple Drive Mechaniclburg, fA 17Q~~ Lonnie strayer 14 Walnut Lane Clmp Hill, PA 17011 (717) 731-9677 Dear Wanda, Thank you t~r .peaking to me on the phone. I had a hard time getting in touch with my teelingl regarding the accident. I went in tor a alcohol eVAluation and enrolled tor out patient counlel1ng. The night ot the accident I drank tour rum amd cokel with 1~1 rum. I had jUlt tiniahed a 4~ day work outAge Ichedule and I had never drank 151 rum lince I normally drink beer. I made the mistake the minute I decided to drink and drive. The night ot the accident was the wor.t night ot my lite. Atter being handcutted and read my rightl I remember laying "I hope tho.e ladies are alright, that's the big picture". I cracked the windlheild with my head during the cralh. The next day I felt like a criminal. I never experienced anything clole to it. I called my neighb~r John who il a lawyer and repeated "I hope thOle ladi.. are alright, that'. the big picture". Rightly or wrongly I perceived you had pulled out in tront ot me. Dorothy Caraon trom Allltate called the week atter the accident and aaid the paalenger ot the car waa the owner, iln't talking and my B.A.C. was double the legal limit. I expre.led concern and contu.ion when Dorothy explained the injuries. Later that same day I called Dorothy back that'a when .he laid Romaine has a lawyer and expect a civil law suit. I took A chance calling Romaine when I tound out I wal denied the ARD program laat week. I tigured I would be the last person in the world Ihe would want to apeak with but my livelihood i. at stake here. Thi. i. my tirlt experience with the legal aystem and clearly all I can do i. tell the truth as I percieve it at any given point in time. Try to put youraelt in my aituation. I'm alking you tor a note laying you do not object to me entering a ARD program. The ARD program does not excule my crime. on the contrary, it accepted into ARD I will be pleading guilty to both D.U.I. and Sate Speed chArge.. I will testity under oath as to my high B.A.C. regarding previoul statements. Call it you have any doubt. a8 to my sincerity. :J, ~ r! I.' p I ~ 1,'1 I. "I Ir~'1 " " " " " ., , " " " ,. , 'I 'I " , , 'I, , , I' " \1;' i I , 'I \' , , ,,' ,,:1 , 'I 'I 'I , :1' , I' I!, I, ,I \ I I' \ 'Ii' ,., ,'_~"I"jl, .'in"""'l...4 hl.....;~j;..'."'f,..l~.~l,.. I ' I" ..'\/ I IEk,hlbll 0 \ " ~ - /' )0'" "'1' M~"') " . ..1, I ., I ~d~~)'~ ~ 'J -...{J ~ ~ ~ ' it.- ~. J a-- 4-- --4..~ ~ f-X~~~~~: ~~~ ~~7f~~~~ U~ '/, ~]) ~. ~ -t;/... ~' ~~ ~ ~;;{ ~.~!i- ~ ~~~~&~ ~. J3~OVl-J~~ h ~ (rNl-. J ~ ~~ ~~ ~.J ' ~ ~J ~ J ~~~) vJwf J ~~ ~) ~, :/ d ~ -I;a a>J2-- ~ d )k:--- J~J~a.-~ ~ ~~ ~ ~ dagr. !I~ I' :' 'I I ROMAINE SHELLENBERGER Plalntlfr, I IN THE COURT 01" COMMON PI.US I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION .I.AW I I NO. 94.1442 <:IVII. TERM t v. LONNIE STRAYER, Defendant PRAECIPE .. TO THE PROTHONOTARY Please linter my Appearance on behalfofthe Defendant, Lonnie Strayer, In the above-captioned mailer. ltelpeellUlly lubmilled, .~L~~?~ y. -- --------.---- James G. Nealon. III, Esquire Allorney 1.0. # 46457 Allorney for Defendant 3631 North f'ront Street Harrisburg. P A 1771 0 (717) 232.7661 Dated: January 3, 1994 (;ERTIFICAJ'~ OF SERVICE AND NOW. this Jrd day of January, 1995, I hereby certlIy that I have served the forollolnll Praecipe for Entry of Appearance on the followinll by depositinll a true and correct copy of same in the United States mails. postalle prepaid, addressed to: Nell A, Grover. Esquire MlIspaw &. Beshore 130 State Street p,O, Box 946 Harrlsburll. P A 17108-0946 , C\~ --~~~/~ lames G, Nealon, III, Esquire Dated: January J, 1995 " , I, ! ,I , 'I- " ,/ "'II , I " ' " I. , . , , I VJiRIFJC AlIQf\j I, LONNIE! STRAYER. verUy that the statements made in the tbreaolny Answer are true and correct, I understand that false statements herein arc made subjecttll the penalties of 18 Pa, C,S,A, 4904 relatlnllto unSWQrn falsification to authorities, ~~ Lonhle Slrayer Dated: January 31/ 1995 " II , " I " , , I I I , I, I , ., C8rtifiaate of Service AND NOW, this 31st day at January, 1995, I hereby certify that I have served the toregoing Answer on the tollowing by depositing a true and correot copy at same in the United State~ mails, postage prepaid, addressed tat Neil A. Grover, Rsquire Milspaw & Beshore 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 44822.1 re 'i " I , , , 1)1 I, I I,i, I I ; { J ',I .I~ ;\ , "t ~ ,{ t " . . CBRl1P1CATR OP SHRVlCB ~ ~ I hereby certify, that I have, this '2; day of \. ~ . ,1995, served a true and correct copy of the foregoing PRAECIPE 1'0 SETILE AND DISCONTINUE upon counsel for the Defendant via the United States Postal Service, fint class postage prepaid and properly addressed to the following: James G. Nealon, III, Esquire CALDWELL 8< KEARNS 3631 North Pront Street Harrisburg, PA 17110-1533 , , , , , I , ' .2. 'I ., I, , '.'