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Home My WebLink About02-3299BEVERLY McPHERSON, Plaintiff Mo ROBERT STAZ and PATRICIA PUTT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED NOTICE TO DEFEND 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 a/~r this Complaint and Notice are served, by entering a wriRen appearance personally or by attorney end filing in writing with the Court your defenses or objections to the claims set forth against you. You are w~xned 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. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 NO~C~ Le hen demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al parfir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per abogado y archivar en la corte en forma eserita sus defensas o sus objeciones a las demendas en contra de su persona. Sea avisado que si usted no se defienda, la coCm tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y pot cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o o~'os derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABOGADO IMIVIEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TJENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 247644.1 ~vlTCALC3 BEVERLY McPHERSON, Plaintiff ROBERT STAZ and PATRICIA PUTT, Defendants iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. JURY TRIAL DEMANDED COMPLAINT 1. PlaintiffBeverly McPherson is an adult individual and citizen of the Commonwealth of Pennsylvania, residing in Enola, Cumberland County, Pennsylvania. 2. Defendant Robert Staz is an adult individual and a citizen of the Commonwealth of Pennsylvania who resides at 3800 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Patricia Putt is an adult individual and a citizen of the Commonwealth of Pennsylvania who resides at Thirteen West Main Street, Shiremanstown, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter related to "Accident One" took place on or about August 31, 2001, at approximately 1:30 p.m., on State Street in Lemoyne, Cumberland County, Pennsylvania. 5. At that time and place, Mrs. McPherson was operating her 2001 Saturn SL1 in a westbound direction in the westbound lane of State Street. 6. At that place, State Street has a single lane for each direction of travel. It also has a center turning lane. 7. At that time, Ixaffic on State Street was heavy. There was a line of vehicles in the center turning lane. 247644.1WITG~LC3 8. At the same time, Defendant Robert Staz was operating his vehicle in an eastbound direction in the eastbound lane of State Street. 9. Defendant Staz attempted to make a left turn fi.om the eastbound lane. He ttmaed across the center turning lane and directly into Mrs. McPherson's vehicle. 10. Defendant Staz caused the front fight comer of his vehicle to impact the front left comer of Mrs. McPherson's Saturn. 11. The foregoing accident (hereinafter Accident One) and ail of the injuries and damages set forth hereinafter sustained by Plaintiff Beverly McPberson are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Staz operated his motor vehicle as follows: a) failure to make a left turn from the proper turning lane in violation of 75 Pa.C.S.A. {}3331 (d); b) failure to yield the right-of-way to oncoming traffic in violation of 75 Pa.C.S.A. §3322; c) failure to keep a proper and adequate watch for other vehicles on the roadway; d) failure to look for traffic before pulling out into a lane oftraflic; e) failure to keep proper and adequate control over his vehicle; and f) driving his vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonweaith of Pennsylvania~ 12. The facts and occurrences hereinafter related to "Accident Two" took place on or about December 5, 2001, on the Carlisle Pike, SR 11 North in Cumberland County, Pennsylvania. 13. Mrs. McPberson was operating her 2001 Saturn SL1 in a westbound direction aiong the Carlisle Pike. At the time, she was heading towards a chiropractic appointment for treatment of the injuries she sustained in Accident One. 247644. I~MTG\LC3 2 14. At the same time, Defendant Putt was operating her vehicle in a westbound direction on the Carlisle Pike directly behind Mrs. McPherson. 15. At that time and place, Mrs. McPherson slowed and stopped her vehicle due to 16. Defendant Putt did not stop her vehicle and caused the front of her vehicle to impact the back of Mrs. McPherson's Saturn. 17. The foregoing accident (hereinafter Accident Two) and all of the injuries and damages set forth hereinafter sustained by PlaintiffBeverly McPherson are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Putt operated her motor vehicle as follows: a) failure to operate her vehicle in such a way as to be able to stop her vehicle within the assured clear distance ahead in violation of 75 Pa.C.S.A. {}3361; failure to keep a proper and adequate watch for other vehicles on the roadway; c) d) failure to keep proper and adequate conlxol over her vehicle; and driving her vehicle upon the roadway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT I Beverly McPherson v. Robert Staz and Patricia Putt 18. Paragraphs 1 through 17 of the Complaint are incorporated herein by reference. 19. Plaintiff Beverly McPherson sustained painful and severe injuries as a result of Accidents One and Two, which include but are not limited to, acute and severe hyperextension/flexion of her cervical spine, acute and severe sprain/strain of her thoracic spine, 247644.1 ~MTG~LC3 3 chronic and moderate hyperextension/flexion cervical spine injury, chronic and moderate thoracic radiculitis, neck pain, and mid-back pain. 20. By reason of the aforesaid injuries sustained by Mrs. McPherson, she was forced to incur liability for chiropractic treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and a claim is made therefor. 21. Because of the nature of her injuries, Mrs. McPherson has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and a claim is made therefor. 22. As a result of the aforementioned injuries, Mrs. McPherson has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and a claim is made therefor. 23. As a result of the aforesaid injuries, Mrs. McPherson has been and in the future may be subject to humiliation and embarrassment, and a claim is made therefor. 24. Mrs. McPherson continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and a claim is made therefor. WHEREFORE, Plaintiff Beverly McPherson demands judgment against Defendants Robert Staz and Patricia Putt, in an amount in excess of Twenty-five Thousand Dollars ($25,000.00), 247644.1WITG~LC3 4 exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 247644.1WITG~LC3 5 VERIFICATION I, Beverly McPherson, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are t~ue and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. WITNESS: Dated: Beverly Mcl~herS°n 247644.1WITG~LC3 SHERIFF'S RETURN - CASE NO: 2002-03299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCPHERSON BEVERLY VS STAZ ROBERT ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STAZ ROBERT the DEFENDANT at 1705:00 HOURS, on the 12th day of July at 3800 LAMP POST LANE , 2002 CAMP HILL, PA 17011 CAROL STAZ, WIFE a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this ~,.~ day of A.D. ~ ;Prothonotary So Answers: R. Thomas Kline 07/15/2002 ANGIN0 & ROVNER By: ~ Deputy Sheriff SHERIFF'S RETURN CASE NO: 2002-03299 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCPHERSON BEVERLY VS STAZ ROBERT ET AL - REGULAR RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PUTT PATRICIA the DEFEND~LNT , at 1__705:0q HOURS, at 13 WEST MAIN STREET on the 12th day of ~ul¥ _, 2~002 SHIREMANSTOWN, PA 17011 DONALD PUTT, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Hi~ attention to the contents thereof. Sheriff.s Costs: Docketing 6.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 24.97 Sworn and Subscribed to before me this J-~-~ _ day of ~,,~- ~2 ~-D ,~ A.D. ; ~Protho~tary , , ~ So Answers: R. Thomas Kline 07/15/2002 ANGINO & ROVNER By: -27 Deputy Sherif~ BEVERLY McPHERSON, Plaintiff ROBERT STAZ and PATRICIA PUTT, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-3299 Civil Term JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Dav~ I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff CC Rhonda Hughes, AAA Insurance Carol Alberto, Travelers Insurance 248270.1\DLL~IvlTG